HomeMy WebLinkAbout06/20/2006, C5 - CONTRACT WITH SEAHAWK SWIM CLUB council M.6nD�� b�
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CITY O F SAN L UI S OBISPO
FROM: Betsy Kiser, Director of Parks and Recreation Gy)
SUBJECT: CONTRACT WITH SEAHAWK SWIM CLUB
CAO RECOMMENDATION
As recommended by the Parks and Recreation Commission, approve a one-year contract between
the City of San Luis Obispo and the Seahawk Swim Club for use of the Swim Center, effective
July 1, 2006 to June 30, 2007.
DISCUSSION
Background
The Seahawk Swim Club has had a contract with the City for use of the SLO Swim Center since
1979. The Club conducts all practices and various swim meets at the SLO Swim Center. The
community benefits from the Club's existence by having access to a competitive swim program
available to youth through seniors.
Last year the annual fees for pool usage were increased by 10%, bringing the fees in line with
current trends. Prior to last year, the contract had not been adjusted since 1999. Between 1999
and 2006 the fees for the Club had increased by the Consumer Price Index (CPI-U all Urban
Consumers Los Angeles-Riverside-Orange County 1982-84=100) for each respective year and
the contract extended by a provision for the agreement to roll-over to subsequent years by mutual
consent between the two parties (City and Club).
In 2006, the Club and City agreed to work together to survey other like clubs in California to
compare fees paid at other facilities. A survey was prepared and issued to 12 other programs,
including a few located out of state. Only one response was received. Unfortunately, this was
not an effective too] for determining a cost comparison. Staff is not recommending reissuing the
survey based on the discussion below.
Current Situation
Similar to what has happened with pool usage at the City, the Club has experienced a severe drop
in membership due to the opening of the Kennedy Fitness facility in San Luis Obispo. This drop
in membership has resulted in much less revenue for the Club to draw from for their
expenditures. As mentioned above, the Club provides a valuable and essential aquatic program
for the community and it is the opinion of staff that any major increase in fees for the Club will
adversely affect its ability to remain solvent. For this reason, the recommendation is for the fees
for the Club to be adjusted annually in accordance with the Consumer Price Index (CPI-U all
Urban Consumers Los Angeles-Riverside-Orange County 1982-84=100), as has been the practice
in the past.
2006-07 Seahawks Swim Club Contract Page 2
Staff originally proposed a five-year contract with the Seahawk Swim Club. After discussion
with the Swim Club's current Board of Directors, a one-year agreement is being recommended at
this time. The rationale for a one-year contract stems from a desire by the current board to not
commit a future board to a long-term agreement. City staff will continue to seek multiple year
contracts in the future (see Attachment 1 for contract).
CONCURRENCES
The Parks and Recreation Commission reviewed the contract at its June 7; 2006 meeting and
recommended approval of the terms (see Attachment 2).
ALTERNATIVES
The City Council could request a five-year contract, but due to the concerns of the current
Seahawks Board of Directors, staff does not recommend a longer term this year. Staff will seek
multiple year contracts in the future.
FISCAL IMPACT
The City will realize a slight increase in revenues as a result of the new use fees.
ATTACHMENTS
1. Contract
2. Parks and Recreation Commission June 7, 2006 draft meeting minutes
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G:WDMIN\Counci1 Agenda ReportsTooh6.20.06-Seahawk Contract.doc
ATTACHMENT,_.,,.,_
AGREEMENT
USE OF SLO SWIM CENTER IN SINSHEIMER PARK
THIS AGREEMENT, made and entered into this 1st day of July, 2006, 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:OOam (long course)
■ In the pool before 6am will not be guaranteed by contract.
■ 3 lanes will be designated in contract.
s Additional lane space might be available for either program when lanes
exceed 10 swimmers per lane.
es- 3
- ATTACHMENT
12:00 - 1:30pm (short course)
■ 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 - 8:00pm (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.
■ 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
S:OOpm, up to 6 from 5:00 to 5:30, and up to 9 after 5:30pm. 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.
■ 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 needed 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,
with no space impact to Club.
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.
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ATTACHMENT-1.
C. June - August
Monday - Friday
5:45 - 9:15am (long course)
e In the pool before 6am will not be guaranteed by contract.
■ 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)
■ 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 - 1:30pm (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 - 8:00om (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.
e 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,
with no space impact to Club.
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 (more than a couple of days),
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.
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ATTACHMENT
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. $ 2235.00 for 1" quarter - July, August, September
B. $ 2235.00 for 2nd quarter - October, November, December
C. $ 2235.00 for 3' quarter- January, February, March
D. $ 2235.00 for 4' quarter - April, May, June
Additionally, Club will be billed quarterly for use of office space at Pool. This amount
will equal $ 113.75 per month. See section XIV.
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, 2006.
B. This agreement may be renewed on the same terms and conditions on a year-to-
year basis upon mutual consent of the parties hereto. The amount of the use fee
will automatically be adjusted on July 1 of each subsequent year by the
percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index
for all urban consumers (CPI-U), all cities average for the prior calendar year.
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 forty-
five (45) 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:
ATTACHMENT_
A. Sanctioned Swim Meets (Scheduled in accordance with Section IV)
$57.00 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.
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
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 shall furnish to City evidence of current policy of comprehensive general
liability insurance in an amount not less than $1,000,000 which shall name the City as
additional insured for those periods of time that Club is conducting its program at the
SLO Swim Center.
Evidence of insurance shall consist of a certificate of insurance evidencing the
coverage required and an additional insured endorsement to the Club's general
liability policy. Any actual or alleged failure on the part of the City to obtain proof
of insurance required under this agreement in no way waives any right or remedy
of the City in this or any other regard.
The evidence of insurance shall contain an endorsement that the insurance is
primary coverage and will not be terminated or altered by the insurer except on 30
days written notice to City.
XI. 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
ATTACHMENT_____
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
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
ATTACHMENT._
supplies shall be known by all coaches and Club users. This is not inclusive 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.
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.
XVI. 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 I 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.
ATTACHMENT-
XX.
TTACHMENTXX. Either party may terminate this agreement without the other party's consent by
giving six months written notice.
XM. 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.
- ATTACHMENTS-�
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
APPROVED AS TO FORM
6:;an P. Lowell, City Attorney
Parks and Recreation Comm .on
Minutes for June 7, 2006
Page 2 OTACHMENT 2
Recommendation:
Approve final draft of by-laws and forward recommendation to the City Council for adoption.
(Kriet/Lemieux) 5 yes: 0 no: 2 absent (Knight; Dollar)
5. Contract with Seahawk Swim Club
Director Kiser presented the staff report to the Commission regarding the 2006 Contract with the
Seahawk Swim Club for use of the Swim Center.
Commission discussed the item and ask for clarification on several areas of the contract.
Recommendation:
Forward a recommendation to City Council to approve a one-year contract between the City and
Seahawk Swim Club for use of the Swim Center, effective July 1, 2006 to June 30, 2007.
(Griffin/Kriet) 5 yes: 0 no: 2 absent (Knight;Dollar)
6. Director's Report
Director Kiser briefed the Commission on the following projects:
• Park Tour: July 12, 2006. Invitations will be sent along with a syllabus for the day's activities.
• Council approval of Golf Course Rate Review and conceptual approval of the CIP and
operating program changes
• Hiring of Supervising Administrative Assistant,Marti Reynolds
• Update on the meeting with SESLOC regarding Damon-Garcia Sports Fields parking issue
• Status of
park playground renovations
landscaping of berms at the Water Reclamation Fields
El Chorro Park renovation
Therapy Pool design
bridge design for Laguna Lake Golf Course
7. Communications
None
8. Staff Report
Recreation Supervisor Bremer presented a powerpoint presentation on the facilities section.
Commissioners expressed most interest in the wear and tear on the fields.
Parks Maintenance Supervisor Beights reported on Cheng Park progress; weed abatement efforts;
removal of tree wells from trees downtown; mosquito season spraying of wet areas; budget issues; the
Mission Plaza CIP; Grizzly Academy mentorship; and a boy scout project to put in a kiosk at Laguna
Lake on flora and fauna.
9. Committee Reports
Commissioners gave brief reports on committee meetings they attended. -_/z
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