PARKS AND RECREATION COMMISSION AGENDA PACKET 01112024

9/27/2016 8:46 AM 6 8.9 At the conclusion of all use, organizations are required to inspect and remove all associated garbage and playing equipment. Failure to do so will result in additional fees being assessed by City or School District. 8.10 All teams that are classified as Group C – E user groups must have at least 75% of their City resident participants, participate actively on a weekly basis. When a team is playing against a team from another jurisdiction, this rule shall apply to only the “host” team representing the qualified organization. (Tournaments hosted by a Group C – E organization and approved by the City shall be exempt from this rule.) 8.11 Team roster changes by a qualified Group E user group must be reported to the City within one week of occurrence. Failure to do so will result in forfeiture of all fields and/or facilities. 9.0 INDEMNITY & INSURANCE PROVISIONS 9.1 City and Pleasanton Unified School District and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, “Indemnities”) shall have no liability to User or any other pe rson for, and User shall indemnify, defend, protect, and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively, “Claims”), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the User’s negligent or willful acts or omissions, its agents, officers, directors, or employees, committed in performing any of the activities specified. 9.2 If any action or proceeding is brought against Indemnities by reason of any of the matters against which User has agreed to indemnify Indemnities as provided above, User, upon notice from City, shall defend Indemnities at its expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnities need not have first paid for any of the matters to which Indemnities are entitled to indemnification in order to be so indemnified. The limits of the insurance required to be maintained by User shall not limit the liability of User hereunder. The provisions of this section shall survive the expiration or earlier termination of the field allocation agreement. 9.3 The provisions of this section do not apply to Claims occurring as a result of the City’s or Pleasanton Unified School District’s active negligence or willful acts of omission. 9.4 All insurance shall be primary insurance and shall name City of Pleasanton and the Pleasanton Unified School District as an additional insured. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under the policy if not named as an additional insured, and an additional insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are an additional insured thereon.