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<br />Consulting Services Agreement between City of San Leandro and GovInvest 09/07/2023 <br /> Page 6 of 16 <br />4.2.3 Additional Requirements. Each of the following shall be included in the <br />insurance coverage or added as a certified endorsement to the policy: <br /> <br />a. The Insurance shall cover on an occurrence or an accident basis, an d 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, <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 /> <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 $2,000,000.00 (TWO MILLION DOLLARS) covering the licensed <br />professionals’ errors and omissions. Any deductible or self-insured retention shall <br />not exceed $150,000.00 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 />DocuSign Envelope ID: 5769F8D8-DA08-43A8-9B8F-4D070891EBFA