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8G Consent 2008 0219
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8G Consent 2008 0219
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Last modified
2/15/2008 10:51:05 AM
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2/15/2008 10:51:04 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/19/2008
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_CC Agenda 2008 0219
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0219
RDA Reso 2008-005
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
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4.4.6 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 />4.5 Remedies. In addition to any other remedies Agency may have if Consultant fails to <br />provide or maintain any insurance policies or policy endorsements to the extent and within <br />the time herein required, Agency may, at its sole option exercise any of the following <br />remedies, which are alternatives to other remedies Agency may have and are not the <br />exclusive remedy for 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 Agency, and hold harmless Agency and its <br />officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, <br />claims, 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 Agency. <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 Agency, unless this time has been extended by the Agency. 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 Agency, may be retained by the Agency <br />until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects <br />the 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 20, 2008 <br />Redevelopment Agency of San Leandro and BFWC Page 7 of 14 <br />989837-1 <br />
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