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<br />term of this Agreement may be extended upon a writing executed by the Chief of Police and <br />the City 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 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 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. Due to the nature of service provided, commercial general liability insurance is not <br />required. <br /> <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 ofthe Labor Code, Educator, if Educator has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self-insurance. Prior to <br />commencing the performance of the work under this Agreement, Educator agrees to obtain <br />and maintain any employer's liability insurance with limits not less than $1,000,000 per <br />accident. <br /> <br />c. The following requirements apply to the insurance to be provided by Educator: <br /> <br />(i) Educator shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br /> <br />3 <br />