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EXHIBIT 1 <br /> use in other projects (See OMB Circular A-129 and 2 CFR §200.345); <br /> 4. SUBRECIPIENT must account for any real and personal property <br /> acquired with Federal funds or received from the Federal government in accordance with 2 CFR <br /> §§200.310-200.316 and 2 CFR 200.329; and, <br /> 5. The CITY should complete all closeout actions for the Federal award no <br /> later than one year after receipt and acceptance of all required final reports. <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 City <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. SUBRECIPIENT shall use appropriate funds received from CITY to provide <br /> workers' compensation to all those hired by SUBRECIPIENT under this Agreement. <br /> B. SUBRECIPIENT 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 SUBRECIPIENT maintains itself as an Equal Opportunity employer. <br /> VI. <br /> APPLICABLE GUIDELINES <br /> A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable <br /> federal and state laws and regulations, including, but not limited to the Performance Indicators <br /> (Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and <br /> applicable regulations, and the U.S. Department of Labor guidelines and regulations, including <br /> amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby <br /> incorporated by reference and made part of this Agreement as though fully set forth herein. <br /> B. SUBRECIPIENT also assures and certifies that: <br /> 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department <br /> of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are <br /> in education/training activities, or in unsubsidized employment during the 2nd quarter after exit; (b) <br /> Percent of Participants who are in education/training, or in unsubsidized employment during the 4�" <br /> Page 7 of 18 <br />