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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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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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officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and <br />not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) <br />contain standard separation of insureds provisions. Promoter shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached as Exhibit f3, upon execution of this <br />Agreement and shall be approved in fonn 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. The following requirements apply to the insurance to be provided by Promoter pursuant <br />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 detalled coverage is not subject to any deductible or <br />self - insured retention, or any other form of simllar type lintitation." <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 fled 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 City as additionally insured. <br />E. 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 />10. INDEMNIFICATION <br />Promoter agrees to and shall protect, defend, indennfy and save and hold harmless the City, its <br />officers, agents, employees, special counsel, and representatives from liability, loss, damage, expense or <br />cost: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising <br />out of'claims for personal injury, including death, and claims for property damage, which may arise from <br />the direct or indirect operations of the Promoter or its operators, contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the set-vices described in Section l and <br />25H -5 <br />
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