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Attachment A - DRAFT RFP No. 60149 Comprehensive Parks Master Plan Page 22 of 44 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 Submittal of Proof of Insurance Coverage. All certificates of insurance and original endorsements effecting coverage required in this Section 4 must be electronically submitted through the City and school districts’ online insurance document management program, PINS Advantage. Contractor shall comply with all requirements provided by City and school districts related to the PINS Advantage program. 4.6 Remedies. In addition to any other remedies City and school districts 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 and school districts may, at its sole option exercise any of the following remedies, which are alternatives to other remed ies City and school districts 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 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 and school districts. City and school districts shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City and school districts shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City and school districts, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this A greement 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 and school districts, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and school districts and entitlement to any contribution to be paid by City and school districts for employer contributions and/or employee contributions for PERS benefits.