HomeMy WebLinkAboutResolutions 89-116 N.C.S. 05/01/1989~.r.
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Resolution No. 89-g16 N.C.S.
of the City of Pet~lutn~, C~~liforni~a
APPROVING SWIM CLUB AGREEMFddT
WHEREAS, the Petaluma Swim Club, a non-profit corporation devoted
to the promotion and development of swimming skills and to the
development of the young of the community; and,
WHEREAS, the use of the swim facilities during times when the
general public has a minimal need for the use of the facilities will
permit more efficient use of them, foster the development of the youth
of the community, promote the development of swimming skills and
benefit the citizens of the community;
NOW, THEREFORE, BE IT RESOLVED 1. The City Council of the City
of Petaluma authorizes the Mayor or City Manager to execute a one year
agreement (in the form attached as Exhibit A);?,with the Petaluma Swim
Club for the period May 1, 1989 - April 30, 1990.
2. Use of the swimming facilities will be based on a mutually agreed
upon schedule prior to April 1 of each year;
3. Fee Schedule:
$6.00 month Each swimmer residing within the
Petaluma High School District boundary.
$9.00 month Each swimmer residing outside the High
School District boundary.
$2.00 week Each swimmer who joins mid-month.
$600.00 Minimum annual payment to City.
Under the power and authority conferred upon this Council by the Charter of said City.
IZLF[:Il1;NCl;: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at'a (Regular) (~j~~4~~) meeting
on the ....1s.t ............... day of .......................1`'la.3z............................., 13.9...., by the
following vote: ...:...~ ...... .......................
ity Attorney
AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, Mayorfflil~rfigoss
NOES: 0
ABSENT: ~
ATTEST: ..... ~.
City Clerk
Council File..._......_.._ ...................
Ce\ 10-HS Kcs. No...89.-,~I6......... N.C.S.
MQV (1 i 1989 10 ~-
JOINT US,E AGREEMENT
BETWEEN CITY OF ~PETALUMA
AND THE PETALUMA SWIM CLUB
W:HEREA`S', tfie City of Petaluma, hereinafter referred to as the
City its the owner and operator of the swim facliit-y located a t 900 East
Washington S reef., Petaluma;; and .
WHEREAS, the swim facility is for the use and ber~e~fit of the
general public, but the City Council of the City finds that there are certain
days and hours during which the .•general public has minimal need for the
use of fhe facilities; and
WHEREAS.°, the Petaluma Swim Glub, hereinafter refsi-red to as
' Club., is a non profi',t ¢orBgraton, devoted to the promotion and ~'evelopment
of swimming skills and to the development of the young of the community;
anal c~;~
s,,.
WHERE;AS;, the :use by 'the Club of the-swim facilities et~cring when
the general public .has a minimal need. fore the use of the far~ilities ,will
perrnif the more ~ effic"ent use of them:, foster the development o!' the youth
of the. community, promote the. development of swimming skills :end benefit
the citizens of the- City;;
.NOW, THEREFORE, the City of~ Petaluma.,- a municipal corporation,
does .desire to, and does permit the use of the swim. facilities b~,~ the Club,
under. the terms and conditions hereinafter set forth.... This permit doesnot
constitute the conveyance. of any interest in the facility and this permit
,does not create an.y lease ''in any person-,i"t being the intent of the City to
provide in an orderly way by the terms and' conditions of this permit, .for
permission to the Club for- the: use of the facility for the promotion and.
development of swimming skills and the development. of the yc?uth of the
comm_ unity.
1. The permission granted., by this. agreement .,is non--exclusive
and, begins May 1:, 1989, upon. execution of~ "the agreement armd continuing.:
thereafter until .April 30,1990.
2.,. The City permits the Club to use the swimming.. facilities..
During shar.e.d lap swim hours., the Chrb shal'1 be entitled to use 1/3 of the
:available pool Tapes while the City shall be allotted 2/3 of the 11nes unless.
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use b"y the. general .public does not; warrant such a division. Staff and a
Club coach shall then determine the number- :of City lanes to be used by the
Club,, After April T, these schedules scan oiilq be c"hanged" by mutual
agreement of 'the City and Club . The Club is' entitled to one weekend swim
meet during. the Spring, Summer and Fa1L whereby the pool is closed to -the
public, and w~hieh must .also be~ scheduled prior to April 1 of each year.
3•.. The Club ..acknowledges that its safe use of the Swim Facility
durn.g the .hours schedu,l'ed for Club use shall: be its sole responsibility and
that its assurances. that it would use the Swim Facility in a safe and
reasonable manner were . a, eriti'cal inducement to fhe City's entering t is
Agreement
4. During the: Club swim lessons, the Club shall emp oy and
stat'ori as lifeguards a't thee: pool, at its own expense, at least 1-2 persons,
approved by the _ City.; possessing American. Red Cross certifications in
" Advanced Lifesaving, CPR, First Aid and .EMSA or the equivalent. Prior to
.its use of "any such lifeguards at the pool, the .Club shall supply the. City
in writing with their names, addresses and copies of their certifications.
Th'e' City .shall have the. right to ,reject as 1ifeguards~ any person whom the
City reasonably .believes .does not possess the: necessary skills or
qualifications to :assure fhe safe use of the- pool. During the Club swim
meets:;,: ,the,Club shall employ City lifeguards to supervise the meet and
enforce City ;policies aid regulations. Any such lifeguards shall be
employed by the Club at the Club's expense, and shall be pa"id in
accordance with. all applicab e state anal "federal wage laws .
5.~ The Club and its members, ~s,taff and employees .shall enforce
and obey all posted .pool safety rules.
6. The Club shall immediate'l.y correct any deficiencies in the
manner in which it supervises the use of the pool, whether or -not such
deficiencies are brought to the Club's attention by Gty Staff.
7.~ The Club .Shall exercise 'reasonable precautions for 'the: safety
of persons participating "in or attending programs and activities sponsored.
by the Club at the: Swim Faciht.y, and shall prevent access. of such persons
to the pool., pool area, :or any other portion of the Swim Facility under its
supervision which has become a danger to fhe health or safety of such
persons, The Club shall report immediately any dangerous condition to the
City's. Parks and Recreation Department .
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8. For the use of the ~-faci.lity, the Club should pay to the City,
the. sum. of $6.:00 per month for, each swimmer registered in the Swim Club
competition ,and swim lesson program who resides in the boundaries of the
Petaluma High School District,; and $9.00 per 'month for each swimmer
registered in the Swim Glut competition and swim lesson program.. who
resides outside tHe: boundaries of the Petaluma High School District.. The
C1'ub further :agr-ees to pay, the fee of $2.00 per week for each member who
joims mi'd-month..
9. The Club agrees to pay 'the City the minimum use of '$600:.00
on. the average for the ~seaso"n .
10. The Club steall submit an authorized audit report of
attendance and membership records w'i'th "payment on a monthly basis during
the swim season established by the City..
11. Dur.n'g..the en ire term of this agreement, the Club agrees to
procure and maintain pub,hc liability insurance at its sole expense to protect
against loss from. liabili~ incurred in performance of the Club's activities
and imposed' by law for damages on account of bodily injury, including
death there-from:, suffered or alleged to be suffered ' by . any persons
whomsoever., resulting directly or indirectly from any act or activity of the
Club, or any person acting for the Club or under its direction or control,
and also to protect against loss from, liability imposed. by law for damages to
any property of any `person caused directly or indirectly by or from acts or
activities of the Club, or any person acting for the Club, or under its
direction and controh. Such public liability and property damage insurance
shall also provide for- and protect the, City against incurring any legal cost
~in defending claims ,for alleged loss. .Such public liability and. property
damage insurance shall be maintained in 'full. 'force and effect throughout the
term o:f the agreement and any extension thereof in the fo lowing minimum
limits,::
a. Bodily Injury - $1, 000, 0.'00 .'OU each person
$1,000.,0OA,OQ-each :occurrence
b. Property Damage - $1,000,000.00' each occurrence
$1,000,OD0.00 aggregate
The .Club agrees that: the provisions of this paragraph as to
maintenance of insurance shall not be construed as limiting in any wag the
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extent to w;hic.h the' Club may be held. responsible for the payment of
damages to ,persons or property. resulting from, the Club's activities or the
activi-ties of any person or persons for whom: 'the Club is otherwise
responsi'b-1e~.
12, A Certificate of .Insurance., or' ari appropriate binder of
in urance; coverage. evidenen;g the above insurance coverage with a company
acceptable to the City's:. Risk 'Management Officer sh'aTl be submitted to the
City by the Glub prior to execution of this agreement by the City. .All
sucli 'insurance shall be primary and name the City, its officers, agents,
emp-1'o.yees and representatives as additional insure'ds,,
- 13. The terms of the- insurance •policy or. policies 'issued to
provide the above incur-ance coverage shall provide that said insurance
policy may not be cancelled or the terms materially changed therein, without
thirty (30) days prior written notice to the City :for any cause other than
nonpayment of premium.. In the event of nonpayment of premium, notices
shall be given ten (:10) ;'days prior to the effective. date of cancellation.
The Club shall, prior to the cancellation date,, or within twenty (20) days
of notice of `.material changes in terms of coverage,, submit to the City new
evidence of insurance in "the amounts heretofore established.
14. The Club agrees° to accept all responsibility for loss or
damage to any. person, emits, and to indemnify, hold harmless and defend
City, and°' its agents.., officials and employees from and against any and all
actions, claims, damages, disabilities or expenses..,. nc udng attorneys' fees,
experts' fees. -and witness costs that may be asserted ~ by any ,person or
entity, including Club,,- arising out of or in connection with the activities of
the Club., .its agents, officers; or employees °provided for herein whether or
riot there is concurrent passive or active negligence on the ,part of City., its
agents, officials and employees..
15.. If either party .becomes involved! in litigation arising out of
g_ ent. or the performance thereof, .the. court in such litigation„ or
this a seem
in a. separate suit., ha_I'1 award reasonable costs and. expenses;, including
attorneys' fees, to the .party justly sntitled' thereto,.
16. In the event, of de""fault on the part of the Club in any of the
terms of this permit., which default continues for a period of not less than
10 days after written notice from the City to the Club:, City rriay forthwith
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terminate furt~ler use of the facilities- under this "permit and eject any
persons therefrom who enter by ,reason of `the permission granted
hereun;der,. Either party may' termin""ate this "permit by written notice of not
less than one. hundred eighty (180) days. The termination of this
Agreement shall not. relieve the Club. of the fee paymenas which are due but
not paid at the time of termination . .
17. Appropriate officials and employees of the City have the
right to .enter the facilities for the purposes; of inspection, maintenance,
repair, investigation or survey at times necessary or convenient. Such
entry by the City shall be accomplished in such a manner as to cause
minimum :reasonable 'interference with the activities "of the Club in its use of
the facilities .
18. The City 'shall at its .o.w.-n expense provide all of the utilities
used by the Club in and on the facilities througlout -the- term ~ of this
permit.
19. The. City shall at its own expense.. maintain the facilities in a
reasonable condition. The Club shall not, during its use, commit or permit
any waste or nuisance upon .the facili`fies nor any damage or defacement nor
any act or use prohibited by any' law or ordinance and the Club shall,
insofar as it is abTe<, act to prevent the waste of any utilities provided by
the Gity to the facilities'..
20. The permission. granted to the Club by the City shall extend
to~ and include such furniture and fixtures as are presently at, or may in
the future be provided. by the City to the facilities. The Club agrees to
indemnify the 'City against damages to such furniture and fixtures caused
by the acts. of the Club,. or its members, in excess or ordinary. wear and
tear .
2.1. The Club warrants that it possesses the financial resources
to discharge Elie responsibilities it has assumed under this Agreement, and
further warran-ts that it '..has authorized, by duly adopted resolution, the
entering into this Agreement and the signing of same by the person(s)
signing on behalf below .
22, The Club shall not discriminate in its use of the Swim'
Facility on the basis of sex;, creed., race, or national., origin, or on any ~ other
basis forbidden by "local, state or federal law:
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23. The Club may `not as i~gn, its rights under this Agreement
without. -the written con_sent~ of the 'Ci'ty..
2'4. This agreemeri't mag not bye modified except if such
modification is in writing and signed by both parties.
DATED~s MAY 8 1989 Petaluma, Swim Club
teve. Doren , ~ resi ent
is Man er
Swim Club' Agxeemenfi
A GM,T3 (ca J
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Park & Recreation Director
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r~rri~.vvu~.
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in .Director" c~ ditor
ATTEST:
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' y Clerk-