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omissions of Contractor, his agents, officers or employees, in <br />connection with this agreement or any amendment thereto. <br /> <br /> 7. Independent Contractor. City retains Contractor as an <br />independent contractor and not as an employee of City. As an <br />independent contractor, Contractor's agents and employee shall be <br />the sole responsibility of Contractor and shall not be deemed to <br />fall within any of the personnel provisions governing City <br />employees. In addition, Contractor shall be solely responsible <br />for insurin~ compliance with all laws governing its conduct and <br /> <br />obligations to its employees, including the payment of <br />compensation under the terms of the Fair Labor Standards Act. <br /> <br /> 8. This agreement shall not be assigned by contractor. <br /> <br /> 9. Time is of the essence in the performance of this <br />agreement. <br /> <br /> THIS AGREEMENT is entered into as of the day and year first <br />above written. <br /> <br /> SPILKER TRE SERV CE, INC. <br /> <br /> CITY OF PLEASANTON <br /> <br /> By. <br /> Kenneth R. Mercer, Mayor <br /> <br />ATTEST: <br /> <br /> James R. Walker, City Clerk <br /> <br /> Peter D. MacDonald, Cfty Attorney <br /> <br /> - 3 - <br /> <br /> <br />