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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 2. INDEPENDENT CONTRACTOR <br /> <br /> CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of <br /> CITY and all of CONSULTANT'S personnel shall be employees of CONSULTANT and not employees of <br /> the CITY. CONSULTANT shall pay all salaries and wages, employer's Social Security taxes, <br /> unemployment insurance and wages, and similar taxes relating to employees and shall be responsible for all <br /> applicable withholding taxes. <br /> <br /> <br /> CONSULTANT shall not subcontract any of the services required hereunder without the prior written <br /> approval of the CITY. <br /> <br /> 3. SCOPE OF SERVICES <br /> <br /> For and in consideration of the hereinafter stated payment by CITY to CONSULTANT, <br /> CONSULTANT agrees to perform, at its own cost and expense except for the compensation specified in this <br /> Agreement, the services specified in the scope of work attached hereto and incorporated herein as Exhibit A <br /> to this Agreement. <br /> <br /> 4. CONSULTANT OBLIGATIONS <br /> <br /> A. CONSULTANT agrees to maintain such records and submit such reports, data and <br /> information, on the form and containing such information, at such times as CITY may request or require <br /> regarding the performance of CONSULTANT'S services or activities, costs or other data, including but not <br /> limited to, participants' attendance, payroll records and job duty statements. <br /> <br /> B. CITY, the State of California and the United States government and/or their <br /> representatives shall have access for purposes of monitoring, auditing and examining of CONSULTANT'S <br /> activities, performance, books, documents, papers, and records of CONSULTANT, subcontractors, <br /> bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or <br /> representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also <br /> include, but are not limited to, questioning employees and participants and entering any premises or onto any <br /> site in which any of the services or activities funded hereunder are conducted or in which any of the records <br /> of CONSULTANT are kept. Nothing herein shall be construed to require access to any privileged or <br /> confidential information as set forth in federal or state law. <br /> <br /> In the event CONSULTANT does not make the above-referenced documents available within <br /> the City of Santa Ana, California, CONSULTANT agrees to pay all necessary and reasonable expenses <br /> incurred by CITY in conducting any audit at the location where said records and books of account are <br /> maintained. <br /> <br /> All accounting records and evidence pertaining to all costs of CONSULTANT and all <br /> documents related to this Agreement shall be kept available at CONSULTANT'S office or place of business <br /> for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records <br /> which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance <br /> <br /> <br /> 2 <br />