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<br />- <br /> <br />. <br />j 1 <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />and products, the rates and charges identified in Exhibit B. The total sum to be expended under <br />this Agreement shall not exceed $60,000.00 during the initial one-year term of this Agreement. <br />Thereafter, the total amount to be expended pursuant to this Agreement shall not exceed <br />$40,000, annually. <br /> <br />b. Contractor shall provide City with an itemized invoice or statement for the services <br />and products provided pursuant tot this Agreement. Said invoice shall provide an itemization <br />and total of the services/products provided and the price thereof. Contractor may submit one <br />invoice each month. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed and/or products provided, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. Invoices shall <br />be mailed to: <br /> <br />City of Santa Ana <br />Attn: Lynda Kelly <br />Information Services, M-12 <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br /> <br />c. City will validate parking during normal business hours for parking in the lot directly <br />south ofthe City Hall building (20 Civic Center Plaza) and for parking in the structure directly <br />east ofthe Santa Ana Police Facility (60 Civic Center Plaza) for access during visits necessary to <br />perform the required Scope of Services. Parking fees at any other location or time are the sole <br />responsibility of the Contractor. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on August 15, 2007 and terminate on August 15,2010, <br />unless terminated earlier in accordance with Section 12, below. The term ofthis Agreement may <br />be extended for two additional one-year terms, upon a writing executed by the Executive <br />Director of Finance and Development Services and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <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 <br />applicable standards and regulations governing such services. Contractor shall pay all salaries and <br /> <br />2 <br />