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<br />Consulting Services Agreement between City of San Leandro and Last revised 6/22/22 <br />Kevin E. Hart for Emergency Preparedness Consulting Services Page 8 of 15 <br />management program, EBIX. Contractor shall comply with all requirements <br />provided by City related to EBIX. <br /> <br />4.7 Remedies. In addition to any other remedies City may have if Consultant fails to <br />provide or maintain any insurance policies or policy endorsements to the extent <br />and within the time herein required, City may, at its sole option exercise any of <br />the following remedies, which are alternatives to other remedies City may have <br />and are not the exclusive remedy for Consultant’s breach: <br /> <br /> Obtain such insurance and deduct and retain the amount of the premiums for <br />such insurance from any sums due under the Agreement; <br /> <br /> Order Consultant to stop work under this Agreement or withhold any payment <br />that becomes due to Consultant hereunder, or both stop work and withhold <br />any payment, until Consultant demonstrates compliance with the <br />requirements hereof; and/or <br /> <br /> Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the <br />attached Exhibit C, which is incorporated herein and made a part of this <br />Agreement. <br /> <br />Section 6. STATUS OF CONSULTANT. <br /> <br />6.1 Independent Contractor. At all times during the term of this Agreement, <br />Consultant and its employees, agents and subcontractors shall be an <br />independent contractor and shall not be an employee of City. City shall have the <br />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 <br />means by which Consultant accomplishes services rendered pursuant to this <br />Agreement. Notwithstanding any other City, state, or federal policy, rule, <br />regulation, law, or ordinance to the contrary, Consultant and any of its <br />employees, agents, and subcontractors providing services under this Agreement <br />shall not qualify for or become entitled to, and hereby agree to waive any and all <br />claims to, any compensation, benefit, or any incident of employment by City, <br />including but not limited to eligibility to enroll in the California Public Employees <br />Retirement System (PERS) as an employee of City and entitlement to any <br />contribution to be paid by City for employer contributions and/or employee <br />contributions for PERS benefits. <br /> <br />6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant <br />and its employees, agents and subcontractors shall have no authority, express or <br />implied, to act on behalf of City in any capacity whatsoever as an agent. <br />Consultant shall have no authority, express or implied, pursuant to this <br />Agreement to bind City to any obligation whatsoever. <br /> <br />Section 7. LEGAL REQUIREMENTS. <br /> <br />DocuSign Envelope ID: FC24B986-8DA6-46D2-8929-47308045E445