Agmt24 City of San Carlos - Fire Equipment Maintenance

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REV: 05-01-24 LF suits, and actions of every name, kind and description, which may be brought against Redwood City, by reason of any injury to, or death of, any person (including corporations, partnerships and associations) or damage suffered or sustained by any such person arising from, or alleged to have arisen from, any act or omission to act, arising from or relating to SAN CARLOS entering the Municipal Service Center in connection with this Agreement or arising from SAN CARLOS's failure to timely schedule required maintenance or to have maintenance performed as recommended by the manufacturer of the Fire Equipment, or as recommended by Redwood City in writing, except as arising from the sole negligence or willful misconduct of Redwood City. (c).The Parties shall waive any rights of recovery for liabilities arising out of the California Workers’ Compensation laws, including but not limited to Cal. Labor Code sections 3200 and following. 5.INSURANCE. The Parties will obtain and maintain for the duration of the Agreement and any and all amendments, coverage against claims for injuries to persons or damage to property, which may arise out of or in connection with performance of this Agreement to the extent provided below. Said coverage may be provided by self-insurance and/or through joint powers insurance authority risk pool organized and operated under California law. (a).Redwood City and SAN CARLOS will maintain the types of coverages and minimum limits indicated below: (1)General Liability with limits of $2,000,000 per occurrence. (2)Automobile Liability with limits of $1,000,000 per occurrence. (3)Workers' Compensation as required by the California Labor Code and Employer's Liability with limits of $1,000,000 per accident for bodily injury. 6.ADDITIONAL PROVISIONS. SAN CARLOS will ensure that the General Liability and Automobile Liability coverages required under this Agreement contain, or are endorsed to contain, provisions requiring Redwood City to be named as an Additional Insured Covered Party. 7.DISPUTE RESOLUTION. Should any dispute arise out of this Agreement, the Parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. The costs of the mediator, if any, shall be paid for equally by the Parties. If a mediated settlement is reached, neither party shall be the prevailing party for the purposes of the resolution of the dispute. Neither party shall be permitted to file legal action without first meeting in mediation and maintaining a good faith attempt to reach a mediation resolution. Each party will bear their own attorney's fees, if any. 8.TERM; TERMINATION. The initial term of this Agreement shall be one (1) year commencing from the Effective Date, and further that the term hereof shall be renewable automatically for additional one-year terms in an amount not to exceed Seventy- Five Thousand Dollars ($75,000) per extension term for Maintenance Services and Retrofitting Services, with a maximum term of ten (10) years from the Effective Date of this ATTY/AGR.2024.058/CITY OF REDWOOD CITY (SAN CARLOS - AGREEMENT FOR FIRE EQUIPMENT MAINTEN) (Page 3 of 5) DocuSign Envelope ID: F15134DA-2781-43A9-8F77-60CF434D1C90