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not exceed $800,790.00, annually, plus a ten percent (10%) contingency for unanticipated services required <br />during the each annual period of this Agreement. <br />b. Invoices. Contractor shall submit a monthly invoice by the 15th of the month to the City for the <br />services rendered in the prior month. All invoices for work performed under this contract shall be submitted <br />electronically in a Microsoft Excel 2003 format or newer, or other format approved by the City Projects <br />Manager or designee. Each monthly invoice shall include the following information at a minimum: <br />i. Contractor's invoice number <br />ii. Beginning and ending dates of services <br />iii. City work order number (if applicable) <br />iv. Work site address/location (if applicable) <br />V. Unit cost, subtotals and total for invoice <br />vi. Curb miles swept authenticated by GPS reports and maps. <br />vii. GPS Route Maps (if requested by City) <br />c. The City will make every effort to make payment within thirty (30) days following receipt of <br />proper invoice. However, payment by City shall not be considered late until sixty (60) days following <br />receipt of proper invoice. Payment need not be made for work which fails to meet the standards of <br />performance of a professional street sweeping service. <br />d. Adjustments to Charges. The parties may agree to an annual adjustment of street sweeping <br />charges (not to exceed 2%) at the end of the first year of the agreement and every year thereafter, utilizing <br />the month of December statistics and supporting documentation. The two indices which will be used for <br />determining adjustments to street sweeping charges shall be the most recent December Consumer Price <br />Index (CPI) for All Urban Consumers for Los Angeles-Anaheim-Riverside CMSA, published by the United <br />States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area <br />and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be <br />weighted at ninety (90%) percent and PPI shall be weighted at ten (10%) percent. <br />e. Extra Work. No new work of any kind shall be considered an extra unless a separate estimate is <br />given for said work and the estimate is approved by the City in writing before the work is commenced. <br />Documentation of contract compliance may be required on some occasions. <br />4. TERM <br />This Agreement shall commence on 1, 2012 and terminate on June 30, 2020 unless <br />terminated earlier in accordance with Section 13, below. The City retains an option to extend the term of <br />this Agreement for one additional eight-year period. Said option shall be exercised in writing at least thirty <br />(30) days prior to the end of the initial term. Notwithstanding the above, in the event the City Council does <br />not allocate funding for street sweeping services during the annual budget approval process, the City shall <br />notify Contractor of such occurrence in writing at least thirty (30) days prior to the end of the current fiscal <br />period, and this Agreement shall terminate on the last day of current fiscal period without penalty or expense <br />to the City. <br />5. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br />25H-8