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25C - AGMT - ENERGY EFFICIENCY PROGRAMS
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12/16/2013
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25C - AGMT - ENERGY EFFICIENCY PROGRAMS
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Last modified
12/12/2013 3:37:05 PM
Creation date
12/12/2013 3:29:20 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25C
Date
12/16/2013
Destruction Year
2018
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16.1.2. The Authorized Work performed by a Party and /or its Contractors shall be free of <br />any claim of trade secret, trade marls, trade name, copyright, or patent infringement <br />or other violations of any proprietary rights of any person. <br />16.1.3. Each Party shall conform to the applicable employment practices requirements of <br />(Presidential) Executive Order 11246 of September 24, 1965, as amended, and <br />applicable regulations promulgated thereunder. <br />16.1.4. Each Party shall contractually require each Contractor it hires to perform the <br />Authorized Work to indemnify each other Party to the same extent such Party has <br />indemnified each other Party under the terms and conditions of this Agreement. <br />16.1.5. Each Party shall retain, and shall cause its Contractors to retain, all records and <br />documents pertaining to its Authorized Work obligations for a period of not less <br />than five (5) years beyond the termination or expiration of this Agreement. <br />16.1.6. Each Party shall contractually require all of its Contractors to provide the other <br />Parties reasonable access to relevant records and staff of Contractors concerning the <br />Authorized Work. <br />16.1.7. Each Party will maintain, and may require its Contractors to maintain, the <br />following insurance coverage or self - insurance coverage, at all times during the <br />term of this Agreement, with companies having an A.M. Best rating of "A -, VII" or <br />better, or equivalent: <br />16.1.7.1. Workers' Compensation: statutory minimum. <br />16.1.7.2. Employer's Liability coverage: $1 million minimum. <br />16.1.7.3. Commercial General Liability: $1 million minimum per occurrence /$2 <br />million minimum aggregate. <br />16.1.7.4. Commercial or Business Auto (if applicable): $1 million minimum. <br />16.1.7.5. Professional Liability (if applicable): $1 million minimum. <br />16.1.8. Each Party shall take all reasonable measures, and shall require its <br />Contractors to take all reasonable measures, to ensure that the Program funds in its <br />possession are used solely for Authorized Work, which measures shall include the <br />highest degree of care that such Party uses to control its own funds, but in no event <br />less than a reasonable degree of care. <br />17. PROOF OF INSURANCE <br />17.1. Evidence of Insurance. Upon request at any time during the term of this <br />Agreement, a Party shall provide evidence that its insurance policies (and the insurance <br />policies of any Contractor, as provided in Section 16.1.7) are in full force and effect, and <br />provide the coverage and limits of insurance that the Party has represented and <br />warranted herein to maintain at all tines during the term of this Agreement. <br />17.2. Self- Insurance. If a Party is self - insured, such Party shall upon request forward <br />documentation to the other Party that demonstrates to the other Party's satisfaction that <br />2013 -14 Santa Ana Partnership Agreemept5C_l 7 14 <br />
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