Playing Smart changelabsolutions.org | kaboom.org 99 12. Insurance The City and the District agree to provide the following insurance in connection with this Agreement. A. Commercial General Liability for bodily injury and property damage, including Personal Injury and Blanket Contractual, with limits of __________ per occurrence_________________ aggregate. B. Workers’ Compensation. Workers’ compensation coverage, as required by ______________[state law]. C. __________________ [Other types of insurance required]. D. Documentation of Insurance. The City and District shall provide to each other a certificate of insurance each year this Agreement is in effect showing proof of the above coverage. In the event the City or District is self-insured for the above coverage, such agency shall provide a letter stating its agreement to provide coverage for any claims resulting from its negligence in connection with joint use facilities in the above amounts. 13. Evaluation/Conflict Resolution A. The City and the District shall establish a Joint Use Interagency Team, composed of staff representatives of the City and the District, to monitor the joint use project and Agreement for its duration. The Interagency Team shall hold conference calls or meetings _________ [add frequency of meetings here] to review the performance of the project and to confer to discuss interim problems during the term of the Agreement. If the Joint Use Interagency Team is unable to reach a solution on a particular matter, it will be referred to ________ [City official] and________ [District official], or their designees, for resolution. B. The Joint Use Interagency Team shall review the Agreement by ________ each year to evaluate the project and to propose amendments to this Agreement. 14. Termination This Agreement may be terminated at any time prior to its expiration, for ______ [add basis here] upon ________ days/months/years written notice. 15. Entire Agreement This Agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes any prior negotiations, representations, agreements, and understandings. Insurance: Insurance is a contract by which one party (the insurer) undertakes to indemnify another party (the insured) against risk of loss, damage, or liability arising from the occurrence of some specified contingency. City and District personnel must confirm with risk managers at both the City and District the nature and extent of insurance coverage maintained by each party so that the Agreement accurately reflects the amount of insurance coverage of each party. Attorneys for the City and District will tailor the insurance clauses, including the types and amount of insurance and type of documentation, to reflect their state and local law and practice. Evaluation/Conflict Resolution: The parties need to have a process by which to address and resolve any concerns or problems that arise during the Agreement and to evaluate the Agreement. The parties can determine what type of communication will best serve their needs in carrying out the Agreement. The parties will have developed some type of work group/ communication method in developing the plan that they may wish to continue to address problems that may occur during the operation of the agreement. Termination: The termination clause sets forth the conditions upon which either party can end the Agreement before its term expires. The City and District will tailor this clause to reflect what conditions or actions will be sufficient to terminate the Agreement and how much notice each party must give the other before terminating it. Entire Agreement: This clause provides that the Agreement constitutes the sole obligations of the parties. Prior oral or written agreements will not be valid or enforceable.
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