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<br /> <br />E. Consultant shall provide site fee rebates equal to five percent (5%) of the gross sales <br />up to $800, and 7% on sales over $801, for each clinic held in the City. Such rebates <br />shall be received by the City on a quarterly basis with a clear statement indicating the <br />services provided and the fees received at each clinic. <br />3. OBLIGATIONS OF CITY <br />A. City shall allow Consultant to advertise by means of general accepted media, as well <br />as through direct mail. <br />B. City agrees to disseminate flyers for the upcoming vaccination clinics at City Hall <br />and other City locations. <br />C. City agrees to post banners and posters in well traveled City locations, indicating the <br />time, date and location of the next clinic, types of services offered and general price <br />information, in accordance with the legal limits of the Santa Ana Municipal Code. <br />D. City agrees to periodically publicize the vaccination clinics in public advertising such <br />as public service announcements and printed calendar events in local publications. <br />E. City agrees to ensure sufficient designated space for the vaccination clinics to be held <br />in the City. If requested, Consultant will assist in arranging these locations. <br />F. City agrees to advertise the vaccination clinic dates, times and locations in its license <br />renewal reminder notices mailed to pet owners. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />[~'~ , 2002, unless terminated earlier in accordance with Section 12, below. The term of <br />tt is greement maybe extended upon a writing executed by the Chief of Police and the City <br />Attorney. <br />5. 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 nor <br />shall it be construed to create anemployer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />