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<br />d. Certificate of Insurance and Endorsements. Contractor shall file a certificate of insurance and all required endorsements with the <br />City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this <br />Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be <br />suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California <br />Insurance Code section 677.2 which 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 cancellation, except that in the case <br />of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of <br />the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) <br />days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance <br />coverage required by this agreement. The City reserves the right to require complete certified copies of policies. <br /> <br />7. Independent Contractor. The Contractor is an independent contractor. All personnel employed by the Contractor, including <br />subcontractors, and personnel of said subcontractors, are not and shall not be employees of the City. <br /> <br />8. Te rmination. City may terminate this Agreement at any time and for any reason by mailing notice to Contractor at the address first stated <br />above. Contractor shall be paid for that portion of goods accepted or services completed when notice is received. <br /> <br />9. No Assignment And Subcontracting. Contractor shall not assign or subcontract this Agreement. <br /> <br />10. Waiver. A waiver of any breach of this Agreement shall not constitute a waiver of any other breaches of this Agreement. <br /> <br />11. Compliance With Laws. Contractor shall comply with all laws, regulations and rules, including the city's business license ordinance and <br />applicable safety and environmental laws, regulations and rules. Contractor shall bear full and exclusive responsibility for any release of <br />hazardous or nonhazardous substances and disposal of hazardous wastes. <br /> <br />12. Governing Law. This Agreement shall be governed by the laws of the State of California, with venue for any action under this <br />Agreement occurring in the Alameda County Superior Court or Federal District Court for Northern California. <br /> <br />13. Labor Code/Prevailing Wages. Contractor shall comply with the applicable requirements of the California Labor Code, including but not <br />limited to hours of labor, nondiscrimination, payroll records, apprentices, Workers' Compensation and prevailing wages. Contractor shall <br />post, at each job site, a copy of the prevailing rate of per diem wages. The Contractor shall forfeit fifty dollars ($50.00) for each calendar <br />day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by <br />Contractor or by any subcontractor. <br /> <br /> <br /> <br /> <br /> <br />Docusign Envelope ID: 28EBB02D-6254-884A-8248-C7B84E488C62