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X. <br />1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force <br />during the term of this Agreement a policy of comprehensive commercial public liability insurance <br />insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of <br />or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million <br />Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or <br />occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at <br />least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and <br />volunteers, additional insured; and state that such coverage is primary to any other coverage or self- <br />insurance and CITY. Governmental entities may provide proof of self-insurance. <br />(a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, <br />representatives, employees and volunteers as additional insured's; (2) be primary with respect to <br />insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of <br />insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted <br />arising out of SUBRECIPIENT's operations hereunder. <br />(b) SUBRECIPIENT shall: (1) prior to exercising any right under this <br />Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the <br />CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not <br />be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such <br />insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring <br />prior to the expiration of this Agreement <br />2. Automobile Liability Coverage SUBRECIPIENT shall also obtain and maintain, during <br />the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit <br />unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by <br />SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that <br />SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, <br />participants or other agents to utilize their own automobiles in the performance of this Agreement, <br />SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as <br />self -certification of automobile insurance coverage. Governmental entities may provide proof of self- <br />insurance. <br />3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California <br />Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor <br />Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this <br />Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said <br />insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or <br />modification. <br />4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance <br />covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in <br />accordance with this Agreement. Said insurance shall be in the amount of the full replacement value <br />thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious <br />mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- <br />insurance. <br />12 <br />