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<br />Non-Professional Services Agreement between January 12, 2023 City of San Leandro and SWIMS Page 7 of 16 <br />a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the SWIMS; or automobiles owned, leased, hired, or borrowed by the SWIMS. c. SWIMS hereby agrees to waive subrogation which any insurer or SWIMS may require from vendor by virtue of the payment of any loss. SWIMS agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the SWIMS’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the SWIMS’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, SWIMS shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, SWIMS shall furnish City with complete copies of all Certificates of Liability Insurance delivered to SWIMS by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the SWIMS beginning work, it shall not waive the SWIMS’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. <br />DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567