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J. TERMINATION OF CONTRACT - The contract may be terminated under the following conditions: I . By mutual written agreement of both parties. Termination under this provision may be immediate. 2. Upon sixty (60) days written notice by the City to Contractor. The Contractor may terminate responsibility of contract by notifying the City one hundred twenty (120) days prior to termination date. K. CONSEQUENCES OF FAILURE TO PERFORM REQUIRED SERVICES — The City will give the Contractor written notice of work deficiencies by copies of inspection reports prior to charging a liquidated damage fee. These inspection reports shall be given to Contractor on a timely basis. The City will: 1. In the case of work scheduled for performance on a daily basis, deduct from the Contractor's next invoice a fee of Ten Dollars ($10.00) per occurrence of each task. 2. In the case of work scheduled for performance on less than a daily basis, allow the Contractor to correct the deficiency without penalty during the next scheduled work shift, or at a time mutually agreed, unless the work deficiency is a continuation; then the provisions of (1) will apply. Repeated instance of nonperformance by Contractor will be grounds for termination of Contract by City. II. INDEPENDENT CONTRACTOR STATUS The Contractor is engaged as an independent Contractor and will be responsible for any federal or state taxes applicable to this contract and for complying with the requirements of all federal and state laws pertaining to income tax with jail, unemployment insurance and other insurance applicable and necessary for its employees. III. EMPLOYMENT STANDARDS The Contractor agrees that the custodial services covered by this contract shall be performed by carefully selected and efficient employees in conformity with accepted janitorial standards and practices. The Contractor further agrees that upon request by the City, the Contractor will remove from the City's premises any employees who, in the opinion of the City, are guilty of improper conduct or are not qualified to perform the work assigned. Contractor further agrees to provide the City with a steady and dependable workforce. Employee turnover will be kept to a minimum. Employees working in The Depot at Santa Ana will be required to have an interview with the Downtown Development Division to be approved by the City prior to assignment.