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under this Agreement. Contractor shall be paid only for actual services performed <br />under this Agreement at the rates and charges identified in Exhibit A. The total <br />amount to be expended under this Agreement shall not exceed Five Thousand <br />Dollars and 00/100 ($5,000) <br />b. Payment by City shall be made within forty-five (45) days of Event following <br />receipt of proper invoice evidencing work performed, subject to City accounting <br />procedures. City and Contractor agree that all payments due and owing under this <br />Agreement shall be made through Automated Clearing House (ACH) transfers. <br />Contractor agrees to execute the City's standard ACH Vendor Payment <br />Authorization and provide required documentation. Upon verification of the data <br />provided, the City will be authorized to deposit payments directly into Contractor's <br />account(s) with financial institutions. <br />C. Payment need not be made for work that fails to meet the standards of performance <br />set forth in the Recitals and Scope of Work, which may reasonably be expected by <br />City. <br />3. TERM <br />This Agreement shall commence on July 1, 2024, and terminate on June 30, 2025, unless <br />terminated earlier in accordance with Section 17, 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 />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Contractor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Contractor shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />Page 2 of 10 <br />