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HomeMy WebLinkAboutReso 94-079 - Approve entering into an agreement between the COR & Redding Swim Team for use of Redding Plunge (Pool) during the 1994 Plunge swimming season f RESOLUTION NO. 94- / 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 PARR DURING THE 1994 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 incorporated herein. BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City; and the City Clerk is hereby authorized and 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 and read at a regular meeting of the City Council of the City of Redding on the 5th day of April, 1994, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Kehoe, Moss and Arness NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None CARL ARNESS, Mayor City of Redding ATTEST: FORM APPROVED: CONNIE STROHMA , City Clerk IZP14DALL A. HAYS, City Attorney REDD=NG PLUNGE AGREEMENT THIS AGREEMENT is made and entered into, effective June 13 , 1994, by and between the CITY OF REDDING, a Municipal Corporation, 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 1994 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, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. TERM. The term of this Agreement shall be June 13 , 1994, through August 26, 1994. 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 8 : 30 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 CI'T'Y' 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 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 HAIU4 .FSS. 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. 2 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 3 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 thirty ( 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 13 , 1994. 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. In the performance of this Agreement, the TEAM is acting independently and not as an employee or affiliate of the CITY. 10. TERMINATION. Either party shall have the right to terminate this Agreement upon ten ( 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, and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows: To the CITY OF REDDING c/o 4 City Manager, Post Office Box 496071 , Redding, California 96049- 6071 ; and to the REDDING SWIM TEAM c/o Eric Buscher, Post Office Box 493732, Redding, California 96049-3732 . 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the presence of their respective officers duly authorized in that behalf on the days and year set forth below. CITY OF REDDING DATED: , 1994 By: CARL ARNESS, Mayor REDDING SWIM TEAM DATED: C , 1994 By: ERIC BUSCHER ATTEST: FORM APPROVED: CONNIE STROHMAYER, City Clerk RANDALL A. HAYS, City Attorney 5