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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 ($ ) for <br />CONTRACTOR'S performance in accordance with the payment schedule attached hereto as "Exhibit <br />E" during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted <br />by CONTRACTOR as provided hereinabove. <br />B. CITY agrees to provide for on -site monitoring reviews of said program <br />operation at least twice annually. In addition, monthly desk -top reviews of pertinent information will <br />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 January 16, 2012, and all duties arising under this <br />Agreement shall have been performed by . The term of this Agreement may be extended <br />by a writing executed by the Deputy City Manager for Development Services and 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 City <br />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 />V. <br />WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS <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 />B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees <br />or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard <br />does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any <br />20A -118 <br />Page 5 of 15 <br />