Laserfiche WebLink
B. Workers' Compensation and Employer's Liability insurance in the amount that <br />meets statutory requirements with an insurance carrier acceptable to City, or <br />certification to City that FSA is self -insured or exempt from the worker's <br />compensation laws of the State of California. FSA shall provide City with Exhibit <br />"A," titled "Workers' Compensation Insurance Certification," which is attached <br />hereto and incorporated herein by this reference prior to occupancy of the <br />Premises. <br />C. FSA shall defend, indemnify and hold harmless City, and its elected officials, <br />officers, employees, agents, and volunteers, from any and all damages, costs, <br />suits, claims, losses and liability for injury to persons including death, and <br />damage to property, arising out of, or in connection with, any act or omission of <br />FSA or its officers, employees, agents or volunteers, in connection with operation <br />of its business at the Premises. <br />ARTICLE 8. TAXES AND UTILITIES <br />8.1 City shall pay, and hold FSA free and harmless from, all charges for the furnishing of gas, <br />water, sewer, electricity, solid waste disposal and other public utilities provided to the <br />Premises during the term of this Agreement. FSA shall pay, and hold City free and <br />harmless from, all charges for telephone usage by FSA at the Premises. <br />ARTICLE 9. ATTORNEYS' FEES <br />9.1 In the event any action is commenced to enforce or interpret the ternls or conditions of <br />this Agreement, the prevailing Party shall, in addition to any costs and other relief, be <br />entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house <br />counsel by a Party. <br />ARTICLE 10. NOTICES <br />10.1 Any notice or other communication required, or which may be given, pursuant to this <br />Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date <br />of delivery in person; (ii) five (5) days after deposit in first class registered mail, with <br />return receipt requested; (iii) on the actual delivery date if deposited with an overnight <br />courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent <br />contemporaneously by first class, certified, registered or express mail; in each case <br />properly posted and fully prepaid to the appropriate address set forth below, or such other <br />address as a party may provide notice in accordance with this section: <br />CITY: <br />City Clerk <br />City of Redlands <br />35 Cajon Street <br />P.O. Box 3005 (mailing) <br />Redlands, CA 92373 <br />jdonaldson@cityofredlands.org <br />(909) 798-7531 <br />FAMILY SERVICE ASSOCIATION: <br />Tom Donahue <br />F SA — Senior Nutrition Administrator <br />21250 Box Springs <br />Moreno Valley, CA 92557 <br />tom.donahue@fsaca.org <br />(951) 203-2316 <br />4 <br />I:\cmo\Agreements\Family Service Association Facility Use Agreement FY24-0008.docx-ms <br />