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H. The CITY and CONTRACTOR (each, a "Party" and jointly, the "Parties") <br />desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds <br />of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for <br />Contractor's participation in the City's WIOA and/or SSA Programs and provision of services to <br />Qualified Participants upon the request of the City. <br />WHEREFORE, for and in consideration of the respective and mutual covenants <br />and promises hereinafter contained and made, and subject to all the terms and conditions hereof, <br />the parties hereto do hereby agree as follows: <br />I. <br />CONTRACTOR'S OBLIGATIONS <br />A. In compliance with all of the terms and conditions of this Agreement, <br />CONTRACTOR shall provide the Contractor's Services, as authorized by the City's <br />Representative. Contractor represents and warrants that Contractor's Services to be provided <br />hereunder shall be performed in a competent, professional and satisfactory manner in accordance <br />with the City's Workforce Training Program. <br />B. CONTRACTOR agrees to provide benefits to individuals who participate <br />in the activities and services funded by this Agreement ("Participants") in accordance with the <br />standards and requirements set forth in this Agreement. <br />C. CONTRACTOR acknowledges and agrees that City shall request that <br />Contractor provide the Contractor's Services on an "as requested" basis and that City does not <br />guaranty a minimum number of Qualified Participants for whom Contractor's Services shall be <br />requested and required under this Agreement. Contractor acknowledges and agrees that Contractor <br />shall not commence to provide Contractor's Services to a particular Qualified Participant hereunder <br />unless and until Contractor receives a Notice to Proceed from the City authorizing the provision <br />of Contractor's Services to that particular Qualified Participant. Contractor further acknowledges <br />and agrees that this Agreement and any request for the provision of services hereunder is <br />nonexclusive and that the City may enter into similar agreements with other entities for the <br />provision of similar services. <br />D. Time is of the essence in the performance of this Agreement. CONTRACTOR <br />shall perform and complete all of CONTRACTOR's Services in a timely and expeditious manner. <br />Contractor shall not be responsible for delays caused by circumstances beyond its reasonable <br />control, provided that CONTRACTOR has delivered to the City written notice of the cause of any <br />such delay within ten (10) days of the occurrence of such cause. <br />E. Scone of Services. On an as -needed basis, and at the sole discretion of CITY, <br />CONTRACTOR shall perform the services that are described in Exhibit A. The Scope of Services <br />shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by <br />this reference as though fully set forth herein. In the event of any inconsistency between the terms <br />of such proposal and this Agreement, the terms of this Agreement shall govern. When the need <br />for services arise, CITY may initiate services through use of a Letter Agreement for a specific <br />Page 2 of 17 <br />