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25C - AGMT - SECURITY SRVS
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25C - AGMT - SECURITY SRVS
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1/3/2012 3:45:41 PM
Creation date
4/28/2011 11:06:22 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25C
Date
5/2/2011
Destruction Year
2016
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insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the <br />City; and (c) contain standard separation of insureds provisions. <br />Contractor's naming of the City, its officers, employees, agents, volunteers and <br />representatives as additional insured shall afford coverage only for the negligent acts or <br />omissions of Contractor pursuant to this Agreement and shall in no event be construed for any <br />purpose so as to make Contractor or the issuer of such policies liable for the negligence (joint, <br />concurrent, independent or individual), acts, errors or omissions of the City or its employees. <br />b. Employer's liability insurance, with a combined single limit of not less than <br />$1,000,000 per occurrence. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Contractor agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />d. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />(i) Contractor shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />e. If Contractor fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its <br />time and materials expended prior to notification of termination. Contractor waives the right to <br />receive compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City. <br />6. INDEMNIFICATION <br />Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, <br />agents, employees, Contractors, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of <br />claims for personal injury, including health, and claims for property damage, to the extent which <br />may arise from the negligent operations of the Contractor or its contractors, subcontractors, <br />agents, employees, or other persons acting on their behalf which relates to the services described <br />in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects to <br />25C-7
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