Item 27 - Change to the Facilities Use Agreement with Training & Research Foundation

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C. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. D. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, TRF shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $5,000,000 per occurrence or claim. E. Other Provisions Applicable to Insurance Requirements: i. If the TRF maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. ii. The insurance policies are to contain, or be endorsed to contain, the following provisions: iii. Additional Insured Status- the City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of TRF including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to TRF's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). iv. Primary Coverage- For any claims related to this contract, TRF's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the TRF's insurance and shall not contribute with it. v. Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. vi. Waiver of Subrogation- TRF hereby grants to City a waiver of any right to subrogation, which any insurer of TRF may acquire against the City by virtue of the payment of any loss under such insurance. TRF agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies Facilities Use Agreement With Training and Research Foundation 5