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<br />4 <br /> <br />MOU. <br /> <br /> City shall defend, indemnify, and hold harmless District and its directors, officers, <br />trustees, representatives, agents, and employees from and against all claims, losses, damage, <br />injury, and liability for damages arising from, or alleged to have arisen from, the active <br />negligence or intentional misconduct of City during the course of this MOU. <br /> <br />9. Insurance. During the term of this MOU, District shall maintain, at its own cost, the <br />minimum coverages identified below, or such greater coverage for City, if available in District’s <br />policies: <br /> <br />a. General Liability and Bodily Injury Insurance. A commercial general liability <br />insurance for at least $1,000,000 combined limit for bodily injury and property damage <br />and provide that the City, its officers, employees, volunteers and agents are named <br />additional insureds under the policy as evidenced by an additional insured endorsement <br />satisfactory to the City Attorney. The policy shall state in writing either on the <br />Certificate of Insurance or attached rider thereof that this insurance will operate as <br />primary insurance for work performed by District, and that no other insurance effected <br />by City or other named insured will be called on to cover a loss covered thereunder. <br /> <br />b. Automobile Liability Insurance. Automobile liability insurance in an amount not less <br />than $1,000,000 per person/per occurrence. <br /> <br />c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of <br />District’s employees, all in strict compliance with State laws, and to protect City from <br />any and all claims thereunder, including waiver of subrogation. <br /> <br />d. Certificate of Insurance. District shall file a certificate of insurance with City prior to <br />engaging in any activity set forth in this MOU. <br /> <br />10. Work Attire. District shall advise WorkAbility students to wear attire appropriate to <br />working in a public facility and shall meet the standards of City. <br /> <br />11. Supervision and Rules. WorkAbility students shall be subject to the rules, regulations, <br />policies and procedures of City and District which are on file in the respective institutions and <br />available to WorkAbility students. WorkAbility students, their coaches, District instructors and <br />District staff shall comply with all direction provided by City staff during in-person hours at City <br />facilities pursuant to this MOU. <br /> <br />12. Discontinuing In-Person Participation. District or City may, for cause and upon notice to <br />the other party, discontinue any WorkAbility students, their coaches, District instructors and <br />District staff participation at City facilities pursuant to this MOU any time. <br /> <br />13. Status. WorkAbility students, their coaches, District instructors and District staff shall not <br />be deemed employees or volunteers of City during the hours in which they are at City facilities <br />pursuant to this MOU. <br /> <br /> <br />Docusign Envelope ID: 3E08D715-FA68-4C66-9DC0-B6F0A717B300