My WebLink
|
Help
|
About
|
Sign Out
Home
8E Consent 2012 0702
CityHall
>
City Clerk
>
City Council
>
Agenda Packets
>
2012
>
Packet 2012 0702
>
8E Consent 2012 0702
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/6/2012 2:38:30 PM
Creation date
6/26/2012 5:59:26 PM
Metadata
Fields
Template:
CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/2/2012
Retention
PERM
Document Relationships
_CC Agenda 2012 0702 RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0702
Reso 2012-077
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
20
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
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 <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 by law, 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 />Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by <br />California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to <br />indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. <br />In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services <br />under this Agreement is determined by a court of competent jurisdiction or the California Public Employees <br />Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall <br />indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions <br />Consulting Services Agreement between July 1, 2012 <br />City of San Leandro and BAHBA Page 7 of 13 <br />989837 -1 <br />
The URL can be used to link to this page
Your browser does not support the video tag.