PARKS AND RECREATION COMMISSION AGENDA PACKET 01112024

9/27/2016 8:46 AM 7 9.5 If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Attorney, then User agrees that the minimum limits here in above designated shall be changed accordingly upon written request by the City Attorney. 9.6 User agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which User may be held responsible for the payment of damages to persons or property resulting from User’s activities, or the activities of any person or persons for which User is otherwise responsible. 9.7 A Certificate of Insurance, and an additional insured endorsement, evidencing the above insurance coverage with a company acceptable to the City Attorney shall be submitted to City prior to the execution of any field allocation agreement. 9.8 The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for nonpayment of premiums otherwise, without 30 days prior written notice of amendment or cancellation to City and the Pleasanton Unified School District. In the event that said insurance is canceled, User shall, prior to the cancellation date, submit new evidence of insurance in the amounts heretofore established. 9.9 All required insurance must be in effect prior to the field allocation agreement and it or a successor policy must be in effect for the duration of the field allocation agreement. Maintenance of proper insurance coverage is a material element of the Agreement, and the failure to maintain and renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. If User, at any time during the term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, City shall be permitted to obtain such insurance in User’s name and shall be compensated by User for the cost of the insurance premiums. 9.10 User agrees to procure and maintain general liability and property damage insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly from any act or activities of User or any person acting for User or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of User or any person acting for User, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect City and the Pleasanton Unified School District against incurring any legal cost in defending claims for alleged loss. Such general liability and property damage insurance shall be maintained in the following minimum limits: A combined single-limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. 10.0 TRAFFIC AND PARKING: 10.1 The user group must assure that participants and spectators utilize off-street public parking areas. If parking conditions warrant, i.e., during pre, post, and regular season or tournament play, the user group will provide, at their cost, at least one safety officer to direct participants and spectators to designated parking areas. The City, at its sole discretion, may require additional parking mitigation on an event-by-event basis.