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25H - AGMT - CINCO DE MAYO EVENT
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04/21/2015
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25H - AGMT - CINCO DE MAYO EVENT
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Last modified
4/16/2015 5:13:32 PM
Creation date
4/16/2015 5:07:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25H
Date
4/21/2015
Destruction Year
2020
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4. INDEPENDENT CONTRACTOR <br />Sponsor shall, during the entire term 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 exercise discretion or control over the professional manner in which Sponsor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Sponsor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Sponsor shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Sponsor shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Sponsor shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Sponsor's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its <br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary and non - contributory with respect to insurance or self- insurance programs maintained <br />by the City; and (c) contain standard separation of insureds 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, Sponsor, if Sponsor 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, Sponsor 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 Sponsor pursuant <br />to this section: <br />25H -18 <br />
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