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<br />'-' <br /> <br />'wi <br /> <br />4. Provide and validate parking spaces for SUPERINTENDENT's <br />employees to conduct the GED testing. <br /> <br />5. Provide lunches for examinees in testing room. <br /> <br />6. Provide breaks when necessary for SUPERINTENDENT's staff to <br />use the restroom facilities. <br /> <br />7. Collect the GED testing fees from the examinees and transfer the <br />funds to SUPERINTENDENT on a monthly basis. <br /> <br />8. The total funds to be expended during the one-year term of this <br />AGREEMENT shall not exceed $10,000.00 <br />, <br /> <br />3.0 Independent Contractor <br /> <br />SUPERINTENDENT is and at all times shall be deemed to be an independent <br />contractor and shall be wholly responsible for the manner in which the services required <br />by the terms of this MOU are performed. Nothing herein contained shall be construed <br />as creating the relationship of employer and employee, or principal and agent, between <br />the SUPERINTENDENT and CITY or any of CITY's agents or employees. <br />SUPERINTENDENT assumes the responsibility for the acts of its employees or agents <br />as they relate to the services to be provided during the scope of their employment. <br />SUPERINTENDENT, its agents, officers, and employees, shall not be entitled to any <br />rights, and/or privileges of CITY's employees and shall not be considered in any <br />manner to be CITY's employees. <br /> <br />4.0 Insurance. <br /> <br />SUPERINTENDENT agrees to provide worker's compensation insurance for <br />SUPERINTENDENT's employees as required by California law. <br /> <br />5.0 Personnel. <br /> <br />SUPERINTENDENT and CITY shall retain complete and absolute authority over <br />their respective staff members assigned to the PROGRAM. Neither party has the <br />authority to discipline, suspend, or terminate from employment, or take action against <br />the other parties officers, agents, or employees. <br /> <br />6.0 Duty to Provide Fit Workers. <br /> <br />SUPERINTENDENT and CITY shall at all times enforce appropriate discipline <br />and good order among their employees and shall not knowingly employ any unfit <br />person or anyone not skilled in providing the services required under this MOU. Any <br />person in the employ of the SUPERINTENDENT or CITY whom SUPERINTENDENT or <br /> <br />Page 3 of 7 <br /> <br />File: A-34 <br />