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iii. No play time or baths will be provided by VCA Yorba for any dogs regardless <br />of type of training <br />iv. VCA Yorba may decide, in its sole discretion, to refuse any service that would <br />put an associate at risk (such as overnight hospitalization if the dog cannot be <br />handled safely)." <br />2. COMPENSATION <br />a. The total amount to be expended during the term of this Agreement shall not exceed <br />$24,000. City agrees to compensate Consultant for any services provided since April <br />1, 2022 to the effective date detailed above. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above for a two-year term until <br />March 31, 2024, unless terminated earlier in accordance with Section 15, below. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent Consultant and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />5. RESERVED <br />6. INSURANCE <br />Coverage shall be at least as broad as: 3 <br />Commercial General Liability (CGL): CGL on an "occurrence" basis, including <br />products and completed operations, property damage, bodily injury and personal & <br />advertising injury with limits no less than $1,000,000 per occurrence. If a general <br />aggregate limit applies, either the general aggregate limit shall apply separately to this <br />project/location or the generalaggregate limit shall be twice the required occurrence <br />limit. <br />Page 2 of 9 <br />