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12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. <br />The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160- <br />19211). <br />U. CONTRACTOR agrees to provide priority of services for veterans and eligible <br />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 />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 $80,000 of WIA funds for <br />CONTRACTOR'S performance in accordance with the Budget attached hereto as "Exhibit G" during <br />the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by <br />CONTRACTOR as provided hereinabove. <br />B. The total amount of the Agreement with CONTRACTOR for the Program shall <br />not exceed $88,463. The CITY'S Public Library Fund account shall fund the gap amount of $8,463, as <br />further reflected in the Budget. <br />C. 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 />D. 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 />E. CITY has the right to de-obligate the funds hereunder and take such funding back <br />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 as of July 1't 2012, and all duties arising under this <br />Agreement shall have been performed by June 30, 2013. The term of this Agreement may be extended <br />by a writing executed by the Executive Director for the Community Development Agency and the City <br />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 />DOsa-12-1643 Page 5 of 15