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12
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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081820
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12
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8/13/2020 11:31:11 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
8/18/2020
DESTRUCT DATE
15Y
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b. Automobile Liability Insurance. Automobile liability insurance in an amount not less than <br /> $10,000,000 per person/per occurrence. <br /> c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Operator's <br /> employees,all in strict compliance with State laws,and to protect the City from any and all claims <br /> thereunder, including waiver of subrogation. <br /> d. Certificate of Insurance. Operator shall file a certificate of insurance with the City prior to <br /> the City's execution of this Agreement, and prior to engaging in any operation or activity set forth <br /> in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded <br /> by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits <br /> without providing notice to the City in accordance with California Insurance Code section 677.2 <br /> which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) <br /> include the reasons for the cancellation; and 3)be given at least 30 days prior to the effective date <br /> of the cancellation, except that in the case of cancellation for nonpayment of premiums or for <br /> fraud, the notice shall be given no less than 10 days prior to the effective date of the <br /> cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the <br /> insured shall provide thirty (30) days prior written notice to the City of any cancellation, <br /> suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by <br /> this agreement. The City reserves the right to require complete certified copies of policies. <br /> 7. Independent Operator. The Operator is an independent operator retained by the City to perform <br /> the work described herein. All personnel employed by the Operator, including subcontractors, <br /> and personnel of said subcontractors, are not and shall not be employees of the City. <br /> 8. Warranty Against Defects. Operator hereby warrants all work done under this contract against <br /> all defects in materials and workmanship for a period of 12 months following City's acceptance <br /> of said work. If any defects occur within said 12 months, Operator shall be solely responsible <br /> for the correction of those defects. <br /> 9. Miscellaneous Provisions. <br /> a. City may terminate this Agreement at any time by mailing notice to Operator at the address <br /> first stated above. Operator shall be paid for that portion of work completed when notice is <br /> received. <br /> b. Operator shall not assign or transfer this Agreement. <br /> c. In the performance of this Agreement, Operator, its employees and agents shall have the <br /> status of independent operator, and not an employee of the City for any purpose. <br /> d. If either City or Operator waive a breach of this Agreement, such waiver shall not constitute a <br /> waiver of other or succeeding breaches of this Agreement. <br /> e. This Agreement constitutes the entire understanding of the parties. <br />
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