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HomeMy WebLinkAboutResolution 91-069 03/18/1991. -.._ f Resolution No. 91-69 N.C.S. of the City of Petaluma, California RESOLUTION APPROVING AJOINT-USE AGREENIE1dT BET6~TEEN THE CITY OF PETALUMA AND THE PETALUMA SWIM CLUB FOR USE OF THE PETALUA+IA SEnTIi~[ CENTER WHEREAS, the Petaluma Swim Club, a non-profit corporation is 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 Petaluma Swim Center 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 Major or City Manager to execute a Joint- Use Agreement (in the form attached as Exhibit A) with the Petaluma Swim Club for the period March 18, 1991-December 31, 1991. 2) Use of the .Petaluma Swim Center will be based on a mutually agreed upon schedule prior to March 20, 1991. #24:resjuasc Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~g~{ip~)~ meeting fO~ on the ..........7.S.1:h..... day of ...............March--.....-----..................., 19...9.1. by the following vote: City Attorney AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh NOES: 0 ABSENT: Mayor Hi ATTEST : ...... ........ .. ..- -----•------•-•--•--.....-- •- -..... ............. ......_............~..:--......-~'f!.' ..f4?:-~°°"" .._~1.... ity Clerh Ma r Vice I~'Iayor Gbuncil Filtte-...C ............................... CA IO-85 Res. No..9.1-6.9 .............. N.C.S. ,(, ' .. EXHIBIT ''A" JOINT USE AG`REEII~EAIT BETWEEAI THE ('ITY OF'P.ETALUIVIA .ANI): THE PETALUMA SWIM:GLUB' WH.ER`EAS, the •City of,Petaluma, hereinafter referred to as "City°, is the owner and operator of the swim facility located: at Sim East Washington Street, Petaluma; and WHEREAS, the swim• facility is for the-use and, benefit of the general public; but fhe 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 ,the facilities; and WHEREAS, the Petaluma Swim: Club, hereinafter refereed to as "Club", is 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 by the .Club of the .swim facilities during when the general public has a minimal need :for the use of the facilities will .permit the 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 City; NOW, THEREFORE, 'the City of Petaluma, a municipal corporation, does desire to, and does permit .the. use of the swim facilities by the Club, under the terms and conditions hereinafter set .forth. This permit does not constitute the conveyance of any interest in the facility, and this permit does not create any lease in any person, it being the intent of .the City to; provide . in an orderly way by the terms. -and conditions of this permit, for permission to'th'e Club for the~use of the facility for. the promotion and development of swimming skills and the development of the youth of the community. 1. The permission granted by this agreement is.non-exclusive. and begins March 18, 199.1, upon execution of this agreement and `continuing thereafter until December 31, 1991. 2. The City. permits the Club to' use the swimming facilities. During shared lap swim hours, the Club shall be entitled to use one. third (1 /3) of the available pool lanes while the City :shall be allotted two thirds (2/3,) of-the lanes unless City deems use by 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 th'e .Club. After March 18, these schedules can:. only be~ changed by mutual agreement of. the City and Club. The Club is entitled to one weekend swim meet during the spring; summer and fall whereby the pool is closed~to'the public, and which must also be~~scheduled prior to March 18 of each year. The Club shall be' .responsible for the clean ~ up of the =facility and shall day any staff or maintenance costs 'incurred by the City within two (2) weeks' after the meet Thee Club may enter the swimming facilities at times other than designated: .:only if Club notifies and obtains the. consent of the City prior'to entering the facility. Club 1 • . ;. .. shall, aot provide its key to the facility to any person or entity other than appropriate representatives of fhe Club.:. - ~ ": 3. The Club acknowledges that its safe use of the. Swim Facility during the hours `scheduled :for Cluli~`use sfiall be its sole responsibility and that its assurances that it ,would use the Swim Facility in a safe and reasonable nanner'were a critical inducement to tte~ City's entering.this agreement.. , 4. During 'th_e Club's. use of fhe pool 'for authorized Club. workouts, the Club ,, must have on duty at th'e ,pool,. at its own expense, one .:person;: approved by the City, possessing the following certfcatons: Lifeguard Traning;,Standard' First Aid; Community CPR and Basic Life Support CPR, (or the .equivalent) andCoach's Safety Training. All other Club personnel on duty at the pool must. possess: Emergency Water Safety; Coach's . Safety Training; Standard ,First Aid; Community'CP.R and Basic Life Support :CPR, (or the equivalent): (Reference Senate Bill No. '865: amending State Health and Safety Code effective January 1, 199;1.:) -Prior ~to pits' use of any such personnel, at 4the pool, the Club shall supply the City, in, writing; with their names, addresses and .copies of their certifications. The City shall have the right to reject as those personnel on duty,. any person whom- the City reasonably believes does ~~n'ot possess the necessary, skips or- qualfcations to assure the safe: use of the pool During; the Club's. swim. meets; the Club shall employ four (4) City lifeguards to supervise the meet and. enforce City ;policies and `regulations. E1ny such lifeguards shall be employed by the Club. at the Club's. expense, and' shall be paid, within two (2) weeks after- the .date of the. meet in`accordance with applicable state and federal wage laws. - 5. The Club and its members, staff and :employees: shall enforce and obey all posted pool safety rules. 6. The Club shall immediately 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 City Staf£ ~ . 7. The- Club shall..exereise reasonable precautions .for the safety of persons participating ::in ~or attending":.programs and activities sponsored by the Club at the Swim, Facility; 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 the health or safety of such persons. ' 'The Club shall report;;immediately any dangerous condition to the.City's Parks and Recreation Department. " 8: ~ For the use ~ of -the facility; -the Club .shall. -pay to the City the sum of Six Dollars .($6:00) per "month for each,, swimmer registered; in the :Swim Club competition and wim.:lesson. program who resides in ~fhe boundaries, of the.City of Petaluma; and Nine Dollars (,$9.00,) per month for~each swimmer regi fered in the~Swim Club competition and swim lesson program who resides outside the boundaries of 'the Petaluma High School 2 District. =The Club° furth-era ees to a -the fee of Two Dollars $2:00) per week for each `member who joms~mid month. , ~ ,. ~° ~~ ~ , 9: The Club agrees to spay the City the minimum use of Six Hundred Dollars ($6(10.0 on the average;for`the season: 0: ,- `The Club shall, submit an authorized . 'audit report of attendance and . ~ _ ~ . membership records with. payment on a monthly basis; during tfie, swim season established by the City. All attendance recgrds~and revenue~for the m~ontNs of Aprilthrough June shall be submitted, prior.to June 31 1'991 and within two (2)weeks after "the Swim Center closes in the fall. ~~ 11. -During :the entire:: term: of thin agreement, the Club agrees to procure and maintainpublic liability~~insurance at its "sole' expense to protect against loss from liability ,,~ incurred. in :performance: of~ the. Club's. activities and imposed; by law for damages on ,. - account of bodily injury;. including death therefrom; suffered or alleged to be suffered by any persons whomsoever;. resulting directly or indirectly' from any act or activity of the .Club;. or any persgn~actirig'for ~the'Club or under'ts direction or control, -and, also to protect against loss from-liabilty;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 %directi'on,, and controL~ 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 and protect: the City against any damages from the alleged loss. Such ublic liabilit and ro ert dams a 'insurance shall be maintained `in full force p ~ y P P y g and effect throughout, the: term of this;agreement `and. any extension tliereof in`the following minimum..limits: a. Bodily Injury $1;;000;000 each.person, $1,000;000 ;each occurrence b. 'Property Damage $`1,;000;000 each=occurrence $1';000,000 aggregate The Club agrees that, the °'provisions of th'is' paragraph as to maintenance of the Club maybe `insurance shall not be construed as limited in, any'way° the:.extent to which held responsible .for the,.:payment: of damages to persons _or property resulting from the ' Club's actvties'or the: activities of any person" orpersons for whom the ,Club is otherwise. . responsible. - ~ ~ ~ y 2:. ~~ ~ A Certificate of Insurance, or an 'appropriate, binder- of insurance coverage. evidencing the abo~e~ insurance coverage with a company acceptable to the City's Risk .. .. Management ;O'fficer~ shall be submitted to the~'City by the Club prior to execution of this agreement by the City. All such insurance shall, be primary and name the City, its officers,. agents; employees ..and representatives. asadditional insureds. . 3 'V ~ 13. T.he terms' of .the insurance policy or policies issued- to provide the above insurance; coverage shall ,provide, that .said', insurance policy may not be cancelled or the terms;nmaterially 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. They '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 accepf all, responsibility for loss or damage to any persons; entity, :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, including 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 not there is concurrent passive or active negligence- on the part of City; -its agents, offcials and employees. 15. If either~party~becomes involved in. litigation arising out of this agreement or the. performance thereof; the court in such tigatiori, or in a separate suit, shall award reasonable costs and expenses,including attorneys' fees, to the party.justly entitled thereto. 16. In the event of default ion the party of the Club 'in any: of the terms of this permit, which default .conhnu`es for 'a ,period of not less than ten (10) days after written notice from the City to the Club; City may, forthwith terminate"further use of the facilities under this permit and. eject- any persons. therefrom who enter by reason of the permission grant. ed hereunder: Either party .may terminate this permit. by written ,notice of not less than one hundred eighty (18U) days. The 'termination of this agreement shall not relieve the Club of the fee payments whicli are 'due but not paid at the'time :of,termination. 17. Appropriate ~ officials and employees `of the City have the right to enter the faeili'ties for the purposes. ofinspection; 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. ~~ T8. The: City shall, gat 'its own... expense, provid'e~ all of the'utilities used by the Club in, and on the. facilites,throughout the term. of ths,permt . ,.., 19. Thee, City shall; at ts,~own expense, maintain the facilities in a reasonable condition.. The Club. shall not; during its use; eommt:or permit any waste or nuisance upon .• . th_e facilities nor any damage or defacement -nor any ac"t or use prohibited 'by 'any law or ordinance and the Club shall;.insofar as it is able, act to ,prevent the waste of any utilities . °provided by the City°to the facilities. 4 ' ~ 2Q. The- permission granted' to the Club by the City shall-.. extend to and include ouch furniture and 'fizttres as are presently. at,, or may in the future be :provided by the City to:ahe. facilities Tte• Club agrees•to `indemnify the City against damages to. such furniture . - and fixtures .caused by the acts of the Ciub', omits members; in excess of ordinarywear and tear. The Cityshall' designate how the faclid'es are to be use and where. the' furniture is to be stored: 2'1. The Club warrants that :it °possesses the financial-resources to discharge the .responsibilities it has assumed under this: agreement; and` further. warrants that it has authorized, by duly adopted';resolut'on, the entering.-into this agreement. and the' signing of same by the person(s) signing on behalf,.below 22. The `Club shall not discriminafe in 'ts~use of `,the :Swim Facility on the basis of sex, creed, race or national..origin,. or any other :basis forbidden 4by local, state or federal law. - ' 23. The Club may not assign its rights under this agreement without the written consent of the City. - . 24. This'agreement may .not ,be modified: except if such. modfcation is in writing and: signed by~both parties. " Dated: February o?~,-1991` . - CITY OF ALUMA , PET-ALUMA; SWINE CLUB ., AT P ks & Recreation Director . ' APPROVED: - ~_ Finance D'irecto ~ :. , "Steve orenfeld, -resident 5 c:word5 \park-rec.doc ' 2./ 11 /9l '