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HomeMy WebLinkAboutResolution - 2002-R0132 - Contract Agreement - South Plains Regional Chapter - 04_11_2002Resolution No. 2002-RO132 April 11, 2002 Item No. 28 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, an agreement between the City of Lubbock and South Plains Regional Chapter of the American Red Cross to provide instructional courses at City of Lubbock owned swimming pools and aquatics facilities, and all related documents. Said Agreement 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 1Ith ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: R y Tru sdell Director of Parks and Recreation APPROVED AS TO FORM: illiam de Haas Contract Manager/Attorney Dh/Ccdocs/AmericanRedCross SwimmingInstructions.res January 7, 2002 day of April , 2002, 4. WINDY SIT ON, MAYOR AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 2002—RO132 Aptil 11, 2002 Item No. 28 This agreement, (the "Agreement"), effective as of June 1, 2002, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas Home Rule Municipal. Corporation, and South Plains Regional Chapter of the American Red Cross, a non-profit corporation organized under 26 U.S.C.S. §501(c)(3), (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 and 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, 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. The Red Cross shall submit a schedule for all programs to the City's Aquatics Supervisor for review and approval no later than March 8, 2002. Agreement - American Red Cross Page 1 of 5 II. . The term of this Agreement shall be for one (1) year beginning on the 1st day of June 2002, and ending on the 31 st day of May 2003. 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 Red Cross shall provide a list of all instructors and lifeguards no later than June 1, 2002, to the City Aquatics Supervisor. The City will assist the Red Cross in providing Lifeguards for the Learn to Swim Programs. The City will permit the Red Cross to offer its Learn to Swim programs at swimming pools and on dates and times designated by the City's Athletics and Aquatics Supervisor. The City will permit the Red Cross to utilize City -owned first aid kits and rescue 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. The Red Cross shall provide all other equipment necessary for the conduct of the Learn to Swim programs. The Red Cross shall certify all City of Lubbock lifeguards and pool managers in Lifeguarding, CPR, and. First Aid at no cost to the City or to the pool staff. The City of Lubbock Aquatics Supervisor and the Red Cross will mutually agree upon the dates. The Red Cross shall assist with and/or conduct City lifeguard "in service" training. All equipment, supplies, and materials used by Red Cross for the training shall be at no cost to the City. 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. The Red Cross shall provide the City a year-end statement detailing participation, expenses, and revenues. VI. Red Cross shall indemnify and save harmless the City of Lubbock and its officers and employees from damages or claims for bodily injury or property damage and reasonable attorney's fees, arising out of, or occasioned by, in whole or Agreement - American Red Cross Page 2 of 5 in part, the negligent acts or omissions of the 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 A:VII. 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 it's authorized agents and shall name the City of Lubbock an additional insured. Insurer will endeavor to have any written notice of cancellation or any material change provided thirty (30) days in advance of cancellation or change. Insurance, other than Worker's Compensation 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 minimum 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 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. Agreement - American Red Cross Page 3 of 5 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. XI. 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 Recreation Athletics and Aquatics Supervisor, P.O. Box 2000, Lubbock, TX 79457. Notice of the Red Cross shall be deemed sufficient if sent by certified mail, return receipt requested, to the Executive Director, American Red Cross, South Plains Chapter, 2201 Avenue X, Lubbock, TX 79411. Executed as of the Effective Date. CITY OF LUBBOCK, TEXAS SOUTH PLAINS CHAPTER OF THE AMERICAN RED CROSS WINDY SIVFON PENNEY T ER MAYOR EXECUTIV DIRECTOR Rebecca Garza - City Secretary APPROVED AS TO CONTENT; Agreement - American Red Cross Page 4 of 5 dy Tru dell Director of Parks and Recreation APPROVED AS TO FORM: William de Haas Contract Manager/Attorney Agreement - American Red Cross Page 5 of 5