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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`h <br />quarter after exit; (c) the median earnings of Participants in unsubsidized employment during the 2nd <br />quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or <br />secondary diploma during participation or within 1 year after exit; (e) Percent of Participants who, <br />during the program, are in education or training that leads to a recognized postsecondary credential or <br />employment and who are achieving measurable skill gains; and, (f) effective in serving employers. <br />SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may <br />be subsequently required by the Workforce hmovation and Opportunity Act or by any other Federal, <br />Page 7 of 17 <br />