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25B - AMERICAN REINVESTMENT AND RECOVERY ACT 2009 JOB TRAIN
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25B - AMERICAN REINVESTMENT AND RECOVERY ACT 2009 JOB TRAIN
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Last modified
1/3/2012 4:11:23 PM
Creation date
2/9/2010 8:45:26 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25B
Date
2/16/2010
Destruction Year
2015
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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 /> 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 <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 /> 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, the Recovery Act and the U.S. Department of <br /> Labor guidelines and regulations, including 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 /> 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 <br /> race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied <br /> the 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 /> 3. CONTRACTOR shall comply with the requirements that no program <br /> under the Act shall involve political activities. <br /> 4. RECORD INSPECTION. CONTRACTOR shall provide the U.S. <br /> Department of Labor and the Controller General, by and through any authorized representative, as well <br /> as the WIB Administrative Office, access to and the right to examine all records, books, papers or <br /> documents relating to the accounting and use ocf funds under this Agreement for athree-year period <br /> 25B-8 Page 6 of 15 <br /> <br />
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