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Master Services MSA between City of San Leandro and 11/17/2021 <br />VIP for Accela Improvements Page 9 of 18 <br />self-insured retentions as respects the City, its officers, employees, and <br />volunteers; or the VIP shall provide a financial guarantee satisfactory to the City <br />guaranteeing payment of losses and related investigations, claim administration <br />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 />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 />4.5.6 Subcontractors. VIP 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 />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 />4.7 Remedies. In addition to any other remedies City may have if VIP fails to provide or <br />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 />VIP’s breach: <br />Obtain such insurance and deduct and retain the amount of the premiums for such <br />insurance from any sums due under the MSA; <br />Order VIP to stop work under this MSA or withhold any payment that becomes due to <br />VIP hereunder, or both stop work and withhold any payment, until VIP demonstrates <br />compliance with the requirements hereof; and/or <br />Terminate this MSA. <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 MSA. <br />Section 6. STATUS OF CONSULTANT. <br />6.1 Independent Contractor. At all times during the term of this MSA, VIP shall be an <br />independent contractor and shall not be an employee of City. City shall have the right to <br />DocuSign Envelope ID: 9F9DB541-0E42-4025-BA38-8A30B1B769DBDocuSign Envelope ID: A6E6ED1E-C240-4C45-AFA2-3D4A68C228A1