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assure that contract decisions are made in public, and to protect the integrity of the RFP/Bid
<br />Evaluation process. Violation of this provision may result in rejection of the offeror's proposal.
<br />G. Payment of Taxes and Contributions:
<br />1. Operator will pay any and all taxes and contributions assessed against Operator for Unemployment
<br />Insurance, Retirement Benefits, Pensions, and Annuities now imposed, or hereafter imposed by any
<br />governmental unit, that is measured by wages, salaries or other remuneration paid to persons
<br />employed by Operator in connection with the Services and this Agreement.
<br />2. Operator hereby accepts and assumes exclusive liability and shall indemnify, protect, and hold
<br />harmless Owner from and against the payment of all sales, use, personal property, and any other
<br />taxes (including interest and penalties thereon) required by any Federal, State, County, Municipal or
<br />other law, to be paid or collected bythe Operator or any of its subcontractors or vendors, or any other
<br />person or persons acting for, through or under Operator, or any of them, by reason of the
<br />performance of services hereunder, or the acquisition, ownership, furnishing or use of any materials,
<br />equipment, supplies, labor, services or other items, for and in connection with the services to be
<br />performed by Operator hereunder.
<br />H. Right to Audit and Records Retention• Upon reasonable notice to Operator, Owner or its designee will have
<br />reasonable access during regular business hours of the Parking Facilities to all books, accounts, record,
<br />reports, minutes, files pertainingto the operation, maintenance, and repair of the Parking Facilities for the
<br />purpose of malting reasonable spot checks, observations, surveys, audits, examinations, excerpts, and/or
<br />transcripts.
<br />1. Operator will retain all books, accounts, records, daily cash receipts (tickets, cash register tapes,
<br />cashier reports, etc.), monthly parking and validation sales logs, reports, payroll and timecards,
<br />minutes, files, and other pertinent data for a minimum period of five (5) years after the end of each
<br />particular year to which such items pertain unless authorization to remove the records sooner is
<br />granted in writing by the Owner.
<br />2. Upon reasonable notice to Operator, Owner's designee may examine any of Operator's records
<br />relating to the management and operation of the Parking Facilities and will have the right to audit the
<br />same at any time during the Term of this Agreement and for a period of five (5) years after the
<br />termination or expiration of this Agreement at the location within Orange County where such records
<br />are stored during normal business hours. However, Owner's audit rights shall not include the right to
<br />audit the makeup of fixed price costs or fixed rates agreed upon by Owner. The cost of any such audit
<br />will be borne by Owner unless such audit discloses an erroror inaccuracy in favor of Operator in excess
<br />of five percent (5%) of stated income or expense, in which case Operator will pay for the cost of such
<br />audit. Additionally, interest (at 8%) on the amount disclosed in the audit, plus an administrative fee
<br />at $100 per hour will be applied. Any adjustment in amounts due or owing by either Owner or
<br />Operator will be paid within fifteen (15) days following receipt of the audit report. The provisions of
<br />this Paragraph will survive the expiration or termination of this Agreement.
<br />3. Operator will account for all tickets issued on a monthly basis as part of the monthly operating
<br />statement. Missing tickets deemed to be outside of the acceptable range (2%), as solely determined
<br />by Owner, will be assessed against the Operator's monthly management fee at a rate of the daily
<br />maximum value of each missing ticket.
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