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is providing the names of all new employees to the New Employee Registry maintained by the <br />California Employment Development Department (EDD). <br />S. CONTRACTOR agrees to comply with all applicable provisions of the ACT and <br />the federal regulations, including but not limited to the regulations found at 20 CFR part 652 et al. <br />T. CONTRACTOR agrees to provide priority of services for veterans and eligible <br />spouses pursuant to 20 CFR part 1010 and the regulations implementing priority of service for veterans <br />and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act <br />published at 73 Fed.Reg. 78132 on December 19, 2008. <br />II. <br />CITY'S OBLIGATIONS <br />A. CITY agrees to pay to CONTRACTOR when, if and to the extent federal funds <br />are received under the provisions of the Act a sum not to exceed Twenty Seven Thousand and Thirty <br />Two dollars ($27,032.00) for CONTRACTOR'S performance in accordance with the budget hereto as <br />"Exhibit E" during the period of this Agreement. Said sum shall be paid after CITY receives invoices <br />submitted by CONTRACTOR as provided hereinabove. <br />B. CITY agrees to provide for on-site monitoring reviews of said program <br />operation at least twice annually. In addition, monthly desk-top reviews of pertinent information will <br />be conducted. <br />C. CITY has the right to de-obligate the funds hereunder and take such funding <br />back from CONTRACTOR due to any of the following reasons: (a) lack of performance by <br />CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available <br />funding. <br />III. <br />TIME PERIOD OF AGREEMENT <br />This Agreement shall commence on July 16, 2012, and all duties arising under this <br />Agreement shall have been performed by June 30, 2013. The term of this Agreement may be extended <br />by a writing executed by the Deputy City Manager for Development Services and the City Attorney. <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 />DO-12-1722-01 <br />Page 5of15