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employed by any of them or anyone for whose acts any of them may be liable, except where caused <br />by the active negligence, sole negligence or willful misconduct of the CONTRACTOR. <br />VIII. <br />INSURANCE <br />1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force <br />during the term of this Agreement a policy of general liability insurance insuring the State of <br />California, CITY, and CONTRACTOR 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 general liability insurance shall be endorsed to provide to CITY and to the <br />State of California, Employment Development Department, with written notice prior to cancellation; <br />name CITY and the State of California as additional insured; and state that such coverage is primary to <br />any other coverage or self - insurance of the State of California and CITY. Governmental entities may <br />substitute a certificate of self - insurance. <br />2. Automobile Liability 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 owned /leased and non -owned or hired <br />vehicles used by CONTRACTOR employees or participants in performance of this Agreement <br />Governmental entities may substitute a certificate of self - 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. <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, vandalism, malicious <br />mischief, and theft. Governmental entities may substitute a certificate of self - insurance. <br />5. Proof of Insurance. Certificates and endorsements must be submitted and approved by <br />CITY. CONTRACTOR understands that CITY will make no payments under this Agreement until the <br />required certificates and endorsements have been approved by CITY. <br />IX. <br />CORPORATE STATUS <br />All corporate CONTRACTORS shall be in good standing, without suspension by the <br />California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in <br />corporate status or suspension shall be reported immediately to CITY. <br />X. <br />Page 10 of 15 <br />