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C. SUBRECIPIENT 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 annually. In addition, monthly deslc -top reviews of pertinent infonnation will be <br />conducted, <br />E. CITY has the right to de- obligate the funds hereunder, and take such funding <br />back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by <br />SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available <br />funding. <br />III. <br />TERM OF AGREEMENT <br />A. This Agreement shall commence on February 23, 2016, and all duties arising <br />tinder this Agreement shall have been performed by June 30, 2016. The Term of this Agreement may <br />be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT <br />acknowledges and agrees that it must provide follow -rip services for one (1) year after the Term, <br />whether funded or not. <br />B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 <br />CFR §200.343, including the following: <br />1. SUBRECIPIENT must submit, no later than ninety (90) calendar days <br />after the end date of the period of performance, all financial, performance, and other reports as required <br />by the terms and conditions of the Federal award; <br />2. Unless the CITY authorizes an extension, SUBRECIPIENT must <br />liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after <br />the end date of the period of performance as specified in the terns and conditions of the Federal award; <br />3. SUBRECIPIENT must promptly refund any balances of unobligated cash <br />that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for <br />use in other projects (See OMB Circular A -129 and 2 CFR §200.345); <br />4, SUBRECIPIENT must account for any real and personal property <br />acquired with Federal funds or received from the Federal government in accordance with 2 CFR <br />§ §200.310 - 200.316 and 200.329; and, <br />5. The CITY should complete all closeout actions for the Federal award no <br />later than one year after receipt and acceptance of all required final reports. <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 />SAC -16 -004 <br />Page 6 of 16 <br />