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Payment need not be made, or shall be refunded, for work that fails to meet the <br />standards of performance set forth in the Recitals, which may reasonably be <br />expected by City. <br />C. The compensation required pursuant to this Agreement will be paid by City to <br />Contractor from multiple federal, state, and local funding sources (each <br />individually a "Funding Source" and cumulatively the "Funding Sources"), <br />including, but not limited to, the following: <br />i. HHAP <br />I ARPA <br />Contractor will be required to enter into a separate funding agreement for each <br />Funding Source. Contractor will be required to comply with all requirements of <br />each Funding Source, as detailed in the separate funding agreements. The total <br />amount of compensation in said funding agreements shall count toward the total <br />amount due and owing from City to Contractor under this Agreement, not <br />compensation in addition to the total amount of this Agreement. If Contractor does <br />not execute any of the separate funding agreements, Contractor will forfeit that <br />amount of funding from that Funding Source, and City will have the option to <br />terminate this Agreement pursuant to the terms of Section 15, below. Additionally, <br />in the event any Funding Source is reduced by 25% or more, City will have the <br />option to terminate this Agreement pursuant to the terms of Section 15, below. <br />3. TERM <br />This Agreement shall commence on November 1, 2021, and continue through June 30, <br />2022, unless terminated earlier in accordance with Section 15 below. The term of this Agreement <br />may be extended upon a writing executed by the City Manager and City Attorney. <br />4. 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 />5. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />