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2. INDEPENDENT CONTRACTOR <br /> <br /> CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of <br />CITy and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of <br />the CITY. CONSULTANT shall pay ail salaries and wages, employer's Social Security taxes, <br />unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br /> <br /> CONSULTANT shall not subcontract any of the services required hereunder without the prior written <br />approval of the CITY. <br /> <br />3. SCOPE OF SERVICES <br /> <br /> For and in consideration of the hereinafter stated payment by CITY to CONSULTANT, <br />CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this <br />Agreement, the services specified in the scope nf work attached hereto and incorPorated herein as Exhibit A <br />to this Agreement. <br /> <br />4. CONSULTANT OBLIGATIONS <br /> <br /> A. CONSULTANT agrees to maintain such records and submit such reports, data and <br />information, on the form and containing such information, at such times as CITY may request or require <br />regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not <br />limited to, participants' attendance, payroll records and job duty statements. <br /> <br /> B. CITY, the State of California and the United States government and/or their <br />representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S <br />activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors, <br />bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or <br />representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also <br />include, but are not limited to, questioning employees and participants and entering any premises or onto any <br />site in which any of the services or activities funded hereunder are conducted or in which any of the records <br />of CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or <br />confidential information as set forth in federal or state law. <br /> <br /> In the event CONSULTANT does not make the above-referenced documents available within <br />the City of Santa Aha, California, CONSULTANT agrees to pay all necessary and reasonable expenses <br />incurred by CITY in conducting any audit at the location where said records and books of account are <br />maintained. <br /> <br /> All accounting records and evidence pertaining to all costs of CONSULTANT and all <br />documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business <br />for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records <br />which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance <br />of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the <br /> <br /> <br />