HomeMy WebLinkAbout06/01/1999, C2 - SWIM CLUB USE AGREEMENT CounC1L M"6,Dw
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CITYOF SAN LUIS O B I S P O
FROM: Paul LeSage, Parks & Recreation Director l
Prepared by: Robin Perrin
SUBJECT: Swim Club Use Agreement
CAO RECOMMENDATION
Approve a use agreement of the SLO Swim Center with the San Luis Obispo Seahawk Swim
Club.
DISCUSSION
The San Luis Obispo Seahawk Swim Club has utilized the SLO Swim Center to provide a
competitive program to the community of San Luis Obispo since the pool opened in 1979. An
agreement for use has existed between the Club and the City since that time. This proposed
Agreement replaces the one which has been in effect since 1993. There are, in concept, no
changes to this Agreement. An attempt was made, through interaction between City and Club
staff, to update the agreement to reflect mutually agreed to use times and cost. Much of what
is now in print has been working successfully for several years.
Billing is managed through the City Finance Department on a quarterly basis. A yearly use.fee
total was determined by agreement between the Club and the City and divided into four equal
payments.
For the last five years the use fees for the Club have only been increased each year on July 1
by the current CPI. The fee schedule proposed in this plan provides an approximate 10%
increase over the first three years of this agreement. The Club use fee increase is in line with
increases assessed to public users in departmental programs.
The fees assessed for non-practice based Club events such as swim meets was simplified to a
per-hour basis by agreement between the Club and City.
The office space usage fee is assessed on a flat per-month basis and will increase each year
covered in this Agreement by $5.00 per month.
Additional language in the text of this Agreement was included to address safety issues such as
coaches' certifications, supervision of Club swimmers, facility security, and first aid supplies.
CONCURRENCES
The Board of Directors of the San Luis Obispo Swim Club has approved this Agreement.
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Council Agenda Report=Swim,Cldb Use.Agreement c
Page 2
FISCAL IIVIPACT -
This Agreement will increase revenue by $577.00 in. FY 1999, by $660.00 in FY 2000, by
$.460.00 in FY 2001, andby$3.48.00 in FY 2002.
Attachments
L. Agreement - Use of SLO Swim Center in Sinsheimer Park
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Exhibit "A"
AGREEMENT
USE OF SLO SWIM CENTER IN SINSHEIMER PARK
THIS AGREEMENT, made and entered into this 1st day of July, 1999, 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 65
A. September - May
Monday - Friday
6:00 - 7:00 and 8:00 - 9:15 am (long course)
■ In the pool before 6am will not be guaranteed by contract.
■ 3 lanes will be designated in contract.
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■ Other uses may be scheduled for a portion of the pool between 8:00 and
9:15am— these uses would allow for 4 or 5 lanes long course for the Club
use.
10:30 - 1:30pm (short course)
■ 4 lanes 10:30-11:30 on Monday, Wednesday, and Friday.
■ 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:OOpm (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 5:00. If polo practice continues
past 5:00, 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
S:OOpm.
■ 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 S:OOpm.
■ 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
S:OOpm, 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:OOpm, 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.
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C. June - August
Monday - Friday
6:00 - 8:00am (long course)
■ In the pool before 6am will not be guaranteed by contract.
■ 3 lanes will be designated in contract (1 additional lane may be used if space
is available).
■ Pool space will be available between 8:00 am and 9:15 am. - Monday,
Wednesday, Friday of one week, Tuesday and Thursday of the next.
9:30 - 11:30am (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.
11:30 - 1:30pm (short course)
■ 3 lanes available in the deep end, excluding the very last lane which is
reserved for aqua joggers.
■ An additional lane might be available if space permits.
4:00 - 8:30pm (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 4:00 - 5:30pm.
■ From 5:30 to 8:00pm Club has use of the deep end of the pool not including
the wide lane in the middle.
■ At 8:00pm the pool use will be scheduled to also accommodate High School
club water polo.
■ Scuba classes will be conducted during this evening time period as well.
D. June - August
Saturday
8:00 - 10:00am (long course)
4:00 - 6:OOpm (short course)
** Circum-stances, 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.
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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. $ 1555.00 for 1'quarter - July, August, September
B. $ 1555.00 for 2nd quarter - October, November, December
C. $_L555.00 for 3'd quarter - January, February, March
D. $_L555.00 for 4d' quarter - April, May, June
Additionally, Club will be billed quarterly for use of office space at Pool. This amount
will equal $_L5.00 per month. See section XIV. The fee for use of office space will
increase by $60.00 per year (equivalent to $5.00 per month).
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 calculating a fee of 27
cents/lane/hour.
M. Term and Renewal
A. The term of this agreement shall be one (1) year, to commence on July 1, 1999.
A. 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 billing for the
subsequent 3 years has been determined as follows: July 1, 2000 quarterly
billing increases to $1670/quarter. July 1, 2001 quarterly billing increases
to $1785/quarter. July 1, 2002 quarterly billing increases to $1872/quarter.
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:
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A. Sanctioned Swim Meets (Scheduled in accordance with Section N)
$50.00 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 N 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
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.
Such insurance shall insure such performance by the Club of the indemnity
provision of Section XXI but shall not limit the liability of the Club to the stated
amount of the insurance.
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 the written permission fust being granted
by the Club. Any equipment provided by the Club to the City on a permanent basis
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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 are 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. 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 $-L5-.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
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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. However, since Club
does use the pool at times when City staff are not present, Club should furnish any and
all supplies needed to handle a hazardous material incident should one occur when City
staff are not present.
XVI. Club agrees to accept responsibility for supervision of Club users at all times in
accordance with the U.S. Swimming Insurance Summary.
i. 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 are 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.
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.
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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.
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 Allen Settle N
ATTEST: e
Lee Price, City Clerk Name
APPROVED AS TO FORM:
Title
J ) gen9 n i Attorney
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