13
City of Grass Valley City Council Agenda Council Meeting Date: March 22, 2011 Date Prepared: March 9, 2011 Prepared by: Timothy M. Kiser, PE, Public Works Director/City Engineer I V’t Title: Orca Facility Use Agreement Recommended Motion: That Council approve a Facility Use Agreement with the Orca Recreational Swim Team for the purpose of operating swim team practice and lessons at Memorial Park Pool, and authorize the Public Works Director/City Engineer to execute the Agreement subject to legal review. Agenda: Consent Background Information: Recently, the Orca Recreational Swim Team (Orca) separated from the Penguin Swim Team, forming their own 501 (c)(3) organization. The Orca has a recreational swim team and would be using the pool for practice, as well as swim lessons. Pre-season "Pool Pal" passes would also be sold for fund raising purposes, as they have done in the past. The attached draft reflects the increase in fees to outside agencies of $30.00/hour. Council Goals/Objectives: Strategic Goal 46: Inclusive Community Involvement and Leadership, and Public Works Strategic Goal #11: Work with the Parks and Recreation Commission in areas of service delivery for new programs where fiscally responsible and achievable... (CCSG #4) Funds Available: NA Account #: 100-4090-003 Reviewed by: O City Administrator Finance Agenda Item# Attachment: Draft Facility Use Agreement and Exhibits c: Brian Rhodes, Orca President G:\DATA\PW 201 O\COUNCIL_MISC\201 1\1 10322 OrcaContract.doc

City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

City of Grass Valley City Council

Agenda

Council Meeting Date: March 22, 2011

Date Prepared: March 9, 2011

Prepared by: Timothy M. Kiser, PE, Public Works Director/City Engineer I V’t

Title: Orca Facility Use Agreement

Recommended Motion: That Council approve a Facility Use Agreement with the Orca Recreational Swim Team for the purpose of operating swim team practice and lessons at Memorial Park Pool, and authorize the Public Works Director/City Engineer to execute the Agreement subject to legal review.

Agenda: Consent

Background Information: Recently, the Orca Recreational Swim Team (Orca) separated from the Penguin Swim Team, forming their own 501 (c)(3) organization. The Orca has a recreational swim team and would be using the pool for practice, as well as swim lessons. Pre-season "Pool Pal" passes would also be sold for fund raising purposes, as they have done in the past.

The attached draft reflects the increase in fees to outside agencies of $30.00/hour.

Council Goals/Objectives: Strategic Goal 46: Inclusive Community Involvement and Leadership, and Public Works Strategic Goal #11: Work with the Parks and Recreation Commission in areas of service delivery for new programs where fiscally responsible and achievable... (CCSG #4)

Funds Available: NA

Account #: 100-4090-003

Reviewed by:

O�City Administrator Finance

Agenda Item# Attachment: Draft Facility Use Agreement and Exhibits c: Brian Rhodes, Orca President G:\DATA\PW 201 O\COUNCIL_MISC\201 1\1 10322 OrcaContract.doc

Page 2: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

FACILITY USE AGREEMENT BETWEEN THE CITY OF GRASS VALLEY and

ORCA RECREATIONAL SWIM TEAM for

MEMORIAL PARK SWIMMING POOL

This agreement is made and entered into between the City of Grass Valley, a municipal corporation, hereinafter referred to as "CITY", and the Orca Recreational Swim Team, a non-profit corporation, hereinafter referred to as "ORGANIZATION,’ this day of ,2011.

WITNESSETHj

WHEREAS, the City owns a swimming pog !flQ1onIknown as the Memorial Park Swimming Pool, at 305 Race Street, GrasslIey, Jifornia, hereinafter referred to as "FACILITY"; and

WHEREAS, ORGANIZATION pos ciahzed kn?Wedge and expertise in swimming instruction and operating a s4eam program, and

WHEREAS, the City finds a public p i urpose the FACILITY, and CITY desires to generate maintenance, repair, operatioj%çrograms and

#w.. WHEREAS the parti maI1iesire to wo

use of the FACILITY, and

allowing ORGX�reationalZATION to use enue for facility

effective and cooperative

WHEREAS, 4RGA desires to utilize 4ILlTY

WHEREAS, Al services irrmity ift

.TION

m team called Orca and ie Orca

ION has iicicated the intent and ability to operate such ei state, local laws -

... EREAS1JTY h.determiftj.tagent on matters relating to this contract shall Public orksijrector/City Engineer and his authorized designees, hereinafter’ceferred to aIRECiQand

WHEW IS, the foroin1ecitals constitute more than mere recitals, but contractual covenant and cQ1imitments to which the parties hereto agree to be bound and constitute a material codideration for this agreement

NOW, THEREFQRE, in consideration of the promises and covenants contained herein, the parties agreas follows:

SECTION 1 - GENERAL CONDITIONS, RULES AND REGULATIONS

A. CITY agrees that commencing June 6, 2011, that the ORGANIZATION may utilize the FACILITY for the ORCA on those dates and times as generally set forth in Exhibit A’ -"Schedule," attached hereto and incorporated herein by reference. A single date and time set forth in Exhibit "A" shall be referred to as a "SWIM SESSION," and the entire list of dates and times shall be known as the "SWIM SEASON" for purposes of this Agreement. ORGANIZATION may schedule additional SWIM SESSIONS after receiving advanced written approval from CITY’s DIRECTOR. CITY has the sole authority to approve or deny additional SWIM SESSIONS.

Page 1 of

G:\DATA\PW - 2010\AGREEMENTS\Orca Swim instruction\201 1\Orca Swim Team DRAFT.doc

Page 3: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

B. ORGANIZATION agrees that its officers, members, employees, agents, spectators, guests, participants and volunteers will be subject to and abide by all safety rules established by CITY for use of the FACILITY while exercising its use under this Agreement and those conditions of use as set forth in Exhibit "B" - "Conditions of Use," attached hereto and incorporated herein by reference.

C. ORGANIZATION shall, at its sole cost and expense:

1. Conduct and provide the training, and services necessary for the Orca Recreational Swim Team.

2. Provide all coaches, equipment, training aids, first-aid supplies, and written material of whatever nature is required to co uct the program.

3. Provide a certified lifeguard at all time g use of the FACILITY. The lifeguard shall be on duty and respons Ø for overseeing use of the pool at least fifteen (15) minutes prior to b� ni g the SWIM SESSION in order to oversee arrivals of ORGANIZA ’S employees, agents. participants and volunteers. The Lifeguard s II remain on duty and responsible for overseeing the use of the FACILITY until everyone has left thooI and pool deck after the SWIM SESSION.

4. Provide CITYwith copi g a ser

es of all nec icenses and/or permits and any required documents prior to renderin vices.

5. Shall take reasonable steps to inform program participants of the CONDITIONS OF USE sdltJorth 1ixhibi t "B".

6 Keep th ilffy Clan and neat which shall include picking Lip and emptying the trasihosing tI restrooms down wisinfectant, and properly storing equipnienand supptes

7. $1?intiJt all .temef accounts concerning the swim team jfrograidudt at the 1AQFTY Provide and maintain payment of all

tawfuI taxess reqI%d by Federal, State, and local government agencies

8 Aw CITY to reviewaudit, at any time upon one (1) business day’s notiek,any recoIs !eceipts pertaining to ORGANIZATION’s use of FACILfl( ORGIZATION must also allow CITY to inspect any of ORGANIjIONquipment at the FACILITY

9 Repair and/oŒ$ace any CITY owned equipment, including but not limited to, deck furthings, rescue equipment, office equipment vending and maintenance equipment keys, etc, that are damaged lost or stolen in connection with the ORGANIZATION’s use of FACILITY. ORGANIZATION shall be responsible for ensuring FACILITY is appropriately secured at the end of each SWIM SESSION.

D. CITY at its sole cost and expense shall:

1. Provide electrical service, natural gas, water, telephone, and trash service to the FACILITY.

2. Provide cleaning supplies, hoses, nozzles, and paper products necessary to stock the restroom facilities.

3. Provide water test kits and chemical logbook.

Page 2of8

G:\DATA\PW - 201 O\AGREEMENTS\Orca Swim lnstruction\201 1 \Orca Swim Team DRAFT.doc

Page 4: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

4. Provide rescue equipment; including a throw ring and backboard.

5. Maintain water chemistry; perform pump room inspections, sweep and vacuum pool on a regular basis.

E. ORGANIZATION acknowledges that it has fully inspected the premises and accepts the same, in its existing condition, and agrees that no demands for alterations, repairs, or additions are to be made upon the CITY. If a change is noted in the FACILITY condition or the FACILITY has in some way been damaged, the ORGANIZATION acknowledges the responsibility for informing the CITY of the situation as soon as possible.

F. ORGANIZATION shall receive written approvPbm the DIRECTOR prior to constructing and/or installing any improvements int CILIY.

C. Any equipment provided by ORGANIZAIN b : ii . at all times remain the property of ORGANIZATION except as providØin 9…tion 14 of this agreement

H. ORGANIZATION shall have prior any type of advertising sign or scheci4 FACILITY.

pro I fro DIRECTOR before be posted, insta’t or erected at the

I. If for any reason such as, but not limit.. .Parthquake, fkwater damage, explosion or other calamity ojç.cumstance italI become necessary to close the

IWO FACILITY, no liability shall !th’atpst CITY for t demage due to loss of business of ORGANIZATION

J. ORGANlZATIQjall not asn, or any rights hereer 1ftQut prior withheld at the soJôdiscretion the City

trarsfs interest in this Agreement nor the CITY. Consent may be

CITY 4t .es that 0 4 NIZ ; ON may Me the FACILITY for Orca Recreational Swim Team acliies on thodatesand times set forth in Exhibit "A" - "Schedule" Any requests to, ’Modify the sciuIe 6T%gram must be submitted to the DIRECTOR at least seven (7) day advance!f thates that ORGANIZATION is requesting to use or modify, and the 011CTOR 1ust approve such modified hours

.1. SWIM SESSIONS mabbnceIled by CITY at any time to allow for construction or maintenance of the FP1Y with twenty-four (24) hours notice to ORGANIZATION CITY may cancel SWIMSESSIONS at any time, without notice, in the event the CITY determines the FACILITY is unsafe for public use.

SECTION 3 - FEES AND PAYMENTS

A. ORGANIZATION shall pay CITY, no later than two (2) weeks in advance of the first Swim Session, or at such later time as authorized in writing by CITY, the sum of Thirty Dollars ($30.00) for each hour of projected FACILITY use as shown in Exhibit A" - "Schedule." The CITY will refund to ORGANIZATION any Swim Session fees for cancellations made at least fourteen (14) days in advance. Such refunds will be held until the termination of this Agreement, and be refunded to ORGANIZATION within fourteen (14) days after the expiration of this Agreement.

Page 3of8

G:\DATA\PW 2010\AGREEMENTS\Orca Swim Instruction\201 1 \Orca Swim Team DRAFTdoc

Page 5: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

B. Fees shall be made payable to the City of Grass Valley and shall be remitted to the DIRECTOR at 125 East Main Street, Grass Valley, California 95945.

C. CITY will consider ORGANIZATION past due if the CITY has not received payment within fourteen (14) days of the payment due date. Payments not received within fourteen (14) days of the due date shall incur a late charge equal to five (5%) percent of the amount due and owing. Such late charge shall be immediately due and payable. Alternatively, the CITY may terminate this Agreement immediately.

D. ORGANIZATION may offset charges incurred through the sales of Grass Valley Pool Pal Passes. Pool Pal Passes are discounted season passes sold exclusively through the Orca Recreational Swim Team prior to June011 Pool Pal Passes shall AtW be sold for forty dollars ($40.00), and ORGANIZA. II remit thirty-five dollars ($35.00) from the sale of each pass to the CITY. Q;: ZA ON may keep five dollars ($5.00) as commission for each pass sold. Pool Pas shall be made available to the ORGANIZATION within seven (7) days °J& re �ng a written request from the ORGANIZATION of their interest to ip in’1:hispr m. ORGANIZATION accepts responsibility for payment of all I Pal asses provid o ORGANIZATION, without regard to whether thosees ar sold, lost, d a or stolen. ORGANIZATION shall remit thirty dollars ($300) CITY for each accepted and not returned to the City by the cJse of busines e 13, 2011. RGANIZATION participates in the sale of Poojsses, Exhibi "- "Pool Pal Pass List" shall be used to track the number of pool p ed to ORG JZATION.

ri 0 i

A. Thi shall remain effE terms of thiAqr

mentshall bec’Ø effectLW6n the date of its execution and Iy 31 2O, unles terminated sooner pursuant to the rought

p; Eith .arty ?T, at anSTffrtd without cause terminate this Agreement with tlM(30) days fltten tice Withithirty (30) days of any such cancellation or other termination as prowded1j rein, ORGANIZATION shall remove at its own expense, its’wn fur nifle, e ent, inventory and trade fixtures from the ORGANIZATIO1 Said r’

va

hall be conducted in an expeditious and orderly manner and shal14 accorlilished in such a way as to minimize the nature and the extent of any disrupn ther services to the public and the premises shall be restored to their orircondition, ordinary wear and tear excepted Should ORGANIZATION fail to move said items within the thirty (30) day period, it shall lose all right, title and interest in and to said items and CITY may elect to keep same to sell, remove, or destroy them In the event of such sale removal or demolition ORGANIZATION shall reimburse CITY for any cost incurred in excess of any consideration received by CITY as a result of such sale removal or demolition

C Notwithstanding any other provisions contained in this Agreement, the CITY is granted the right to immediately terminate this Agreement upon failure on the part of ORGANIZATION to comply with the terms of this Agreement including the requirement to keep in full force and effect during the entire term of this Agreement the insurance requirements set out in Section 5 of this Agreement. Additionally, CITY shall have the right to immediately terminate this Agreement if in City’s sole discretion; ORGANIZATION is operating in a manner that presents a health, safety or welfare

Page 4of8

G:\DATA\PW - 201 0\AGREEMENTS\Orca Swim instruction\201 1 \Orca Swim Team DRAFT.doc

Page 6: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

threat to the participants, members of the public or community.

SECTION 5-INSURANCE

A. General Liability � Commercial General Liability Insurance no less broad than ISO form CG

0001. � Minimum Limits: 1,000,000 per Occurrence; 2,000,000 General

Aggregate; 2,000,000 Products/Completed Operations Aggregate. � Prior written consent is required if the insurance has a deductible or self-

insured retention in excess of $25,000 $b � CITY must be an additional insuredI!r Tfpility arising out of the

Licensee’s ongoing operations ’qdorsement CG 20 26 or equivalent)

� The insurance provided to CIT must apply on a primary and non-contributo sish respect tny insurance or self- insurance program main t by CITY

� Thirty (30) days’ prior wri efl notic of cancellation gterial change Thirty be provided to CITY.

� The policy must pver inter-ins ults and inclu a "separation of Insureds" or clause wh ti treats each insured separately.

� Required 1. Copy of the policy language granting

additionured stattiand4 c

2 Prop,com%jed Certaf Insuiace I

B Standards for Thsuranctompanie jrance po WaIbe issujby an insurer with an A.M. Bests rating

.dP ofar4eastA. ..

C. Dodnientation t � ilike CertificN of lrnce must include the following reference Orca

1% MIT

ReeationaI $wim learn, June and July 2011 � The Yiapie ancddress for Additional Insured endorsements, Certificates

of lnsurà9cejrid Notice of Cancellation is Engineering, City of Grass Valley, 12rv1ain St, Grass Valley, CA 95945

� Current Ev!dence of Coverage must be provided for the entire term of this agreement.

� Upon written request, certified copies of required insurance policies must be provided within thirty (30) days.

D. Workers’ Compensation & Employers Liability

� Workers’ Compensation insurance with statutory limits as required by the Labor Code of the State of California.

� Employers Liability with limits of 1,000,000 per Accident -, 1,000,000 Disease per employee; 1,000,000 Disease per policy.

� Required Evidence of Coverage:

Page 5of8

G:\DATA\PW 201 0\.AGREEMENTS\Orca Swim Instruction\201 1 \Orca Swim Team DRAFTdoc

Page 7: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

1. Properly completed Certificate of Insurance

E. Other Requirements:

1. PREMIUM PAYMENTS: The insurance companies shall have no recourse against the CITY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.

2. POLICY DEDUCTIBLES: The ORGANIZATION shall be responsible for all deductibles in all of ORGANIZATION’s insurance policies. The amount of deductibles for insurance coverage reqLiired herein should be reasonable and subject to ORGANIZATION’s approval.

3. ORGANIZATION OBLIGATIONS: ORGANIZATIONS indemnity and other obligations shall not be limited by e foregoing insurance requirements and shall survive the expiration of t eement.

4. MATERIAL BREACH: Failu of the ORGANIZATION to maintain the insurance required by this reement, or to comp with any of the requirements of thissection. s1aIi constitute a material br ach of the entire agreement.

5. DEDUCTIBLES: Any ded.Llctibles assted with ORGANIZATION’S policy must be declared to and appred by the CITY.

F. A certificate of insurance and origin dorsements must be presented to the CITY prior to the commencement of the us the FACILITY.

SECTION 6- INDEMNIFICAT

ORGANIZATION shall inet1 defend and hold harmless, CITY, its officers, agents emploes and volunteers from and against any and all liabilities, claims damages, demars losses and expensX

nds cluding without limitation reasonable attorneys’ fees

and court costs and interest, g out of, or in connection with, the ORGANIZATION’s use of the FACILITY or its negligent failure to comply with any of its obligations of this%AGREEMENT, except for those claims caused by the sole negligence or willful misconduct of CITY.

ORGANIZATION may‘,,.1Łct its own legal counsel to represent ORGANIZATION’s interests at ORGANIZA11ON’s sole cost and expense The parties shall cooperate in defending such action or proceeding ORGANIZATION shall pay for CITY’s costs of defense, whether directly or by timely reimbursement on a monthly basis Such costs shall include, but not be limited to all court costs and attorneys’ fees expended by CITY in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding The parties shall use their best efforts to select mutually agreeable defense counsel; but, if the parties cannot reach agreement, CITY may select its own legal counsel and ORGANIZATION agrees to pay directly, or timely reimburse on a monthly basis, CITY for all such court costs, attorney fees, and time referenced herein.

SECTION 7- MEDIATION AND ARBITRATION F1

Page 6 of 8

G:\DATA\PW - 2010\AGREEMENTS\Orca Swim !nstruction\201 1\Orca Swim Team DRAFT.doc

Page 8: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

All claims, counter-claims, disputes, and other matters in question between CITY and ORGANIZATION that cannot be settled by agreement between the parties will be presented to the City Council of CITY for consideration. In the event the City Council cannot resolve the matter or matters to the satisfaction of the parties, either party may undertake whatever legal actions against the other as it deems necessary.

SECTION 8- COMPLIANCE WITH LAWS

ORGANIZATION represents and warrants to CITY that ORGANIZATION, its officers, agents, employees and volunteers have all licenses, permits, qualifications, and approvals of whatever nature which are legally re

.

for ORGANIZATION, its officers, agents, employees and volunteers to pr thk services, programs and activities contemplated by this Agreement and i hail comply with all statutes, ordinances, regulations, and requirements of all vern tal entities, federal, state, county and city, relating to its actions undff eem whether such statutes, ordinances, regulations and requirementsnoWj force or hereinafter enacted

SECTION 9� MISCELLANEOUS

A. This agreement may crQate a possessory interest which is Object to property taxation. The party in who fossessory interest is vested may be subject to the payment of any property tax levied on such interest. ORGANIZATION may be subject to such taxes. See Revenue and Taxation Code Section 10

B. ORGANIZATION shall submit’ a completed PAR IPATION SUMMARY FORM as set forth in Exhibit "D" attached hereto and in herein by reference. The PARTICIPATION SUMMARY IFORM shall be due at the conclusion of the SWIM

th SEASON. IM, J4 JL

C. ORGANIZATION shall employ such persons as are necessary to prepare the FACILITY for activity and conduct the SWIM SESSIONS. All such persons employed by the organization shall be provided at ORGANIZATION’s sole expense.

D. ORGANIZATION s1I hav’authority to bind CITY in any manner, nor to incur any obligation, dt or IiabiIit of af1’ kind on behalf or against CITY, whether by contract or otherwise. .. a

The ORGANlZAJs personnel performing the services under this Agreement shall at all times bnder ORGANIZATION’s exclusive direction and control ORGANIZATION shall not at any time or in any manner represent that ORGANIZATION or any of ORGANIZATION’s officers, employees, agents or volunteers are in any manner officials, officers, employees or agents of CITY.

E. In the event that any condition herein is waived by consent, expressed or implied of CITY, such waiver shall not constitute waiver of that condition in the future, nor any other condition herein described.

F. ORGANIZATION shall not engage in unlawful discrimination. Such unlawful discrimination includes, but is not limited to, discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation.

1u Page 7of8 (

,

G:\DATA\PW - 2010\AGREEMENTS\Orca Swim Instruction\2011\Orca Swim Team DRAFT.doc

Page 9: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

C This Agreement constitutes the entire agreement between the parties relative to the services specified herein and no modification shall be effective unless and until such modification is evidenced in writing signed by both parties to this Agreement. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Agreement, except those contained in or referred to in the Agreement.

H. This Agreement shall be governed and construed pursuant to the laws of the State of California, and any action arising out of or related to this Agreement shall be brought in the Superior Court of Nevada County, regardless of where else venue may lie.

I. Each party has had an opportunity to consult with an attorney in reviewing this Agreement Therefore, the usual construction against th e ifting party shall not apply to this Agreement.

4M .

\_ SECTION 10- NOTICE A. All notices given under this Agreement shje 01ritrP1g and all be deemed to have been given if delivered personally or ejfsed in a properly adssed envelope and deposited in a United States post Of or delivery by registe’r’, certified mail addressed to the parties at the following addrsses

CITY ’$bRGANIZATI Public Works Director/GWgjneer President City of Grass Valley Qrca Recreational Swim Team 125 East Main Street RQ B3O9 Grass Valley, Q45945 ,. Cidge, CA 95924

IN WITNESS WH rOF, tftparties lM havbjjed this Agreement to be executed the da year fir* above written

CITY 0 :&P0t RECREATIONAL SWIM TEAM XW

..........

Timothy M Kiser, Public Works Dirr/ Brian Rhodes, President .eeNlh City Engineer"

Loretta Larson, Vice President

APPROVED AS TO FOftf ATTEST

Ruthann Ziegler, City Attorney Kristi K. Bashor, City Clerk

Page 8of8 7’9 G:\DATA\PW - 201 0\AGREEMENTS\Orca Swim instruction\201 1 \Orca Swim Team DRAFTdoc

Page 10: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

IFACILITY&USE AG i i 1BETWEEN THE CITYOF G VA LLEY i and

�] s1RECREATIONAL SWI ’ITEAM for

MEMORIAL PARK I ’iWiI I [CI SIs]

14210:11

SCHEDULE

MON TUE WED THU FRI

06/06 - 06/10111 5:45 pm - 8:30pm 5:45 pm - 8:30pm 5:45 pm - 8:30pm 5:45 pm - 8:30pm 5:45 pm - 8:30pm

06/13-06/17/11 545pm-830pm 545pm-830pm 545pm Op6545pm-830pm 545 pm 830pm

06/20-06/24/11 545pm-830pm 545pm-830pm 545 -83OØfl 545pm-830pm 545pm-830pm

06/27-07/01/11 545 pm -8 30pm 5:45 pm -8_3 45’irn_- 8: Opm 5pm -830pm 545 pm 830pm

07/04 - 07/08/11 NO PRACTICE 5:45 pm - 8 5:45 pm- 8 3Opm 5:45 pppm 5:45 pm - 8 3Opm

07/11 - 07/15/11 5:45 pm - 8:30pm 5:45rn - 8:30pm 5:41.fl - �0pm 5:45 pt- 8:30pm 5:45 pm - 8:30pm

07/18 - 07/22/11 545 pm -8 30pm 545pfl%- 3Q1 545 pm*%30pm 545 pm -8 30pm 545 pm -8 30pm ’�

07/25 - 07/29/11 5:45 pm - 5:45 pm - 0pm 4pm - 8:3Qp .5:45 pm - 8:30pm 5:45 pm - 8:30pm

W. AP’ Awards Ceremony/CeIebtton Sun.,,’ y July 31 2 F.: OM 6:00 pm - 9 - 00 pm (MAX CAPACITY 200)

Any Mo&fiôtions to the schedule otØpgram must be approved by the City of Grass Valley Recreation & Facility Manager 16k,rog n’ be cancelled at any time to allow for construction or maintenance witk4 hours notic ScheIJd activities may be cancelled at any time without notice in the event the faciliThAs unsafe for?jtiblic d1’.

Page 11: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

FACILITY USE AGREEMENT BETWEEN THE CITY OF GRASS VALLEY and

ORCA RECREATIONAL SWIM TEAM

for

MEMORIAL PARK SWIMMING POOL

EXHIBIT "B"

RULES and REGULATIONS

In order to facilitate use of the Memorial Park Swimming Pool (FACILITY) and to insure a safe and healthful environment for all concerned, the following Rules and Regulations shall be adhered to:

A certified Lifeguard shall be on deck at all times when the FACILITY is being used by the Orca Recreational Swim Team (ORGANIZATION). Certification must be in accordance with State of California regulations. Evidence of certification must be provided to the DIRECTOR on, or before the commencement of activities.

The pool water must be checked prior to any swimmiessidIby a staff member of the ORGANIZATION logged Results of each test must be logg in th o1%hemistry Log Book No person may enter the FACILITY if the test results are not in the accep :e chiotIRe (1.5 - 10.0) and pH (7.2 - 7.8) ranges If at any time a reading does not fall within acbl ndarda re-test shall be performed If the same readings occur, call the City’s Certified Poc3Jft9r (Qne #2%

ORGANIZATION participants (including family d Iffiers) & spectators shallter the FACILITY until the lifeguard is present and supervising the faciffrt

ORGANIZATION shall be responsible for complete cnup tflae restrooms/lockems turf area and

.................................. 1ipool deck, as associated with FACILITY use. All equip. be put away instructed. All trash cans must be emptied into the dump, ovided by the Cit 4

e.S?

ORGANIZATION shall be responsthTe foIofland locking a1toors and gates within and to the facility upon exiting the facility. A key will be proV. btt CITY to al!Os through the front gate to the restrooms and to the storagg room

ORGANIZATION is to aThQsted FAC1 tyt*iIes. Pajt and siblings of individuals involved in the ORGAN IZATIQ$’ program to compi with post ACILITY rules. Swim instructors and lifeguards are respoflft for enforcl FACILIT ules with persons on the premises pursuant to this

IL Agreement.

When necPy, ANIZAL4N sha erjponsL for pool cover removal and re-covering except when usiff complemØ m äti ty to aty progra s otherwise directed by City staff. In general, the pool cov& hall not be ued unlesSsquired by inclement weather. Lane lines are to be removed from the pool before pool is covered directed by City staff. At no time is anyone allowed in the pool with anppol covers in p4ce.

ORGANIZATION isesponsible fà.r training all staff and members in the proper use of all FACILITY equipment.

ORGANIZATION is resportfbf the cost of any additional maintenance/custodial service, or repairs to the FACILITY and equipmenhich are required due to damage or failure to clean up during or after their scheduled use of the FACILI1Y

Glass bottles, alcohol, and tobacco products are not permitted in the FACILITY at any time.

Animals, with the exception of service dogs, are not permitted in the FACILITY.

To report an irregular water chemistry reading, contact the Park Maintenance Division 477-4635; if no one answers, call the Public Works Administrative Clerk 274-4350 who can relay the message by radio.

In the event of a life threatening emergency, call 911

G\DATA\PW 2010\AGREEMENTS\Orca Swim Instruction\2011\Ex B Rules doc

Page 12: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

.ttsl II IILUSE AG 1 ’A T BETWEENl THE CITYLOF G

EXHIBIT "C"

POOL PAL PASS LIST

Card No. Pass Holder Issued Date Issued By Amount Paid Comments

11-01

11-02

11-03

11-04 A l

11-05

11-06

11-07

11-08

11-09 A

11-11 IV 11-12

0 11-13 P

11 - 14

11-15 ’:.’..

11-16 "

4

.

11-17

11-18

11-19

11-20

Instructions for Issuing a Pool Pal Pass 1. Have the patron complete a Memorial Park Pool Season Pass Application Form 2. Collect the appropriate fee for the Pool Pal Pass ($40.00) 3. Record the transaction on the next available line on the Pool Pal Pass List. 4. Print the patron’s name on the corresponding card. The card will be laminated by the

pool cashier the first time the card is used. 5. Turn in Pool Pal Pass List, Season Pass Application forms, money ($35.00 per pass)

and extra passes to DIRECTOR by June 13, 2011.

G\DATA\PW 201 0’AGREEMENTS\Orca Swim Instructon\201 1 \Ex C Passes,doc

Page 13: City of Grass Valley City Council Agendacityofgrassvalleycom-web.s3-website-us-west-1.amazonaws.com/ser… · City of Grass Valley City Council Agenda Council Meeting Date: March

City ,� Grass I ParksV1RecreationiDivision

Exhibit "Do’

Participation Summary Form

Activity: Season: Year: (spring, summer,winter, fall)

Non - Grass Valley Residents Division (ie:A,B,C, under Male Female Male Female Total by 10, or coed) I 17&under I 17&under I 18&over I 18&over I Division

I Total Non-CV Residents I I I L I I

ITotal Participation I I I I I 7771

Submitted By: Date:

7I3 G \DATA\PW 2010\AGREEMENTS\Orca Swim Instructon\2011\Ex D Particpation XLS