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<br />CDBG Agreement with Davis Street FRC – FY16-17
<br />6.2 Workers’ Compensation. Subrecipient shall, at its sole cost and expense, maintain Statutory
<br />Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or
<br />indirectly by Subrecipient. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall
<br />be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
<br />Subrecipient may rely on a self-insurance program to meet those requirements, but only if the program of self-
<br />insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance
<br />program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The
<br />insurer, if insurance is provided, or the Subrecipient, if a program of self-insurance is provided, shall waive all rights
<br />of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work
<br />performed under this Agreement.
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<br /> An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced
<br />in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has
<br />been given to the City.
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<br />6.3 Commercial General and Automobile Liability Insurance.
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<br />a. General requirements. Subrecipient, at its own cost and expense, shall maintain commercial
<br />general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION
<br />DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work
<br />contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other
<br />form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be
<br />performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
<br />Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal
<br />injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this
<br />Agreement, including the use of owned and non-owned automobiles.
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<br /> b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as
<br />Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services
<br />Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form
<br />number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as
<br />broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No
<br />endorsement shall be attached limiting the coverage.
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<br />c. Additional requirements. Each of the following shall be included in the insurance coverage or
<br />added as an endorsement to the policy:
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<br />(1) City and its officers, employees, agents, and volunteers shall be covered as insureds
<br />with respect to each of the following: liability arising out of activities performed by or on behalf of Subrecipient, including
<br />the insured’s general supervision of Subrecipient; products and completed operations of Subrecipient; premises
<br />owned, occupied, or used by Subrecipient; and automobiles owned, leased, or used by the Subrecipient. The
<br />coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees,
<br />agents, or volunteers.
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<br />(2) The insurance shall cover on an occurrence or an accident basis, and not on a claims-
<br />made basis.
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<br />(3) An endorsement must state that coverage is primary insurance with respect to the City
<br />and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City
<br />shall be called upon to contribute to a loss under the coverage.
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<br /> (4) Any failure of SUBRECIPIENT to comply with reporting provisions of the policy shall
<br />not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
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<br />(5) 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' prior written notice by certified mail, return
<br />receipt requested, has been given to the City.
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