Stage Equiptment Rental Agreement Between City of SL &SL Improvement Association

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Stage Equipment Rental Agreement Page 3 of 5 Between City Of San Leandro And San Leandro Improvement Association City-furnished equipment used or operated by SLIA, its personnel, agents or subcontractors. c. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City as additional insureds, and any City insurance shall be secondary and in excess to SLIA’s insurance. If SLIA’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self- insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement, so as to not prevent any of the Parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non-renewal. The City’s Risk Manager may waive or modify any of the insurance requirements of this section. Section 4. Indemnification. To the maximum extent allowed by law, SLIA shall indemnify, keep and save harmless the City, and it officials, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of SLIA or its employees, subcontractors or agents. SLIA further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, SLIA shall, at its expense, satisfy and discharge the same. SLIA’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. Section 5. Independent Contractor. 5.1 Independent Contractor. At all times during the term of this Agreement, SLIA shall be an independent contractor and shall not be an employee of City. Notwithstanding any other local, state, or federal policy, rule, regulation, law, or ordinance to the contrary, SLAI and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Docusign Envelope ID: DF1EA0AA-B117-448E-80DB-76A8630519F9