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injury, and liability for damages arising from, or alleged to have arisen from, errors,
<br /> omissions, active or passive negligence or wrongful acts of District, WorkAbility
<br /> students, their coaches, District instructors and District staff in their use of the City’s
<br /> facilities during the course of this MOU.
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<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,
<br /> damage, injury, and liability for damages arising from, or alleged to have arisen from, the
<br /> active negligence or intentional misconduct of City during the course of this MOU.
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<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
<br /> District’s policies:
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<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
<br />damage and provide that the City, its officers, employees, volunteers and agents are
<br />named additional insureds under the policy as evidenced by an additional insured
<br />endorsement satisfactory to the City Attorney. The policy shall state in writing either
<br />on the Certificate of Insurance or attached rider thereof that this insurance will
<br />operate as primary insurance for work performed by District, and that no other
<br />insurance effected by City or other named insured will be called on to cover a loss
<br />covered thereunder.
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<br />b. Automobile Liability Insurance. Automobile liability insurance in an amount not less
<br />than $1,000,000 per person/per occurrence.
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<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.
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<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.
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<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
<br /> and available to WorkAbility students. WorkAbility students, their coaches, District
<br /> instructors and District staff shall comply with all direction provided by City staff during
<br /> in-person hours at City facilities pursuant to this MOU.
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<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
<br /> and District staff participation at City facilities pursuant to this MOU any time.
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<br />13. Status. WorkAbility students, their coaches, District instructors and District staff shall not
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<br />Docusign Envelope ID: D1D695C5-6CC7-88CA-832D-690792663D3F
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