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<br />• Delhi Park, 2314 S. Halladay St. <br />• Bowers Museum south parking lot, 1910 N. Main St. <br />• Santiago Park, 2535 N. Main St. <br />2.COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in either quote “QT028167” or quote “QT028169” <br />attached hereto as Exhibit C and Exhibit D, respectively, and in accordance with <br />Section 2-7.1 of the Greenbook: Standard Specifications for Public Works <br />Construction. Costs are contingent upon confirmation of the final location, as detailed <br />in Section 1.b and c, above. The total amount to be expended during the term of this <br />Agreement shall not exceed the amount of $1,668,098.71. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. City and <br />Contractor agree that all payments due and owing under this Agreement shall be made <br />through Automated Clearing House (ACH) transfers. Contractor agrees to execute the <br />City’s standard ACH Vendor Payment Authorization and provide required <br />documentation. Upon verification of the data provided, the City will be authorized to <br />deposit payments directly into Contractor’s account(s) with financial institutions. <br />Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br />3.TERM <br />This Agreement shall commence on the date first written above for a one (1) year term <br />with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the <br />City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, <br />below. <br />4.PREVAILING WAGES <br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq., <br />and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., <br />(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the <br />performance of other requirements on “public works” and “maintenance” projects. If the services <br />being performed are part of an applicable “public works” or “maintenance” project, as defined by <br />the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to <br />fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the <br />City, its elected officials, officers, employees and agents free and harmless from any claim or <br />liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. <br />5.INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />Page 2 of 12