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<br />in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to <br />the best of its knowledge is fully complying with the earnings assignment orders of all employees and <br />is providing the names of all new employees to the New Employee Registry maintained by the <br />California Employment Development Department (EDD). <br /> <br />S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and <br />the federal regulations. including but not limited to the regulations found at 20 CFR part 629. <br /> <br />II. <br />CITY'S OBLIGATIONS <br /> <br />A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds <br />are received under the provisions of the Act a sum not to exceed one hundred thirteen thousand. one <br />hundred thirtv-six dollars ($] 13,136) for CONTRACTOR'S performance in accordance with the <br />payment schedule attached hereto as "Exhibit F" during the period of this Agreement. Said sum shall <br />be paid after CITY receives invoices submitted by CONTRACTOR as provided hereinabove. <br /> <br />B. CITY agrees to provide for on-site monitoring reviews of said <br />program operation at least twice annually. In addition, monthly desk-top reviews of pertinent <br />information will be conducted. <br /> <br />C. CITY has the right to de-obligate the funds hereunder and take such funding <br />back from CONTRACTOR due to any of the following reasons: (a) lack of performance by <br />CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available <br />funding. <br /> <br />III. <br />TIME PERIOD OF AGREEMENT <br /> <br />This Agreement shall commence on Julv L 2006 and all duties arising under this <br />Agreement shall have been performed by June 30. 2007 . The term of this Agreement may be <br />extended by a writing executed by the Executive Director of the Community Development Agency and <br />the City Attorney. <br /> <br />IV. <br />lliDEPENDENTCONTRACTOR <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 <br />City 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 />Page 5 of]4 <br />