NS Park & Rec - Little River Park Bike Trail Agreement Renewal

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2/26/2007 3. Promote proper trail etiquette and instruction to its members and other trail users to encourage safe and responsible trail usage and to prevent user conflict. 4. Establish an IMBA approved Mountain Bike Patrol program. 5. Provide technical assistance to Durham and Orange on other bicycling related work projects, educational activities, and bicycling opportunities and encourage its members to work with local Durham and Orange officials to discuss and identify opportunities for cooperative work on mutually beneficial projects or activities. 6. Maintain, at its expense, the following minimum insurance coverage: $1,000,000 per occurrence /$2,000,000 aggregate --- Bodily Injury Liability, and $ 100,000 --- Property Damage Liability, or $1,000,000 per occurrence /$2,000,000 aggregate---Combined Single Limit Bodily Injury and Property Damage 7. To the fullest extent permitted by laws and regulations, SORBA shall indemnify and hold harmless Durham and Orange and their officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect arising out of or resulting from SORBA's design and construction of trails, or the actions of the SORBA or its officials, employees, volunteers and contractors under this MOU or under contracts entered into by the SORBA in connection with this MOU. This indemnification shall survive the termination of this MOU. 8. Be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing work under this MOU. V. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: 1. This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the parties of this MOU will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the parties and shall be independently authorized by appropriate statutory authority; this MOU does not provide such authority. Specifically, this MOU does not establish authority for noncompetitive award to SORBA of any contract or other agreement. Any contract or agreement for training or other services must fully comply with all applicable requirements for competition. 2. The local contact person(s) for Durham and Orange is Durham or Orange County personnel who have sufficient authority to develop agreements and special-use permits of the type envisioned by this MOU. 4 • • -4-