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<br />3. INDEPENDENT CONTRACTOR <br /> <br />Superintendent 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 <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 Superintendent performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Superintendent shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Superintendent shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br /> <br />4. PERSONNEL <br /> <br />Superintendent and City shall retain complete and absolute authority over their <br />respective staff members assigned to the Program. Neither party has the authority to <br />discipline, suspend or terminate from employment, or take action against the other party's <br />officers, agents or 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 />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Superintendent 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. Superintendent shall maintain <br />commercial general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not be limited to <br />protection against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />Superintendent's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including death <br />resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. <br />Superintendent shall supply City with a fully executed additional insured endorsement in <br />substantially the form attached hereto as Exhibit A upon execution of this Agreement and <br />shall be approved in form by the City Attorney. <br /> <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Superintendent, if Superintendent has any employees, is required to <br />be insured against liability for worker's compensation or to undertake self-insurance. Prior <br /> <br />3 <br />