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8H Consent 2009 0406
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8H Consent 2009 0406
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4/3/2009 10:39:50 AM
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4/3/2009 10:39:49 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/6/2009
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_CC Agenda 2009 0406
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0406
Reso 2009-048
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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4,4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" <br />policy limit (i.e. limit that is eroded by the cost of defense). <br />4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which <br />any insurer or contractor may require from vendor by virtue of the payment of any <br />loss. Consultant agrees to obtain any endorsements that may be necessary to <br />affect this waiver of subrogation. <br />The Workers' Compensation policy shall be endorsed with a waiver of subrogation <br />in favor of the entity for all work performed by the consultant, its employees, <br />agents, and subcontractors. <br />4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and certified 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 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. Consultant shall, to the <br />fullest extent allowed bylaw, with respect to all Services performed in connection with this Agreement, <br />defend with counsel acceptable to City, indemnify and hold City, its officers, employees, agents, and <br />volunteers, harmless from and against any and all claims, to the extent actually caused by, that arise out of, <br />pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). <br />Consultant will bear reasonable losses, costs, damages, expense and liability of every kind, nature and <br />description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"), <br />Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such <br />Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City, <br />With respect to third party claims against the Consultant, the Consultant waives any and all rights of any <br />type of expressed or implied indemnity against the Indemnitees. <br />Consulting Services Agreement between 08-144-39-012 <br />City of San Leandro and Mark Thomas & Company, Inc. Page 7 <br />
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