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<br />II. <br />CITY'S OBLIGATIONS <br /> <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 Two Hundred Twenty Seven <br />Thousand Five Hundred Dollars ($350,000.00) for CONTRACTOR'S performance in accordance with <br />the payment schedule attached hereto as "Exhibit En during the period of this Agreement. Said sum <br />shall be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. <br /> <br />B. CITY agrees to provide for on-site monitoring reviews of said program <br />operation at least twice armually. In addition, monthly desk-top reviews of pertinent information will <br />be conducted. <br /> <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 /> <br />III. <br />TIME PERIOD OF AGREEMENT <br /> <br />This Agreement shall commence on July 1, 2005 and all duties arising under this <br />Agreement shall have been performed by December 31, 2006. 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 /> <br />IV. <br />INDEPENDENT CONTRACTOR <br /> <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 it be <br />construed to create an employer-employee relationship, a joint venture relationship, or to allow the City <br />to exercise discretion or control over the professional marmer in which CONTRACTOR performs the <br />services which are the subject matter of this Agreement; however, the services to be provided by <br />CONTRACTOR shall be provided in a marmer consistent with all applicable standards and regulations <br />governing such services. CONTRACTOR shall pay all salaries and wages, employer's social security <br />taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br /> <br />V. <br />WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS <br /> <br />A. CONTRACTOR shall use appropriate funds received from CITY to provide <br />workers' compensation to all those hired by CONTRACTOR under this Agreement. <br /> <br />Page 8 of 18 <br />