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25C - AGMT PROVIDE ANNUAL SOFTWARE MAINT
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25C - AGMT PROVIDE ANNUAL SOFTWARE MAINT
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Last modified
1/3/2012 3:37:01 PM
Creation date
12/1/2011 11:47:52 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25C
Date
12/5/2011
Destruction Year
2016
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of this Agreement maybe extended upon a writing executed by the Chief of Police of the S ants <br />- Ana Police:.-Department. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire teen 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 relationship, or <br />to' allow the ;City" to eaeeroise discretion or control over the professional manner in which <br />Consultant performs the services whioh are the subject matter of this. Agreement; however, the <br />services.to be provided by Consultant shall be provided m a manger consistent with a1L <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employee's social security taxes, unemployment insurance and similar taxes relating to <br />ompIoyees sad shall. be zesponsible for all applicable withholdmg taxes. <br />5. INSUliANCE <br />Prior; bo uadertsldng performance ofworlr under this Agreement, Consultant: shall <br />mauetain and shall require its subcontractors, if any, to obtain and mafatain insurance as <br />- tlescre'bed bolow: <br />a. Cosnmercisl'-General Liability Ina?aance. Consultant shall:maintain commercial <br />general liability insurance nnn+_in9v the City, its officers, employees, agents, volnnteees and <br />representatives- as additional insureds) and shall include; but sot be limited to:pratection against <br />. olaims <br />arIaing S?om bodily and-gersonal3njury, including death resulting thereti+om and damage- <br />to'property; resulting. fivm any act ar occnnreace arising out of Consultant's operations in the <br />perfannaaco of this Agreeme;et,_iacluding, without limitation, acts involving vehicles. The <br />sanounts`ofinsurance shall be not less than the #ollowing: singlo limit. covorage:'eppiying to <br />bodily and-personal injury. including death resulting thoreii;am, and property damage, is ihs total <br />amount of$1,000,000 per ocouaence. Consultant shell supply City with a fielly executed <br />additional insured eadorsemeat in substantially theform attached hereto as Attachment 2 upon <br />execotion oftlus Agreement and shall be approved in form by the City Attorney. <br />b. Business automobile liability insurance, or equivalent form, -with a combined,?ingle <br />limit`of not less than $1,000,000 per occurrence. Such insurance shall iacluds coverage for <br />owned, hired and nos=owned automobiles. <br />T <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code; Consultant, if Consultant has any employees, is required to be insured against <br />liability for wotiret•s compensation or to undertake self-insurance. Prior to commencing the <br />,.perfornance:ofthe prork undep-this. Agreement, Consultant agrees to obtain sad.maintain any <br />?, 'employer's liability insurance with limas not less than $1,000,000 per accident. <br /> <br />,. <br />25C-9
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