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<br />Consulting Services Agreement between City of San Leandro and Last revised 2/1/23 <br />City Management Advisors LLC as Peckham & McKenney Page 5 of 14 <br />performed by or on behalf of the Consultant; or automobiles owned, <br />leased, 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 <br />the City, its officers, officials, employees, and volunteers. Any insurance <br />or self-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 /> <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall <br />submit 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 <br />licensed professionals performing work pursuant to this Agreement in an amount <br />not less than $1,000,000 covering the licensed professionals’ errors and <br />omissions. Any deductible or self-insured retention shall not exceed $150,000 per <br />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 />b. Insurance must be maintained and evidence of insurance must be <br />provided for at least 5 years after completion of the Agreement or the <br />work, so long as commercially available at reasonable rates. <br /> <br />DocuSign Envelope ID: 6B64131B-B13C-467C-AAD3-B87909A65E28