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FULL PACKET_2014-01-21
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FULL PACKET_2014-01-21
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1/21/2014 10:34:07 AM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
1/21/2014
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limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $5,000,000 per occurrence. Promoter shall supply City with a fully <br />executed additional insured endorsement in substantially the form attached as Exhibit C, upon execution <br />of this Agreement and shall be approved in form by the City Attorney. <br />B. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, <br />hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Promoter, if Promoter has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance <br />of the work under this Agreement, Promoter agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />D. If Promoter is or employs a licensed professional such as an architect or engineer: <br />Professional liability (errors and omissions) insurance, with a combined single limit of not less than <br />$1,000,000 per claim. <br />E. The following requirements apply to the insurance to be provided by Promoter <br />pursuant to this section: <br />i. Promoter shall maintain all insurance required above in full force and effect for <br />the entire period covered by this Agreement. <br />ii. Certificates of insurance shall be furnished to the City upon execution of this <br />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 or <br />reduced in coverage or changed in any other material aspect without thirty (30) <br />days prior written notice to the City; and shall state as follows: <br />"The above detailed coverage is not subject to any deductible or <br />self - insured retention, or any other form of similar type limitation." <br />iv. A complete and signed certificate of insurance with all endorsements required by <br />this Section shall be filed with City prior to the execution of this Agreement. At <br />least thirty (30) days prior to the expiration of any such policy, a signed and <br />complete certification of insurance showing that coverage has been renewed, <br />shall be filed with the City. <br />V. If the certificate of insurance is in the name of the carnival Promoter it shall <br />include the name of the carnival promoter as additionally insured. <br />F. If Promoter fails or refuses to produce or maintain the insurance required by this section or <br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force and <br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. <br />Promoter agrees to indemnify the City for any work performed prior to approval of insurance by the City. <br />11. INDEMNIFICATION <br />Promoter agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, special counsel, and representatives from liability: (1) for personal injury, damages, just <br />20A -6 <br />
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