13-121 - City of Sunnyvale - State of California

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whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to CITY. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to CITY. SECTION 16. BOND REQUIREMENTS. CONTRACTOR shall furnish a performance bond in the amount of $172,000 and issued by an admitted surety insurer authorized to operate in the State of California. The bond requirements are outlined in Attachment E. CONTRACTOR shall also maintain throughout performance of the work the insurance coverage. SECTION 17. TERMINATION. A. CITY reserves the right to terminate this Agreement: (1) If at any time CONTRACTOR is in default in the payment of any fees or any other monies required to be paid to CITY, or in the performance of any duty, obligation, covenant or agreement contained herein (time expressly declared to be of the essence), upon fifteen (15) days written notice to CONTRACTOR and CONTRACTOR fails to correct such default within the fifteen (15) day period; provided, however, that: (a) CONTRACTOR shall not be entitled to and expressly waives any other form of demand or notice (written or oral); (b) CITY shall have the full right, at its election, to enter Pool and Pool Building and take immediate and sole possession thereof; (c) CITY shall have the right to bring suit for and collect all monies required to be paid to CITY and which shall have accrued up to the time of entry described above; (d) Upon such termination, this Agreement and all rights and 18
privileges herein agreed to shall become void to all intents and purposes whatsoever; or (2) If CONTRACTOR fails to keep in full force and effect at any time the policies of insurance or faithful performance deposit required above upon fifteen (15) days written notice to CONTRACTOR and CONTRACTOR fails to correct such default within the fifteen (15) day period. B. Either party may terminate this Agreement for any reason upon 120 calendar days written notice to the other. SECTION 18. DEFAULT AND BREACH BY CONTRACTOR: If CITY so chooses, this Agreement and all rights and privileges herein shall immediately (and without any demand or notice written or oral) cease, determine, come to an end, and become void, and CITY immediately may enter Pool and Pool Building and take immediate and sole possession thereof, without prejudice to the right of CITY to recover from Agreement all unpaid monies required to be paid to CITY and which shall have accrued up to the time of the entry described above, if: A. CONTRACTOR at any time during the term of this Agreement becomes insolvent, or if proceedings in bankruptcy shall be instituted by or against CONTRACTOR, or if CONTRACTOR shall be adjudged bankrupt or insolvent by any pool owner, or if a receiver or trustee in bankruptcy or a receiver of any property of CONTRACTOR shall be appointed in any suit or proceeding brought by or against CONTRACTOR, or if CONTRACTOR shall make an assignment for the benefit of creditors, or if any action is taken against or suffered by CONTRACTOR under any insolvency or bankruptcy act. B. If during the term of this Agreement CONTRACTOR dies, or by reason of incapacity, or otherwise, is unable to personally perform the duties, obligations, covenants or agreements contained herein for a period of ninety (90) consecutive days. SECTION 19. SURRENDER OF PREMISES AND REMOVAL OF PROPERTY. A. Upon expiration of the term of this Agreement, or upon the sooner termination of such term from whatever cause, CONTRACTOR: 19
Page 1 and 2: Template rev. 10/2012 REPORT TO MAY
Page 3 and 4: Page 3 of 11 DISCUSSION The first p
Page 5 and 6: Page 5 of 11 Water Exercise Instr
Page 7 and 8: Page 7 of 11 6-Year Comparison of P
Page 9 and 10: Page 9 of 11 PUBLIC CONTACT Public
Page 11 and 12: Attachments Page 11 of 11 A. Draft
Page 13 and 14: DRAFT AGREEMENT BETWEEN THE CITY OF
Page 15 and 16: SECTION 3. EXCLUSIVE USE. CITY gran
Page 17 and 18: water safety instruction) for the p
Page 19 and 20: (2) When performing duties for the
Page 21 and 22: District Agreement and pay any pena
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Page 25 and 26: E. Assign or transfer this Agreemen
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Page 39 and 40: RFP No. F0610-34 - Sunnyvale Swim C
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Page 67 and 68: California Sports Center About the
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Page 71 and 72: Sunnyvale Resident?: no, but I am a
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Page 79 and 80: Sunnyvale Resident?: yes Comments:
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175. Name: Lesley Wynne on Jan 19,
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programs for all. 204. Name: James
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Powered by TCPDF (www.tcpdf.org) Co
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January 25, 2013 Corporate office:
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Aquatics Staff requirements CSC Aqu
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Dave Peterson 832 Malone Rd. San Jo
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• Developed swimmers at our site
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California Sports Center, San Jose,
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Proposed Mid August to November Sch
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5:30-6:00 Proposed Mid August to No
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Proposed December to January Schedu
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Proposed February to Mid June Sched
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Proposed Mid June to Mid August Sch
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Adult Coached Programs-specific Int
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California Sports Center Yearly Ope
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Staff Handbook California Sports Ce
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Customer Service Survey 2012 number
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Sample City Schedule Adult Lap Swim
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ATTACHMENT D City of Sunnyvale Comm
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REVENUE City of Sunnyvale Community
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REVENUE City of Sunnyvale Community
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Attachment E
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Parks and Recreation Commission Min
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13-121 - City of Sunnyvale - State of California

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