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FULL PACKET_2013-06-17
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FULL PACKET_2013-06-17
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4/6/2017 4:24:04 PM
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6/17/2013 1:06:19 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
6/17/2013
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security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />5. INSliRANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Provider 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 Provider'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 51,000,000 per <br />occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers <br />and representatives as additional insured(s); (b) be primary and not contributory with respect to <br />insurance or self - insurance programs maintained by the City, and (e) contain standard separation <br />of insured(s provisions. <br />b. Worker's Compensation insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Provider, if Provider 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, Provider agrees to obtain and maintain any <br />employer's liability insurance with limits not less than S 1,000,000 per accident. <br />c. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, the <br />Provider must provide a Youth Protection Policy and proof of Sexual Abuse & Molestation <br />insurance coverage of at least S 1,000,000. Provider will be held accountable for conducting a <br />background clearance (live -scan) for staff that have direct interaction with youth participants. <br />d. The following requirements apply to the insurance to be provided by Provider pursuant <br />to this section: <br />(1) Provider shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. Certificates <br />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 />(ii) 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 />e. If Provider 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 and paid for, the City shall have the right, at the City's election, to forthwith <br />ten-ninate this Agreement. Such termination shall not afTect Provider's right to be paid for its <br />25B -4 <br />
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