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HomeMy WebLinkAboutReso 93-190 - Approve & Authorize May to sign agreement between the COR & the Redding Swim Team for use of Redding Plunge (Swimming Pool) from 06/14/93 through 8/27/93 RESOLUTION NO. 3- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT BETWEEN THE CITY OF REDDING AND THE REDDING SWIM TEAM FOR USE OF THE REDDING PLUNGE (SWIMMING POOL.) FROM JUNE 14, 1993, THROUGH AUGUST 27, 1993. IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves the Agreement for use of the Redding Plunge ( swimming pool) by and between the City of Redding and the Redding Swim Team from June 14, 1993 , through August 27 , 1993 , 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 of Redding; 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 4th day of may , 1993 , 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 A ST: FORM PROVED: ` ) CONNIE STROHMAYER, ity Clerk A. HAY , City Attorney 0 REDD=NG PLUNGE AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF REDDING, a Municipal Corporation, hereinafter referred to as "CITY," and the REDDING SWIM TEAM, a Non-profit Organization, hereinafter referred to as "TEAM" : W I T N E S S E T H: WHEREAS, CITY is the owner of the Redding Plunge in the Claude H. Caldwell Memorial Park, which has been in use and operated as a public swimming pool for many years (hereinafter referred to as the "Redding Plunge" or "Facility" ) ; 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 said Facility by the TEAM, at specified times; NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. During the term of this Agreement, CITY hereby permits TEAM ( 1) the regular use of the Redding Plunge (in conjunction with other aquatic club applicants) from 7 : 00 p.m. to 9: 00 p.m. , Monday through Friday; and ( 2) the special use of the Redding Plunge for swim meets to be held on dates to be agreed upon by the CITY' s Director of Parks and Recreation at such time as the schedule for these meets is coordinated. 2. The term of this Agreement shall be June 14, 1993 , through August 27, 1993 . i 3 . TEAM shall use said Facility as and for swimming only, and for no other purpose. 4 . TEAM accepts the Redding Plunge as being in good and sanitary order, condition, and repair. CITY shall perform maintenance when required, but TEAM shall, after each use, leave the Facility in a clean and sanitary condition and repair, reasonable use and wear thereof and damage by fire, Act of God, or by the elements excepted. TEAM shall be responsible for the care and maintenance of its own equipment, and CITY will not be liable for any loss of or damage to any of TEAM' s equipment. 5. No alterations or improvements to the Facility shall be performed by TEAM without the prior written approval of CITY. Water and electricity will be provided to the Facility at no cost to TEAM. 6 . This Agreement shall not be assigned by TEAM without first securing the written approval of CITY. 7 . TEAM shall provide its own adult supervision and lifeguards during all periods of use. 8. It is understood and agreed as a condition of this Agreement that 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 TEAM' s use of the Facility, or any improvements connected with the use of the Facility, or any improvements constructed therein or thereon under this Agreement. TEAM shall indemnify, defend, and hold CITY, its officers, officials, employees, agents , and volunteers, harmless from any and all 2 i 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 TEAM or its officers, agents , employees, and members. 9. 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 TEAM' s operations and use of the Facility. The cost of such insurance shall be borne by the TEAM. Minimum Scope of Insurance Coverage shall be at least as broad as: 1 . Insurance Services office Commercial General Liability coverage (occurrence form CG 0001) . Claims-made form is also acceptable. 2 . Workers' Compensation insurance as required by the State of California and Employers' Liability Insurance. Minimum Limits of Insurance TEAM shall maintain limits no less than: 1. 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. 2 . 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. 3 Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1 . 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. 2 . 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 TEAM' s insurance and shall not contribute with it. 3 . 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. 4 . 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. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty ( 30) days' prior written notice has been given to 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 TEAM shall furnish the CITY with Certificates of Insurance and original endorsements effecting coverage required by this clause. 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 14, 1993 , the commencement date hereunder. 10. Either CITY or TEAM shall have the right to terminate this Agreement upon 10 days' written notice to the other party. 4 11 . In the performance of this Agreement, TEAM is acting independently and not as an employee or affiliate of CITY. 12 . It has been determined that this matter is not subject to the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the presence of their respective officers duly authorized in that behalf on the dates set forth below. CITY OF REDDING Dated: 1993 By: CARL ARNESS , Mayor REDDING SWIM TEAM Dated: 1993 By: Name: By: Name: ATTEST: CONNIE STROHMAYER, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney 5