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Agmt 2004 C.Kell-Smith & Associates Inc
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Agmt 2004 C.Kell-Smith & Associates Inc
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8/12/2009 10:10:08 AM
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8/7/2009 10:13:10 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/1/2004
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PERM
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Reso 2004-012
(Approved by)
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\City Clerk\City Council\Resolutions\2004
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obligated to furnish any facility that may involve incurring ariy direct expense, including but not <br />limited to computer, long-distance telephone or other communication charges, vehicles, and <br />reproduction facilities. <br />Section 4. YNSURANCE REQUIREMENTS. Before beginning any work under this <br />Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" <br />insurance against claims for injuries to persons or damages to property that may arise from or in <br />connection with the performance of the work hereunder by the Consultant and its agents, <br />representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to <br />City of such insurance that meets the requirements of this section and under forms of insurance <br />satisfactory in all respects to the City. Consultant shall maintain the insurance policies required <br />by this section throughout the term of this Agreement. The cost of such insurance shall be <br />included in the Consultant's bid. Consultant shall not allow any subcontractor to commence <br />work on any subcontract until Consultant has obtained all insurance required herein for the <br />subcontractor(s) and provided evidence thereof to City. Verification of the required insurance <br />shall be submitted and made part of this Agreement prior to execution. <br />4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, <br />maintain Statutory Workers' Compensation Insurance and Employer's Liability <br />Insurance for any and all persons employed directly or indirectly by Consultant. <br />The Statutory Workers' Compensation Insurance and Employer's Liability <br />Insurance shall be provided with limits of not less than ONE MILLION <br />DOLLARS ($1,000,000.00) per accident In the alternative, Consultant may rely <br />on aself-insurance program to meet those requirements, but only if the program <br />of self-insurance complies fully with the provisions of the California Labor Code. <br />Determination ofwhether aself-insurance program meets the standards of the <br />Labor Cade shall be solely in the discretion of the Contract Administrator. The <br />insurer, if insurance is provided, or the Consultant, if a program of self-insurance <br />is provided, shall waive all rights of subrogation against the City and its officers, <br />officials, employees, and volunteers for loss arising from work performed under <br />this Agreement. <br />An endorsement shall state that coverage shall not be suspended, voided, canceled <br />by either party, reduced in coverage or in limits, except after thirty (30) days' <br />prior written notice by certified mail, return receipt requested, has been given to <br />the City. <br />4.~ Commercial general and Automobile Liability Insurance. <br />4.2.1 General requirements. Consultant, at its own cost and expense, shall <br />maintain commercial general and automobile liability insurance for the <br />term of this Agreement in an amount not less than ONE MILLION <br />DOLLARS ($1,000,000.00) per occurrence, combined single limit <br />coverage for risks associated with the work contemplated by this <br />Agreement. If a Commercial General Liability Insurance or an <br />Consulting Services Agreement between <br />City of San Leandro and C. Kell-Smith & Associates, Inc. Page 4 of 4 <br />
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