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<br />Agreement. The Certificate of Insurance shall provide in writing that <br />the insurance afforded by this Certificate shall not be suspended, <br />voided, canceled, reduced in coverage or in limits without providing <br />notice to the City in accordance with California Insurance Code <br />section 677.2 which requires the notice of cancellation to: 1) include <br />the effective date of the cancellation; 2) include the reasons for the <br />cancellation; and 3) be given at least 30 days prior to the effective <br />date of the cancellation, except that in the case of cancellation for <br />nonpayment of premiums or for fraud, the notice shall be given no <br />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, <br />the insured shall provide thirty (30) days prior written notice to the <br />City of any cancellation, suspension, reduction of coverage or in <br />limits, or voiding of the insurance coverage required by this <br />agreement. The City reserves the right to require complete certified <br />copies of policies. <br /> <br />e. Subcontractors. Contractor shall include all subcontractors as insured <br />under its policies or shall furnish separate certificates and <br />endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated in this <br />Agreement, including but not limited to naming additional insureds. <br /> <br />f. Waiver of Subrogation. The insurer agrees to waive all rights of <br />subrogation against the City, its officers, employees, and agents. <br /> <br />g. Defense Costs. Coverage shall be provided on a “pay on behalf of” <br />basis, with defense costs payable in addition to policy limits. There <br />shall be no cross liability exclusions. <br /> <br />6. Independent Contractor. The Contractor is an independent contractor <br />retained by the City. All personnel employed by the Contractor, including <br />subcontractors and personnel of subcontractors, are not and shall not be <br />employees of the City. <br /> <br />7. Contractor’s Warranty. Contractor shall bear the risk of loss or damage to <br />any goods associated with the services until delivered to and accepted by the <br />City. Contractor further warrants that all services provided under this <br />Agreement shall: a) meet all conditions of the Agreement; b) shall be free from <br />all defects; and 3) shall be fit for the purposes intended. If any defects occur <br />within the 12 months following acceptance, Contractor shall be solely <br />responsible for the correction of those defects. <br /> <br />8. Labor Code/Prevailing Wages. The services performed under this Agreement <br />are a “public work” and prevailing wage laws shall apply. No less than the <br />general prevailing rate of per diem wages, and not less than the general <br />prevailing rate of per diem wages for holidays and overtime work, for each <br />craft, classification or type of worker needed to perform the services under this <br />Page 282 of 373