10A Action 2009 0706 - Laserfiche WebLink

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EXHIBIT F General Provisions 1. INDEPENDENT PARTICIPANT. At all times during the term of this Agreement, Participant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Participant only insofar as the results of Participant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Participant accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Participant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Participant to practice its profession. Participant represents and warrants to City that Participant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Participant to practice its profession. In addition to the foregoing, Participant shall obtain and maintain during the term hereof a valid business license in the city where construction will take place. 3. TIME. Participant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Participant's obligations pursuant to this Agreement. 4. INSURANCE. Participant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Participant, its agents, representatives, employees, contractors or subcontractors. Consistent with the follov~ing provisions, Participant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Participant shall maintain the insurance policies required by this section throughout the term of this Agreement, Participant shall not allow any contractor to commence work until Participant has obtained all insurance required herein for the contractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Participant shall maintain all required insurance listed herein for the duration of this Agreement. A. Workers' Compensation. Participant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Participant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Participant may rely on aself-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether aself-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Participant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. Fiscal Year 09-10 F-1 General Provisions Capital Improvement Loan Agreement