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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. 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 />benefits of, or be otherwise subjected to discrimination under this Agreement. <br />Page 6of15