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11
City of Pleasanton
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CITY CLERK
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2010
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060110
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11
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4/13/2011 4:42:39 PM
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5/26/2010 4:57:11 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
6/1/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
11
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iii. Any failure to comply with reporting provisions of the policies shall not <br /> affect coverage provided to the CITY, its officers, officials, employees <br /> or volunteers. <br /> iv. The OPERATOR'S insurance shall apply separately to each insured <br /> against whom claim is made or suit is brought, except with respect to the <br /> limits of the insurer's liability. <br /> d) OPERATOR shall either require each subcontractor, licensee, <br /> concessionaire or tenant providing services under this Agreement to procure and to maintain <br /> Commercial General Liability and Automobile Liability Insurance in the amounts specified in <br /> Subsections (a) and (b), above, or shall insure the activities of subcontractors in the policies <br /> specified therein. <br /> 11.01.2 Workers' Compensation Insurance. During the term of this Agreement, <br /> OPERATOR shall secure payment of statutory Workers' Compensation benefits to <br /> OPERATOR's employees at the Golf Course in accordance with the Labor Code of the State of <br /> California and Employers Liability Insurance in an amount not less than $1,000,000 per <br /> accident, disease or injury, and an endorsement for waiver of subrogation, and shall sign and <br /> file with CITY the following certification, or a copy of the Workers' Compensation Insurance <br /> Certificate, prior to commencing any work under this Agreement: <br /> "The undersigned is aware of, and will comply with, Divisions 4 and 5 of the California <br /> Labor Code by securing, paying for, and maintaining in full force and effect for the <br /> duration of the Agreement, complete workers compensation insurance, and shall furnish <br /> a certificate of insurance to City prior to the commencement of the term of the <br /> Agreement." <br /> Unless OPERATOR provides evidence of self insurance satisfactory to CITY, <br /> OPERATOR shall not commence the performance of any services under this Agreement until <br /> CITY is provided with a certificate of insurance issued by an insurance company licensed to <br /> write Worker's Compensation Insurance in the State of California. Such certificate shall <br /> evidence workers' compensation insurance meeting all statutory requirements of the State of <br /> California and employer's liability insurance. The certificate of insurance shall include the <br /> name of the carrier and the expiration date of the insurance. <br /> OPERATOR shall ensure that all of the employees of any subcontractor, licensee, <br /> concessionaire or tenant providing services under this Agreement are similarly covered by <br /> workers' compensation and employer's liability insurance. <br /> CITY shall not be responsible for any claims in law or equity occasioned by the failure <br /> of OPERATOR to comply with this Section 11.01.2 or with the provisions of California law <br /> related to workers compensation insurance. <br /> 37 <br />
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