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<br />Page 2 of 19 <br />willing to provide workforce training services under the Workforce Training Program pursuant to <br />applicable Federal and California laws. <br /> <br />H. The CITY and CONTRACTOR (each, a "Party" and jointly, the "Parties") <br />desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds <br />of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for <br />CONTRACTOR's participation in the CITY's WIOA and/or SSA Programs and provision of <br />services to Qualified Participants upon the request of the CITY. <br /> <br />WHEREFORE, for and in consideration of the respective and mutual covenants <br />and promises hereinafter contained and made, and subject to all the terms and conditions hereof, <br />the Parties hereto do hereby agree as follows: <br /> <br />I. <br />CONTRACTOR'S OBLIGATIONS <br /> <br />A. In compliance with all of the terms and conditions of this Agreement, <br />CONTRACTOR shall provide the CONTRACTOR's Services, as authorized by the CITY's <br />Representative. CONTRACTOR represents and warrants that CONTRACTOR's Services to be <br />provided hereunder shall be performed in a competent, professional and satisfactory manner in <br />accordance with the CITY's Workforce Training Program. <br /> <br />B. CONTRACTOR agrees to provide benefits to individuals who participate <br />in the activities and services funded by this Agreement ("Participants") in accordance with the <br />standards and requirements set forth in this Agreement. <br /> <br />C. CONTRACTOR acknowledges and agrees that CITY shall request that <br />CONTRACTOR provide the CONTRACTOR's Services on an "as requested" basis and that CITY <br />does not guaranty a minimum number of Qualified Participants for whom CONTRACTOR's <br />Services shall be requested and required under this Agreement. CONTRACTOR acknowledges <br />and agrees that CONTRACTOR shall not commence to provide CONTRACTOR's Services to a <br />particular Qualified Participant hereunder unless and until CONTRACTOR receives a Notice to <br />Proceed from the CITY authorizing the provision of CONTRACTOR's Services to that particular <br />Qualified Participant. CONTRACTOR further acknowledges and agrees that this Agreement and <br />any request for the provision of services hereunder is nonexclusive and that the CITY may enter <br />into similar agreements with other entities for the provision of similar services. <br /> <br />D. Time is of the essence in the performance of this Agreement. CONTRACTOR <br />shall perform and complete all of CONTRACTOR's Services in a timely and expeditious manner. <br />CONTRACTOR shall not be responsible for delays caused by circumstances beyond its reasonable <br />control, provided that CONTRACTOR has delivered to the CITY written notice of the cause of <br />any such delay within ten (10) days of the occurrence of such cause. <br /> <br />E. Scope of Services. On an as-needed basis, and at the sole discretion of CITY, <br />CONTRACTOR shall perform the services that are described in Exhibit A. The Scope of Services <br />shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by <br />this reference as though fully set forth herein. In the event of any inconsistency between the terms <br />EXHIBIT 2