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11-22-2021 Council Packet
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11-22-2021 Council Packet
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11/24/2021 4:02:59 PM
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City Council
Council Document Type
Council Packet
Meeting Date
11/22/2021
Council Meeting Type
Regular
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4 <br /> <br />Section Seven <br />Employees <br /> <br />7.1 All personnel employed at the Fitness Center shall be employees of EF and not of City. <br />EF shall select the number, function, qualifications, compensation and benefits of these <br />employees and shall control the terms and conditions of their employment. <br /> <br />Section Eight <br />Personal Property <br /> <br />8.1 Except as provided herein, ownership of the personal property shall remain with the party <br />who supplied same. <br /> <br />8.2 If EF, as a business, is sold, and the City terminates this agreement as provided in Section <br />2.1 hereof, the City shall have the right to continue to use all fitness equipment in the <br />Fitness Center, notwithstanding EF’s ownership of the equipment, for one (1) year from <br />the date of termination. At the expiration of the one year period, EF shall promptly <br />remove the equipment. If the equipment is not removed within thirty (30) days, it shall be <br />deemed abandoned. <br /> <br />Section Nine <br />Insurance <br /> <br />9.1 City shall carry real property insurance on the Facility and Fitness Center against loss or <br />damage in such amounts as may be determined by City. <br /> <br />9.2 EF shall carry the following minimum insurance, in the name of EF with City listed as <br />additional insured: <br /> <br />1) Commercial general liability insurance insuring against claims for injury, death or <br />property damage occurring on, in or about the Facility with single limit, aggregate <br />and excess liability coverage in a minimum amount of $2,000,000 per occurrence, <br />$3,000,000 annual aggregate. The policy shall cover liability arising from <br />premises, operations, products-completed operations, personal injury, advertising <br />injury, and contractually assumed liability. <br /> <br />2) Worker’s Compensation in a statutory amount and Employers Liability Insurance <br />in the amount of $500,000 on all personnel employed by EF at the Fitness Center, <br />during the term of this Agreement. <br /> <br />3) Employee Theft and Third-Party Theft Crime Insurance in the amount of <br />$500,000. <br /> <br />4) Excess Liability coverage in the amount of $1,000,000 <br />
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