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<br />Consulting Services Agreement between City of San Leandro and Last revised 03/16/2022 <br />PlanIT Geo for Trees Master Plan Page 9 of 16 <br />4.5.6 Subcontractors. Consultant shall include all subcontractors as insureds under <br />its policies or shall furnish separate certificates and certified endorsements for <br />each subcontractor. All coverages for subcontractors shall be subject to all of <br />the 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 <br />the 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 <br />time herein required, City may, at its sole option exercise any of the following remedies, <br />which are alternatives to other remedies City may have and are not the exclusive <br />remedy for 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 <br />payment, until Consultant demonstrates compliance with the requirements hereof; <br />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 <br />shall be an independent contractor and shall not be an employee of City. City shall have <br />the right to control Consultant only insofar as the results of Consultant's services <br />rendered pursuant to this Agreement and assignment of personnel pursuant to <br />Subsection 1.3; however, otherwise City shall not have the right to control the means by <br />which Consultant accomplishes services rendered pursuant to this Agreement. <br />Notwithstanding any other City, state, or federal policy, rule, regulation, law, or <br />ordinance to the contrary, Consultant and any of its employees, agents, and <br />subcontractors providing services under this Agreement shall not qualify for or become <br />entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, <br />or any incident of employment by City, including but not limited to eligibility to enroll in <br />the California Public Employees Retirement System (PERS) as an employee of City and <br />entitlement to any contribution to be paid by City for employer contributions and/or <br />employee contributions for PERS benefits. <br />DocuSign Envelope ID: 1AE05CA8-BBD0-405E-A659-A6D2E6473399