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WAREH, SAMA 1
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WAREH, SAMA 1
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Last modified
3/25/2020 9:20:38 AM
Creation date
9/19/2018 4:54:07 PM
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Contracts
Company Name
WAREH, SAMA
Contract #
N-2018-170
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Expiration Date
9/30/2018
Insurance Exp Date
12/31/2018
Destruction Year
2023
Notes
Unable to find physical copy of agreement
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3. TERM <br />This Agreement shall commence on the date stated above and terminate on September 30, <br />2018, unless terminated, earlier in accordance with Section 14, below. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire tern of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Contractor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Contractor shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />5. INTELLECTUAL PROPERTY RIGHTS <br />Contractor agrees and understands that should the Contractor engage in any filming or <br />recording ("Work Product"), in any form or media, of any of the interviewees, students or any <br />outside party as to the subject matter of this Agreement, Contractor will submit to the City any <br />recording(s) and the Contractor hereby waives any legal rights to the copyright or ownership of <br />the work product. The work product will be the property of the City, which will provide and <br />upload any works for the Event consistent with the terms of the IMLS Grant, <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Contractor shall maintain commercial <br />general liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Contractor's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles, The <br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br />and personal injury, including death resulting therefrom, and property damage, in the total amount <br />of $1.,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the <br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary and not contributory with respect to insurance or self-insurance programs maintained by <br />the City; and (c) contain standard separation of insureds provisions. <br />b. Worker's Compensation -Insurance. In accordance with California State law, <br />Contractor, if Contractor has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the performance of the work <br />Page 2 of 8 <br />
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