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Agmt00 MBIA
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Agmt00 MBIA
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Last modified
9/26/2005 12:10:03 PM
Creation date
9/22/2005 3:23:03 PM
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Template:
Agreement
Contractor Name
MBIA
PROJECT NAME
utility users tax - franchise compliance
RMP File Number
304
Date
12/18/2000
Reso Ref
14077
Box
6039
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<br />ATTACHMENT "A" <br />GENERAL PROVISIONS <br /> <br />1. <br /> <br />Independent Contractor. At all times during the term of this Contract, MMC shall be an Independent Contractor and <br />shall not be an employee of the CITY. The CITY shall not have the right to control the means by which MMC <br />accomplishes services rendered pursuant to this Agreement. <br /> <br />Liability. The CITY shall not be called upon to assume any liability for direct payment of any salaries, wages, or <br />other compensation to any of MMC's personnel or subcontractors performing services hereunder for the CITY, or <br />any liability other than provided for in this Agreement. The CITY shall not be liable for compensation or indemnity <br />to any MMC employee or subcontractor for injury or sickness arising out of hislher employment, or for any <br />negligent actions of MMC or its employees. All persons employed in the perfonnance of such services and <br />functions shall be employees of MMC, and as such shall not, for any purposes, be considered employees of the <br />CITY and therefore shall have no right to any CITY benefits, civil service, or other CITY employment status. <br /> <br />2. <br /> <br />3. <br /> <br />Insurance. <br /> <br />LA W FIRM, at its sole cost and expense, shall acquire and maintain in full force and effect throughout the term <br />of this Agreement Worker's Compensation, employer's liability, commercial general liability, and owned, now- <br />owned and hired automobile liability insurance coverage relating to LAW FIRM's work to be performed <br />hereunder covering City's risks in form subject to the approval of the City Attorney. The minimum amounts of <br />coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows: <br /> <br />Insurance Category <br />Workers' Compensation <br /> <br />Minimum Limits <br /> <br />Statutory minimum. <br /> <br />Employer's Liability <br />Commercial General Liability <br /> <br />$1,000,000.00 per accident for bodily injury or disease. <br />$1,000,000.00 per occurrence, <br /> <br />$2,000,000.00 aggregate for bodily injury, <br />personal injury and property damage. <br /> <br />Automobile Liability <br /> <br />$1,000,000.00 per accident, <br />$2,000,000.00 aggregate for <br /> <br />bodily injury and property <br />damage (coverage required to the <br /> <br />extent applicable to LAW FIRM'S <br />vehicle usage in performing work <br /> <br />hereunder). <br /> <br />Any deductibles or self-insured retentions must be declared to, and approved by City. At the option of City <br />either LAW FIRM's insurer shall reduce or eliminate the deductibles or self-insured retentions with respect to <br />City, its Council, commissions, boards, committees, officers, employees and agents or LAW FIRM shall <br />produce a bond guaranteeing payment of losses and related investigations, claim administration and defense <br />expenses. <br /> <br />Concurrently with the execution of this Agreement, LAW FIRM shall furnish City with certificates and copies f <br />information or declaration pages of the insurance required hereunder and, with respect to evidence of <br />commercial general liability and automobile liability insurance coverage, original endorsements: <br /> <br />Agmt-412 <br />F :/SharedIRedwood/Council <br />FXS:djk <br />10/13/00 <br /> <br />10 <br />
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