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<br />4.2 Contract Officer. The Contract O�cer shall be the Water and Wastewater
<br />Directo�. It shall be the Contractar's responsibility to assure that the Water
<br />and Wastewater Director is kept informed of the progress of the performance
<br />of the services and tfie Cantractor shall refer any decisions which must be
<br />made by the City to the Utility Director. Unless otherwise specified herein,
<br />any approval of the City required hereunder sha(I mean the approval of the
<br />Utility Director.
<br />4.3 Prohibition Against Subcontractor of Assignment. The experience, knowledge,
<br />capability and reputation of the Contractor, its principals and employees were
<br />a substantial inducement for the City to enter into this Agreement. Therefore,
<br />the Contractor shall not contract with any other entity to perForm in whote or
<br />in part services required hereunder withoui the express written approval of
<br />the City. In addition, neither this Agreement nor any interest herein may be
<br />transferred, assigned, conveyed, hypothecated or encumbered voluntarily
<br />or by operation of law, whether for the bene�t of creditors or otherwise,
<br />without the prior written approval of the City. Transfers restricted hereunder
<br />shall include the transfer to any person o� group of persons acting in concert
<br />of more than twenty-�ve percent (25%) of the present ownership and/or
<br />control of the Contractor, taking al transfers into account on a cumulative
<br />basis. In the event of any such unapproved transfer, including any bankruptcy
<br />proceeding, this Agreement shall be void. No approved transfer shall release
<br />the Contractor of any liability hereunder without the express consent of the City.
<br />4.4 Independent Contractor. Neither the City nor any of its employees shall have
<br />any control over the manner, mode or means by which the Contractor, its
<br />agents or employees, perforrn the services required herein, except as otherwise
<br />set forth herein. The City shall have no voice in the sele�tion, discharge,
<br />supervision or contro! of the Contractor's employees; servants, representatives
<br />or agents, or in fixing their number, compensation or hours of services. The
<br />Contractor shall perform all services required herein as to the City, a wholly
<br />independent contractor with only such obligations as are consistent with that
<br />role. The Contractor shall not, at any time or'in any rnanner, represent that
<br />it or any of its agents or employees are agents or employees of the City. The
<br />City shall not in any way or for any purpose become or deemed to be a
<br />partner of the Contractor in its business or otherwise or a joint venture or a
<br />member of any joint enterprise with the Contractor.
<br />5.0 INSURANCE, INDEMNIFICATION AND BONDS:
<br />5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
<br />expense, in a form and content satisfactory to the City, during the entire teRn
<br />of the Agreement, including any extensions thereof, and for such additionaf
<br />periods as required below, the following policies of insurance:
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