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This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved. <br /> IV. <br /> INDEPENDENT CONTRACTOR <br /> Consultant shall, during the entire term of this Agreement, be construed to be an <br /> <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 /> <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 /> 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 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 /> 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 acknowledges and confirms that the U.S. Department <br /> of Labor has established three (3) common measures for youth: (a) Placement in employment or <br /> education; (b) Attainment of degree or certificate; and, (c) Literacy or numeracy gains. With regard to <br /> the Summer Youth Program, the only measure is "Work Readiness". Pending WIA reauthorization <br /> and or U.S. Department of Labor and EDD updates, CONTRACTOR agrees to implement and shall <br /> meet any additional performance measures that may be subsequently required by the Workforce <br /> Investment Act or by any other Federal, State, and local law. <br /> 2. 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 /> 2 5A- ~ 0 Page 6 of 15 <br /> <br />