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services at the sole discretion of the City. b. Payment of deposit of half of invoiced amount for the Birch Summer Series, Five Thousand One Hundred Fifty Dollars and Zero Cents ($5,150.00), shall be processed upon execution of Agreement and receipt of invoice by City. C. Remaining balance for the Birch Summer Series of Five Thousand One Hundred Fifty Dollars and Zero Cents ($5,150.00) shall be paid prior to September 1, 2022. d. Payment of deposit of half of invoiced amount for the October Series, Five Thousand One Hundred Fifty Dollars and Zero Cents ($5,150.00), shall be paid by September 29, 2022. e. Remaining balance for the October Series of Five Thousand One Hundred Fifty Dollars and Zero Cents ($5,150.00) shall be paid prior to November 4, 2022. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 5, 2022 and terminate on December 31, 2022, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social Page 2 of 10