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10
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2011
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062111
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10
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6/16/2011 3:58:07 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/21/2011
DESTRUCT DATE
15Y
DOCUMENT NO
10
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7. Changes. City may request, from time to time, changes in the Scope of <br /> Services to be provided by the Concessionaire. Any changes and related fees shall be <br /> mutually agreed upon between the City and Concessionaire and shall be subject to a <br /> written amendment to this Agreement. The City and Concessionaire will meet prior to <br /> July of every year and discuss Operating Policies as described in Exhibit`B." <br /> 8. Concessionaire's Status. In performance of the obligations set forth in <br /> this Agreement, Concessionaire shall have the status of an independent contractor and <br /> shall not be considered an employee of the City for any purpose. All persons working for <br /> or under the direction of the Concessionaire are its agents and employees and are not <br /> agents or employees of the City. <br /> 9. Termination at Convenience of City. The City may terminate this <br /> Agreement at any time for good cause, by mailing a notice in writing to Concessionaire <br /> that the Agreement is terminated. Said Agreement shall then be deemed terminated in <br /> thirty (30) days, and no further work shall be performed by Concessionaire after that date. <br /> If the Agreement is so terminated, Concessionaire shall only compensate the City, and <br /> the City shall only compensate the Concessionaire on a pro rata basis, for the concession <br /> revenue generated, or product and services provided, in accordance with the <br /> compensation described in Section 4 herein at the time the notice of termination is either <br /> received or mailed plus five (5) days, whichever is sooner. <br /> 10. Non-Assignability. The Concessionaire shall not assign, sublet, or <br /> transfer this Agreement or any interest or obligation therein without prior written consent <br /> of the City, and then only upon such terms and conditions as City may set forth in <br /> writing. The Concessionaire shall be solely responsible for reimbursing subcontractors. <br /> 11. Indemnify and Hold Harmless. Concessionaire shall defend, indemnify, <br /> and hold harmless the City and its officers and employees from and against all claims, <br /> losses, damage, injury, and liability for damages arising from errors, omissions, negligent <br /> or wrongful acts of the Concessionaire in the performance of the services under this <br /> Agreement, regardless of whether the City has reviewed and/or approved the work or <br /> services which has given rise to the claim, loss, damage, injury or liability for damages. <br /> This indemnification shall extend for a reasonable period of time after completion of the <br /> Contract, as well as during the period of actual performance of services under this <br /> Agreement. The City's acceptance of the insurance certificates required under this <br /> Agreement does not relieve the Concessionaire from the obligation under this paragraph. <br /> 12. Insurance. During the term of this Agreement, Concessionaire shall <br /> maintain in full force and effect at its own cost and expenses the following insurance <br /> coverages with insures with an A.M. Best's rating of no less than A:VII: <br /> a. General Liability and Bodily Injury Insurance. Commercial, <br /> general liability insurance policy for not less than $1,000,000 combined limit for bodily <br /> injury and property damage and provide that the City, its officers, employees and agents <br /> are named additional insured under the policy. The policy shall state in writing, either on <br /> the Certificate of Insurance or attached rider thereof, that this insurance will operate as <br /> primary insurance for work performed by the Concessionaire and its subcontractors, and <br /> 2 <br />
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