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HomeMy WebLinkAboutResolution - 6250 - Contract - SPRCARC - Instuctional Courses, Swimming & Aquatics Safety - 04_08_1999Resolution No. 6250 Item No. 26 April 8, 1999 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for instructional courses that teach individuals swimming and aquatics safety, by and between the City of Lubbock and South Plains Regional Chapter of the American Red Cross, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th ,TESTLUA"A" Ka a Darnell Cit ecretary APPROVED AS TO CONTENT: - ojo"-, - - Tommy GAzalez Managing Director Civic Services APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney rkb/ccdocs/1999 redcrossswimming.res February 15, 1999 Resolution No. 6250 Item No. 26 April 8, 1999 AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK This Agreement is hereby made between the CITY OF LUBBOCK, TEXAS, a home rule municipality of Lubbock County, Texas, hereinafter called the "City", and the SOUTH PLAINS REGIONAL CHAPTER OF THE AMERICAN RED CROSS, a non- profit corporation organized under 26 U.S.C.S. §501 (c)(3), hereinafter sometimes called the "Red Cross". WITNESSETH: WHEREAS, the City owns and operates swimming pools and aquatics facilities at which members of the public may participate in recreational aquatics activities each spring and summer; and WHEREAS, in order to ensure the health, safety and welfare of those members of the public who utilize such pools and facilities, particularly youngsters, it is imperative that they know how to swim and learn good water safety practices and procedures; and WHEREAS, the Red Cross has instructional courses that teach individuals swimming and aquatics safety and is willing to provide these courses to the public at City -owned pools and aquatics facilities; NOW THEREFORE, for and in consideration of the terms, covenants and conditions hereinafter described, the City and the Red Cross each hereby agree as follows: I. The Red Cross will conduct Learn to Swim programs at designated City pools for individuals who desire to enroll in such programs. Courses of instruction may include but need not be limited to, Level 1 through Level 7 Swimming Classes, Basic Water Safety, Emergency Water Safety, Lifeguard Training, Water Safety Instructor Training, Longfellow's Whale Tales, and Infant and Preschool Aquatics. The Red Cross shall submit a schedule for these programs to the City's Outdoor Athletics and Aquatics Supervisor for review and approval prior to when any such programs are conducted. II. The term of this Agreement shall be for one (1) year beginning on the 1" day of June, 1999, and ending on the 3& day of May, 2000. Agreement — American Red Cross Page 1 of 4 The Red Cross will employ or provide and be solely responsible for all personnel necessary to conduct its Learn to Swim programs at City facilities, including an adequate number of Red Cross Authorized Water Safety Instructors and Red Cross Certified Lifeguards. The City will assist the Red Cross in providing Lifeguards for the Learn to Swim Programs. IV. The City will permit the Red Cross to offer its Learn to Swim programs at swimming pools designated by the City's Athletics and Aquatics Supervisor and to utilize City -owned first aid kits, rescue equipment and learn -to -swim equipment at those facilities for such purpose. The City will also permit the Red Cross to utilize recreation center meeting rooms, if available, for aquatic safety presentations on days when inclement weather or other conditions prevent pool usage. Any other equipment deemed necessary for the Learn to Swim programs must be provided by the Red Cross. V. The Red Cross will register all participants in its Learn to Swim programs and may establish and collect a fee from such participants. However, the Red Cross is encouraged to develop a scholarship program for indigent individuals who would otherwise be unable to participate in the programs. VI. Red Cross shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of Red Cross, its agents or employees, in the execution of this Agreement. VII. Red Cross shall procure and carry, at its sole cost and expense through the life of this Agreement insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by the Red Cross, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of ANII. A Certificate of Insurance specifying each and all coverage shall be . submitted to City prior to the execution of this Agreement. All insurance shall be prepared and executed by the insurance company or Agreement — American Red Cross -Page 2 of 4 it's authorized agents and shall contain an endorsement naming the City of Lubbock an additional insured. Written notice of cancellation or any material change will be provided thirty (30) days in advance of cancellation or change. Insurance, other than Worker's Compensation, shall provide a waiver of subrogation in favor of the City of Lubbock, and shall contain cross liability and severability clauses. Red Cross shall obtain and maintain policies of insurance throughout the Agreement term in limits specified below: a. Worker's Compensation. The Red Cross shall maintain worker's compensation and employer's liability insurance coverage as required by statute. b. Commercial General Liability. The Red Cross shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, independent contractors' and completed operations. The policy shall have a min8imum of Five Hundred Thousand and No/100 Dollars ($500,000.00) combined single limit in the aggregate and per occurrence. VIII. Red Cross and City agree that the Red Cross shall perform the duties under this Agreement as an independent contractor. The Red Cross has the sole discretion to determine the manner in which the services are to be performed. IX. Red Cross shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. X. The City agrees to maintain the swimming pools and aquatics facilities utilized by the Red Cross for the Learn to Swim programs so as to safeguard the health, safety and welfare of program participants. k" Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party. Upon such termination, the Red Cross shall within sixty (60) days thereafter render a full and complete accounting to the City of all registration fees received and all expenses incurred in conducting the Learn to Swim programs at City pools through the date of termination. Notice to the City shall be deemed sufficient if sent by certified mail, return receipt requested, to the City of Lubbock, Outdoor Agreement American Red Cross Page 3 of 4