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i. Contractor's invoice number <br />ii. Santa Ana Police Department's case number <br />c. Payment by City shall be made within sixty (60) days following receipt of proper <br />invoice, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance for professional towing services or in <br />accordance with the standards set forth in this agreement. <br />d. City imposed storage fees received by the contractor shall be remitted to the City by <br />the 15th of each month for any and all vehicles released during the prior month. A <br />vehicle release report, which reconciles the vehicles released by the contractor, will <br />also accompany the payment to the City. Payments shall be remitted to: <br />Santa Ana Police Department <br />Attention: Cpl. Saul Esquivel —Traffic Division <br />60 Civic Center Plaza <br />Santa Ana, CA 92702 <br />e. Adjustments to the Towing and Storage Pee Schedule <br />The Police Rotational Tow Manager or his designee shall examine the towing and storage <br />rates authorized in accordance with this agreement on an annual basis. The Program Manager may <br />adjust the towing and storage rates, not to exceed two percent (2%) annually, based on the most <br />recent statistics, as follows: the two indices which will be used for determining adjustments to the <br />towing and storage fee schedule shall be the prior twelve (12) months, reporting month. December, <br />Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim -Riverside <br />Consolidated Metropolitan Statistical Area, published by the United States Department of Labor's <br />Bureau of Labor Statistics or any relevant successor for the Orange County area, and the twelve <br />(12) month December Producer Price Index for Petroleum (PPI). The adjustment formula shall be <br />as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at tell <br />(10%) percent. However, fee adjustments will only be made if justified and shall occur at the sole <br />discretion of the Chief of Police based on recommendations from the Police Rotational Tow <br />Program Manager, <br />3. TERM <br />This Agreement shall commence on September 1, 2021 and continue for a three (3) year <br />term until August 31, 2024, unless terminated earlier in accordance with Section 13, below. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire terns of this Agreement, be construed to be an <br />independent Contractor and not an employee of the City. This Agreement is not intended not 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 Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />Page 2 of 10 <br />#I14189sv2 <br />