Laserfiche WebLink
shall be retained beyond the three (3) years until resolution of disposition of such appeals, <br />litigation, claims, or exceptions. <br />12. Government Funding. This Agreement is valid and enforceable only if sufficient funds <br />are made available to the State by the United States Government for the same Fiscal Year <br />as for this Program. In addition, this Agreement is subject to any additional restrictions, <br />limitations, or conditions enacted by Congress or any statute enacted by Congress which <br />may affect the provision, terms or funding of this Agreement in any manner. <br />13. Payment Cap. City's OJT payments to EMPLOYER shall not exceed a maximum of <br />fifty percent (50 %) of the wages paid by EMPLOYER during the training period <br />specified in Exhibit A. <br />14. Amendment of Agreement. No alteration or variation of the terms of this Agreement <br />shall be valid and /or binding unless made in writing and signed by both parties. There <br />are no oral understandings or agreements between the parties. <br />15. Breach/Sanctions. If, through any cause, EMPLOYER violates any of the terms and <br />conditions of this Agreement, or if EMPLOYER reports inaccurately or if any Audit <br />Report makes disallowances, EMPLOYER shall promptly remedy its acts or omissions <br />and/or repay CITY all amounts due CITY as a result of EMPLOYER's violation. For any <br />such failures or violations, CITY shall also have the right at its sole discretion to either: <br />(1) discontinue program support until such time as EMPLOYER fulfills its obligations or <br />remedies all violations of this agreement or prior agreements; and /or (2) collect <br />outstanding amounts as determined by CITY due CITY by offsetting or debiting from <br />current claims or invoices, if after thirty (30) days' written notice EMPLOYER has failed <br />to repay same or a repayment schedule has not been made; and /or (3) terminate this <br />Agreement by giving written notice to EMPLOYER of such termination in accordance <br />the notice provision in Paragraph XVIII herein below. <br />16. Termination. Either party may terminate this Agreement upon thirty (30) days prior <br />written notice to the other party. However, the CITY may immediately terminate this <br />Agreement at such time as funds are not made available to CITY through the United <br />States Department of Labor or the State of California Employment Development <br />Department for the purpose of carrying out this Agreement. <br />17. Independent Contractor. The EMPLOYER, and any agents and employees of the <br />EMPLOYER, in the performance of this Agreement, shall act in an independent capacity <br />as independent contractors and not as officers, employees, or agents of the CITY. This <br />Agreement is not intended nor shall it be construed to create an employer - employee <br />relationship between EMPLOYER and CITY, nor a joint venture relationship. The <br />EMPLOYER shall not subcontract in the name of the CITY. <br />18. Equal Employment Opportunities. The EMPLOYER warrants that it will comply with <br />Title VI of the Civil Rights Act of 1964, and the requirements relating to equal <br />employment opportunities set forth in Executive Order No. 11246, as amended by E. 0. <br />5 <br />