Loading...
HomeMy WebLinkAboutAgenda Report - April 6, 2011 C-11AGENDA ITEM C *I t A e CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving the Agreement Between the City of Lodi and Spare Time, Inc., dba Twin Arbors Athletic Club, for the Summer Swim League Program MEETING DATE: April 6,2011 PREPARED B Y Interim Parks and Recreation Director RECOMMENDED ACTION: Adopt resolution approving the agreement between the City of Lodi and Spare Time, Inc., dba Twin Arbors Athletic Club, for the Summer Swim League Program. BACKGROUND INFORMATION: The Parks and Recreation Department currently provides summer swim league program to more than 500 children. The program continues to grow every year. This City has had a contract for use of Twin Arbors Athletic Club ("TAAC") pool since 2003. Asa way of accommodating facility needs, staff has partnered with TAAC to gain access to its pools. In exchange, TAAC is allowed to organize its own team and participate in the City -sponsored Summer Swim League. The benefits of the public/private partnership are twofold: (1) It provides the City use of aquatics facilities that the City does not currently have; and, (2) It creates another program offering for TAAC which has resulted in the expansion of the Summer Swim League. Staff recommends approval of the agreement, which will enable the swimming pools at TAAC to be used for swim meets and allow for a team composed of TAAC members to participate in the League. Meets will be held on select Friday nights from June through July 2011. The term of the agreement is May 31, 2011 to July 14,2011. FISCAL IMPACT: No funds will be exchanged. This is an in-kind trade. The use of four pools (TAAC, Tokay High School, Lodi High School, and Blakely Pool)will enhance scheduling efficiency; allow for Friday night versus Saturday meets, and thus save operations and maintenance costs at Blakely Pool. FUNDING: Not Applicable. JMR:tl Attachments cc: city Attorney Ja es M. Rodems Int rim Parks and Recreation Director onradt Bartlam, City Manager Memorandum of Understanding (Summer Swim League) THIS Memorandum of Understanding ("Agreement") is entered into as of this day of , 2011, by Spare Time Incorporated d.b.a. Twin Arbors Athletic Club, ("TAAC") and THE CITY OF LODI, acting by and through its Parks and Recreation Department ("City"). Background A. City operates a seven -week summer swim league at the City owned Enze Pool, Lodi High School Pool and Tokay High School Pool. Currently, the City has four teams, each comprised of over 100 participants, TAAC also operates swimming programs at its privately owned pool facilities at 2040 W. Cochran Rd, Lodi, and 1900 S Hutchins Rd, Lodi. B. TAAC desires to organize a team to participate in the summer swim league again. City is willing to permit TAAC to do so on a trial basis. However, in order to accommodate the fifth team, City requires the use of one or both of TAAC's pool facilities. C. Accordingly, the parties enter into this Agreement on the terms and conditions set forth below. Agreement In consideration of their mutual covenants, the Parties agree as follows: 1. Participation. TAAC and City agree that TAAC will establish an additional team named the "Dolphins" comprised of the members of its club to participate in the City's summer swim league. 2. Administration. Generally, the Dolphins team and its members will be treated identically to the City teams, and the Dolphins will practice at TAAC's facilities. Dolphins team members will register with and pay the City's Parks and Recreation program fees. City will pay the Dolphins coach the same stipend paid to the City coaches. City shall have the right to oversee and supervise the Dolphin's coach and program, including all appropriate background checks of Dolphins' staff (whether paid or volunteer) and monitoring practices and swim meets to ensure compliance with all applicable laws, regulations, and City standards. TAAC shall cooperate with City's efforts to perform background checks and monitoring. 3. Fees/Recruiting Prohibited. No fees, other than those referred to in paragraph 2 of this Agreement and TAAC's standard membership fee, shall be charged to any Dolphin team member. Members must be an active member of TAAC as of May 1St of the current year. However, TAAC like other teams may accept donations and have fundraisers to solicit sponsorships. TAAC shall not engage in any efforts to recruit memberships during swim meets. TAAC shall not recruit members of City teams and TAAC members who wish to retain their affiliation with a City team must not be pressured to join the TAAC team. However, TAAC will be permitted to inform its members that it is establishing a team to compete in the City's summer swim league and that TAAC members may j oin TAAC's team by signing up through the City's Parks and Recreation Department subject to being an active member of TAAC as of May e of the current year. 4. Use of Facilities. During the term of this Agreement, TAAC agrees to allow the use of its facilities, including but not limited to the showers, dressing areas, bathrooms, and spectator areas for Dolphins practice and for swim meets between any teams in the summer swim league Monday through Thursday. No fees shall be charged to (1) the City for use TAAC's facilities; or (2) any child or spectator for any purpose, including but not limited to entry fees, or shower fees, during the swim meets. TAAC shall have the right to designate which of its Lodi pool facilities will be used for practices on whatever notice it deems appropriate and shall also have the right to designate which of its Lodi pool facilities will be used for swim meets on at least 30 days written notice to City, as long as practices are consistent with above times. The meets held at TAAC pools will involve the Dolphins and a City team. At no time will two City teams use TAAC pool for swim meets. Swim meets may be held on the following Friday evenings from 4:30 p.m. to 8:30 p.m. at the TAAC pool: June 10, 17 and July 8,2011. S. Term. The term of this Agreement shall be from May 31,2011,to July 14, 2011, unless otherwise terminated as provided herein. 6. Maintenance. TAAC shall, at its own expense, maintain its Lodi premises and pool facilities and any buildings and or equipment on or attached to the premises in a safe condition, in good repair and in a manner suitable to City. City shall be entitled to inspect TAAC's pool facilities upon demand to ensure compliance with this paragraph. 7. Utilities. TAAC shall provide utility service to the premises at its sole cost and expense. 8. Attorney In any action between the parties arising out of or related to this contract, the prevailing party shall be entitled to all expenses incurred therefor, including reasonable attorney fees. 9. Optional Termination. Either party may terminate this Agreement in writing upon at least 48 hours prior written notice. In the event of an early termination, the City, in its sole discretion, will determine which one of the following options to give to the entire Dolphins team: a. Join another of the teams in the City's summer swim league; b. Continue on the Dolphins team for the remainder of the season with a coach to be supplied by the City without the use of the TAAC facilities; or C. Terminate their participation in the league and receive a pro -rated refund of the fees paid to the Parks and Recreation Department. 10. Indemnity and Insurance. a. Indemnification by City: Except to the extent caused by the negligence or inten- tional misconduct of TAAC or of any agent, servant or employee of TAAC, City ("Indemnitor") shall, at its sole cost and expense, indemnify and hold harmless TAAC and all associated, affiliated, allied and subsidiary entities of TAAC, now existing or hereinafter created, and their respective officers, boards, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against: 1. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of City, its personnel, employees, agents, contractors or subcontractors on the Premises, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, or any other right of any person, firm or corporation, to the extent arising out of or resulting from the operation and/or maintenance of the summer swim league or City's failure to comply with any applicable federal, state or local statute, ordinance or regulation. b. Indemnification by TAAC: Except to the extent caused by the negligence or intentional misconduct of City or of any agent, servant or employee of City, TAAC ("Indemnitor") shall, at its sole cost and expense, indemnify and hold harmless City and all associated, affiliated, allied and subsidiary entities of City, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "Indemnitees"), from and against: i. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of TAAC, its personnel, employees, agents, contractors or subcontractors on the Premises, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, or any other right of any person, firm or corporation. C. Defense of Indemnitees: In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Indemnitor shall, upon reasonable prior written notice from any of the Indemnitees, at Indemnitor's sole cost and expense, resist and defend the same with legal counsel mutually selected by the parties; provided however, that the parties must not admit liability in any such matter without written consent, which consent must not be unreasonably withheld, conditioned or delayed, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without prior written consent. The indemnifying parry's duty to defend shall begin upon receipt of a written notice identifying with specificity the allegations that give rise to this duty to defend and shall be co -extensive with the indemnifying parry's indemnification obligation. d. Notice, Cooperation and Expenses: Each party must give the other prompt written notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent either parry from cooperating with the other and participating in the defense of any litigation by its own counsel. However, Indemnitor shall pay all reasonable expenses incurred by Indemnitees in response to any such actions, suits or proceedings. These expenses shall include all reasonable out-of-pocket expenses such as reasonable attorney fees and shall also include the reasonable value of any services rendered by Indemnitees' attorney, and the actual reasonable expenses of Indemnitees' agents, employees or expert witnesses, and disbursements and liabilities assumed by Indemnitees in connection with such suits, actions or proceedings but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Indemnitees by Indemnitor. If Indemnitor requests Indemnitee to assist it in such defense, then Indemnitor shall pay all reasonable expenses incurred by Indemnitee in response thereto, including defending itself with regard to any such actions, suits or proceedings. These expenses shall include all reasonable out-of-pocket expenses such as attorney fees and shall also include the reasonable costs of any services rendered by Indemnitee's attorney, and the actual reasonable expenses of Indemnitee's agents, employees or expert witnesses, and disbursements and liabilities assumed by Indemnitee in connection with such suits, actions or proceedings. e. Insurance: During the term of the Agreement, both parties must maintain, or cause to be maintained, in full force and effect and at their sole cost and expense, the following types and limits of insurance: 1. Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) for each accident. iii. Comprehensive commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000) as the combined single limit for each occur- rence of bodily injury, personal injury and property damage. iv. All policies other than those for Worker's Compensation shall be written on an occurrence and not on a "claims made" basis. V. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. f. Named Insureds: All policies, except for workers compensation policies, shall name City and all of its associated, affiliated, allied and subsidiary entities, now existing or hereafter created, and its respective officers, boards, commissions, employees, agents and contractors, as their respective interests may appear as additional insureds (herein referred to as the "Additional Insureds"). Each policy which is to be endorsed to add Additional Insureds hereunder, shall contain cross -liability wording, as follows: "In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the 4 same manner as if separate policies had been issued to each insured hereunder." g. Evidence of Insurance: TAAC shall file certificates of insurance for each insurance policy required to be obtained in compliance with this paragraph, along with written evidence of payment of required premiums with the City annually during the term of the Agreement. City shall immediately advise TAAC in writing of any claim or litigation that may result in liability to TAAC. TAAC shall immediately advise City in writing of any claim or litigation that may result in liability to City. h. Cancellation of Policies of Insurance: TAAC's insurance policies maintained pursuant to this Agreement shall contain the following endorsement: "At least sixty (60) days prior written notice shall be given to the City of Lodi by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Agreement." I . Self -Insurance: The City's insurance requirements set forth herein may be satisfied by a self insurance program that complies with all laws and regulations governing self insurance. 13. Notices. Except as otherwise provided for in this Agreement to the contrary, all notices, demands and other communications required or contemplated to be given under this Agreement shall be in writing and shall be delivered either by (i) postage prepaid, Returned Receipt Requested, Registered or Certified Mail, (ii) local or air courier messenger service, (iii) personal delivery, or (iv) facsimile addressed to the parry or parties for whom intended at the address shown below or such other address as the intended recipient previously shall have designated by written notice from time to time (provided, however, notice of a change of address or facsimile number shall be effective only upon receipt): If to City, to: City of Lodi Parks & Recreation Dept. P. O. Box 3006 221 W. Pine Street Lodi CA 94240 Fax # (209) 333-0162 Attn: James Rodems If to TAAC, to: Twin Arbors Athletic Club 1900 S Hutchins Street Lodi CA 95242 Phone # (209) 334-4897 Attn: Dennis Kauffman 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 15. Non -Waiver. Failure of either party to insist on strict performance of any of the conditions, covenants, terms or provisions of this Agreement or to exercise any of its rights here under shall not waive such rights, but either party shall have the right to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. 16. Miscellaneous. a. TAAC and City represent that each, respectively, has full right, power, and authority to execute this Agreement. b. This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no represen- tations or understandings of any kind not set forth herein. Any modification of or amendment to this Agreement must be in writing and executed by both parties. C. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was executed as of the date first set forth above and effective as of the date set forth in introduction above. Konradt Bard am City Manager Attest: Randi Johl City Clerk Dated: Approved as to Form: D. Stephen Schwabauer City Attorneys { Dennis Kaufman General Manager CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D D/YYYY) WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 3/17/2011 L TYPE OF INSURANCE lnlart wvn POLICYNUMBER POLICY EFF POLICY EXP LIMITS 71 GENERAL LIABILITY Y PHPK615138 �M1/2010YY)t�MN11�Z iYY1-rEACHOCCURRENCE 51,000,000 PRODUCER RENTED I ISES (Ea occurrence) 15100, 000 CONTACT- — NAME: Pamela Trask James C. Jenkins Ins. Services X Liquor Liability PHONE FF l.L1915_=5£L3 License No. 0545478-(6—Lr, GENERAL AGGREGATE $2.000,000 No WL 9.1.5 - a7-6 __ _7_613 -- PO Box 13847 PRO LOC POLICY F JE r -MAIL ADDREss:_ptrask@jenkinsinsgroup._com Sacramento CA 95853 LIABILITY PRODUCER _-- _-CUSIOMERIDn SPARE !.__. _ INSURER(S) AFFORDING COVERAGE NAC # INSURED COMBINED SINGLE LIMIT INSURER A: Philadelphia Indemnitv_Ins Co_ Spare Time Inc. 11290 Pyrites way INSURERS: Gold River CA 95670 (Ea accident) L INSURERC: ANY AUTO INSURER D INSURER E ...............------.._...------....-- BODILY INJURY (Per person) l INSURER F COVERAGES CERTIFICATE NUMBER: 1336425727 REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TCS ALL–THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE lnlart wvn POLICYNUMBER POLICY EFF POLICY EXP LIMITS 71 GENERAL LIABILITY Y PHPK615138 �M1/2010YY)t�MN11�Z iYY1-rEACHOCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY RENTED I ISES (Ea occurrence) 15100, 000 CLAIMS -MADE ] OCCUR L"_ MED EXP (Any one person) 51 000 X Liquor Liability PERSONAL &ADV INJURY S1,000,000 - - GENERAL AGGREGATE $2.000,000 G6NLAGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $2,000,000 PRO LOC POLICY F JE S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 (Ea accident) L ANY AUTO ...............------.._...------....-- BODILY INJURY (Per person) l -- --..—. ---- - I ALL OWNED AUTOS nuulLr uvduKr Iyer accidenp f a i SCHEDULEDAUTOS ..__.. .._...._. PROPERTY DAMAGE ..__...... _....... HIRED AUTOS (Per accident) NON-OWNEDAUTOS UMBRELLALIAB OCCUR ! EACH OCCURRENCE 15 EXCESS LIAB f I_-.-._{-- - _ _ I CLAIMS -MADE,' _.._..... - I AGGREGATE Is r --- ---- -- DEDUCT RETENTION S Is WORKERS COMPENSATION j j WC STATU- I OTH-' R_ AND EMPLOYERS LIABILITY YIN _ _ m- __L03Yt,IN11TS� _..ERI- ANY ANYPROPRIETOR/PARTNER/EXECUTIVE EL �EL OFFICER/MEMBER EXCLUDED? ❑ i N /A (Mandatory in NH) DISEASE CEAEMPLOYEE�'S Ifyes. describe under _ -- _ I DESCRIPTION OF OPERATIONS below E L DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS (LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: Lease of Facility, Swimming Facility and Tennis Courts for Summer Swim League and Tennis Tournaments. T'heCity of Lodi, its elected and Appointed Boards, Commissions, Officers, Agents, Employees and Volunteers are additional insured per the attached form. Primary wording applies per the attached form. CERTIFICATE HOLDER CANCELLATION City of Lodi 221 W. Pine Street Lodi CA 95240 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATETHEREOF NOTICEWILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2009ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK615138 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT MODIFIESTHE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE 1. Designation of Premises (Part Leased to You): Swimming Facility and Tennis Courts 2. Name of Person or Organization (Additional Insured): City of Lodi, its elected and appointed boards, commissions, officers, agents, employees and volunteers 221 W. Pine Street Lodi CA 95240 3. Additional Premium: (If no entry appears above, the information required to complete this endorsementwill be shown in the Declarations as applicable to this endorsement.) WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 110196 Copyright, Insurance Services Office, Inc., 1984 RESOLUTION NO. 2011-47 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AGREEMENT BETWEEN THE CITY OF LODI AND SPARE TIME, INC., dba TWIN ARBOR ATHLETIC CLUB, FOR USE OF POOLS AT TWIN ARBOR ATHLETIC CLUB FACILITIES WHEREAS, the Parks and Recreation Department currently provides a summer swim league program to over 500 children; and WHEREAS, this program continues to grow, with no additional facilities available to expand the program; and WHEREAS, over the years, City staff has partnered with Twin Arbor Athletic Club to gain access to its pools in order to expand the program; and WHEREAS, the benefits of the public/private partnership have been twofold: 1) it has provided the City use of aquatics facilities that it does not currently have; and 2) it has created another program offering for Twin Arbors Athletic Club, which has resulted in the expansion of the Summer Swim League; and WHEREAS, staff therefore recommends that the City Council approve the agreement, which would allow the swimming pools at Twin Arbor Athletic Club to be used for swim meets and allow a team comprised of Twin Arbor members to participate in the league. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the agreement between the City of Lodi and Spare Time, Inc., dba Twin Arbor Athletic Club, for use of pools at Twin Arbor Athletic Club facilities for the period May 31, 2011 to July 14, 2011. Dated: April 6, 2011 ----------------- hereby certify that Resolution No. 2011-47 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 6, 2011, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Katzakian, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ZJOHL City Clerk 2011-47