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HomeMy WebLinkAboutResolution - 4786 - Agreement - SPAC Of The American Red Cross - Learn To Swim Programs - 03/23/1995Resolution No. 4786 March 23, 1995 Item #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 by and between the City of Lubbock and the South Plains Regional Chapter of the American Red Cross, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: U'j, c"� Betty A Johnson, ity Secretary RVE9 AS TO CONTENT: Director of Culture APPROVED AS TO FORM: arold Willard, Assistant City Attorney HW:da ccdocs/redcross.res February 28, 1995 Resolution No. 4786 March 23, 1995 Item 428 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 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, 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 initial term of this Agreement shall be for one (1) year beginning on the 1 st day of May, 1995, and ending on the 30th day of April, 1996; however, this Agreement shall be automatically renewed for two (2) additional one-year terms unless either party hereto gives written notice to the other party at least thirty (30) days prior to expiration of the initial term, or the first renewal period, if applicable, that renewal is not desired. 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 shall have no responsibility for maintaining any staff personnel on site while such programs are being conducted. 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. Prior to September 1 of each year this Agreement remains in effect, the Red Cross shall provide the City's Athletics and Aquatics Supervisor with a copy of the registration records for the Learn to Swim programs and shall remit to the City THIRTY PERCENT (30%) of all registration fees received after deducting expenses incurred to provide the programs during such year. Such expenses shall be itemized for the City's review. VI. Notwithstanding any other agreements, the South Plains Regional Chapter of the American Red Cross agrees to defend, hold harmless and indemnify the City against any legal liability in respect to bodily injury, death and property damage arising from the negligence of the said chapter during its use of any property belonging to the City. VII. 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. AGREEMENT - AMERICAN RED CROSS Page 2 VIII. Either parry 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 to the Red Cross shall be deemed sufficient if sent by certified mail, return receipt requested, to the Executive Director, American Red Cross, South Plains Regional Chapter, 2201 Avenue X, Lubbock, TX. 79411. Executed this 23rd day of March , 1995. ATTEST: Betty . Johns n, City Secretary AS Aliamus, Director of 0 APPROVED AS TO FORM: .944t&e %� - lftaxold Willard, Assistant City Attorney AGREEMENT - AMERICAN RED CROSS Page 3 SOUTH PLAINS CHAPTER OF THE AMERICAN RED CROSS c B DAVID LEWIS, EXECUTIVE DIRECTOR ATTEST: HW:da hw 1 /cityatt/redcross. doc March 9, 1995 AGREEMENT - AMERICAN RED CROSS Page 4