PLEASANTON DOWNTOWN ASSOCIATION - DOWNTOWN PLEASANTON BUSINESS IMPROVEMENT DISTRICT

6 Special events do not include the farmers market, Concerts in the Park, events co- sponsored by the City, and City approved street closures for other organizations. (a) Street Closures Costs. The City will pay for expenses, such as city staff time and equipment rental, for no more than two (2) street closures per fiscal year upon request by the Association. The cost of any additional street closures in excess of the two (2) street closures paid for by the City shall be the responsibility of the Association and paid for by the Association’s sole expense. 11. ENFORCEMENT. The City will pursue collection of past due charges to the Downtown Pleasanton Business Improvement District. The Association will cooperate with the City in the collection of any past due charges. 12. INDEMNIFY AND HOLD HARMLESS. The Association shall defend, indemnify, and hold harmless, the City and its officers, and employees from and against all claims, losses, damage, injury, and liability for damages arising from errors, omissions, negligent or wrongful acts of the Association in the performance of its services under this Agreement, regardless of whether the City has reviewed and/or approved the services which have given rise to the claim, loss, damage, injury or liability for damages. 13. INSURANCE. During the term of this Agreement, Association shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Association shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Association’s policies: (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 Docusign Envelope ID: F8FB1108-2F99-4460-9D5D-2DB9B012961BDocusign Envelope ID: C41547DB-5DA5-405A-B67D-AAB02BFAF329