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HomeMy WebLinkAboutUkiah Dolphin Parent Auxiliary 2007-06-26MEMORANDUM OF UNDERSTANDING This Agreement is made and entered on If,;", Q b ii '2007, in Ukiah, California, by and between the City of Ukiah ("City"), and the Ukiah Dolphin Parent Auxiliary ("Dolphins"). RECITALS: 1. City operates the Ukiah Municipal Swimming Pool and aquatic training programs. ("City Pool'). 2. Dolphins swim and water polo teams need aquatic facilities for practice/training and competitions. ("Dolphins Programs.") 3. The City has determined that it will benefit the community to authorize the Dolphins to use the City Pool for the Dolphins Programs, subject to the terms and conditions of this agreement. The Dolphins will reimburse the City for lifeguard expenses and any other expenses specifically related to said use. AGREEMENT: In consideration of the above -recited facts and the terms and conditions as further stated herein the parties hereby agree as follows. 1. Subject to the terms and conditions set forth in paragraph 3, the City shall provide the City Pool for use by the Dolphins for the Dophins Programs as identified in Attachment 1. 2. The City will provide the following: a. Opening and closing of the City Pool, subject to the availability of lifeguards. b. Lifeguards for all Dolphins Programs. 3. The City shall make the City Pool available to the Dolphins in accordance with the following terms and conditions: a. Dolphins are to adhere to all rules and regulations of the City Pool. b. Dolphins are to follow all directives from the City Pool Manager. c. The City through the Pool Manager or another authorized employee may provide the Dolphins with special written instructions for one or more events, with which the Dolphins shall comply, d. In the event that the Dolphins do not adhere to the terms and conditions of this Agreement, the City shall have the right to provide written notice to the Dolphins of any violations and of the actions the Dolphins must take to cure the violation. The Dolphins must immediately comply with those instructions. If the Dolphins fail to remedy the violations as instructed, then its right to use the City Pool pursuant to this agreement shall be terminated and shall not be reinstated, unless or until the City is satisfied that the continued use of the City Pool for the Dolphins Programs will comply with the requirements of this Agreement. e. Dolphins shall comply with all federal, state, and local laws and ordinances as may be applicable to the carrying out this MOU. f. The Dolphins shall defend, indemnify and hold harmless the City, and its officers, employees and agents from and against any claim for personal injury or property damage, including death, arising out of the Dolphins' use of the City Pool pursuant to this Agreement, including, but not limited to, claims based on the negligence or willfully wrongful conduct of the Dolphins, and its officers, employees, agents or contractors, or their negligent or willfully wrongful supervision of the activities conducted by them pursuant to this Agreement. This indemnification shall not include injuries or damage resulting from a dangerous condition of the physical facility itself, unless (1) the Dolphins discover the dangerous condition and fail to notify the City immediately, in writing, of that condition; or (2) the City has provided the Dolphins with prior written notice of the dangerous condition. The indemnification provided under this subparagraph shall include all costs of defending against any such claim, including, but not limited to, the fees of attorneys, experts, consultants and investigators, and all other litigation expenses. g. Prior to its use of the City Pool pursuant to this Agreement and as a condition precedent to its right to use such facilities, Dolphins must provide the City with proof of general comprehensive liability insurance satisfactory to the City with policy limits of not less than $5,000,000 per occurrence and a general aggregate limit of not less than $10,000,000. The policy shall name the City of Ukiah, and its officers, employees and agents, as an additional insureds. City must receive certificates of insurance and policy endorsements satisfactory to it before the Dolphins may use the City Pool pursuant to this Agreement. h. The Dolphins agree to comply with any risk management instructions from the City, including, but not limited to, requiring participants in Dolphins Programs to sign liability waiver and release forms approved by the City. 4. This Agreement shall become effective upon the date first written above and shall remain in effect until the closing date of the City Pool, Sunday, August 26th, 2007, or until terminated by written notice of termination by either party to this Agreement. This MOU may be extended by a written agreement signed by both parties. 5. Whenever notice is required by the provisions of this Agreement, it shall be deemed given when deposited in the United States mail with proper postage affixed thereto or personally delivered and addressed as follows: 2 CITY OF UKIAH C/O City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA 95482 Fax: 463-6204 Ukiah Dolphin Parent Auxiliary C/O Sheryn Hildebrand, President PO Box 635 Ukiah, Ca 95482 6. This constitutes the whole agreement between the parties concerning its subject matter and supercedes and replaces any prior agreements, statements or understandings that may have existed between the parties. 7. This Agreement may be executed in one or more duplicate originals and when so executed each such duplicate original, bearing the original signatures of the parties, shall be admissible in any administrative or judicial proceeding as proof of its terms. 8. This agreement shall be interpreted and enforced in accordance with the laws of the State of California. The parties consent to the jurisdiction and venue of the California state courts in Mendocino County. WHEREFORE, this Agreement is made and entered on the date first written above. Ukiah Bye Its: 71n �VA' City of Ukiah By'` - Its: 3