2008/12/10 Council Agenda Packet

5. FINANCIAL NSA will pay the City $9,451.92 for field modifications and maintenance services (including labor) for and during the Tournament. This amount is based on the City's obligations set forth in this Agreement and exhibit A attached to this agreement. • Labor costs include field maintenance and costs associated with increased maintenance in areas such as restrooms and litter/garbage pick up. • Field Modification(mound removal & replacement at Phil Johnson Ball-fields and portable outfield fencing at Kasch Park 1-4) costs are based on the removal and replacement of four mounds and the installation of portable outfield fencing. Any additional service requests by NSA will result in charges to NSA in addition to the $9,451.92. These costs will be based on the actual labor costs, supply costs and equipment costs for these additional services. In the event of rain-outs and cancellations, the $9,451.92 may be adjusted downward by mutual written agreement of the parties. In any event, NSA shall pay the minimum of 8 hours of labor time and actual supply cost/equipment cost if the rain-out/delay lasts more than 8 hours. 6. RISK MANAGEMENT A. INDEMNIFICATION NSA shall defend and indemnify the City, its elected and appointed officials, officers, • directors, managers, employees, and agents from any and all claims (including but not limited to claims for personal injury and death), costs, liabilities, damages and expenses (including,but not limited to reasonable attorney's fees) arising directly out of or in connection with the NSA Girls Fastpitch Western World Series Tournament. However, this shall not require NSA to indemnify City against any liability for damages arising out of bodily injury or property damages caused by or resulting from sole negligence of City. B. INSURANCE NSA shall have the City named as Primary Additional Insureds on the NSA's occurrence based General Liability Policy,providing coverage for bodily and personal injury, property damage to others and property damage to City owned property for an amount of not less than Two Million Dollars ($2,000,000.00). The NSA shall maintain this coverage in force until the conclusion of the Tournament. NSA agrees to have its insurance carrier provide City with a Certificate of Insurance and copies of all applicable endorsements, including, but not limited to, an additional insured endorsement or copy of an applicable blanket additional insured clause in the commercial general liability policy. Certificates of Insurance and additional insured endorsement shall be supplied to the City contemporaneous with the execution of this Agreement. Failure of NSA to comply with the requirements is material breach of contract and cause for immediate contract termination and of any and all obligations regarding the same. - 4 -