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<br />Consulting Services Agreement between City of San Leandro and Elation Systems, Inc. 7/12/2021 <br /> for Cloud-based Labor Compliance Monitoring and Reporting Page 9 of 17 <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 />4.5.3 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 /> 4.5.4 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 />4.5.5 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 after 30 <br />days’ prior written notice has been provided to the City. <br /> <br />4.5.6 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 /> <br />4.6 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 management program, PINS <br />Advantage. Contractor shall comply with all requirements provided by City related to the <br />PINS Advantage program. <br /> <br />4.7 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 />DocuSign Envelope ID: 11917648-0E4E-466F-8D9B-52D957C9D9C9