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8G Consent 2014 1006
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8G Consent 2014 1006
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10/9/2014 11:03:37 AM
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10/1/2014 10:28:30 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/6/2014
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_CC Agenda 2014 1006 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1006
Reso 2014-111
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\City Clerk\City Council\Resolutions\2014
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<br /> <br />Consulting Services Agreement between Project No. 2006.0110 <br />City of San Leandro and ESA Page 7 of 14 <br />4.4 All Policies Requirements. <br /> <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 /> <br />4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, <br />Consultant shall furnish City with complete copies of al l Certificates of Liability <br />Insurance delivered to Consultant by the insurer, including complete copies of all <br />endorsements attached to the policies. All copies of Certificates of Liability <br />Insurance and certified endorsements shall show the signature of a person <br />authorized by that insurer to bind coverage on its behalf. If the City does not <br />receive the required insurance documents prior to the Consultant beginning work, <br />it shall not waive the Consultant’s obligation to provide them. The City reserves <br />the right to require complete copies of all required insurance policies at any time. <br /> <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 or self-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 /> <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 /> <br />4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall <br />be endorsed to state that coverage shall not be canceled by either party, except <br />after 30 days’ prior written notice has been provided to the City. <br /> <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 /> <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 /> <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 />
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