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City of Pleasanton Article 9. Indemnity, Insurance, Bond Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 111 June 7, 2022March 8, 2018 the Contractor with respect to the waste stream Collected by Contractor under this Agreement and such 3903 failure is due to the failure of Contractor to meet its obligations under this Agreement unless Contractor 3904 can demonstrate to the satisfaction of the City that such failure is beyond Contractor’s ability to control 3905 or effect, or due to Contractor delays in providing information that prevents Contractor or City from 3906 submitting reports required by AB 939, AB 341, AB 1826, and/or SB 1383 in a timely manner. 3907 Notwithstanding any other provision in this Agreement, Contractor’s obligations in this Section shall be 3908 subject to the provisions of Section 40059.1 of the Public Resources Code. 3909 9.3 Proposition 218 Indemnification 3910 Contractor shall indemnify, defend and hold harmless City, its officers, employees, agents and volunteers, 3911 (collectively, indemnitees) from and against all claims, damages, injuries, costs, including demands, debts, 3912 liens, liabilities, causes of action, suits, legal or administrative proceedings, interest fines, charges, 3913 penalties and expenses (including reasonable attorneys’ and expert witness fees, expenditures for 3914 investigation and administration) and costs of any kind whatsoever paid, imposed upon, endured or 3915 suffered by or assessed against any of the indemnitees resulting in any form from the City’s approval of 3916 Rates for service under this Agreement or in connection with the application of California Constitution, 3917 Article XIIIC and Article XIIID to the imposition, payment or Collection of Rates and fees for services 3918 provided by Contractor under this Agreement. This Proposition 218 indemnification shall not extend to 3919 indemnification related to City fees described in Article 7 of the Agreement or any City fees established in 3920 accordance with Section 7.5 or Section 7.7. 3921 9.4 Measure D Indemnification 3922 Contractor shall indemnify, defend and hold harmless City, its officers, employees, agents and volunteers, 3923 from and against any revenues withheld by the Alameda County Source Reduction and Recycling Board in 3924 the event the source reduction and Recycling goals or any other requirement of the Measure are not met 3925 by the Contractor with respect to the Recycling/source reduction programs under this Agreement and 3926 such failure is due to the failure of Contractor to meet its obligations under this Agreement unless 3927 Contractor can demonstrate to the satisfaction of the City that such failure is beyond Contractor’s ability 3928 to control or effect, or due to Contractor delays in providing information that prevents Contractor or City 3929 from submitting reports required by Measure D in a timely manner. 3930 9.5 Insurance 3931 9.5.1 Minimum Scope of Insurance 3932 Coverage shall be at least as broad as: 3933 A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and 3934 Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General 3935 Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 3936 0001). 3937