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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole <br /> cost and expense, provide all facilities and equipment that may be necessary to perform the services <br /> required by this Agreement. City shall make available to Consultant only the facilities and equipment listed <br /> in this section, and only under the terms and conditions set forth herein. <br /> City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be <br /> reasonably necessary for Consultant's use while consulting with City employees and reviewing records and <br /> the information in possession of the City. The location, quantity, and time of furnishing those facilities shall <br /> be in the sole discretion of City. In no event shall City be obligated to fumish any facility that may involve <br /> incurring any direct expense, including but not limited to computer, long - distance telephone or other <br /> communication charges, vehicles, and reproduction facilities. <br /> Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, <br /> Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and <br /> amounts of insurance listed below against claims for injuries to persons or damages to property that may <br /> arise from or in connection with the performance of the work hereunder by the Consultant and its agents, <br /> representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall <br /> provide proof satisfactory to City of such insurance that meets the requirements of this section and under <br /> forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to <br /> the City. Consultant shall maintain the insurance policies required by this section throughout the term of <br /> this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not <br /> allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance <br /> required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. <br /> VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS <br /> AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for <br /> the duration of this Agreement. <br /> 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain <br /> Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any <br /> and all persons employed directly or indirectly by Consultant. The Statutory Workers' <br /> Compensation Insurance and Employer's Liability Insurance shall be provided with limits of <br /> not less than 81,000,000 per accident. In the alternative, Consultant may rely on a self - <br /> insurance program to meet those requirements, but only if the program of self - insurance <br /> complies fully with the provisions of the California Labor Code. Determination of whether a <br /> self- insurance program meets the standards of the California Labor Code shall be solely in <br /> the discretion of the Contract Administrator. The insurer, if insurance is provided, or the <br /> Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation <br /> against the City and its officers, officials, employees, and volunteers for loss arising from <br /> work performed under this Agreement. <br /> 4.2 Commercial General and Automobile Liability Insurance. <br /> 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain <br /> commercial general liability insurance for the term of this Agreement in an amount <br /> Consulting Services Agreement between Project No. 08- 593 -52 -239 <br /> City of San Leandro and CTS, Inc. Page 4 of 14 <br />