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1V <br />INDEPENDENT CONTRACTOR <br /> <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 manner in which Consultant performs the <br />services which are the subject matter of this Agreement; however, the services to be provided by <br />Consultant shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br /> <br /> V <br />WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS <br /> <br /> A. CONTRACTOR shall use appropriate funds received from CITY to provide <br />workers' compensation to all those hired by CONTRACTOR under this agreement. <br /> <br /> B. CONTRACTOR shall have the right to hire, dismiss, or promote its employees <br />or contract personnel hired under this agreement so long as its hiring or dismissal policy or standard <br />does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any <br />other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. <br /> <br /> VI <br />APPLICABLE GUIDELINES <br /> <br /> A. The parties hereto agree that CONTRACTOR shall comply with all applicable <br />federal and state laws and regulations, including, but not limited to the Performance Standards (Exhibit <br />G) and general program requirements and applicable regulations, and the U.S. Department of Labor <br />guidelines and regulations, inchiding amendments or revisions made during the terms of this <br />agreement. Said applicable laws are hereby incorporated by reference and made as part of this <br />agreement as though fully set forth herein. <br /> <br />B. CONTRACTOR also assures and certifies that: <br /> <br /> 1. CONTRACTOR shall comply with Title VII of the Civil Rights Act of <br />1964 (P.L. 83-354) and in accordance with Title VII of the Act, no person in the United States shall, on <br />the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation <br />in, be denied the benefits of, or be otherwise subjected to discrimination under this agreement. <br /> <br /> <br />