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8E Consent 2009 0504
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8E Consent 2009 0504
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5/1/2009 10:47:03 AM
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5/1/2009 10:47:02 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/4/2009
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_CC Agenda 2009 0504
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0504
Reso 2009-060
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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c. If coverage is canceled or not renewed and it is not replaced with another <br />claims-made policy form with a retroactive date that precedes the date of <br />this Agreement, Consultant shall purchase an extended period coverage <br />for a minimum of five years after completion of work under this <br />Agreement. <br />A copy of the claim reporting requirements must be submitted to the City <br />for review prior to the commencement of any work under this Agreement. <br />4.3.3 Additional Requirements. A certified endorsement to include contractual liability <br />shall be included in the policy <br />4.4 All Policies Requirements. <br />4.4.1 Acceptability of insurers. All insurance required by this section is to be placed <br />with insurers with a Bests' rating of no less than A:VII. <br />4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, <br />Consultant shall furnish City with complete copies of all policies delivered to <br />Consultant by the insurer, including complete copies of all endorsements attached <br />to those policies. All copies of policies and certified endorsements shall show the <br />signature of a person authorized by that insurer to bind coverage on its behalf. If <br />the City does not receive the required insurance documents prior to the Consultant <br />beginning work, it shall not waive the Consultant's obligation to provide them. The <br />City reserves the right to require complete copies of all required insurance policies <br />at any time. <br />4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and <br />obtain the written approval of City for the self-insured retentions and deductibles <br />before beginning any of the services or work called for by any term of this <br />Agreement. At the option of the City, either: the insurer shall reduce or eliminate <br />such deductibles orself-insured retentions as respects the City, its officers, <br />employees, and volunteers; or the Consultant shall provide a financial guarantee <br />satisfactory to the City guaranteeing payment of losses and related investigations, <br />claim administration and defense expenses. <br />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 />Consulting Services Agreement between 08-593-52-243 <br />City of San Leandro and Freyer & Laureta, Inc. Page 6 <br />
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