2002-157 Ordinance - Laserfiche WebLink

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daily reports and cash register tapes, and as reflected by the verified number of enrolled participants who have paid fees for services, determine the amount of compensation due the Contractor. (d) Any and a11 of Contractor's commission, as earned and calculated pursuant to subsections (a) and (b) above, are subject to an offset in favor of the City in the evetrt that the Contractor is indebted to the City for rerrtal of ice time. If the Cornractor has any balance due on accourn of ice time rerned pursuarn to a sepazate agreement and for programs other than described herein, and such account balance is more than thirty (30) days past due, then any amount due the Contractor under this Section shall be reduced in the amount of such balance due the City or otherwise the paymerrts to the Contractor withheld until the ice time account balance is paid in full by the Cornractor. The Coirtractor may dispute the calculation of the amount due under subsection (c) or otherwise as a result of the offset provisions herein, by appealing to the Recreation Director in reference to the financial documentation described in subsection (c) and then further appeal, if necessary, to the Safety Director. The Contractor shall not compromise or waive any claim or appeal by disposition of any paymem tendered by the City. Section IV Duration of Contract The term of this Contract shall be for a period commencing on 7uly 1, 2002, and through September 1, 2003, subject, however, to prior termination as provided below. This CoYrtract may be renEwed, subject to approval of the City Council. Section V Contract Termination Events Notwithstanding anything in this Contract to the contraty, either the City of Contractor may ternunate this Contract, if good cause exists, upon providing sixty (60) days advance written notice to the other party. Either the City or Contractor may also terminate this Contract, upon thirty (30) days advance written notice to the other, in the eveirt that, during a term of this Cornract, Corttractor becomes permanexrtly disabled, as the term permanently disabled is defined below, and is unable to perform the personal services required of him under this Contract. Contractor shall be deemed to be permanently disabled if, during any year of the term of this Contract, because of ill health, physical or mental disability, he sha11 have been continuously unable or atherwise sha11 have failed to substantially perform his duties under this Contract for thirty (30) consecutive da.ys, or for a total of sixty (60) days during any year of a term of this Contract, whether consecutive or not. For the purposes of this Contract, the term "any year of a term of this Cornract" is defined to mean any period of 12 calendar months occurring dwing a term or terms of this Contract. In the evern of a valid and legal termination of this Cornract, all sums due and owing to Corrtractar, sha11 be accounted for by the City and paid to Contractor within thirty (30) days following the termination. 5 i