HomeMy WebLinkAboutReso 95-082 - Approve entering agreement between COR & Redding Swim Team for use of Redding Plunge (Swimming Pool) in the Claude H Caldwell Memorial Park during 1995 Plunge Swimming Season RESOLUTION NO. 95- ?2—
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING ENTERING INTO AN AGREEMENT BETWEEN THE CITY OF
REDDING AND THE REDDING SWIM TEAM FOR ITS USE OF THE
REDDING PLUNGE (SWIMMING POOL) IN THE CLAUDE H. CALDWELL
MEMORIAL PARK DURING THE 1995 PLUNGE SWIMMING SEASON.
IT IS HEREBY RESOLVED that the City Council of the City of
Redding hereby approves entering into the above-mentioned agreement
between the City of Redding and the Redding Swim Team, a true copy
of which is attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding
is hereby authorized to sign said agreement on behalf of the City;
and the City Clerk is directed to attest the signature of the Mayor
and to impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was. introduced,
read, and adopted at a regular meeting of the City Council on the
21st day of March , 1995 , by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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OBFRT C. ANDERSON, Mayor
City of Redding
A 7.7ES a , FORM AP OVER
CONNIE STROAMAYER W. LEONARD WI TE
City Clerk City Attorney
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REDD=NG PLUNGE AGREEMENT
THIS AGREEMENT is made and entered into, effective June 12,
1995, by and between the City of Redding, a general law city,
hereinafter referred to as the "CITY," and the Redding Swim Team,
a non-profit corporation, hereinafter referred to as the "TEAM" :
W I T N E S S E T H:
WHEREAS, the CITY is the owner of the Redding Plunge, located
in the Claude H. Caldwell Memorial Park, which is used and operated
as a public swimming pool (hereinafter referred to as the
"Facility" ) ; and
WHEREAS, the TEAM has for many years used the Facility for
swimming practices, and now wishes to renew its agreement with the
CITY for the 1995 swim season; and
WHEREAS, it is deemed to be in the best interests of the CITY
and its citizens that certain terms and conditions be agreed upon
in writing for the use of the Facility by the TEAM, at specified
times; and
WHEREAS, it has been determined that this matter is categor-
ically exempt from the provisions of the California Environmental
Quality Act;
NOW, RORE, IT IS MUTUALLY AGREED by and between the
parties hereto as follows:
1. TERM. The term of this agreement shall be June 12
through August 27 , 1995.
2. USE OF FACILITY. The TEAM shall (a) use the Facility as
and for swimming only, and for no other purpose; and (b) provide
its own adult supervision and lifeguards during all periods of use.
3. HOURS. During the term of this agreement, the CITY
hereby permits the TEAM (a) the regular use of the Facility ( in
conjunction with other aquatic club applicants) from 7 :00 p.m. to
9:00 p.m. , Monday through Friday; and (b) the special use of the
Facility for swim meets to be held on dates to be agreed upon by
the CITY' s Director of Recreation and Parks at such time as the
schedule for these meets is coordinated.
4. CONDITION/MAINTENANCE.
A. The TEAM accepts the Facility as being in good and sanitary
order, condition, and repair.
B. The CITY shall perform maintenance when required.
C. The TEAM shall, after each use, leave the Facility in a clean
and sanitary condition and repair.
D. The TEAM shall be responsible for the care and maintenance of
its own equipment, and the CITY shall not be liable for any
loss of or damage to any of the TEAM' s equipment.
5. UTILITIES. Water and electricity will be provided to the
Facility at no cost to the TEAM.
6. HOLD HARMLESS.
A. This agreement is granted upon the express condition that the
CITY, its officers, officials, employees, agents, and
volunteers, shall be free from any and all liability and
claims for damages for personal injury, death, or property
damage in any way connected with the TEAM' s use of the
Facility, or any improvements connected with the use of the
Facility, including claims of the TEAM, its officers, agents,
employees, members, invitees, and volunteers.
B. The TEAM shall indemnify, defend, and hold the CITY, its
officers, officials, employees, agents, and volunteers,
harmless from any and all claims, expenses, demands, causes of
action, liability, loss, injury, or death, regardless of the
nature or character, in any manner whatsoever, on account of
or arising out of any such injury, death, or loss caused by
the negligence or other legal fault of the TEAM or its
officers, agents, employees, members, invitees, and
volunteers.
7. INSURANCE. The TEAM shall procure and maintain for the
duration of this agreement insurance against claims for injuries to
persons or damages to property which may arise from or in
connection with the TEAM' s operations and use of the Facility. The
cost of such insurance shall be borne by the TEAM.
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Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001) . Claims-made form is
also acceptable.
B. Workers' Compensation insurance as required by the State
of California and Employers' Liability Insurance.
Minimum Limits of Insurance
The TEAM shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily
injury, personal injury, and property damage. If
Commercial General Liability Insurance or other form with
a general aggregate limit is used, the general aggregate
limit shall be twice the required occurrence limit.
B. Employer' s Liability: $1,000,000 per accident for bodily
injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and
approved by the CITY. At the option of the CITY, either the
insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials,
employees, agents, and volunteers, OR the TEAM shall procure a bond
guaranteeing payment of losses and related investigations, claims
administration, and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to
contain, the following provisions:
A. The CITY, its officers, officials, employees, agents, and
volunteers, are to be covered as insureds as respects
liability arising out of activities performed by or on
behalf of the TEAM; products and completed operations of
the TEAM; Premises/Facility owned, occupied or used by
the TEAM. The coverage shall contain no special
limitations of the scope of protection afforded to the
CITY, its officers, officials, employees, agents, or
volunteers.
B. The TEAM' s insurance coverage shall be primary insurance
as respects the CITY, its officers, officials, employees,
agents, and volunteers. Any insurance or self-insurance
maintained by the CITY, its officers, officials,
employees, agents, or volunteers, shall be excess of the
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TEAM' s insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions
of the policies, including breaches of warranties, shall
not affect coverage provided to the CITY, its officers,
officials, employees, agents, or volunteers.
D. The TEAM' s insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer' s
liability.
E. Each insurance policy required by this agreement shall be
endorsed to state that coverage shall not be suspended,
voided, cancelled by either party, or reduced in coverage
or in limits except after 30 days ' prior written notice
has been given to the CITY.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best' s
rating of no less than A:VII .
Verification of Coverage
The TEAM shall furnish the CITY with certificates of insurance and
original endorsements effecting the coverages required by this
agreement. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the CITY prior to
June 12, 1995.
8. ASSIGNMENT OR SUBCONTRACTING. The TEAM shall not assign
nor subcontract this agreement or any interest therein without
first securing the written approval of the CITY.
9. STATUS. It is expressly agreed that in carrying out the
terms of this agreement, the TEAM shall be construed to be an
independent contractor, and nothing in this agreement is intended
nor shall be construed to create an employer-employee relationship
or a joint venture relationship with the CITY.
10. TERMINATION. Either party shall have the right to
terminate this agreement upon 10 days' advance written notice to
the other party.
11. NOTICE. Any notices or demands that may be given by
either party hereunder shall be deemed to have been fully and
properly given when made in writing, enclosed in a sealed envelope,
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and deposited in the United States Post Office, certified mail,
postage prepaid, addressed as follows:
City of Redding
c/o Director of Recreation and Parks
P.O. Box 496071
Redding, CA 96049-6071
Redding Swim Team
c/o Robert C. Wallman
HC1 Box 130
30360 Smith Logging Road
Oak Run, CA 96069.
12. ENTIRE AGREEMENT. This agreement supersedes all previous
agreements, and constitutes the entire understanding of the parties
hereto. The TEAM shall be entitled to no other benefits other than
those specified herein. No changes, amendments, or alterations
shall be effective unless in writing and signed by both parties.
Amendments which provide no substantial or functional change to the
original intent of this agreement may be agreed to in writing
between the TEAM and the Director of Recreation and Parks of the
CITY.
13. BINDING. This agreement is and shall be binding upon the
parties hereto and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their duly authorized representatives
on the days and year set forth below.
CITY OF REDDING
DATED: , 1995 By:
ROBERT C. ANDERSON, Mayor
[signatures continued on page 61
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Signatures to the REDDING PLUNGE AGREEMENT between the City of
Redding and the Redding Swim Team, effective June 12, 1995,
continued:
REDDING SWIM TEAM
DATED: 1995 By:
ROBERT C. ALLMAN
Title: �( ���-2.�
ATTEST:
CONNIE STROHMAYER
City Clerk
FORM APPROVED:
W. LEONARD WINGATE
City Attorney
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