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Agmt 2004 Kennedy Jenks Consultants
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Agmt 2004 Kennedy Jenks Consultants
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Last modified
8/12/2009 10:15:55 AM
Creation date
8/7/2009 11:09:27 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/2/2004
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PERM
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Reso 2004-016
(Approved by)
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\City Clerk\City Council\Resolutions\2004
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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 />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 />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 />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 />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 />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 />^ Obtain such insurance and deduct and retain the amount of the premiums for <br />such insurance from any sums due under the Agreement; <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 />any payment, until Consultant demonstrates compliance with the requirements <br />hereof; and/or <br />Consulting Services Agreement between February 2, 2004 <br />City of San Leandxo and Kennedy/Jerks Consultants Page 7 of 19 <br />
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