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The Contractor shall dispose of all materials used in conjunction with the <br />performance of this Agreement in strict compliance with all local, state and federal <br />environmental and/or waste management rules, regulations, laws, statutes and practices. <br />11. NO THIRD PARTY RIGHTS <br />The parties intend not to create rights in, or to grant remedies to, any third party as <br />a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking <br />established herein. If any provision of this Agreement shall be held invalid, such <br />invalidity shall not affect the other provisions. <br />12. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Contractor performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Contractor shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Contractor shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible <br />for all applicable withholding taxes. <br />13. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Contractor shall maintain <br />commercial general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not be <br />limited to protection against claims arising from bodily and personal injury, including <br />death resulting therefrom and damage to property, resulting from any act or occurrence <br />arising out of Contractor's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of <br />1,000,000 per occurrence. Contractor shall supply City with a fully executed additional <br />insured endorsement in substantially the form attached hereto as Exhibit C upon <br />execution of this Agreement and shall be approved in form by the City Attorney. <br />0 <br />