Laserfiche WebLink
<br />Non-Professional Services Agreement between March 23, 2026 <br />City of San Leandro and Hale International Page 9 of 18 <br />4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall <br />be endorsed to state that coverage shall not be canceled by either party, except <br />after 30 days’ prior written notice has been provided to the City. <br /> <br />4.4.6 Subcontractors. Contractor shall include coverage of services provided by all <br />subcontractors under its policies. Contractor shall require and verify that all <br />subcontractors maintain Commercial Liability insurance and Workers’ <br />Compensation . <br /> <br />4.4.7 Excess Insurance. If Contractor maintains higher insurance limits than the <br />minimum amounts required by this Agreement, City requires and shall be entitled <br />to coverage for the higher limits maintained by Contractor. Any available insurance <br />proceeds in excess of the specified minimum limits of insurance and coverage <br />shall be available to the City. <br /> <br />4.4.8 Variation. The City may approve a variation in the foregoing insurance <br />requirements, upon a determination that the coverage, scope, limits, and forms of <br />such insurance are either not commercially available, or that the City’s interests <br />are otherwise fully protected. <br /> <br />4.5 Submittal of Proof of Insurance Coverage. All certificates of insurance and original <br />endorsements effecting coverage required in this Section 4 must be electronically <br />submitted through the City’s online insurance document management program. Contractor <br />shall comply with all requirements provided by City related to the online insurance <br />document program. <br /> <br />4.6 Remedies. In addition to any other remedies City may have if Contractor fails to provide <br />or maintain any insurance policies or policy endorsements to the extent and within the time <br />herein required, City may, at its sole option exercise any of the following remedies, which <br />are alternatives to other remedies City may have and are not the exclusive remedy for <br />Contractor’s breach: <br /> <br /> Order Contractor to stop work under this Agreement or withhold any payment that <br />becomes due to Contractor hereunder, or both stop work and withhold any payment, <br />until Contractor demonstrates compliance with the requirements hereof; and/or <br /> <br /> Terminate this Agreement. <br /> <br />Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall <br />indemnify, defend with counsel acceptable to City (such acceptance shall only be withheld in the case of a <br />conflict of interest), and hold harmless with counsel acceptable to City, City and its officers, officials, <br />employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, <br />and costs (including without limitation, reasonable attorney’s fees and costs and fees of litigation) <br />(collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the <br />Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability <br />caused by the sole negligence or willful misconduct of City. <br />Docusign Envelope ID: 8CEC46FA-462C-43AB-90C6-6BF0CA7BCC18