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PARKS AND RECREATION PACKET 121423
City of Pleasanton
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121423
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PARKS AND RECREATION PACKET 121423
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Last modified
12/14/2023 1:55:10 PM
Creation date
12/14/2023 12:56:27 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/14/2023
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ID:
1
Creator:
APAWLAK
Created:
12/14/2023 12:56 PM
Modified:
12/14/2023 12:56 PM
Text:
mailto:
[email protected]
ID:
2
Creator:
APAWLAK
Created:
12/14/2023 12:56 PM
Modified:
12/14/2023 12:56 PM
Text:
mailto:
[email protected]
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5 <br /> <br />Insured. These limits shall be exclusive to this required coverage. Incidents relating to or arising <br />out of physical abuse, mental injury, or sexual molestation, whether committed by one or more <br />individuals, and irrespective of the number of incidents or injuries or the time period or area over <br />which the incidents and injuries occur, shall be treated as a separate occurrence. Coverage shall <br />include the cost of defense and defense shall be provided outside the coverage limit. Lifetime also <br />agrees to and warrants that its assigned employees and volunteers shall undergo mandatory Sexual <br />Abuse/Molestation/Mandatory Reporter training. <br /> <br />E. Certificate of Insurance. Lifetime shall file a certificate of insurance with the City prior <br />to the City’s execution of this Agreement, and prior to providing the services set forth in this <br />Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by <br />this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without <br />providing notice to the City in accordance with California Insurance Code section 677.2 which <br />requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include <br />the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the <br />cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the <br />notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice <br />shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty <br />(30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or <br />in limits, or voiding of the insurance coverage required by this agreement. The City reserves the <br />right to require complete certified copies of policies. <br /> <br />7. Independent Contractor. The Lifetime is an independent Lifetime retained by the City to <br />perform the work described herein. All personnel employed by Lifetime, including contractors, <br />and personnel of said contractors, are not and shall not be employees of the City. <br /> <br />8. Breach and Termination. If Lifetime is in breach of any term of this Agreement, City <br />shall provide Lifetime with written notice simultaneously by email to: <br />
[email protected]
and by U. S. mail to the address stated above, detailing the nature <br />of the breach. Lifetime shall have five (5) business days to cure such breach, or shall contact the <br />City if additional time is needed, and City may grant additional time, in City’s discretion, to cure <br />any breach. <br /> <br /> If Lifetime fails to timely cure the breach within the time period granted, City may <br />terminate this Agreement by providing written notice simultaneously by email to: <br />
[email protected]
and by U. S. mail to the address stated above. Lifetime shall be <br />paid for that portion of services provided when notice of termination is received. <br /> <br />9. Hazardous Materials. Lifetime agrees that neither Lifetime nor any of its contractors or <br />sub-contractors shall cause or permit any hazardous material to be brought upon, kept, used, <br />stored, generated, or disposed of in, on, under, or about Centennial Park. Hazardous material <br />includes any material or substance defined as a hazardous substance, waste, pollutant or <br />contaminant pursuant to 42 U.S.C. Sections 9601 et seq. or Sections 25140 and 25281 of the <br />California Health & Safety Code. <br /> <br />10. Miscellaneous Provisions. <br />
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