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<br /> <br />Consulting Services Agreement between City of San Leandro and 07/01/2020 <br />Nelson\Nygaard Consulting Associates, Inc. for FLEX Shuttle Paratransit Page 8 of 15 <br />Consulting Services <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, such approval shall not be unreasonably withheld <br /> <br />4.4.4 Wasting Policies. Except for Professional Liability, no policy required by this <br />Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of <br />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 Cit y, except 10 days for <br />nonpayment of premium. <br /> <br />4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its <br />policies or shall furnish separate certificates and endorsements for each <br />subcontractor. All coverages for subcontractors shall be subject to all of the <br />requirements stated herein. <br /> <br /> <br />4.5 Submittal of Proof of Insurance Coverage. All certificates of insurance and original <br />endorsements effecting coverage required in this Section 4 must be electronically <br />submitted through the City’s online insurance document managem ent program, PINS <br />Advantage. Contractor shall comply with all requirements provided by City related to the <br />PINS Advantage program. <br /> <br />4.6 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 remedie s, 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 />DocuSign Envelope ID: C75EF7D5-7859-4B03-82A6-20F225DE3B68