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July 15, 2024 Page 42 City of San Leandro Post Collection Pollution Legal Liability – $5,000,000 for bodily injury, property damage, and remediation of 1609 contaminated site. 1610 2. Additional Insured. City, its officers, agents, employees, and volunteers shall be named as 1611 additional insured on all but the workers’ compensation endorsements. 1612 3. Said policies shall remain in force through the life of this Agreement and, with the exception 1613 of Pollution Legal liability coverage, shall be payable on a “per occurrence” basis unless City’s 1614 Risk Manager specifically consents in writing to a “claims made” basis. For all “claims made” 1615 coverage, in the event that the Contractor changes insurance carriers, Contractor shall 1616 purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of 1617 this Agreement and not less than three (3) years thereafter. Proof of such “tail” or other 1618 continuous coverage shall be required at any time that the Contractor changes to a new 1619 carrier prior to receipt of any payments due. 1620 4. The deductibles or self-insured retentions are for the account of Contractor and shall be the 1621 sole responsibility of the Contractor. 1622 5. Each insurance policy shall provide or be endorsed to state that coverage shall not be canceled 1623 by either Party, except after thirty (30) calendar days prior written notice has been given to 1624 City Contract Manager. 1625 6. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-VII, 1626 unless otherwise approved by City Risk Manager. 1627 7. The policies shall cover all activities of Contractor, its officers, employees, agents, and 1628 volunteers arising out of or in connection with this Agreement. 1629 8. For any claims relating to this Agreement, the Contractor’s insurance coverage shall be 1630 primary and non-contributory, including as respects City, its officers, agents, employees, and 1631 volunteers. Any insurance maintained by City shall apply in excess of, and not contribute with, 1632 insurance provided by Contractor’s liability insurance policy. 1633 9. The Contractor shall waive all rights of subrogation against City, its officers, employees, 1634 agents, and volunteers. 1635 C. Endorsements Prior to the Effective Date pursuant to this Agreement, Contractor shall furnish City 1636 Manager or City Manager’s designee with certificates or original endorsements reflecting coverage 1637 required by this Agreement. The certificates or endorsements are to be signed by a Person 1638 authorized by that insurer to bind coverage on its behalf. All certificates or endorsements are to be 1639 received by City Risk Manager before work commences. 1640 D. Renewals. During the Term of this Agreement, Contractor shall furnish City Risk Manager with 1641 certificates or original endorsements reflecting renewals, changes in insurance companies, and any 1642 other documents reflecting the maintenance of the required coverage throughout the entire Term 1643 of this Agreement. The certificates or endorsements are to be signed by a Person authorized by that 1644 insurer to bind coverage on its behalf. 1645 E. Workers' Compensation. Contractor shall provide workers’ compensation coverage as required by 1646 State law and shall comply with Section 3700 of the State Labor Code. 1647 F. Contractor Compliance. Contractor shall comply with all requirements of policies and the insurers. 1648 Carrying insurance shall not relieve Contractor from any obligations under this Agreement. Nothing 1649 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C