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<br />this Agreement may be extended upon a writing executed by the Chief of Police and the City <br />Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />Educator shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee ofthe City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Educator performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Educator shall be provided in a manner <br />consistent with all applicable standards and regulations governing such services. Educator <br />shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br /> <br />5. PERSONNEL <br /> <br />Educator and City shall retain complete and absolute authority over their respective <br />staff members assigned to the Program. Neither party has the authority to discipline, suspend <br />or terminate from employment, or take action against the other party's officers, agents or <br />employees. <br /> <br />The Parties shall at times enforce appropriate discipline and good order among their <br />employees and shall not knowingly employ any unfit person or anyone not skilled in <br />providing the services required under this Agreement. <br /> <br />6. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Educator shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br /> <br />a. Commercial General Liability Insurance. Educator shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including death resulting therefrom <br />and damage to property, resulting from any act or occurrence arising out of Educator's <br />operations in the performance of this Agreement, including, without limitation, acts <br />involving vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, <br />and property damage, in the total amount of $1 ,000,000 per occurrence. Educator shall <br />supply City with a fully executed additional insured endorsement in substantially the form <br />attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form <br />by the City Attorney. <br /> <br />3 <br />