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A-2005-238
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Last modified
3/14/2017 11:48:48 AM
Creation date
12/21/2005 12:16:15 PM
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Contracts
Company Name
Santa Ana Unified School District
Contract #
A-2005-238
Agency
Community Development
Council Approval Date
10/30/2005
Expiration Date
6/30/2006
Destruction Year
2016
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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 anemployer-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 similaz taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. <br />V. <br />WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS <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 />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 standazd <br />does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standazds Act of 1938, or any <br />other applicable law, and CONTRACTOR maintains itself as an Equal Opportunity employer. <br />VI. <br />APPLICABLE GUIDELINES <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 <br />(Exhibit B) and general program requirements described in Sections 106 and 141 of the Act (29 USC <br />Sections 1516 and 1551) and applicable regulations, and the U.S. Department of Labor guidelines and <br />regulations, including amendments or revisions made during the terms of this Agreement. Said <br />applicable laws are hereby incorporated by reference and made as part of this Agreement as though <br />fully set forth herein. <br />B. CONTRACTOR also assures and certifies that: <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 shall, on the grounds of race, <br />color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the <br />benefits of, or be otherwise subjected to discrimination under this Agreement. <br />2. CONTRACTOR shall comply with any and all federal laws limiting the <br />political activity of employees hired under this Agreement. <br />Page 6 of 15 <br />
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