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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 furnish 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 fully executing this Agreement, Consultant, at its <br />own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance <br />listed below 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, representatives, <br />employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof <br />satisfactory to City of such insurance that meets the requirements of this section and under forms of <br />insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. <br />Consultant shall maintain the insurance policies required by this section throughout the term of this <br />Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shallnot <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. <br />4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain <br />Statutory Workers' Compensation Insurance and Employer's Liability Insurance for <br />any and all persons employed directly or indirectly by Consultant. The Statutory <br />Workers' Compensation Insurance and Employer's Liability Insurance shall be <br />provided with limits of not less than $1,000,000 per accident. In the alternative, <br />Consultant may rely on a self-insurance program to meet those requirements, but <br />only if the program of self-insurance complies fully with the provisions of the <br />California Labor Code. Determination of whether a self-insurance program meets <br />the standards of the California Labor Code shall be solely in the discretion of the <br />Contract Administrator. <br />The Workers' Compensation policy shall be endorsed with a waiver of subrogation <br />in favor of the entity for all work performed by the Consultant, its employees, <br />agendas, and subcontractors. <br />4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall <br />submit the following: <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br />and <br />Waiver of Subrogation Endorsement as required by the section. <br />Consulting Services Agreement between City of San Leandro and Magellan Advisors 07117/2017 <br />for Fiber -Optics Master Plan Page 4 of 15 <br />