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2. COMPENSATION <br /> a, City does not guarantee any minimum compensation to Performer under this <br /> Agreement. Performer shall be paid only for actual services performed under this <br /> Agreement at the rates and charges mutually agreed upon by the Parties. Upon the <br /> written confirmation of a scheduled event, as provided for in Section la, above, City <br /> agrees to pay,and Performer agrees to accept as total payment for its scheduled services <br /> for City,the rates and charges agreed upon,in writing,by receipt of an invoice or quote <br /> from the Performer similar to Invoice #E1.054 — Exhibit C, attached hereto and <br /> incorporated by reference.The total amount to be expended under this Agreement shall <br /> not exceed Twenty Thousand Dollars and Zero Cents ($20,000). <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 /> Performer agree that all payments due and owing under this Agreement shall be made <br /> through Automated Clearing House(ACH) transfers. Performer 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 Performer's-account(s)with financial institutions. <br /> c. Payment need-not be made for work which fails to meet the standards of performance <br /> set forth in the Recitals and Scope of Work,which may reasonably be expected by City. <br /> 3. TERM <br /> This Agreement shall commence on July 1, 2026 and terminate on June 30, 2027, unless <br /> terminated earlier in accordance with Section 16,below. <br /> 4. PREVAILING WAGES <br /> Performer is aware of the requirements of California Labor Code Section 1720,et seq.,and <br /> 1770, et sect., 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 f <br /> the Prevailing Wage Laws,and the total compensationis$1,000 or more,Performer agrees to fully <br /> comply with such Prevailing Wage Laws.Performer shall defend,indemnify and hold the City,its <br /> elected officials, officers, employees and agents free and harmless from any claim or liability <br /> arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ` <br /> 5. INDEPENDENT PERFOR.tI�fER <br /> Performer shall, during the entire term of this Agreement, be construed to be an <br /> independent Performer 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 Performer <br /> Page 2 of 8 <br /> #2185178vi <br />