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EXHIBIT 1 <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 />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 ma:zner in which Consultant perionns the <br />services which ure. the subject matter of this Agreement; however, the services to be provided by <br />Consultant shall he provided in a manner consistent with all applicable standards and regulations <br />governing such services. Consultant shall pay all salaries find wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employeeg and shall be responsible for all <br />applicable withholding taxes. <br />V. <br />WORKER'S COMPENSATION AND EMPLOYER'S RIGIITS <br />A. SUBRECTPIENI' shrill use appropriate funds received from CITY to provide <br />workers' compensation to all those hired by SUBRF..C.II'IENT under this Agreement. <br />B. S1:7BRECT EINT shall have the right to hire, dismiss, or promote its employees <br />or contract personncl hired under this A2reorient so long as its luring or dismissal policy or standard <br />does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1918, or any <br />other applicable law, and SUBR:ECIPIENT maintains itself as an Equal Opportunity employer. <br />VI. <br />APPLICABLE GUIDELINES <br />A. The parties hereto agree that SUBRF..CIPIENt shall comply with all applicable <br />federal and state laws and regulations, including, but not limited to the Performance Indicators <br />(Exhibit D) and general program requirements described in Sections 2 and 116 of the Act, and <br />applicable regndations, and the U.S. Department of Labor guidelines and regulations, including <br />amendments or revisions made during the terns of this Agreement. Said applicable laws are hereby <br />incorporated by reference and made part of this Agreement as though frilly set forth herein. <br />B. SUBRECIPIENI' also assures and certifies that: <br />1. SGBRECIPIENT acknowledges and confirms that the U.S. Department <br />of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are <br />in education -''training activities, or in unsubsidized employment during the 21 quarter after exit; (b) <br />Percent of Participants who are in education/training, or in unsubsidimol employment during the 4`h <br />quarter after exit; (c) the median earnings of Participants in umabsidixed employment during the 2"' <br />quarter after exit: (d) Percent of Participants who obtain recognized postsecondary credential or <br />secondary diploma during participation or within 1 year after exit: (e) Percent of Participants who, <br />during the program, are in education or training that leads to a recognized postsecondary czedential or <br />wxtployment and who are achieving measurable skill gains; and, (t) effective in serving employers, <br />2 5A-1 2 Page 7 of t? <br />