HomeMy WebLinkAbout2015-131 Cooperative Srvcs Agrmt - Rogue Valley Masters - Daniel Meyer Pool
COOPERATIVE SERVICES AGREEMENT
FOR COOPERATIVE SERVICES AGREEMENT
This Cooperative Services _~greement, hereinafter referred to as "Agreement", is made
and entered into this 2 o day of ~Aa , 2015, by and between the City of Ashland
by and though its Ashland Parks and Recreation Department, herein after referred to "APRD",
and ROGUE VALLEY MASTER- ("RVM").
1. RECITAL: It is known .,.nd understood that:
A. APRD generally provides ron-exclusive use of its Daniel Meyer Pool as available to the
public during regular daytil ne hours of 7:OOA.M. to 8:00 P.M. Monday-Fridays and 8am-
8pm on Saturdays and Sundays;
B. The RVM seeks to use the i)ool before regular daytime hours;
C. APRD requires some assurances that RVM will responsibly maintain the facilities and
provide adequate safety precautions without APRD oversight; and
D. A special fee schedule is necessary for sharing swimming pool services after hours.
2. TERM OF AGREEMENT: June I 2015 and ending on September 2015
3. PARTY RESPONSIBILITIES
A. APRD RESPONSIBILITIES:
1. Provide one APRD staff member at the facility during entire pool rental time;
2. Have one APRD staff member arrive at the pool 15 minutes prior to opening to
assist RVM member with removal of pool covers and install of lane lines;
3. Maintain the pool and the pool equipment in a safe and working order;
4. Issue a key to RVM:
5. Respond quickly to concerns; and
6. Send a monthly invoice to RVM
B. RVNI RESPONSIBILITIES:
1. Use the pool only during designated times. Those designated times are: Monday
through Friday 6am-7am and Sundays from 7am-8am. 7.5 hours total per week
that includes staff time arriving early to the facility.
2. Have one RVM member arrive at the pool 15 minutes prior to opening to assist
APRD staff with removal of pool covers and install of lane lines.
3 Have a RVM swimmer on the deck at all times, according to RVM current
liability insurance.
4 Only current USM~ swimmers may use the pool.
4. PAYMENT
A. ROGUE VALLEY MASTERS shall pay $25 per hour for 1 APRD staff member and use
Page 1 of 4 COOPERATIVE SERVICES AGREEMENT- APRD/RVM
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of the pool.'RVM will be charged 'or 7.5 hours per week ($187.50 per week)'. A $25 key deposit
is also required that will be refunded after the season concludes and the key is returned.
B. APRD will submit monthl, invoice to RVM, to be submitted to:
Name: ROGUE Vr,_LLEY MASTERS c/o Mike Servant
Add: 413 Taylor `street
C/S/Z: Ashland Oreron 97520
Phone:
S~ C7-jM&t qerr "ff7
5. COMPLIANCE WITH APPLICABLE LAWS. Parties shall comply with all federal,
state and local laws and ordinances applicable to the work under this agreement, including,
without limitation, provisions relating to confidentiality of records.
6. TERMINATION
A. Mutual Consent. This AL :-eement may be terminated at any time by mutual consent of
both parties.
B. APRD's Convenience. This Agreement may be terminated at any time by either party
upon 30 days' notice in writing any, delivered by certified mail or in person.
C. For Cause. APRD may tee urinate or modify this Agreement, in whole or in part,
effective upon delivery of written ,:otice to RVM, or at such later date as may be established by
APRD, under any of the following conditions:
1. If APRD funding fr_)m federal, state, or other sources is not obtained and
continued at levels ,ufficient to allow for the purchase of the indicated quantity of
services;
2. If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase
under this Agreement or are no longer eligible for the funding proposed for
payments authorized by this Agreement;
3. If any license or cer~ificate required by law or regulation to be held by RVM to
provide the services required by this Agreement is for any reason denied, revoked,
suspended, or not renewed; or
4. Upon a reasonable finding of RVM breach as established by Section 7D below.
D. For Default or Breach. Ell her APRD or RVM may terminate this Agreement in the
event of a breach of the Agreement by the other. Prior to such termination the party seeking
termination shall give to the other tarty written notice of the breach and intent to terminate. If
the party committing the breach ha> not entirely cured the breach within 15 days of the date of
the notice, or within such other period as the party giving the notice may authorize or require,
then the Agreement may be terminated at any time thereafter by a written notice of termination
by the party giving notice. RVM shall be in default under the Agreement if:
1. RVM commits any 'naterial breach or default of any covenant, warranty,
certification, or obli,-,ation it owes under the Agreement;
2. RVM loses its Non-Profit status or loses any license, certificate or certification
that is required to perform the Services or to qualify as a Non-Profit;
3. RVM institutes an -action for relief in bankruptcy or has instituted against it an
Page 2 of 4 COOPERATIVE SERVICES AGREEMENT- APRD/RVM
action for insolvenc
4. RVM makes a gene-al assignment for the benefit of creditors; or ceases doing
business on a regular basis of the type identified in its obligations under the
Agreement; or
5. RVM attempts to a, -sign rights in, or delegate duties under, the Agreement.
7. INSURANCE
A. APRD is self-insured.
B. RVM shall at its own exper_se provide the following insurance:
1. General Liability in ;urance with a combined single limit, or the equivalent, of not
less than $2,000,001 for each occurrence for Bodily Injury and Property Damage.
2. Automobile Liability insurance with a combined single limit, or the equivalent, of
not less than $1,00( .000, for each accident for Bodily Injury and Property
Damage, including ;:overage for owned, hire W r non-owned vehicles. as
applicable. Not required by the agreemenInitial APRDL.~ Initial
RVM
3. Notice of cancellati.,n or change. The insurer must agree in writing to give the
City 30 days' prior ~ , ritten notice before cancelling or materially changing
coverages, or taking any actions to prevent Contractor's renewal of the insurance
contract.
4. Additional Insured/,,'ertificates of Insurance. Contractor shall name The City of
Ashland, Oregon, a; .d its elected officials, officers and employees as Additional
Insureds on any ins:1.rance policies required herein but only with respect to
Contractor's serviccs to be provided under this Contract. As evidence of the
insurance coverages required by this Contract, the Contractor shall furnish
acceptable insuranc-, certificates prior to commencing work under this contract.
The contractor's ins _lrance is primary and non-contributory. The certificate will
specify all of the pa ties who are Additional Insureds. Insuring companies or
entities are subject the City's acceptance. If requested, complete copies of
insurance policies, - rust agreements, etc. shall be provided to the City. The
Contractor shall be Financially responsible for all pertinent deductibles, self-
insured retentions a,ld%or self-insurance.
5. Workers' Compe'~sation Insurance: By initialing this sentence, RVM certifies
that obligations unc. r this agreement will be performed solely by the undersigned
and not by any employees, subcontractors or Volunteers subject to workers'
compensation coverage under ORS 656.017: ~
8. HOLD HARMLESS ANI) INDEMNIFICATION
To extent permitted by the Oregon Tort Claims Act as applied to APRD, Parties will
indemnify and defend each other f:-om any claim or liability resulting from error, omission, or
act of negligence on the part of the others officers, employees, or agents in the performance (or
nonperformance) of work done pursuant to this Agreement. Provided, however, that neither
party shall be required to indemnifies the others for any claim, loss or liability arising solely out of
Page 3 of 4 COOPERATIVES 1111VICES AGREEMENT- APRU/RVM
the wrongful act of the others off c:xs, employees or agents.
9. CONSTRUCTION, MOT IFICATIONS OF THIS AGREEMENT
A. This Agreement shall not b-,come effective until all parties hereto have executed
this Agreement.
B. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed
in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of
law s, rules or doctrines.
C. Subcontracts and Assignment; Successors in Interest: RVM shall not enter into any
subcontracts for any of the work required by this Agreement, or assign or transfer any of its
interest in this Agreement, without the prior written consent of APRD. The provisions of this
Agreement shall be binding upon lid shall inure to the benefit of the parties hereto, and their
respective successors and assigns. f any.
D. No Third Party Beneficia--ies: APRD and RVM are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to give. or shall be constr ied to give or provide, any benefit or right, whether directly,
indirectly or otherwise, to third persons unless such third persons are individually identified by
name herein and expressly describ_d as intended beneficiaries of the terms of this Agreement.
E. This agreement may not be amended, changed or modified in any way, except by written
agreement signed by all parties hereto.
F. THIS AGREEMENT COIy PAINS THE ENTIRE AGREEMENT BETWEEN THE
PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR EXPRESS AND/OR
IMPLIED STATEMENTS, NEGC' TIATIONS AND/OR AGREEMENTS BETWEEN THE
PARTIES, EITHER ORAL OR W:UTTEN, AND MAY NOT BE AMENDED, CHANGED OR
MODIFIED IN ANY WAY, EXC' ;PT BY WRITTEN AGREEMENT SIGNED BY ALL
PARTIES HERETO.
IN WITNESS WHEREOF, the p,_irties hereby enter into this agreement.
Each party, by signature be ow of its authorized representative. hereby acknowledges that
it has read this Agreement, underst-lnds it, and agrees to be bound by its terms and conditions.
Each person signing this Agreement represents and warrants to have authority to execute this
Agreement.
ASHLAND PARKS AND RECREATION ROGUE VALLEY MASTERS
~t
Michael A. Black; Director By G 7000 tv
Authorized Signer Title ;
Ashland Parks and Recreation ~tn1 ~r
S 41-g9 2 --0
Page 4 of 4 COOPERATIVE S ERVICES AGREEMENT- APRD/RVM
DATE: ` 5/21/2015
CERTIFICATE OF INSURANCE
CERTIFICATE NUMBER: 20150520334930
AGENCY:
ESIX 3 LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
d/b/a Entertainment & Sports Insurance eXperts (ESIX) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
d/b/a Entertainment and Sports Insurance Agency (California) NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
2727 Paces Ferry Road, Building Two, Suite 1500 BELOW.
Atlanta, GA 30339
678-324-3300 (Telephone)
678-324-3303 (Facsimile)
NAMED INSURED: INSURERS AFFORDING COVERAGE:
United States Masters Swimming, Inc. Rogue Valle, Masters (37-OREG-RVM) INSURER A: Everest National Insurance Company
655 North Tamiami Trail
Sarasota FL 34236 INSURER B: Everest National Insurance Company
INSURER C: Federal Insurance Company
EVENT INFORMATION:
USMS Registered Club Workouts (6/1/2015 - 9/30/2015)
POLICY/COVERAGE INFORMATION:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR CTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE
INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS TYPE OF INSURANCE: POLICY NUMBER(S): EFFECTIVE: EXPIRES: LIMITS:
A GENERAL LIABILITY
X Occurrence S18GL00279-142 10/1/2014 10/1/2015 GENERAL AGGREGATE (Applies Per Event) $2,000,000
12:01 AM 12:01 AM
X Participant Legal Liability EACH OCCURRENCE $1,000,000
X Sexual Abuse & Molestation DAMAGE TO RENTED PREMISES (Each Occ.) $1,000,000
MEDICAL EXPENSE (Any one person) $5,000
PERSONAL & ADV INJURY $1,000,000
PRODUCTS-COMP/OP AGG $2,000,000
Abuse-Molestation - Each Occurrence (Included) $1,000,000
Abuse-Molestation - Annual Aggregate (Included) $5,000,000
B UMBRELLA/EXCESS LIABILITY
X Occurrence S18EX00028-142 10/1/2014 10/1/2015 AGGREGATE $18,000,000
12:01 AM 12:01 AM
EACH OCCURRENCE $9,000,000
C PARTICIPANT ACCIDENT
X ACCIDENTAL DEATH & 9906-7881 10/1/2014 1011/2015 EXCESS MEDICAL $25,000
DISMEMBERMENT 12:01 AM 12:01 AM - -
ACCIDENTAL DEATH & DISMEMBERMENT $5,000
X EXCESS MEDICAL
X Participants Included
X Volunteers Included
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS:
The certificate holder is an Additional Insured with respect to ability arising out of the negligence of the Named Insured, but only where required by written contract
and as per the following endorsement: Additional Insured - Automatic Status When Required in a Written Agreement With You (Form EGC 20 600 05 09).
Coverage applies only to the United States Masters Swimminr_, (USMS) sanctioned or approved events or activities specified on this certificate, and only if the club or
workout group shown as a Named Insured on this certificate is member in good standing with USMS at the time of the event or activity.
CERTIFICATE HOLDER: NOTICE OF CANCELLATION:
City of Ashland /Ashland Parks and Recreation Department Should any of the above described policies be cancelled before the expiration date thereof,
340 S Pioneer Street notice will be delivered in accordance with the policy provisions.
Ashland OR 97520 AUTHORIZED REPRESENTATIVE:
a~