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01/0/2001 10:19 910406155" :HUMANE AMERICA PAGE 04 <br />3. TERM <br />This Agrewment shall commence ox) the date first written above and terminate on <br />September 30, 2001, unless terminated earlier is accordance with Section 12, below. The <br />term of this Agreement may be extended upon a whiting executed by the City Manager <br />and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant 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 Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner comistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's so4dal secuarhy tapes, mewploy]rnent <br />insurance and similar taxes relating to ernployees and shall be responsible for all applicable <br />withholding taxes, <br />5- INSURANCE <br />Prior to undertaking performance of work under this Agmement, Consultant uball <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Professional liability (errors and omissions) insurance, with a combinm single <br />limit of not less than $1,000,000 per claim.. <br />b. The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section_ <br />(i) Consultant shall maintain all insurance required above in full force and <br />effect four the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution <br />of this Agreement and shall be approved in form by the City Attorney. <br />(W) Certificates and ,policies shall state that the policies shall not be <br />canceled or reduced in coverage or changed in any other material <br />aspect without thirty (30) days prior written notice to the City. <br />c. If Consultant fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the City with rcguired proof that insurance <br />has been procured and is in force and paid for, the City shall have the right, at the <br />City's election, to forthwith terminate this Agxwpxnent. Such termination shall not <br />effect Consultant's right to be paid for its tirne acid materials expended prior to <br />notification of termination. Consultant waives the right to receive compensation and <br />2 <br />