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8I Consent 2014 1103
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8I Consent 2014 1103
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Last modified
11/14/2014 10:08:44 AM
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10/29/2014 9:32:41 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/3/2014
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_CC Agenda 2014 1103 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1103
Reso 2014-119
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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4.4.3 Deductibles and Self-insured Retentions. Attorney shall disclose to and obtain <br />the written approval of City for the self-insured retentions and deductibles before <br />beginning any of the services or work called for by any term of this Agreement. At <br />the option of the City, either: the insurer shall reduce or eliminate such deductibles <br />or self-insured retentions as respects the City, its officers, employees, and <br />volunteers; or the Attorney shall provide a financial guarantee satisfactory to the <br />City guaranteeing payment of losses and related investigations, claim <br />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 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 />4.4.6 Subcontractors. Attorney 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 Attorney fails to provide or <br />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 />Attorney'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 Attorney to stop work under this Agreement or withhold any payment that <br />becomes due to Attorney hereunder, or both stop work and withhold any payment, <br />until Attorney demonstrates compliance with the requirements hereof; and/or <br />■ Terminate this Agreement. <br />Section 5. INDEMNIFICATION AND ATTORNEY'S RESPONSIBILITIES. Refer to the attached <br />Exhibit C, which is incorporated herein and made a part of this Agreement. <br />Section 6. STATUS OF ATTORNEY. <br />6.1 Independent Contractor. At all times during the term of this Agreement, Attorney shall be <br />an independent contractor and shall not be an employee of City. Notwithstanding any <br />other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, <br />Attorney and any of its employees, agents, and subcontractors providing services under <br />Consulting Services Agreement between January 22, 2014 <br />City of San Leandro and Jarvis, Fay, Doporto & Gibson, LLP Page 7 of 13 <br />
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