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to carry out services as specified herein with the intent that this subcontractor(s) shall be on -site at the SAFJC between 30 — 40 hours per week staffing the SAFJC Monday through Friday. 2. COMPENSATION a. City agrees to compensate Consultant for services provided to the City since the expiration of Agreement #A-2020-110 on December 31, 2021 through June 30, 2022 consistent with the rates detailed in Agreement #A-2020-110. b. Beginning July 1, 2022, City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges provided in Exhibit B. c. The maximum amount to be paid during the initial term of this Agreement shall not exceed $331,633. This amount includes costs under Section 2.a., above, and compensation for set -vices per the rates and charges provided in Exhibit B. d. This amount, above, does not include additional compensation for services provided should the parties exercise the extension terms provided under Section 3, below. Additional compensation is subject to approval by the City Council for the City of Santa Ana. e. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. YYD1.7u1 This Agreement shall commence on July 1, 2022 and continue for a three (3) year period until June 30, 2025, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Consultant, and any employees, subcontractors or substitutes 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 Consultant performs the set -vices which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. Page 2 of 10