Loading...
HomeMy WebLinkAbout06/21/2005, C3 - SWIM CLUB CONTRACT O counat MmmeDm June 21,2005 j Acjenba RepoRt CITY OF SAN LUIS OBISPO FROM: '1 Paul LeSage, Parks and Recreation Director SUBJECT: Swim Club Contract CAO RECOMMENDATION As recommended by the Joint Use Committee and the Parks and Recreation Commission, adopt a resolution approving a contract between City of San Luis Obispo and Seahawk Swim Club effective July 1, 2005 to June 30, 2006, for the use of the SLO Swim Center. DISCUSSION For over 30 years, the Seahawk Swim Club has provided a competitive swimming program for youth and adult residents of San Luis Obispo. In fact, Swim Club members were instrumental in the construction of the Swim Center. The Swim Club is the natural progression of swimmers as they advance through the City swim program. There is a "full circle" effect as most of the lifeguard and instructional staff members at the Swim Center are former Seahawks. The Seahawks use of the pool has always been governed by a contract with the City. This update reflects current usage and new use fees. The last time the contract was taken before the City Council was 1999. Since there were no major adjustments required between 2000 and 2004, the contract was extended by a provision for the agreement to roll-over to subsequent years by mutual consent between the two parties. Each year, since 1999, the fees for the Club have increased only by the CPI for each respective year and have not been based on equity with other pool users. The major adjustment to the current contract is a nearly 10% increase in annual fees for pool usage to bring these fees into closer alignment with these other users. The new fee for 2005 will be $2,161.50/quarter. In 2004, the Club paid $1,965.00/quarter. The City and the Club have agreed that new discussion will occur in a year to establish the fees for 2006. During this year, Club and City will work together to identify fees paid by other swim clubs in the surrounding area. CONCURRENCES The amendment was reviewed and approved by the Joint Use Committee on April 26, 2005, and the Parks and Recreation Commission on May 4, 2005. Minutes from those meetings are included as attachments 2 and 3. The Seahawk Club Manager/Head Coach appeared at both the JUC and PRC and spoke in support of the revised contract. FISCAL IMPACT The City will realize a slight increase in revenues as a result of the new use fees. G:14gt?%MserMgenda Peep File.ACAR-6.21.05.DOC e3-I o Swim Club Contract Page 2 ALTERNATIVES Do not approve the contract. This is not recommended, as the Club provides a needed service to the community in the form of a competitive outlet for youth through seniors. ATTACHMENTS 1. Resolution Exhibit A - Contract 2. JUC minutes from April 26, 2005 3. PRC minutes from May 4, 2005 OATTACHMENT 1 AGREEMENT USE OF SLO SWIM CENTER IN SINSHEIMER PARK THIS AGREEMENT, made and entered into this 1st day of July, 2005, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter"City") and the SAN LUIS OBISPO SWIM CLUB, INC., also known as the SAN LUIS OBISPO SEA HAWKS, an educational, non-profit, tax-exempt corporation headquartered in the City of San Luis Obispo (hereinafter, "Club"). . WITNESSETH: WHEREAS, City is the owner and operator of the SLO Swim Center located in Sinsheimer Park(hereinafter"Pool"); and WHEREAS, City desires that all residents of San Luis Obispo with interests in any manner of aquatic activities, including competitive swimming, have the opportunity to make use of Pool; and WHEREAS, Club makes available aquatic training.and competitive experience as well as other aquatic activities to all members of the community and has indicated its desire to make Pool its home facility; NOW,THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions herein set forth, City and Club hereby mutually agree and covenant as follows: I. City hereby grants to Club the use of Pool for club use for the days and hours listed. Use is based on the following average daily attendance figures: Youth 110 Adult 45 A. September-May Monday- Friday 5:45 - 7:00am (long course) ® In the pool before 6am will not be guaranteed by contract. ■ 3 lanes will be designated in contract. ■ Additional lane space might be available for either program when lanes exceed 10 swimmers per lane. 12:00— 1:30pm (short course) rs-3 OATTACHMENT I ■ 3 lanes available, 11:30-1:30 in the deep end, excluding the very last lane which is reserved for aqua joggers. ■ An additional one or two lanes might be available if space permits. 3:30— 8:001)m (short course) ■ #of lanes available will range from 2 or 3 to as many as 9, depending on other uses in the pool and the time of year. ® During High School water polo season, shallow end space is typically available for Club use between 3:30 and 5:00pm. If polo practice continues past 5:30, up to 3 lanes may be available for Club use in the shallow end until polo is finished. On game dates, practice may have to be canceled, hours adjusted, or use developed based on having only 3 lanes available after 5:00pm. E During High School swimming and diving season, lanes available to Club will be decided upon by discussion between Pool Supervisor, Club Coach, and High School Coach. Club could anticipate 5 lanes from 3:30 to 5:00pm, up to 6 from 5:00 t 5:_30, and up to 9 after 5:30p m. On meet dates, use may have to be canceled, hours adjusted;or work outs developed based on having only a couple of lanes available after 5:30pm. o During the May swim lesson program, lane space availability will be decided upon by discussion between Club Coach and pool Supervisor. Club could anticipate up to 8 lanes in the middle of the pool between 3:30 and 5:30pm, leaving the shallowest and deepest portions of the pool, as well as the diving boards, available to conduct lessons. ■ When Lifeguard Training and WSI courses are offered(typically between late February and the end of May), space may be ed in the deep portion of the pool between 7:00 and 8:00pm, probably 6 lanes maximum on nights when the diving boards are needed. The shallow end of the pool can be available after 7:00 am to the Club so that available space is not actually reduced, simply moved. ■ Scuba classes will be conducted during this evening time period as well. B. September- May Saturday 8:00— 10:00am (long course) ■ Other activities such as in-service trainings and testing may also be scheduled occasionally during this time period. C. June -August Monday -Friday 5:45—9:15am (long course) ■ In the pool before 6am will not be guaranteed by contract. C3 CATTACHN EENT 1 ■ 3 lanes will be designated in contract. ■ Pool space will be available between 8:00 am and 9:15 am, long course— Monday, Wednesday, and Friday. 9:30 - 11:30am (short course) e 4 lanes will be made available (wide lane in the middle of the pool counts as one lane) for Club to conduct practice. 12:00 - 1:301)m (short course) ■ 3 lanes.available in the deep end, excluding the very last lane which is reserved for aqua joggers. ■ An additional one or two lanes might be available if space permits. 4:15 — 8:OOpm (short course) ■ 7 lanes will be made available (wide lane in the middle of the pool counts as one lane) for Club to conduct practice from 4:15 - 5'30pm. ■ From 5:30 to 8:30pm Club has use of the deep end of the pool not including the wide lane in the middle. Additional lanes can be made available for either program. ■ Scuba classes will be conducted during this evening time period as well. D. June - August Saturday 8:00— 10:00am (long course) ** Circumstances, such as equipment failure, power outages, and meet usage by the high school, could arise necessitating canceling of any of the contractual times. As much notice as possible will be provided to permit notification to swimmers. In the event the pool is closed for an extended period of time, adjustments to the quarterly fee may be considered. As indicated, hours of use are not exclusive and the Club may share Pool with other users and/or programs as scheduled by the Pool Supervisor. II. Club agrees to pay the City use fees as follows: A quarterly invoice will be mailed to Club from the City Finance Department. A. $ 2161.50 for 15'quarter—July, August, September B. $ 2161.50 for 2nd quarter—October, November, December C. $ 21613o for 3rd quarter—January,February, March D. $ 2161.50 for 4`t'quarter—April, May, June Additionally, Club will be billed quarterly for use of office space at Pool. This amount will equal $-110.00 per month. See section XIV. C3 �� ATTACHN ENT 1 If Club and City agree that Club may use the Pool at times in addition to those set out above, the use fee for the additional time shall be determined by Club and Pool Supervisor. III. Term and Renewal A. The term of this agreement shall be one (1) year, to commence on July 1, 2005. IV. City hereby further grants Club use of Pool to host certain swim meets. Swim meet dates must be submitted to the SLO Swim Center Supervisor a minimum of sixty(60) days prior to the date. Club shall generally have exclusive use of pool and pool facilities for scheduled, approved swim meets. Club agrees that no swim meet set-up or participant warm-up will be allowed prior to the starting times arranged and that all swim meet participants and spectators will remain outside the confines of the SLO Swim Center until such starting time. V. City agrees to provide the additional custodial supplies required during a swim meet. VI. Club agrees to leave entire facility in a clean, safe condition at the culmination of each swim meet. VII. In consideration for the pool time and services during swim meets, Club agrees to pay City according to the following schedule of rates: A. Sanctioned Swim Meets (Scheduled in accordance with Section IV) $55.00 per hour—inclusive of Pool staff(2) to assist with meet functions in accordance with meet guidelines. B. Sanctioned Dual, Intersquad meets, Clinics or time trials (Scheduled in accordance with Section IV and when not occurring during regular hours for Club use): To be determined on a case by case basis between Club and Pool Supervisor. VIII. City agrees to grant Club the concession rights during meets mentioned above. In consideration for concession rights, Club agrees that no food sales or food consumption will be allowed on deck and Club agrees to pay City (10%) of gross sales of any food or product sold during meets. Club agrees to inform any outside vendors participating in meets of the requirement to pay City(10%) of gross sales realized on City property. IX. City hereby grants the Club the right, with no liability to the City for loss or damage, to store at Pool such aquatic equipment that is associated with the Club's program. The storage thereof shall not interfere with normal City operations of other C3�� ATTACHMENT 1 aquatic programs, impede access to any part of the facility, or create a safety hazard. Storage area shall be approved by the SLO Swim Center Supervisor. X. Club agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Club's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Club, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Club's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. Club shall procure and maintain for the duration of this agreement insurance as specified in the Insurance Requirements set forth in Exhibit"A", attached and incorporated herein by reference. The Insurance Requirements may be reduced upon written permission from the City's Risk Manager. M. Club agrees to furnish, for its own use, any and all aquatic equipment it deems necessary to conduct a safe training and competitive program. Such property, including fixtures that are not an integral part of Pool, shall remain the property of the Club and shall not be used by any other group without permission first being granted by the Club. Any equipment provided by the Club to the City on a permanent basis shall be covered by separate agreements. Club agrees to assist yearly with replacement costs of equipment used by both City and Club such as lane lines, lane line reels, backstroke flags, etc. XII. Club agrees to furnish, for its own use, a minimum of one (1) telephone;this telephone to be installed in Club office space and in a location mutually agreed to by Director of Parks and Recreation and Club representative. Telephone shall be listed in local directory under Club's full name. All costs associated with telephone will be borne by Club. XIII. Club shall furnish any and all personnel necessary to conduct its aquatic workouts and swim meets. At least one coach must be on deck for the duration of all Club workouts. Coaching staff shall remain at the facility until all Club users have left, including times when City staff is also present. City staff shall not be responsible for Club users still in the facility at the conclusion of the workout or meet. Club coaching staff shall remain current in all certifications required by State agencies and U.S.A. Swimming (or other affiliation). Club is responsible for providing copies of current certificates for all coaching staff to Pool Supervisor. If coaching staff is not present for a scheduled event, the Club practice will be canceled and Club members at the facility will be asked to wait outside. Club is 0 ATTACHMENT I required to inform Pool Supervisor of any changes in regular workout/practice schedules. Any person that is responsible for a Club aquatic activity must be a paid or volunteer employee sanctioned by the Club Board of Directors. A list of such sanctioned personnel will be provided to City and kept updated quarterly. Club shall also maintain a current phone list of sanctioned personnel and provide a copy to the City. XIV. City will make available to Club, on a space available basis, office space to conduct Club business. The space determined for this use will be mutually agreed to by Director of Parks and Recreation and Club representative. Club will compensate City $110.00 per month for this office area, billed quarterly by the City Finance Department, together with billing for Pool use fees. The Club office space shall be kept maintained,by Club staff, in a manner acceptable to the City. Should the area determined as Club office become necessary for City operations, this section (XIV) may be terminated, upon thirty (30) days notices, and have no affect on the remainder of this agreement. XV. Club agrees to maintain at all times, during Club's use of Pool, an adequate supply of first aid materials, including cold pack supplies, to meet the needs of both the workout program and any swim meet activity/event. The availability of Club's first aid supplies shall be known by all coaches and Club users. This is noninclusive of materials needed to clean up a potential hazardous material spill. XVI. Club agrees to accept responsibility for supervision of Club users at all times in accordance with the U.S.A. Swimming Insurance Summary.. 1. This supervision is inclusive to all parts of the facility(lobby,locker rooms, deck, pool and multi-purpose room). This supervision begins when Club user enters the facility and ends when Club user leaves the facility. Club users are expected to follow reasonable standards of behavior at all times when using any part of the facility(lobby, locker rooms, deck, pool and multi-purpose room). Coaching staff is solely responsible for monitoring Club users at all times. The multi-purpose room shall not be utilized by any Club member unless under constant supervision by a Sanctioned Coach or Volunteer. 2. Coaching staff is responsible for performing a thorough walk through and check of the facility before leaving after each shift. The purpose is to make sure all members have left, all belongings are retrieved, and the facility is left clean and safe. This is required even at times when other City staff are present and/or City programs are still in progress 3. Coaching staff are responsible for securing the facility at times when no other users or staff is present. No individuals shall be left un-supervised at the facility. Coaching staff is responsible for securing all entrances and exits and restrooms. Coaching staff may be responsible for activating the alarm. ATTACFIMENT 1 4. All coaching staff will be provided training specific to the SLO Swim Center by an individual from the Club designated by the Club Board of Directors. This training will occur upon initial hiring and be conducted thereafter on an annual basis. This training will include, but not be limited to: storage of lane lines, space availability for each shift, operation and use of pool covers, alarm activation and deactivation, user supervision, use of multi-purpose room, location of equipment, location of first aid supplies, and securing facility. 5. All coaching staff will be provided an Emergency Procedure orientation conducted by an individual designated by the Pool Supervisor-. XVII. Club retains the right to expand its program to meet the needs of the community as outlined in its corporate articles and bylaws. Any expansion of programs will not change use time or rental rates as described herein except as provided for in Section II of this agreement. XVIII. Club shall be responsible for damage to the physical plant and any City owned equipment, excepting normal wear and tear, if the damage occurs during the time Club is using Pool and the damage arises out of and is in connection with Club's use of the Pool. M. Club shall notify the City if its tax-exempt and non-profit status should change. XX. Either party may terminate this agreement without the other party's consent by giving six months written notice. XXI. Notices under this agreement shall be sent by certified mail, return receipt requested, postage prepaid, addressed as follows: CITY: Director of Parks and Recreation City of San Luis Obispo 1341 Nipomo St. San Luis Obispo, CA 93401 CLUB: San Luis Obispo Swim Club, Inc. Board of Directors P.O. Box 142 San Luis Obispo, CA 93406 XXII. Club agrees to defend,indemnify, protect and hold City and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Club's employees, volunteers, and participants, arising out of Club's use or occupancy of the SLO Swim Center, and all expenses of investigating and defending against same. However, Club's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City. ATTACHMENT 1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF SAN LUIS OBISPO SAN LUIS OBISPO SWIM CLUB, INC. By: By: Mayor Dave Romero Name ATTEST: Title Audrey Hooper, City Clerk Name APPROVED AS TO FORM: Title Jo tha . Lowell, City Attorney C /O Ex�[b to INSURANCE REQUIREMENTS- Operation & Maintenance Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor,its agents,representatives,employees or subcontractors. Minimum Scope of Insurance. Coverage shall be least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). 3. Workers'Compensation insurance as required by the State of California and Employers Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage. shall contain no special limitations on the scope of protection afforded to the City, its officers, official,employees,agents or volunteers. 2. For any claims related to this project, the. Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractors insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • 10 Cxh, f 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled 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 the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANLL Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. OO ATTACHMENT--- y-� ADVISORY COMMITTEE ON JOINT USE OF RECREATIONAL PROPERTY APRIL 26, 2005 MINUTES PRESENT: Chair May, Vice Chair Cochran, Committee Members Kriet,Thoma, Conner, Lewis, Knight (arrived late) STAFF: City of San Luis Obispo: Parks &Recreation Director LeSage, Recreation Manager Fitzgerald, Recreation Supervisor Perrin, Recreation Supervisor Bremer, Parks &Urban Forestry Supervisor Beights, Program Specialist Leiser Meeting was called to order at 12:00pm by Chair May. Recreation Manager Fitzgerald, serving as Acting Deputy City Clerk, administered the Oath of Office to Chair May and Committee Member Conner. PUBLIC COMMENT PERIOD: None MINUTES OF MARCH 22, 2005 MEETING MOTION: (Kriet, Thoma) Approve the March 22, 2005 minutes as written; approved 6- 0-1, Committee Member Knight absent: JOINT USE FUND REPORT Recreation Manager Fitzgerald reported no change in the Joint Use Fund balance, which currently stands at $173.71. ELECTION OF CHAIR AND VICE CHAIR MOTION: (May, Conner)Elect Nancy Cochran Chair and Ed Thoma Vice Chair for the Joint Use Committee. Motion rescinded by May and Conner after further discussion. MOTION: (Kriet, Conner)Elect Ed Thoma Chair and Nancy Cochran Vice Chair for the Joint Use Committee; approved 6-0-1, Committee Member Knight absent. Committee Member Thoma will assume the role as Chair at the May meeting. BYLAW REVIEW Recreation Manager Fitzgerald reviewed her staff report and recommended a change in the bylaws reflecting the appropriate name for the meeting location. MOTION: (Thoma, Conner)Approve the following change to the Joint Use Committee bylaws: under Section V, change the meeting location from the San Luis Obispo Parks & Recreation Department to the Ludwick Community Center, and have changes forwarded to the City Council for approval; approved 6-0-1, Committee Member Knight absent. C3-13 ATTACHMENT Advisory Committee o„ joint Use of Recreational Property page 2 April 26, 2005 Minutes MAJOR CITY GOAL Parks &Recreation Director L.eSage went over the Major City Goal on Cooperative Use of Sports Facilities and shared comments on his trip to sites in Salinas, San Jose and Milpitas that have synthetic turf fields. SWIM CLUB CONTRACT/USE FEES Recreation Supervisor Perrin presented the staff report on the Seahawk Contract for use of SLO Swim Center. David McDevitt, representing the Seahawks, was present and answered questions regarding the contract. MOTION: (Lewis, Kriet) Approve the contract with the San Luis Obispo Seahawks for use of SLO Swim Center and have the concurrence forwarded to the City Council; approved 7-0. THERAPY POOL REVIEW Director L.eSage reviewed his staff report with the JUC and distributed a second option to the conceptual plan. The substitute is being offered as an alternative due to the County Health Department's concerns on the steps leading into the Therapy Pool. Commissioners had several questions that Director LeSage and Recreation Supervisor Perrin responded to. MOTION: (Knight, Cochran)Endorse the design concept for the Therapy Pool and include the public art component as a functional part of the project; approved 7-0. STAFF REPORTS Parks &Urban Forestry Supervisor Beights updated the JUC on the maintenance aspects of Damon-Garcia Sports Fields. Recreation Manager Fitzgerald asked JUC members to forward names to herby April 29 for those who should be invited to the Damon-Garcia dedication on May 27. Meeting was adjourned at 1:OOpm to the May 24, 2005 meeting. C3-iy I ATTACHMENT a Parks and Recreation Commission MINUTES City Council Chambers, 990 Palm Street Wednesday, May 4, 2005 7`.00 p.m. CALL TO ORDER: Chair Peter Dunan called the meeting to order at 7:04 p.m. ROLL CALL: Chair Pete Dunan, Commissioners: Gary Clay, Bill Pyper, Don Dollar, Ty Griffin,Jill Lemieux and John Knight. ABSENT: None. STAFF: Director Paul LeSage, Betsy Kiser, Jennifer Lawrence, Todd Beights, Robin Perrin, Shannon Bates and Ashley Blake. CONSIDERATION OF IVQNUTES: The minutes of the April 6, 2005 meetings were approved as submitted. 1. Contract with Seahawk Swim Club Robin Perrin, Aquatic Recreation Supervisor, presented this staff report. Commission discussed the item. Recommendation: Recommend.to the City Council to approve the contract between the City and the Seahawk Swim Club effective July 1, 2005 to June 30, 2006. (Knight/Pyper). 2. Volunteer of the Month Chair Dunan presented Erica Stewart as the Volunteer of the Month. 3. Memo on Park Land and Facilities Director Paul LeSage presented this staff report.. Commission discussed the item. Knight — does not want to mix trail corridors in with parks,liked formula of 5 acres per 1,000 people, suggested to amend policy if changing formula is desired. Dollar — questioned formula and turf, suggested using private lands for sports fields, reluctant to change Parks and Recreation Element due to conflicts with open space policies and the possibility of future budgetary situations where land would be hard to come by. Pyper — liked the idea of the potential water savings artificial turf fields would bring, not ready to .address amending the policy in the Element. Griffin — wanted to see a holistic picture of this before a decision is made, questioned long term financial support for turf fields. Dunan — wanted Commission to be aware of effects increasing developer fees would have on affordable housing in the area, liked the environmental aspects of turf fields (saving money), G:ICoun0A_=xb Repw&jPWI6.21.05-.Seahawk ContradtlpRC05.04.05 minutes(amdi 3).dnc / C3�1�