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25F - AGMT - DISCOVERY SCIENCE CENTER
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07/05/2016
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25F - AGMT - DISCOVERY SCIENCE CENTER
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6/30/2016 4:00:43 PM
Creation date
6/30/2016 2:16:17 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
7/5/2016
Destruction Year
2021
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pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, DSC shall maintain and shall <br />require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. DSC shall maintain commercial general liabil- <br />ity insurance which shall include, but not be limited to protection against claims arising from bodily <br />and personal injury, including death resulting therefrom and damage to property, resulting from any act <br />or occurrence arising out of DSC's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: sin- <br />gle limit coverage applying to bodily and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the <br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary and not contributory with respect to insurance or self - insurance programs maintained by the <br />City; and (c) contain standard separation of insureds provisions. <br />b. Worker's Compensation Insurance. in accordance with the provisions of Section 3700 <br />of the Labor Code, Consultant, if DSC 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 the <br />work under this Agreement, DSC agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />C. The following requirements apply to the insurance to be provided by Consultant pursu- <br />ant to this section: <br />(i.) Consultant shall maintain all insurance required above in full force and effect for the en- <br />tire period covered by this Agreement. <br />(ii.) Certificates of insurance shall be furnished to the City upon execution of this Agree- <br />ment 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 reduced in <br />coverage or changed in any other material aspect without thirty (30) days prior written notice to the <br />City. <br />(iv.) Certificates and renewals shall be sent to Christy Kindig. <br />d. If DSC 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 <br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. <br />Such termination shall not effect DSO's right to be paid for its time and materials expended prior to <br />notification of termination. DSC waives the right to receive compensation and agrees to indemnify the <br />City for any work performed prior to approval of insurance by the City. <br />25F -5 <br />
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