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8K Consent 2021 0628
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8K Consent 2021 0628
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6/23/2021 9:12:56 PM
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6/23/2021 9:12:43 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/28/2021
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Reso 2021-102 LSA Bertrand, Fox, Elliot, Osman & Wenzel
(Approved by)
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\City Clerk\City Council\Resolutions\2021
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<br />Legal Services Agreement between City of San Leandro and Last revised 04/24/2021 <br />Bertrand, Fox, Elliot, Osman & Wenzel for Legal Representation Page 9 of 18 <br />or self-insured retentions as respects the City, its officers, <br />employees, and volunteers; or the Attorney shall provide a financial <br />guarantee satisfactory to the City guaranteeing payment of losses <br />and related investigations, claim administration and defense <br />expenses. <br /> <br />4.5.4 Wasting Policies. No policy required by this Section 4 shall <br />include a “wasting” policy limit (i.e. limit that is eroded by the cost <br />of defense). <br /> <br />4.5.5 Endorsement Requirements. Each insurance policy required by <br />Section 4 shall be endorsed to state that coverage shall not be canceled <br />by either party, except after 30 days’ prior written notice has been <br />provided to the City. <br /> <br />4.5.6 Subcontractors. Attorney shall include all subcontractors as <br />insureds under its policies or shall furnish separate certificates and <br />certified endorsements for each subcontractor. All coverages for <br />subcontractors shall be subject to all of the requirements stated <br />herein. <br /> <br /> <br />4.6 Submittal of Proof of Insurance Coverage. All certificates of insurance <br />and original endorsements effecting coverage required in this Section 4 <br />must be electronically submitted through the City’s online insurance <br />document management program, PINS Advantage. Contractor shall <br />comply with all requirements provided by City related to the PINS <br />Advantage program. <br /> <br />4.7 Remedies. In addition to any other remedies City may have if Attorney <br />fails to provide or maintain any insurance policies or policy endorsements <br />to the extent and within the time herein required, City may, at its sole <br />option exercise any of the following remedies, which are alternatives to <br />other remedies City may have and are not the exclusive remedy for <br />Attorney’s breach: <br /> <br /> Obtain such insurance and deduct and retain the amount of the <br />premiums for such insurance from any sums due under the <br />Agreement; <br /> <br /> Order Attorney to stop work under this Agreement or withhold any <br />payment that becomes due to Attorney hereunder, or both stop work <br />and withhold any payment, until Attorney demonstrates compliance <br />with the requirements hereof; and/or <br />432
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