Agmt24 Redwood City Kiwanis Club

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REV: 02-28-24 VR 9. Exercise of Due Care. Licensee shall ensure that Licensee and its participants and vendors, and its and their employees, observe and exercise all necessary caution and discretion so as to avoid personal injuries and property damage. 10.Insurance. Licensee shall obtain and maintain for the duration of this Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with use of the Farmers’ Market Area by Licensee or its agents, representatives, employees, or subcontractors. The insurance will be obtained from an insurance carrier authorized to do business in the State of California. The insurance carrier is required to have an A.M. Best Rating of not less than “A-VII”: a. Coverages and Limits. Licensee, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney, approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Licensee’s indemnification obligations under this Agreement. b. Commercial General Liability Insurance with a minimum $2,000,000 limit per occurrence. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. Such insurance shall name the City, its officers, agents, volunteers and employees additional insureds. c. Automobile Liability Insurance with a minimum $1,000,000 limit each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles. d. Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation insurance shall comply with the California Labor Code and Employer’s Liability insurance shall contain minimum limits of $1,000,000. Workers’ Compensation and Employer’s Liability insurance will not be required if Licensee has no employees and provides, to City’s satisfaction, a declaration stating this. Licensee hereby grants to City a waiver of any right to subrogation for injuries covered by the Workers’ Compensation policy and agrees to obtain an endorsement to the policy whereby the insurer waives any such right. e. Notice of Cancellation. All policies required herein shall be in force during the life of this Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent pursuant to the Notice provisions of this Agreement. f. Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, Licensee will furnish certificates of insurance evidencing compliance with the insurance requirements, and the additional insured endorsement to the Commercial General Liability policy. ATTY/AGR.2024.025/Redwood City Kiwanis Club (Revocable License Agreement) (Page 4 of 17)