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. <br /> <br /> <br />Consulting Services Agreement between City of San Leandro and Foster & Foster 12/12/2022 <br />Actuarial Consulting Services for CalPERS Analysis Page 6 of 15 <br />a. The Insurance shall cover on an occurrence or an accident basis, and not <br />on a claims-made basis. <br /> <br />b. City, its officers, officials, employees, and volunteers are to be covered as <br />additional insureds as respects: liability arising out of work or operations <br />performed by or on behalf of the Consultant; or automobiles owned, leased, <br />hired, or borrowed by the Consultant. <br /> <br />c. Consultant hereby agrees to waive subrogation which any insurer or <br />contractor may require from vendor by virtue of the payment of any loss. <br />Consultant agrees to obtain any endorsements that may be necessary to <br />effect this waiver of subrogation. <br /> <br />d. For any claims related to this Agreement or the work hereunder, the <br />Consultant’s insurance coverage shall be primary insurance as respects the <br />City, its officers, officials, employees, and volunteers. Any insurance or self- <br />insurance maintained by the City, its officers, officials, employees, or <br />volunteers shall be excess of the Consultant’s insurance and shall not <br />contribute with it. <br /> <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit <br />the following: <br /> <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br /> <br />b. Additional Insured Endorsement as required by the section; <br /> <br />c. Waiver of Subrogation Endorsement as required by the section; and <br /> <br />d. Primary Insurance Endorsement as required by the section. <br /> <br />4.3 Professional Liability Insurance. <br /> <br />4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain <br />for the period covered by this Agreement professional liability insurance for licensed <br />professionals performing work pursuant to this Agreement in an amount not less <br />than $1,000,000.00 (ONE MILLION DOLLARS) covering the licensed professionals’ <br />errors and omissions. Any deductible or self-insured retention shall not exceed <br />$150,000 per claim. <br /> <br />4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional <br />liability coverage is written on a claims-made form: <br /> <br />a. The retroactive date of the policy must be shown and must be before the <br />date of the Agreement. <br /> <br />DocuSign Envelope ID: 1BEB6A68-E2EB-4930-BE17-88C23D3970B2