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Master Services MSA between City of San Leandro and 11/17/2021 <br />VIP for Accela Improvements Page 6 of 18 <br />a. The Insurance shall cover on an occurrence or an accident basis, and not <br />on a claims-made basis. <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 VIP; or automobiles owned, leased, <br />hired, or borrowed by the VIP. <br />c. VIP hereby agrees to waive subrogation which any insurer or contractor <br />may require from VIP by virtue of the payment of any loss. VIP agrees to <br />obtain any endorsements that may be necessary to effect this waiver of <br />subrogation. <br />d. For any claims related to this MSA or the work hereunder, the VIP’s <br />insurance coverage shall be primary insurance as respects the City, its <br />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 VIP’s insurance and shall not contribute <br />with it. <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, VIP shall submit the <br />following: <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br />b. Additional Insured Endorsement as required by the section; <br />c. Waiver of Subrogation Endorsement as required by the section; and <br />d. Primary Insurance Endorsement as required by the section. <br />4.3 Professional Liability Insurance. <br />4.3.1 General Requirements. VIP, at its own cost and expense, shall maintain for the <br />period covered by this MSA professional liability insurance for licensed <br />professionals performing work pursuant to this MSA in an amount not less than <br />1,000,000 covering the licensed professionals’ errors and omissions. Any <br />deductible or self-insured retention shall not exceed $150,000 per claim. <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 />a. The retroactive date of the policy must be shown and must be before the <br />date of the MSA. <br />DocuSign Envelope ID: 9F9DB541-0E42-4025-BA38-8A30B1B769DBDocuSign Envelope ID: A6E6ED1E-C240-4C45-AFA2-3D4A68C228A1