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<br />Consulting Services Agreement between August 1, 2021 – June 30, 2022 <br />City of San Leandro and Koff & Associates Page 7 of 14 <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. <br /> <br />4.5.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to City the <br />self-insured retentions and deductibles before beginning any of the services or <br />work called for by any term of this Agreement. At the option of the City, either: the <br />insurer shall reduce or eliminate such deductibles or self-insured retentions as <br />respects the City, its officers, employees, and volunteers; or the Consultant shall <br />provide a financial guarantee satisfactory to the City guaranteeing payment of <br />losses and related investigations, claim administration and defense expenses. <br /> <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 /> 4.5.5 Endorsement Requirements. Any cancelled or non-renewed policy will be <br />replaced with no coverage gap and a current Certificate of Insurance will be <br />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 />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 /> 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 />DocuSign Envelope ID: 8C55835A-323E-4FBB-862F-5C1FF8F2B7CB