25F - AGMT - PARKING CONTROL SERVICES

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Contractor's invoice number ii. Beginning and ending dates of services iii. City work order number (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice vii. GPS Route Maps (as requested) c. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement service. d. Adjustments to Charges. The parties may agree to an annual adjustment of parking control enforcement charges (not to exceed 2%) at the end of the first year of the agreement and every year thereafter, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to parking control enforcement charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area. e. Extra Work. No new work of any kind shall be considered as extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. 3. TERM This Agreement shall commence on 1, 2012 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below. So long as the City is not in default of this Agreement, the City retains an option to extend the term of this Agreement for three (3) additional two-year periods, for a maximum term of eight (8) years. Said option shall be exercised in writing at least thirty (30) days prior to the end of the initial term. Notwithstanding the above, in the event the City Council does not allocate funding for parking control services during the annual budget approval process, the City shall notify Contractor of such occurrence in writing at least thirty (30) days prior to the end of the current fiscal period, and this Agreement shall terminate on the last day of current fiscal period without penalty or expense to the City. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 25F-7