CITY COUNCIL REGULAR MEETING AGENDA PACKET

ATTACHMENT 1 6 (a) General Liability and Bodily Injury Insurance. General liability insurance with limits of at least $1,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees, and agents are named as additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Association or its contractors, and that no other insurance effected by City or other named insured will be called on to cover a loss. (b) Workers’ Compensation Insurance. Workers’ Compensation Insurance for all of the Association’s employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000. (c) Certificate of Insurance. Association shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies. (d) Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees, and agents. (e) Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusions. (14) ASSOCIATION’S STATUS. In the performance of the services set forth in this Agreement, the Association shall have the status of an independent contractor, and the Association and its members shall not be considered to be employees of the City for any purpose. All persons working for or under the direction of the Association are its agents, servants, and employees and are not agents, servants, or employees of the City. (15) TERMINATION OF AGREEMENT. (a) The term of this Agreement will be for one (1) year, expiring on December 31, 2025, whereby the City Manager may extend an additional year, expiring on December 31, 2026, on his/her determination that the agreement should remain in effect to allow review Page 20 of 399