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This agreement serves as a specimen for all agreements referenced in the action to be prepared and executed once approved.
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<br /> claims, resulting from or arising out of the negligent acts, errors or omission of CONTRACTOR, its
<br /> employees or subcontractors.
<br /> B. CONTRACTOR shall indemnify and save harmless CITY, its officers, agents
<br /> and employees, from and against any and all damages to property or injuries to or death of any person
<br /> or persons, including property and employees or agents of CITY, and shall defend, indemnify and save
<br /> harmless CITY, its officers, agents and employees, from and against any and all claims, demands,
<br /> suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts
<br /> of CONTRACTOR, its employees or subcontractors.
<br /> VIII.
<br /> INSURANCE
<br /> 1. Commercial General Liabilitv. CONTRACTOR 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 State of California, CITY, and CONTRACTOR against any liability for accident, injury or
<br /> death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not
<br /> less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in
<br /> any single accident or occurrence. Said policy of comprehensive public liability insurance shall be
<br /> endorsed to provide to CITY and to the State of California, Employment Development Department, at
<br /> least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees,
<br /> and volunteers, and the State of California, its officers, employees, and volunteers as additional
<br /> insured; and state that such coverage is primary to any other coverage or self-insurance of the State of
<br /> California and CITY. Governmental entities may substitute a certificate of self-insurance. it
<br /> 2. Automobile Liabilitv Coverage. CONTRACTOR shall also obtain and maintain,
<br /> during the effective period of this Agreement, broad form automobile liability coverage with a
<br /> $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non-owned
<br /> automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or,
<br /> in the event that CITY will not utilize such ownedlleased automobiles but intends to require
<br /> employees, participants or other agents to utilize their own automobiles in the performance of this
<br /> Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants,
<br /> or agents as self-certification of automobile insurance coverage. Governmental entities may substitute
<br /> a certificate ofself-insurance.
<br /> 3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
<br /> California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in
<br /> California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the
<br /> term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by
<br /> participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of
<br /> cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those
<br /> participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to
<br /> California Labor Code Section 3350, et seq.
<br /> 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
<br /> insurance covering loss or damage to any and all Equipment provided to or purchased by
<br /> CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full
<br /> replacement value thereof, providing protection against the classification of fire, extended coverage,
<br /> 25B-1 ~ Page 10 of 15
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