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EXHIBIT 3 M I DEPENDENT CONTRACTOR Coinultant shall. during the entire term oftlis Agc mmi, be coustrued to be uniadependoil contractor and not anemployce of the City. This Agreement is not intended nor shallit be ccoustrucl in create an employer-etttployee rclatinnship a joint voatrae relationship, or to allow the City to exercise discretion or control over the professional manner in whEb Cousultartt perfartns the set-Oces which are the subject matter of this Agn=riu; however, the services to he protadcd by C:onsttltant shall be provided in a manlier consistmit with d applicably standards and regulations govcnritg such sen4ccs. Consultant shall pay all salaries and wa,ocs, catpksyei's social security taxes, one iploprtent nsuramo and similar taxes relating to employees and slrtIlbe responsihle for all applicable witiihokiing Axes. V. AVORIOM'S COMPEN SATION AND EitIPLOYER-S RIGIITS A. SUBRECIPTENI' shall use appropriate liaxis received tom CITY to provide worker8 conPensntioutoallthosehiredbySUBRTCTPIENTuriderthisAgreement. B. SUBRECTPIENT shall have the iWit to hire, dismiss, or promote its ompl vees or contract personnel hind under this Agreement so long as its biting or dismissal poly or standard does not Violato Title VIT of the Civil Rights Act of 1964, Pair Labor Standards Act of 1938, or any other applicable low, and SUBREC1PIENT rmintains ksolfas an Equal Opportunity employer. VT, APPLICABLE GUIDUINES A. The putntles hereto agroe that S1JHREC2MgT shall comply wilt all applicable federal aad ante laws and regulations, uichrctitg, but tart lk ted to the Perihmnance lti&ators (Exhibit B) and generalprolnum requiremonts descnlied in Sectioru 2 and 116 of the Act, and applicable regulations, and the U.S, Depatuttent of Labor grddeline5 and mgedations, including antendtnents or rovisions viadc doming the tcmr, of this Agreemmrt. Said applicable lows are bereby ix:orltorated by rokrence and made part of this Agrmnrenl as though fully set Ibtth herein. B. STBRECIPIENT also asstucs and certifies that: I. SUBRECIPIENT acknowledges and confimts that the U.S. Deparfatcnt of Tabor has established sec (6) perfemr moe indicators for youth (a) Percent of Participants who are in educationlraining activities, or in unsubsidimd employutent dtrrbg the 2: 1 qututor alter exit; (b) Pement of Participants who are Tn cducati )Ma tigg, or at uareubsidized cnVk)yntetrt during the 4i° quarter alter exit. (c) the rtt;:dian earnhigs ofParlicipants in unsubsidired employment during the 2°d quarter after a dt; (d) Pement of Partcipants who obtain recognized postsecondary crcdcntitiI or, secondary dgtbma during panitation or svihir i year alter exi:; (e) Percent of Partn:goants who, during the program, are in education or training that leads to a recognized postsecondary credential or ctiiploy ne t1 and who are achieving rucasutable skill gaits; and, (f) efkctivo in serving employers. SU$RECIPIENT agrees to itytlemeot ad shall meet arty additional PaSu 7 of 17 25A-224