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• • <br />11. INDEPENDENT CONTRACTOR <br />It is expressly agreed that in the performance of the services necessary to carry out this <br />Agreement, the CITY shall be, and is, an independent consultant, and is not an agent <br />or employee of FRIENDS. CITY has and shall retain the right to exercise full control <br />and supervision of the services, and full control over the employment, direction, <br />compensation and discharge of all persons assisting CITY in the performance of <br />CITY'S services hereunder. CITY shall be solely responsible for all matters relating <br />to the payment of his/her employees, including compliance with social security, <br />withholding and all other regulations governing such matters, and shall be solely <br />responsible for CITY'S own acts and those of CITY'S subordinates and employees. <br />12. PREVAILING WAGES <br />FRIENDS shall require CONTRACTOR to comply with the State of California's <br />Labor Code provisions for wages paid to laborers and mechanics on public works. <br />FRIENDS shall require CONTRACTOR to comply with all other applicable <br />provisions of said legislation. FRIENDS shall insert similar provisions in all contracts <br />for work covered by this Agreement. <br />13. BOND REQUIREMENT (BID, PERFORMANCE & PAYMENT) <br />FRIENDS shall require that CONTRACTOR provide a bid bond equal to 10% of the <br />aggregate bid, a performance bond equal to 100% of the aggregate bid and a payment <br />bond equal to 100% of the aggregate bid. <br />14. TERMINATION <br />Either party may terminate this Agreement immediately far cause, or without cause <br />upon thirty (30) days written notice of discontinuance and termination of said <br />Agreement. Such notice shall be made in accordance with the "Notices" section of <br />this Agreement. Prior to termination FRIENDS shall ensure to the CITY that all <br />required payments to the contractor to the point of termination have been satisfied. <br />15. EQUAL EMPLOYMENT PRACTICES <br />FRIENDS shall require that CONTRACTOR not discriminate or permit <br />discrimination against any person or group of persons any person in any manner <br />prohibited by Federal, State or local laws. <br />FRIENDS shall require that CONTRACTOR will not discriminate against any <br />employee or applicant for employment because of race, religious creed, color, <br />national origin, ancestry, physical disability, mental disability, medical condition, <br />marital status, sex or age, in compliance with Government Code 12900, et seq. <br />FriendsZoo.Agr <br />1/28/00 <br />Page 5 of 17 <br />