9H Consent - Laserfiche WebLink

Home

Consulting Services Agreement between City of San Leandro and Last revised [12/20/2021] East Bay SPCA for Animal Welfare Services Page 9 of 15 4.7 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Consultant to stop work under this Agreement or withhold any payment that remains unpaid or becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. Nothing contained in this Agreement shall create or be construed as creating an agency, partnership, whether general or limited, joint venture, employment relationship or any other relationship other than an independent contractor relationship. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and re-assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant and its employees, agents and subcontractors accomplish services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, age nts, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant and its employees, agents and subcontractors shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant and its employees, agents and subcontractors shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. DocuSign Envelope ID: C0E092D4-CA18-4010-853D-AB1E26C6180C 136