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the Provider's performance of the Services will be paid by the Provider and will not be <br />reimbursed by the City. <br />3. Coi r erf 07ta qji j2o, 5erryi es. The Provider will submit monthly reports at <br />the times and in the manner prescribed by the Contract Administrator (as defined below), <br />which requirements are subject to change in the Contract Administrator's sole discretion. <br />As compensation for the Provider's satisfactory performance of the Services, the City will <br />pay the Contract Amount in equal monthly installments (each a "Contract Installment"). <br />The City will not be required to pay any Contract Installment if the City is not satisfied <br />with the Provider's performance under this Agreement or any default or breach of this <br />Agreement by the Provider exists, as the City may determine in its sole discretion. The <br />sum of all Contract Installments will not exceed the Contract Amount. <br />4. 1 erniination rah" j reeinent. Effective immediately upon delivery of a <br />written termination notice to the Provider, the City may terminate this Agreement, in whole <br />or in part, for any reason, if the City determines that such termination is in the best interest <br />of the City. If the City Controller makes a written determination that funds are not <br />appropriated or are otherwise unavailable to support the continuation of this Agreement, it <br />shall be cancelled. A determination by the City Controller that funds are not appropriated <br />or are otherwise unavailable to support the continuation of performance shall be final and <br />conclusive. The City will not be required to pay any Contract Installment or be otherwise <br />liable for any cost associated with the Provider's performance of any Services after the <br />effective date of termination. <br />S. "atf 1'rr a uctL � i� The Provider will submit her work product to <br />the City in accordance with the terms of the Scope of Work. Any and all work product <br />submitted by the Provider to the City as part of the Provider's performance of the Services <br />will become the exclusive property of the City, and the City will have the right to use and <br />reproduce copies of the Provider's work product as the City determines in its sole discretion <br />without compensation to the Provider except the compensation expressly provided for in <br />this Agreement. <br />6. Re niedier,; ', r Breach ). Cc rra.cl. Failure to complete the Services in <br />accordance with this Agreement may be considered a material breach, and shall entitle the <br />City to impose sanctions against the Provider including, but not limited to, suspension of <br />all payments, and/or suspension of the Provider's involvement in the workforce program <br />management on behalf of the City. The Provider shall repay any portion of the Contract <br />Amount expended for matters not within the scope of the Services. <br />7 f acraten anc e oJ" &Tear s .rlcc es s� to Records. The Provider shall keep a <br />written record, in a form acceptable to the City, related to the use and expenditure of the <br />Contract Amount. Within thirty (30) days of the expiration or termination of this <br />Agreement, the Provider shall provide the City with a final accounting of the use and <br />disposition of the Contract Amount by the Provider. Unless otherwise authorized by the <br />City or required by law, such records shall be maintained by the Provider for a period of <br />four (4) years of the date of this Agreement. The Provider understands and agrees to <br />2 <br />