|
5. BACKGROUND CHECKS
<br />Where User's use of the Facilities under this Agreement involves participation by minors,
<br />User represents and warrants that it has engaged an independent entity to conduct a background
<br />check of all employees, agents, independent contractors, volunteers, or other individuals who are
<br />performing services for User in connection with such use. The background check shall include at
<br />a minimum a state and county criminal history investigation where such individual resides and a
<br />search of the national and California state sex offender registries, Proof of the background check
<br />required under this section shall be provided to City upon request.
<br />6. INDEMNIFICATION
<br />User agrees to and shall indemnify, protect, defend, and, hold harmless City, its officers,
<br />agents, employees, considtants, special counsel, and representatives from and against any and all
<br />claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in
<br />connection with the use of the Facilities or the acts or omissions of User, its officers, agents,
<br />employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute
<br />permitted uses of the Facilities.
<br />7. INSURANCE
<br />Without limiting User's indemnification obligations, User agrees to obtain and maintain
<br />during the term of the Agreement, and to require its subcontractors, if any, to obtain and maintain,
<br />insurance as described below:
<br />a. Commercial General Liability Insurance. Commercial general liability insurance
<br />which shall include, but not be limited to protection against claims arising from bodily and
<br />personal injury, including death resulting therefrom and damage to property, resulting from any
<br />act or occurrence arising out of User's operations in the performance of this Agreement,
<br />including, without limitation, acts involving vehicles. The amounts of insurance shall be not less
<br />than the following: single lhni t coverage applying to bodily and personal injury, including death
<br />resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and
<br />$2,000,000 aggregate, including coverage of sexual molestation with limits not less than $50,000
<br />per occurrence and $100,000 general aggregate. Such insurance shall (a) name the City, its
<br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be
<br />primary and not contributory with respect to insurance or self-insurance programs maintained by
<br />the City; and (c) contain standard separation of insureds provisions,
<br />b. Business automobile liability insurance, or equivalent form, with a combined
<br />single limit of not less than $1,000,000 per occurrence. Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles.
<br />e. Worker's Compensation Insurance (California statutory limit) and Employer's
<br />Liability Insurance for not less than $1,000,000 per occurrence,
<br />d. The following requirements apply to the insurance to be provided by User pursuant to
<br />this section:
<br />
|