|
<br /> 8A
<br /> Page 23
<br /> It is expressly understood that this is an agreement between two (2)
<br />independent contractors and that no agency, employee, partnership, joint
<br />venture or other relationship is established by this Agreement. The intent of City
<br />and Contractor is to create an independent contractor relationship.
<br />4. HOLD HARMLESS
<br /> The Contractor shall indemnify and save harmless the City, its Council,
<br />and its officers, boards, commissions, agents and employees (collectively,
<br />"Indemnities") from all claims, suits or actions of every n~rl1e, kind and
<br />description, brought for, or on account of, injuries to ord~~th of any person,
<br />including Contractor, or damage to property of any .kil1dWhE:lt~oever and to
<br />whomsoever belonging, including but not limitedto,the conc\lrrent passive
<br />negligence of the City, its Council, and its officers, boards, commissions, agents,
<br />and employees, resulting from the performa.t1q6of any work requif~d by this
<br />Agreement of Contractor, its officers, ag~pts,employ~es and/or seN~nts,
<br />provided that this shall not apply to injurle$()r dam~gefor which Indemnities, or
<br />anyone of them have been found in a courto:fqpmpetent jurisdiction to be solely
<br />liable by reason of its own negligenqe or willfulmi~conduct.
<br /> ..
<br /> ." ,,'---.-' . '"
<br /> " ' . " ",'
<br /> The duty of the Contract6ft() ir"lde.ml1ify ands~ve harmless, as set forth
<br />herein, shall include the duty to defend as"setforth in Section 2778 of the
<br />California Civil Code.
<br /> 5,
<br /> "',
<br /> '~.:~
<br />Contractor shallacquireiand ..mail1tain :Workers Compensation, employer's
<br />liability, . comprehensive\igeneral liability, owned and non-owned and hired
<br />autolTlobUe.liabilityjnsurappe coverage (if applicable as indicated below) relating
<br />to C()ntractor's activities fUDded hereunder covering City's risks in form subject to
<br />theiapproval of the..~itY~ttorney. The minimum amounts of coverage
<br />correspQnding to the'aforesaid categories of insurance per insurable event, shall
<br />be as follows: . ,.
<br /> Insurance CateQorv Minimum Limits
<br /> Workers Compensation statutory minimum
<br /> Employer's Liability $1,000,000 per accident
<br /> for bodily injury, personal
<br /> injury and property damage
<br /> Comprehensive General $1,000,000 per occurrence
<br /> Liability for bodily injury, personal
<br /> injury, and property damage
<br />1:2006 STAFF REPORTS/04-2006/ACTION PLAN ADOPT/Cedar St Acquisition 3
<br />
|