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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 Contractor's website <br />(https://www.ocfunevents.com) as it may be amended from time to time, upon <br />mutual agreement in a signed writing, between the Executive Director, or their <br />designee, and the Contractor. The total amount to be expended under this <br />Agreement shall not exceed Twenty Five Thousand Dollars and Zero Cents <br />($25,000). <br />b. City shall pay Contractor the full amount of $2,123 for June 27, 2023 Summer <br />Splash Day Camp event within forty-five (45) days after the event, subject to City <br />accounting procedures. <br />C. Balance of invoiced amount for each specific event shall be processed within forty- <br />five (45) days following receipt of proper invoice evidencing work performed, <br />subject to City accounting procedures. <br />d. 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 June 27, 2023 and terminate on June 30, 2024, 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 goveming such services. Contractor shall pay all salaries and wages, employer's social <br />Page 2 of 10 <br />