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<br /> <br /> <br /> <br /> <br /> <br /> <br /> S. 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. Commercial General Liability Insurance. Provider shall maintain commercial general <br /> liability insurance which shall include, but not be limited to protection against claims arising <br /> from bodily and personal injury, including death resulting therefrom and damage to property, <br /> resulting from any act or occurrence arising out of Provider's operations in the performance of <br /> this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br /> shall be not less than the following: single limit coverage applying to bodily and personal injury, <br /> including death resulting therefrom, and property damage, in the total amount of S 1,000,000 per <br /> occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers <br /> and representatives as additional insured(s), (b) be primary and not contributory with respect to <br /> insurance or self-insurance programs maintained by the City; and (c) contain standard separation <br /> of insured's provisions. <br /> b. Worker's Compensation Insurance, In accordance with the provisions of Section 3300 <br /> of the Labor Code, Provider, if Provider has any employees, is required to be insured against <br /> liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br /> performance of the work under this Agreement, Provider agrees to obtain and maintain any <br /> employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br /> c. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, the <br /> Provider must provide a Youth Protection Policy and proof of Sexual Abuse & Molestation <br /> insurance coverage of at least $1,000,000. Operator will be held accountable for conducting a <br /> background clearance (live-scan) for staff that have direct interaction with youth participants. <br /> d. The following requirements apply to the insurance to be provided by Provider pursuant <br /> to this section: <br /> <br /> (i) Provider shall maintain all insurance required above in full force and <br /> effect for the entire period covered by this Agreement. Certificates <br /> of insurance shall be furnished to the City upon execution of this <br /> Agreement and shall be approved in form by the City Attorney. <br /> <br /> (ii) Certificates and policies shall state that the policies shall not be canceled <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> e. If Provider fails or refuses to produce or maintain the insurance required by this <br /> section or fails or refuses to furnish the City with required proof that insurance has been procured <br /> and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br /> terminate this Agreement. Such termination shall not affect Provider's right to be paid for its <br /> time and materials expended prior to notification of termination. Provider waives the right to <br /> receive compensation and agrees to indemnify the City for any work performed prior to approval <br /> of insurance by the City. <br /> <br /> <br /> <br /> <br /> <br /> 25B-12 <br />