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8D Consent 2008 0204
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8D Consent 2008 0204
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2/1/2008 1:41:22 PM
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2/1/2008 1:41:22 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/4/2008
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PERM
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_CC Agenda 2008 0204
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0204
Reso 2008-013
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
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loss. Consultant agrees to obtain any endorsements that may be necessary to <br />affect this waiver of subrogation. <br />4.3.6 Subcontractors. Consultant shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br />4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide <br />or maintain any insurance policies or policy endorsements to the extent and within the time <br />herein required, City may, at its sole option exercise any of the following remedies, which <br />are alternatives to other remedies City may have and are not the exclusive remedy for <br />Consultant's breach: <br />Obtain such insurance and deduct and retain the amount of the premiums for such <br />insurance from any sums due under the Agreement; <br />^ Order Consultant to stop work under this Agreement or withhold any payment that <br />becomes due to Consultant hereunder, or both stop work and withhold any payment, <br />until Consultant demonstrates compliance with the requirements hereof; and/or <br />^ Terminate this Agreement. <br />Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. <br />Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, <br />officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, <br />expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) <br />(collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the <br />Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability <br />caused by the sole negligence or willful misconduct of City. <br />The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's <br />inability to evaluate Liability or because the Consultant evaluates Liability and determines that the <br />Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any <br />claim for defense and indemnity by the City, unless this time has been extended by the City. If the <br />Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any <br />other remedy authorized bylaw, so much of the money due the Consultant under and by virtue of this <br />Agreement as shall reasonably be considered necessary by the City, may be retained by the City until <br />disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the <br />tender of defense, whichever occurs first. <br />With respect to third party claims against the Consultant, the Consultant waives any and all rights of any <br />type to express or implied indemnity against the Indemnitees. <br />Consulting Services Agreement between February 4 2008 <br />City of San Leandro and Barry J. Miller, AICP Page 6 of 13 <br />989837-1 <br />
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