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<br />Consulting Services Agreement between <br />City of San Leandro and RMC Water and Environment Page 7 of 14 <br />4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which <br />any insurer or contractor may require from vendor by virtue of the payment of any <br />loss. Consultant agrees to obtain any endorsements that may be necessary to <br />affect this waiver of subrogation. <br /> <br />The Workers’ Compensation policy shall be endorsed with a waiver of subrogation <br />in favor of the entity for all work performed by the Consultant, its employees, <br />agents, and subcontractors. <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 /> <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 /> <br /> Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached <br />Exhibit C, which is incorporated herein and made a part of this Agreement . <br /> <br />Section 6. STATUS OF CONSULTANT. <br /> <br />6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall <br />be an independent contractor and shall not be an employee of City. City shall have the <br />right to control Consultant only insofar as the results of Consultant's services rendered <br />pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; <br />however, otherwise City shall not have the right to control the means by which Consultant <br />accomplishes services rendered pursuant to this Agreement. Notwithstanding any other <br />City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant <br />and any of its employees, agents, and subcontractors providing services under this <br />Agreement shall not qualify for or become entitled to, and hereby agree to waive any and <br />all claims to, any compensation, benefit, or any incident of employment by City, including <br />but not limited to eligibility to enroll in the California Public Employees Retirement System