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not limited to: disclosure of information and compliance with earnings assigmnent orders, as provided <br />in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Fainfly Code: and. to <br />the best of its knowledge is fully complying with the earim"s assignment orders of all employees and <br />is providing the names of all new employees to the New Ermployee Registry maintained by the <br />California Employment Development Department (EDD). <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 />II. <br />CITY'S OBLIGATIONS <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 seven thousand dollars <br />(S 107,000) for CONTRACTOR'S performance in accordance with the payment schedule attached <br />hereto as "Exhibit F" during the period of this Agreement. Said sum shall be paid after CITY receives <br />invoices submitted by CONTRACTOR as provided heremabove. <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 revie«�s of pertinent <br />information will be conducted. <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 />III. <br />TIME PERIOD OF AGREEMENT <br />This Agreement shall commence on August 18. 2008 and all duties arising under this <br />Agreement shall have been perfonned by June 30. 2009 . 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 />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 <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 />Page 5 of 14 <br />