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d. Professional Liability: A professiona!liability errars and amissions palicy with limits of,na <br /> less than,one million dallars($I,OQO,QQO)per claim. If said policy is written on a claims <br /> made basis,the retroactive date of the policy must predate the date of this agreement. In <br /> addition,the policy term must extend one year beyond carnpletion date of this agreement. <br /> e. Self-insured: If a self-insured retention or deductible is maintained on any of tha policies,the <br /> Professianal Service Provider shall provide the amaunt of the self-insured retentian ar <br /> deductible to the City. Such deductibles shal!be subject to approva!by the City. Sueh <br /> approva!shat!not be unreasonabiy withheld. The Prc�fessional Service Provider will be held <br /> solely responsible for the amount of such deductible and far any co-insurance. <br /> 8. lnsurance Nat A Lirnitatian. The insurance coverage and requirements contained in this Section <br /> shatl nat be construed to be a limitation of liabiiity for the Prafessional Service Provider. <br /> E. TERMINATION <br /> I. This Agreement may be terminated in whole or in part in writing by either party in the event of <br /> substantial failure by the other party to futfill its obligations under this Agreement through no <br /> fault of the terminating party;provided that no such terminatian may be affected unless the other i <br /> pariy is given nat less than fifteen(15}calendar days prior written notice(deIivered by certified <br /> mail,return receipt requested)of intent to tenninate,and an opportunity for cansultation with the <br /> terminating party prior to terminatian. <br /> 2. Upon receipt of a natice of intent to terminate fram the City pursuant to this Agreement,#he <br /> Professional Service Provider shall{1)promptly discontinue all services affected(unless the <br /> notice directs otherwise),and(2)make available to the City at any reasonable time at a location <br /> specified by the City all data,drawings,specifications,reports,estirnates,summaries,and such <br /> other infarmation and materiais as may have been accunnuIated by the Professional Service <br /> Provider in perfflrming this Agreement,whether completed or in process. <br /> 3. Upan term'rnation pursuant to this Agreement,the City's Representative may take over the work <br /> and complete the same by agreement with another party or otherwise. <br /> F. EQUAL EMPLOYMENT C}PPORTUNITY RE4UIREMENTS. The Professional Service <br /> Pravider agrees to abide by ar2d camp[y with the City's "Equal Emp(oyment Opportunity Clause" <br /> {attached and marked hereto as E�chibit F and incorporated herein by reference}to the extent that the <br /> clause is applicable to this contract. <br /> G. INDEPENDENT CONTRACTOR STATUS. Nathing contained in this Agreernent shall be <br /> canstrued ta make the Professionat Service Provider an ernployee ar partner of the City. The <br /> Professionai Service Provider shall at ali times hereunder be construed to be an independent <br /> cantractor. <br /> H. FEDERAL FUNDING. If Federal Funds are utilized as a soarce of Projeet funding,the <br /> Professional Service Provider shall abide by the terms of all Federal requirements in the performance <br /> of duties hereunder. <br /> I. AMENDMENT OF AGREEMENT. This Agreement sha11 be amended or supplemented only in <br /> wriEing and execvted by bath parties hereto. <br /> J. HOLD HARMLESS.Professional Service Provider shall indemnify and save harmless the City,its <br /> officers and emplayees against clairns for darnages to praperty or injuries to or death of any persan or <br /> persans, including property and emplayees or agents af the City and including reasonable attorney's <br /> fees incurred by the City or required in any way to be paid by the City,in defense thereof,and shall <br /> Last Revised:0512il2Q18 <br />