SEGERSTROM CENTER FOR THE ARTS (STUDIO D PROGRAMMING)

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d. Provider will not attend class or teach a class if Provider or any member of Provider's household has been asked to quarantine or self -isolate due to symptoms of COVID-19 or a positive test result for COVID-19. e. Provider acknowledges that, to the extent that City is able to and chooses to conduct classes indoors, this Agreement will also cover classes conducted at any of City's facilities during the term of this Agreement. f. City reserves the right to change the location(s) at which the services contemplated by this Agreement are provided. COMPENSATION a. In consideration for the provision of the programs set forth in Exhibit A, City agrees to pay, and Provider agrees to accept as total payment for their services for the City, the rates and charges identified in Exhibit A. Total revenue to Provider shall not exceed Five Thousand, One Hundred Fifteen Dollars and Zero Cents ($5,115). This amount comprises (1) a base sum of $4,650 and (2) a ten percent (10%) contingency of $465 for any additional services as requested in the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following completion of the last class of each series taught by Provider, subject to City accounting procedures. City and Provider agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Provider agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Provider's account(s) with financial institutions. c. 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. 'J►1/ This Agreement shall commence on January 16, 2024 and expire on June 30. 2024 unless terminated earlier in accordance with Section 14 below. 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider 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 Page 2 of 10