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<br />Consulting Services Agreement between City of San Leandro and Last revised [01/16/2026] <br />SmartWAVE Technologies, LLC. for Public Wifi and Annual Support Page 6 of 17 <br />Consultant’s insurance at least as broad as [FOR DESIGN <br />PROFESSIONALS: CG 20 07; FOR ALL OTHER AGREEMENTS: CG <br />20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01]. <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. Additional insured endorsement coverage under <br />Consultant’s policy shall be at least as broad as Insurance Services Office <br />form CG 20 10 04 13. <br /> <br />5.2.4 Submittal Requirements. To comply with Subsection 5.2 (Commercial General <br />and Automobile Liability Insurance), Consultant shall 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 />5.3 Professional Liability Insurance. <br /> <br />5.3.1 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 one million dollars ($1,000,000) per occurrence or claim covering the <br />licensed professionals’ errors and omissions. Any deductible or self-insured <br />retention shall not exceed $150,000 per claim. <br /> <br />5.3.2 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 />Docusign Envelope ID: 6C9393F7-8FB6-443A-AAEC-4DB217E538B9