MOU SLUSD - Joint Use of Madison School Yard 06012021

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Agreement between City of San Leandro and SLUSD Page 2 of 4 for the Joint Use of the District’s Madison Elementary Schoolyard b. The City shall pay all claims or damage to property resulting from grossly negligent or grossly inadequate supervision of any activities conducted by the City at the school yard during hours t h e City has exclusive use, or by reason of failure t o properly maintain the school yard in a safe condition during the City 's exclusive use. c. The District shall pay all claims or damage to property resulting from the negligent or inadequate supervision of all activities conducted by the District at the school yard. d. The District shall inspect the school yard regularly and make repairs as needed. e. The City shall be provided a key or keys for access to all exterior gates leading to and into the school yard. It is the responsibility of the City to secure the yard after each City use. Failure to do so shall result in the City compensating the District for security call outs. A minimum call out shall be two hours. 3. SPECIAL PROVISIONS a. Insurance. The District and the City shall each maintain comprehensive General Liability insurance in the amount of Ten Million Dollars ($10,000,000) combined single limit naming each other as additional insureds, including each Party’s respective elected and appointed officers, directors, agents, servants and employees against claims for bodily injury, and property damage arising from the District’s or City’s participation in the activities described herein. The form of such insurance shall be satisfactory to the District and the City and may include self-insurance at levels acceptable to both parties. b. Indemnification. For this Agreement only, to the fullest extent permitted by law, the District agrees to hold harmless, indemnify, and defend with counsel reasonably acceptable to the City, the City and its elected and appointed officers, officials, employees, agents, contractors and consultants from and against any and all claims, demands, suits, actions, and liability of any kind, including injuries to persons or damages to property arising out of or connected to the District’s responsibilities under this Agreement, except to the extent any such claims, loss, liability, damage, judgment, expense, or injuries is caused by the gross negligence or willful misconduct of the City. c. Resolution of Disputes. Any dispute arising as to the use, operation, or maintenance of the school gymnasium shall be resolved by th e City Manager and Superintendent of the District. In the event that the City Manager and the Superintendent are unsuccessful in resolving any dispute, the parties agree to submit the dispute first to mediation and, failing that, to binding arbitration. DocuSign Envelope ID: EBE1A560-D64E-4268-ABD5-ABEC02917349