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spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans <br />and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act <br />published at 73 Fed.Reg. 78132 on December 19, 2008. <br />U. CONTRACTOR agrees that any equipment or software purchase must be pre - <br />approved in writing by the CITY. Any equipment purchased with the funding hereunder shall remain <br />the property of the City of Santa Ana upon termination of this Agreement. <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 Sixty Seven Thousand Five Hundred <br />Seventy Three Dollars ($67,573) for CONTRACTOR'S performance in accordance with the payment <br />schedule attached hereto as "Exhibit E" during the period of this Agreement. Said sum shall be paid <br />after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. <br />B. CONTRACTOR has the ability to adjust line item amounts in the budget with <br />the approval of the Executive Director, so long as the total Budget amount does not increase. <br />C. 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 />D. 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 />The term of this Agreement shall commence on December 1, 2011, and all duties <br />arising under this Agreement shall have been performed by November 30, 2013. The term of this <br />Agreement may be extended by a writing executed by the City Manager 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 />Page 5 of 15 <br />