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25B - AGMTS - CINCO DE MAYO
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25B - AGMTS - CINCO DE MAYO
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3/31/2016 4:12:57 PM
Creation date
3/31/2016 2:55:08 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25B
Date
4/5/2016
Destruction Year
2021
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occurrence and $2,000,000 in the aggregate. Contractor shall supply City with a fully executed <br />additional insured endorsement upon execution of this Agreement and shall be approved in form <br />by the City of Santa Ana. Such insurance shall (a) name the City, its officers, employees, agents, <br />volunteers, and representatives as additional insured(s); (b) be primary and not contributory with <br />respect to insurance or self - insurance programs maintained by the City; and (c) contain standard <br />separation of insured'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 file California State law, <br />Contractor, if Contractor has any employees, is required to be insured against liability for <br />worker's compensation or to undertake self-insurance. Prior to commencing the performance of <br />the work under this Agreement, Contractor agrees to obtain and maintain any employer's <br />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) Contractors 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. <br />(iii) Certificates and policies shall state that the policies shall not be cancelled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />e. If Contractor fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force tend. paid for, the City shall have the right, at the City's election, to terminate this <br />Agreement. Such termination shall not affect Contractor's right to be paid for its time and <br />materials expended prior to notification of termination. Contractor waives the right to receive <br />compensation and agrees to indemnify the City for any work performed prior to approval of <br />insurance by the City. <br />6. INDEMNIFICATION <br />Contractor agrees to and shall defend, indemnify and hold harmless the City, its officers, <br />agents, employees, Contractors, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just cormpensation, restitution, judicial or equitable relief arising out of <br />claims for personal injury, including death, and claims for property damage, which may arise <br />from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, <br />or other persons acting on their behalf which relates to the services described in section 1 of this <br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief is clue by reason of the terms of or effects arising from this Agreement. <br />3 <br />25B -7 <br />
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