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1. REQUEST FOR WORK Upon notice from the Executive Director of Public Works or his designee that an emergency exists and upon being requested to provide Services under this Agreement, Contractor shall promptly determine, in his sole discretion, and promptly notify City whether Contractor is willing and able to provide the Services requested by City. If the Contractor is able and willing to provide the Services, Contractor shall so notify City and shall immediately commence performance of the Services and diligently perform such utility repair work as the Executive Director or his designee directs. Contractor shall continue to furnish all tools, equipment, apparatus, facilities, labor, services and transportation necessary to complete the Services. 2. TERM OF AGREEMENT AND SERVICES TO BE PROVIDED BY CONTRACTOR a. The term of this Agreement shall begin upon execution of this Agreement and shall expire at the conclusion of three (3) years with an option to renew for another two (2) years exercisable by the City Manager. b. Contractor shall provide Services to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. Contractor shall provide personnel, materials, tools, and/or equipment to assist City during such emergencies. c. Contractor shall, within ten (10) days of execution of Agreement, designate an Authorized Representative and one alternate who shall have authority to act on behalf of Contractor. Contractor shall, within ten (10) days of execution of this Agreement, provide City with the information required on Exhibit A (Contact List). 3. CESSATION OF WORK City may, at any time, declare that there is no further need for Contractor's services in connection with a particular emergency, in which event Contractor shall cease work promptly upon notification to do so, but in no event later than twenty four (24) hours after notification. Contractor shall take any actions to secure the work prior to terminating the work. Any cessation of work ordered by City shall not terminate this Agreement, as City may require Contractor's further assistance in other emergencies. 4. NON EXCLUSIVE AGREEMENT Contractor acknowledges that City may enter into agreements similar to this Agreement with other contractors. City does not promise or guarantee that Contractor's services will be called upon at any time or at all. 2 25E-19