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HomeMy WebLinkAboutReso 92-220 - Approve & Authorize the mayor to execute the agreement between the COR, The SUHSD, & the Redding swim team for use of swimming pool at the Enterprise HS from June 8 through 08/21/92 RESOLUTION NO. L,�--,2, 2-d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF REDDING, THE SHASTA UNION HIGH SCHOOL DISTRICT, AND THE REDDING SWIM TEAM FOR USE OF THE SWIMMING POOL AT THE ENTERPRISE HIGH SCHOOL FROM JUNE 8 THROUGH AUGUST 21, 1992. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the City Council of the City of Redding hereby approves the Agreement for use of the Enterprise Pool by and between the City of Redding, the Shasta Union High School District, and the Redding Swim Team from June 8 through i August 21, 1992, a true copy of which is attached hereto and incorporated herein. 2 . 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 19th day of May 1992, and was duly i adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe & Moss NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None i CHARLIE MOSS, Mayor City of Redding 1a AT �ST: FO PPR OVED: CONNIE STROHMAYER, ity Clerk RA6ALL A. HAYS, ity Attorney ENTERPRISE POOL AGREEMENT THIS AGREEMENT is made and entered into by and between the SHASTA UNION HIGH SCHOOL DISTRICT, hereinafter referred to as "SCHOOL DISTRICT, " the CITY OF REDDING, 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, SCHOOL DISTRICT is the owner of the swimming pool at Enterprise High School (hereinafter called "Facility" ) , which is used and maintained jointly by the SCHOOL DISTRICT and CITY; and WHEREAS, it is deemed to be in the best interests of the SCHOOL DISTRICT, and the CITY and its citizens, that certain terms ° and conditions be agreed upon in writing for use of the Facility by i TEAM, at specified times; p" NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the M " parties hereto as follows: a 1. During the term of this Agreement, SCHOOL DISTRICT and CITY hereby permit TEAM ( 1) the regular use of the Enterprise Pool during the hours from 6: 00 a.m. to 8: 45 a.m. (in conjunction with the GOLDEN STATE SWIM TEAM) , Monday through Friday; and ( 2 ) the special use of the Enterprise Pool for swim meets to be held on dates to be agreed upon by the CITY' s Director of Recreation and i Parks and the Enterprise High School Principal at such time as the schedule for these meets is coordinated. 2. The term of this Agreement is June 8, 1992, through August 21, 1992. 3 . TEAM shall use the Facility as and for swimming only, and for no other purpose. 4. TEAM accepts the Enterprise Pool as being in good and sanitary order, condition, and repair. SCHOOL DISTRICT and CITY shall perform maintenance when required, but TEAM shall, after.each use, leave the Facility and the SCHOOL DISTRICT' s equipment in a e 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 SCHOOL DISTRICT and CITY will not be liable for any loss of or damage to any of TEAM' s equipment. The pool cover shall be removed and replaced by TEAM as directed by the Enterprise High School Principal. 5 . No alterations or improvements to the Facility shall be performed by TEAM without the prior written approval of the SCHOOL DISTRICT and the CITY. Water and electricity for lighting and pool-water filtration will be provided to the Facility at no cost to TEAM; and SCHOOL DISTRICT' s obligations with respect thereto shall be consistent with the Agreement dated May 18 , 1981, between the SCHOOL DISTRICT and CITY regarding heating and chemicals for the pool. TEAM shall be responsible for any and all costs of heating the pool. 6 . This Agreement shall not be assigned by TEAM without first securing the written approval of SCHOOL DISTRICT and CITY. 7 . TEAM shall provide supervision by United States regis- tered swimming coaches and certified lifeguards during all periods of use, including practices and competitions. 8 . It is understood and agreed as a condition of this Agreement that SCHOOL DISTRICT, NORTHERN CALIFORNIA SCHOOLS INSURANCE GROUP (hereafter referred to as NCSIG) , CITY, and their respective officers, agents, and employees, 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 SCHOOL DISTRICT, NCSIG, CITY, and their respective officers, agents, and employees, harmless from any and all claims, expenses, demands, causes of action, liability, loss, injury, or death, regardless of i 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, 2 ' F 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 CB 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 y 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. s 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 SCHOOL DISTRICT, NCSIG, and CITY. At the option of the SCHOOL DISTRICT, NCSIG, and CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the SCHOOL DISTRICT, NCSIG, CITY, and their respective 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. I Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: p 1. The SCHOOL DISTRICT, NCSIG, CITY, and their respective 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; 3 Premises/Facility owned, occupied or used by the TEAM. The coverage shall contain no special limitations of the scope of protection afforded to the SCHOOL DISTRICT, NCSIG, CITY, and their respective officers, officials, employees , agents, or volunteers. 2 . TEAM' s insurance coverage shall be primary insurance as respects the SCHOOL DISTRICT, NCSIG, CITY, and their respective officers, officials, employees , agents, and volunteers. Any insurance or self-insurance maintained by the SCHOOL DISTRICT, NCSIG, CITY, and their respective 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 SCHOOL DISTRICT, NCSIG, CITY, and their respective 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 the SCHOOL DISTRICT, NCSIG, and CITY. �1 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best' s 'i rating of no less than A:VII . Verification of Coverage TEAM shall furnish the SCHOOL DISTRICT, NCSIG, and 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 SCHOOL DISTRICT, NCSIG, and CITY prior to June 8, 1992, the commencement date hereunder. 'J 10. Either SCHOOL DISTRICT, CITY, or TEAM shall have the right to terminate this Agreement upon thirty ( 30) days ' written notice to the other parties. 11. In the performance of this Agreement, TEAM is acting independently and not as an employee or affiliate of SCHOOL 4 A 1 i DISTRICT, NCSIG, or 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: 1992 By: CHARLIE MOSS, Mayor SHASTA UNI HIGH SCHOOL RICT Dated: 1992 B By: a REDDING SWIM TEAM Dated: 1 , 1992 By: (k-k By: ATTEST: CONNIE STROHMAYER, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney 5