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8E Consent 2007 0319
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8E Consent 2007 0319
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5/4/2007 12:41:01 PM
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3/14/2007 3:39:56 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/19/2007
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_CC Agenda 2007 0319
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0319
Reso 2007-040
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />, . <br /> <br />coverage shall contain no special limitations on the scope of protection <br />afforded to City or its officers, employees, agents, or volunteers. <br /> <br />A certified endorsement shall be attached to all policies stating that <br />coverage is primary insurance with respect to the City and its officers, <br />officials, employees and volunteers, and that no insurance or self- <br />insurance maintained by the City shall be called upon to contribute to a <br />loss under the coverage. <br /> <br />4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to <br />and obtain the approval of City for the self-insured retentions and <br />deductibles before beginning any of the services or work called for by any <br />term of this Agreement. <br /> <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 Subcontractors. Consultant shall include all subcontractors as insureds <br />under its policies or shall furnish separate certificates and certified <br />endorsements for each subcontractor. All coverages for subcontractors <br />shall be subject to all of the requirements stated herein. <br /> <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. <br /> <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; <br /> <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 /> <br />Consulting Services Agreement between <br />City of San Leandro and Kennedy/Jenks Consultants <br /> <br />March 19, 2007 <br />Page 7 of17 <br />
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