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25E - AGMT - MEDIAN LANDSCAPE SRVS
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06/17/2013
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25E - AGMT - MEDIAN LANDSCAPE SRVS
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6/13/2013 5:47:10 PM
Creation date
6/13/2013 2:55:47 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25E
Date
6/17/2013
Destruction Year
2018
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shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Contractor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Contractor shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. Contractor shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />7. INSURANCE <br />Prior to undertaking performance of work under this Agreement, contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described <br />below: <br />a. General Liability Insurance. Contractor shall maintain commercial general liability <br />insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) <br />and shall include, but not be limited to protection against claims arising from bodily and personal <br />injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Contractor's operations in the performance of this Agreement, <br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the 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 />$2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, <br />agents, volunteers and representatives as additional insured (s); (b) be primary and not <br />contributory with respect to insurance or self-insurance programs maintained by the City; and (c) <br />contain standard separation of onsured's provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non-owned automobiles. <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 thirty (30) days <br />prior written notice to the City. <br />25E-5
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