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5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Provider shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Minimum Scope and Limit of Insurance: <br />1. Commercial General Liability Insurance (CGL). Insurance Services Officer <br />Form CG 00 01 covering CGL on an `occurrence" basis, including property <br />damage, bodily injury and personal & advertising injury with limits no less than <br />$1,000,000 per occurrence. If a general aggregate limit applies, either the general <br />aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 <br />04) or the general aggregate limit shall be twice the required occurrence limit. <br />2. Worker's Compensation Insurance. In accordance with California State law, <br />Provider, if Provider has any employees, is required to be insured against liability <br />for worker's compensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Provider agrees to obtain and <br />maintain any employer's liability insurance with limits not less than $1,000,000 per <br />accident. <br />3. Sexual Abuse or Molestation (SAM) Liability. If the CGL policy referenced <br />above is not endorsed to include affirmative coverage for sexual abuse or <br />molestation, Provider shall obtain and maintain a policy covering Sexual Abuse <br />and Molestation with a limit no less than $100,000 per occurrence or claim or an <br />individual instructor and with a limit no less than $1,000,000 per occurrence or <br />claim for an organization. <br />4. Broader Coverage. If the Provider maintains broader coverage and/or higher <br />limits than the minimums shown above, the City requires and shall be entitled to <br />the broader coverage and/or the higher limits maintained by the Provider. Any <br />available insurance proceeds in excess of the specified minimum limits of insurance <br />and coverage shall be available to the City. <br />b. Other Insurance Provisions <br />1. Additional Insured Status: The City, its officers, officials, employees, and <br />volunteers are to be covered as additional insureds on the CGL policy with respect <br />to liability arising out of work or operations performed by or on behalf of the <br />Provider including materials, parts, or equipment famished in connectionwith such <br />work or operations. General liability coverage can be provided in the form of an <br />endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 <br />1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 <br />33, or CG 20 38; and CG 2037 if a later edition is used). <br />3 <br />