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the rates and charges set forth in Contractor's proposal, attached hereto as Exhibit C and <br />incorporated by reference. The amount to be expended for services shall not exceed One Million, <br />One Hundred Seventy-Four Thousand, Nine Hundred Twenty-Six and 06/100 Dollars <br />($1,174,926.06), plus a ten percent contingency for unanticipated work required during the 18 <br />month term of this agreement. <br />b. Invoices. <br />1. The contractor shall submit a monthly invoice by the fifteenth of the month to the <br />City for the services rendered in the prior month. <br />2. All invoices for work performed under this contract shall be submitted in a <br />format approved by the City. Invoices shall include the following information at <br />a minimum: <br />i. Contractor's invoice number <br />ii. Beginning and ending dates for services <br />iii. City project number and/or name (if applicable) <br />iv. Work site address/location (if applicable) <br />v. Unit cost, subtotals and total for invoice <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 which fails <br />to meet the standards of performance of a professional parking control enforcement services. <br />d. Extra Work. No new work of any kind shall be considered an extra unless a separate <br />estimate is given for said work and the estimate is approved by the City in writing before the <br />work is commenced. The contractor will be required to provide detailed information of such <br />extra work. Documentation of contract compliance may be required on some occasions. <br />Work performed prior to obtaining written approval of the City shall not be included within <br />the Scope of Work and may not be paid. <br />4. TERM <br />This Agreement shall commence on August 1, 2013 and terminate on January 31, 2015, <br />unless terminated earlier in accordance with Section 13, below. The City may terminate this <br />Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any <br />fiscal year covered herein. This Agreement may be renewed for up to four additional one-year <br />terms on the mutual agreement of the parties. <br />5. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Contractor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Contractor shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Contractor shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />2 <br />25A-6