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and Term of this Agreement. The term of this Agreement may be extended upon a writing <br />executed by the Chief of Police and the City Attorney. <br />4. LIQUIDATED DAMAGES <br />Consultant shall remit to the City dog license proceeds and proper City remittance forms <br />on the day such proceeds are collected. If proceeds are not remitted to the City on the same day <br />as collected, and with the proper forms, City shall deduct a portion of Consultant's payment. The <br />amount of the deduction shall be calculated using a three tiered formula consisting of a single <br />day, consecutive day and a monthly rate deduction. The day rate shall apply when Consultant <br />fails to remit fees and correct forms on one single day. The consecutive day deduction shall <br />apply when Consultant fails to remit fees and correct forms for two consecutive days. The <br />monthly rate shall apply when a remittance is late by three or more consecutive days, or when <br />Consultant submits three or more late remittances in the same month. <br />1) If Consultant is one day late, City shall deduct 10% of the total proceeds shown in the <br />Daily Remittance Report total for the day Consultant's remittance was late. <br />2) If Consultant is two consecutive days late, City shall deduct 20% of the total proceeds <br />shown in the Daily Remittance Report total for the two days in which Consultant's remittance <br />was late. <br />3) If Consultant is three or more consecutive days late, or late three or more times in a <br />month, City shall deduct 10% of the total proceeds for the entire month in which Consultant <br />was late, shown in the Monthly Remittance Report total. <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 an employer- 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 applicable <br />standards and regulations governing such services. Consultant shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />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 described <br />below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br />