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25B - AGMT FIESTAS PATRIAS
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04/03/2018
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25B - AGMT FIESTAS PATRIAS
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Last modified
3/29/2018 7:13:41 PM
Creation date
3/29/2018 6:59:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25B
Date
4/3/2018
Destruction Year
2023
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per occurrence, with $6,000,000 in the aggregate. Event Producer shall supply City with <br />a fully executed additional insured endorsement in substantially the form attached hereto <br />as Exhibit B upon execution of this Agreement. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit <br />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 3700 <br />of the Labor Code, Event Producer, if Event Producer has any employees, is required to <br />be insured against liability for worker's compensation or to undertake self-insurance. <br />Prior to commencing the performance of the work under this Agreement, Event Producer <br />agrees to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />If Event Producer 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 <br />less than $1,000,000 per claim with $2,000,000 in the aggregate. <br />e. The following requirements apply to the insurance to be provided by Event Producer <br />pursuant to this section: <br />(i) Event Producer shall maintain all insurance required above in full force <br />and 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 by the City. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />(iv) In the event that Event Producer has insurance coverage in excess of the <br />required amounts, City will get the benefit of Event Producer's additional <br />insurance coverage. <br />If Event Producer 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 <br />procured and is in force and paid for, the City shall have the right, at the City's election, <br />to forthwith terminate this Agreement. Such termination shall not affect Event <br />Producer's right to be paid for its time and materials expended prior to notification of <br />termination. Event Producer waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the City. <br />Provided however that prior to terminating the Agreement, City shall provide Event <br />Producer with seven (7) calendar days' written notice of the default and allow Event <br />Producer to cure the default by providing said insurance during the seven day period <br />following Event Producer's receipt of written notice of the default. <br />28. INDEMNIFICATION <br />Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, Event Producers, special counsel, and representatives from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal <br />injury, including death, and claims for property damage, which may arise from the direct or indirect <br />
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