|
3
<br />
<br />C. No later than 24 hours after the occurrence of an injury or damage to persons or
<br />property at gyms, Lifetime shall submit to the City per Subsection D., below, a City
<br />incident/accident report and cooperate with any City investigation.
<br />
<br />D. Lifetime shall promptly notify City by email at abueno@cityofpleasantonca.gov and
<br />by phone at 925.931.5345 upon discovery of any unsafe condition, unauthorized or illegal use or
<br />activity at the gyms.
<br />
<br />9. Damage or Destruction of Property.
<br />a. Lifetime shall be responsible for the cost of repair and/or replacement of any
<br />District property or any portion of the Gymnasium Facilities that is lost, damaged
<br />or destroyed during and/or as the result of the Lifetime’s use of the Gymnasium
<br />Facilities, normal wear and tear excepted. Lifetime shall promptly notify the City
<br />upon Lifetime’s actual knowledge of any loss, damage, or destruction of District
<br />property or the Gymnasium Facilities of which Lifetime becomes aware during
<br />and/or in conjunction with Lifetime’s use of same.
<br />
<br />10. Marketing and Registration. Lifetime shall be solely responsible to market the activities
<br />being provided pursuant to this Agreement and register participants.
<br />
<br />11. Term. The term of this Agreement is from July 1, 2024, to June 30, 2025.
<br />
<br />12. Compensation. The parties acknowledge that Lifetime shall pay gym use fees as
<br />provided in Section 3. No other compensation is due from either party to the other under this
<br />Agreement.
<br />
<br />13. Fees Charged by Lifetime. Activity registration fees shall be set, collected, and retained
<br />by Lifetime for the activities provided by Lifetime to the public pursuant to this Agreement.
<br />
<br />14. Indemnification. Lifetime shall hold harmless, defend, and indemnify the City, its
<br />officers, and employees, against any and all claims, costs, demands, causes of action, lawsuits,
<br />losses, expenses or liability, including attorneys’ fees, arising from or the alleged acts or
<br />omissions of Lifetime, its contractors, or agents, or anything arising from this Agreement.
<br />
<br />15. Insurance. During the term of this Agreement, Lifetime shall maintain in full force and
<br />effect, at its own cost and expense, insurance coverages with insurers licensed to provide insurance
<br />in California. Lifetime shall have the obligation to furnish City, as additional insured, the minimum
<br />coverages identified below, or such greater or broader coverage for City, if available in the
<br />Lifetime’s policies:
<br />
<br /> A. General Liability and Bodily Injury Insurance. A commercial general liability insurance
<br />for at least $1,000,000 each occurrence and $5,000,000 aggregate and provide that: (1) the City,
<br />its officers, employees and agents; and (2) the Pleasanton Unified School District, its officials,
<br />agents, employees, contractors, and invitees, are named additional insureds under the policy as
<br />evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall
<br />state in writing either on the Certificate of Insurance or attached rider thereof that this insurance
<br />will operate as primary insurance for services provided by Lifetime and its subcontractors, and
<br />Docusign Envelope ID: 24C002DB-26FC-4B11-90E4-6D5F84818FC7
|