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25E - AGMT - INSTRUCTIONAL SRVS
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25E - AGMT - INSTRUCTIONAL SRVS
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8/29/2013 5:12:35 PM
Creation date
8/29/2013 4:58:31 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25E
Date
9/3/2013
Destruction Year
2018
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<br /> <br /> <br /> <br /> <br /> <br /> 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 /> <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 $61,733.00 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 /> <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 /> <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 /> <br /> D. 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 /> <br /> III. <br /> TIME PERIOD OF AGREEMENT <br /> <br /> This Agreement shall commence as of the date first stated above, and all duties arising <br /> under this Agreement shall have been performed by June 30, 2014. The term of this Agreement may be <br /> extended by a writing executed by the Executive Director for the Community Development Agency <br /> and the City Attorney. <br /> IV. <br /> INDEPENDENT CONTRACTOR <br /> <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 /> 25E-7 <br /> Page 5 of 15 <br />
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