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1 2/09 <br />until such time as EMPLOYER fulfills its obligations or remedies all violations of this agreement <br />or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY <br />by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice <br />EMPLOYER has failed to repay same or a repayment schedule has not been made; and/or (3) <br />terminate this Agreement by giving written notice to EMPLOYER of such termination in <br />accordance the notice provision in Paragraph XVIII herein below. <br />16. Termination. Either party may terminate this Agreement upon thirty (30) days prior written <br />notice to the other party. However, the CITY may immediately terminate this Agreement at <br />such time as funds are not made available to CITY through the United States Department of <br />Labor or the State of California Employment Development Department for the purpose of <br />carrying out this Agreement. <br />17. Independent Contractor. The EMPLOYER, and any agents and employees of the <br />EMPLOYER, in the performance of this Agreement, shall act in an independent capacity as <br />independent contractors and not as officers, employees, or agents of the CITY. This <br />Agreement is not intended nor shall it be construed to create an employer-employee <br />relationship between EMPLOYER and CITY, nor a joint venture relationship. The EMPLOYER <br />shall not subcontract in the name of the CITY. <br />18. Equal Employment Opt?ortunities. The EMPLOYER warrants that it will comply with Title VI of <br />the Civil Rights Act of 1964, and the requirements relating to equal employment opportunities <br />set forth in Executive Order No. 11246, as amended by E.O. 11375 and supplemented by the <br />requirements of 41 CFR Part 60. EMPLOYER will also comply with all applicable federal and <br />state laws and regulations, and particularly those assurances and certifications set forth in <br />Exhibit B attached hereto and by this reference incorporated herein. <br />19. Prohibitions. The EMPLOYER shall not use any of the training funds provided under this <br />Agreement for political or sectarian activities. <br />20. Grievance Procedure. The EMPLOYER shall continue to operate, or shall establish and <br />maintain a grievance or complaint handling procedure relevant to the terms and conditions of <br />employment and the EMPLOYER's activities and programs, which shall meet at a minimum <br />the requirements set forth in Section 101(31) of the Act and 663.700-71 O and regulations <br />promulgated by the State or Federal Government. Employers that do not have a grievance or <br />complaint handling procedure shall use the procedures prescribed by the CITY. <br />21. Guidelines. The CITY shall make the WIA applicable federal regulations and policy guidelines <br />available to EMPLOYER at CITY - W/O/R/K Center, 1000 E. Santa Ana Blvd., Suite 200, <br />Santa Ana, California 92701. The CITY shall also inform the EMPLOYER of changes in the <br />WIA regulations or policy guidelines if such changes affect the operation of this Agreement. <br />22. Drug Free Workplace. The EMPLOYER agrees to provide a drug-free work place and to <br />execute a certification as set forth in Exhibit D attached hereto and incorporated herein by this <br />reference. <br />23. Notices. All notices, reports and correspondence between the parties hereto respecting this <br />Agreement shall be in writing and deposited in the United States mail, postage prepaid, <br />addressed as follows: <br />s