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<br />During the period covered by this Agreement, only upon the prior express
<br />written authorization of Contract Administrator, Consultant may increase
<br />such deductibles or self-insured retentions with respect to City, its officers,
<br />employees, agents, and volunteers. The Contract Administrator may
<br />condition approval of an increase in deductible or self-insured retention
<br />levels with a requirement that Consultant procure a bond, guaranteeing
<br />payment of losses and related investigations, claim administration, and
<br />defense expenses that is satisfactory in all respects to each of them.
<br />
<br />4.4.6 Contractors. Consultant shall include all contractors as insureds under its
<br />policies or shall furnish separate certificates and certified endorsements
<br />for each contractor. All coverages for contractors shall be subject to all of
<br />the requirements stated herein.
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<br />4.4.7 Variation. The City may approve a variation in the foregoing insurance
<br />requirements, upon a determination that the coverage, scope, limits, and
<br />forms of such insurance are either not commercially available, or that the
<br />City's interests are otherwise fully protected.
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<br />4.5 Remedies. In addition to any other remedies City may have if Consultant fails to
<br />provide or maintain any insurance policies or policy endorsements to the extent
<br />and within the time herein required, City may, at its sole option exercise any of
<br />the following remedies, which are alternatives to other remedies City may have
<br />and are not the exclusive remedy for Consultant's breach:
<br />
<br />· Obtain such insurance and deduct and retain the amount of the premiums for
<br />such insurance from any sums due under the Agreement;
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<br />· Order Consultant to stop work under this Agreement or withhold any payment
<br />that becomes due to Consultant hereunder, or both stop work and withhold
<br />any payment, until Consultant demonstrates compliance with the requirements
<br />hereof; and/or
<br />
<br />· Terminate this Agreement.
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<br />Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES.
<br />Consultant shall indemnify, defend with counsel reasonably acceptable to the City, and hold
<br />harmless the City and its officials, officers, employees, agents, and volunteers from and against
<br />any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of
<br />any personal injury, bodily injury, loss of life, or damage to property, or any violation of any
<br />federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the
<br />willful misconduct or negligent acts or omissions of Consultant or its employees, contractors, or
<br />agents, by acts for which they could be held strictly liable, or by the quality or character of their
<br />work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life,
<br />damage to property, or violation of law arises wholly from the negligence or willful misconduct
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<br />1/9/06
<br />Page 7 of 24
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<br />Consulting Services Agreement between
<br />City of San Leandro and Monument Arts, Inc.
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