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performance by CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) <br />decrease in available funding. <br />III. <br />COMPENSATION <br />A. CITY neither warrants nor guarantees any minimum or maximum <br />compensation to CONTRACTOR under this Agreement. CONTRACTOR shall be paid only for <br />actual services performed under this Agreement at the rates and charges identified in Exhibit B. <br />Any compensation payable to CONTRACTOR shall be paid from a portion of the above - <br />referenced WIOA and/or SSA grants awarded to the City in a total amount not to exceed <br />$2,000,000.00. <br />B. Payment by City shall be made within thirty (30) days following receipt <br />of proper invoice evidencing work performed, subject to City accounting procedures. <br />IV. <br />TERM OF AGREEMENT <br />A. This Agreement shall commence on the date stated above and continue <br />through June 30, 2023, with a one-year option to renew executable by the CITY in its sole <br />discretion, unless terminated earlier by either party. The one-year option may be executed, or the <br />Term of this Agreement may be further extended, by a writing executed by the City Manager and <br />the City Attorney. <br />B. Unless the CITY authorizes an extension, CONTRACTOR must liquidate <br />all obligations incurred under the Federal award not later than ninety (90) calendar days after the <br />end date of the period of performance as specified in the terms and conditions of the Federal <br />award, as applicable. <br />IV. <br />INDEPENDENT CONTRACTOR <br />Consultant 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 <br />shall it be construed to create an employer -employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />V. <br />WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS <br />A. CONTRACTOR shall use appropriate funds received from CITY to <br />Page 7 of 17 <br />