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b. City, its officers, officials, employees, and volunteers are to be covered as <br />insureds as respects: liability arising out of work or operations performed <br />by or on behalf of the Consultant; or automobiles owned, leased, hired, or <br />borrowed by the Consultant <br />c. For any claims related to this Agreement or the work hereunder, the <br />Consultant's insurance covered shall be primary insurance as respects <br />the City, its officers, officials, employees, and volunteers. Any insurance <br />orself-insurance maintained by the City, its officers, officials, employees, <br />or volunteers shall be excess of the Consultant's insurance and shall not <br />contribute with it. <br />d. Each insurance policy required by this clause shall be endorsed to state <br />that coverage shall not be canceled by either party, except after 30 days' <br />prior written notice has been provided to the City. <br />4.3 All Policies Requirements. <br />4.3.1 Acceptability of insurers. All insurance required by this section is to be placed <br />with insurers with a Bests' rating of no less than A:VII. <br />4.3.2 Verification of coverage. Prior to beginning any work under this Agreement, <br />Consultant shall furnish City with complete copies of all policies delivered to <br />Consultant by the insurer, including complete copies of all endorsements attached <br />to those policies. All copies of policies and endorsements shall show the signature <br />of a person authorized by that insurer to bind coverage on its behalf. If the City <br />does not receive the required insurance documents prior to the Consultant <br />beginning work, it shall not waive the Consultant's obligation to provide them. The <br />City reserves the right to require complete copies of all required insurance policies <br />at any time. <br />4.3.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and <br />obtain the written approval of City for the self-insured retentions and deductibles <br />before beginning any of the services or work called for by any term of this <br />Agreement. At the option of the City, either: the insurer shall reduce or eliminate <br />such deductibles orself-insured retentions as respects the City, its officers, <br />employees, and volunteers; or the Consultant shall provide a financial guarantee <br />satisfactory to the City guaranteeing payment of losses and related investigations, <br />claim administration and defense expenses. <br />4.3.4 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 />4.3.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which <br />any insurer or contractor may require from vendor by virtue of the payment of any <br />Consulting Services Agreement between February 4 2008 <br />City of San Leandro and Barry J. Miller, AICP Page 5 of 13 <br />9$9837-1 <br />