09.05 - Water-Wastewater Operations Service Agreement

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8.3. The Contract Price may be adjusted annually (January) by the Consumer Price Index. Using the Consumer Price Index change from January to January in the most current 12-month period. 9. MISCELLANEOUS 9.1. Voluntary and Knowing Action. The Parties,by executing this Agreement, state that they have carefully read this Agreement and understand fully the contents thereof; that in executing this Agreement they voluntarily accept all terms described in this Agreement without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound thereby. 9.2. Authorized Signatories. The Parties each represent and warrant to the other that (1)the persons signing this Agreement are authorized signatories for the entities represented, and (2) no further approvals, actions or ratifications are needed for the full enforceability of this Agreement against it; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty. 9.3. Pre-approved Expenditure Limit: The CONTRACTOR may expend up to $1000.00 per occurrence with prior Public works supervisor written authorization. 9.4. Sub-contractors. The CONTRACTOR shall not subcontract any of the services, which CONTRACTOR is to provide without the express written approval of CITY. 9.5. Independent Contractor. The CONTRACTOR is expressly forbidden to act for CITY in any other capacity, or to represent itself in any manner as an agent of CITY, except under the terms hereof. During the term of this Agreement the CONTRACTOR, and the CONTRACTOR's employee(s), if any, shall be considered and act as an independent contractor and shall not be considered as employee(s) of CITY. No statement contained in this Agreement shall be construed so as to find CONTRACTOR or CONTRACTOR's employees to be an employee of CITY,and CONTRACTOR and CONTRACTOR's employees shall not be entitled to any of the rights, privileges, or benefits of employees of CITY, including but not limited to, workers' compensation, health/death benefits, and indemnification for third- party personal injury/property damage claims. CONTRACTOR acknowledges that no withholding or deduction for State or Federal income taxes,FICA,FUTA, or otherwise, will be made from the payments due CONTRACTOR, and that it is CONTRACTOR's sole obligation to comply with the applicable provisions of all Federal and State tax laws. The CONTRACTOR shall furnish all labor required to perform the services and will have full control and direction over the method and manner of performing 7