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S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and <br />the federal regulations, including but not limited to the regulations found at 20 CFR part 629. <br />II. <br />CITY'S OBLIGATIONS <br />A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds <br />are received under the provisions of the Act a sum not to exceed One Hundred Twenty -Seven <br />Thousand and Six Hundred Seventy -One Dollars ($127,671) for CONTRACTOR'S performance in <br />accordance with the payment schedule attached hereto as "Exhibit G" during the period of this <br />Agreement. Said sum shall be paid after CITY receives invoices submitted by CONTRACTOR as <br />provided hereinabove. <br />B. CITY agrees to provide for on -site monitoring reviews of said <br />program operation at least twice annually. In addition, monthly desk -top reviews of pertinent <br />information will be conducted. <br />C. CITY has the right to de -obligate the funds hereunder and take such funding <br />back from CONTRACTOR due to any of the following reasons: (a) lack of performance by <br />CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available <br />funding. <br />III. <br />TIME PERIOD OF AGREEMENT <br />This Agreement shall commence on October 1, 2003 and all duties arising under this <br />Agreement shall have been performed by June 30, 2004. The term of this Agreement may be <br />extended by a writing executed by the Executive Director of the Community Development Agency and <br />the City Attorney. <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 shall it be <br />construed to create an employer -employee relationship, a joint venture relationship, or to allow the <br />City to exercise discretion or control over the professional manner in which Consultant performs the <br />services which are the subject matter of this Agreement; however, the services to be provided by <br />Consultant shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />Page 5 of 15 <br />