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HomeMy WebLinkAboutMinutes - July 8, 2003 SSCITY OF INFORMAL INFORMATIONAL An informal Informational Meeting ("Shirts leeve " Session) of the Lodi City Council was held Tuesday, July 81 2003, commencing at 7:00 a.m. A. ROLL CALL Present: Council Members - Beckman, Hansen, and Howard Absent: Council Members - Land and Mayor Hitchcock Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston B. CITY CO1:1NCIL CAL NWAR UPDATE City Clerk Dlackston reviewed the weekly calendar (filed). C. TOPIC US C-1 "Discussion regarding swim teams, Parks and Recreation Director Goehring reported that prior to the 2001 swim season there were a large number of registrants and as a. result it was necessary to create'a sixth team. To accommodate the additional team the City entered into a year-to-year agreement with Twin Arbor Athletic Club, which offered the use of its pool facilities. This year's agreement is effective June 2 through July 27, The agreement can be terminated within 48 hours after receiving written notice. On June 13 staff sent a letter of termination (effective Julie 16) to Twin Arbor, due to alleged violations of the agreement. On June 18 at the direction of the City Manager, staff sent a letter to the manager of Twin Arbor rescinding the termination and reinstating the Dolphins team for the remainder of the swim season. On July 2 a similar notice was mailed to each affected Dolphins team member's parent. Mr. Goehring"reported that this matter was discussed at the Parks and Recreation Commission meeting last night. Jennifer Alberti, Recreation Supervisor, stated that most of the difficulties surrounding this issue were due to a lack of communication. She noted that since February five meetings were held, at which coaches discussed the following issues: Multiple swim practices - The Twin Arbor Dolphins swim team had been allowed to swim in either morning or evening practice sessions, however, the agreement specifically states that the practice time must be between 4:00 to 8.00 p.m.; Paid coaching - For the past two years assistant coaches of the Dolphins team were paid; whereas, none of the assistant coaches on the other five teams were paid. Ms. Alberti noted that the assistant coach on the Dolphins team is no longer paid, Extended swim season - After the summer swim league ends, 20 to 33 membors of the Dolphins team form and compete in a USA swim team; Recruiting from other teams - 90% of the Dolphins team is made up of transfers from existing swim teams. The Twin Arbor marketing department calls swim team members and encourages them to join the Dolphins team. > Uneven teams - The Dolphins team initially had 130 swimmers. in an attempt to equal out the numbers, the Parks and Recreation Department gave the Dolphins coach the caption of giving back 30 swimmers to distribute on other teams; however, the coach declined. Clinics -- The Twin Arbor Dolphins swim team hosts clinics two months prior to the beginning of the season. Normally information regarding the clinics is mailed to swim program participants and is posted in the Parks and recreation Department. This year Twin Arbor failed to forward information regarding the clinics to the marks and Continued July 8, 2003 Recreation Department, so they were not able to notify the other swim team members. A Donations — Typically swim teams ask for a donation of $5 to $10 in order to purchase swim team attire and pay for end of season parties. The Twin Arbor Dolphins team asks for a $40 contribution in addition to charging a 10% to 15% mark up for tee shirts and sweat shirts. Ms. Alberti.. reported that the Dolphins coach failed to attend any of the five meetings. After considering 611 of these issues, it was the Department's recommendation to disband the Dolphins swim team and redistribute the swimmers to the remaining five teams. City Manager Flynn stated that the recommendation to disband the team came from the coaches to Ms. Alberti, to former Perks and Recreation Director Baltz, and then to the City Manager. He emphasized that the issue is equity among the teams, In answer to Council Member Backman, Ms. Alberti reported that the swim team program is for youth ages 3 to 18. She acknowledged that only members of Twin Arbor Athletic Club can join the Dolphins team and non-members have the choice of joining any of the other five teams. Ms. Alberti stated that the Parks and Recreation Department generally has 20 to 5a yetith ap a waiting list for 'the swli�a program. �hc reported that all swirn coaches receive a $3001 stipend for their teams. The Dolphins coach is pain a salary through Twin Arbor. PUBLIC COMMENTS: p Mark Bowman stated that he. was a parent of Dolphins team members and was surprised at the. level of:antagonism that had erupted over this matter. The Dolphins team currently has 117 members, which is below the 120 maximum that the siarxirrier swim league bylaws mandate He.explained that rather thein having the coach of the Dolphins teary choose which 30 members had to be transferred to other teams, they had requested. that the :Forks and Recreation Department snake the decision. He believed that the perceived.; inequities as outlined by Ms. Alberti were negligible in terms of their effect on making the Dolphins team more competitive. The Dolphins team hasnever won a championship and most of the swimmers are young. The Twin Arbor Dolphins team coach is paid a salary because the facility has a separate swimming pool that needs to be managed. He pointed out that. conflicting information was presented this morning, i.e. 1) thW trete were a lower nurnbor of swim program participants this year, and 2) there are 2p to 50 youth on'a waiting list for the swish program. He believed the. parents, not the coaches, should have made the detormination whether. swim team members should have to be transferred for equity reasons two weeks into the swim program. He stated that communication to parents should have been made by the larks' and recreation Department.. Contrary to Ms.. Alberti's report, only five or six members of the Dolphins team participate in the USA swim program off season, which is not a violation of the City's rules. He believed the matter of multiple practices was a non -issue because Dolphins team members are offered a choice of morning or afternoon practice, but the total amount of time in the pool was the same as other swim teams. Dennis Kaufmann, Manager of the Twin Arbor Athletic Club, stated that there was no attempt to draft' other swim team members, they were merely trying to sell memberships and. compete in the private enterprise environment. He reported that no members of the public had contacted him with grievances related to the Dolphins swim team. He acknowledged that he was serving on jury duty at the time letters were sent by the City. In reply to Council Member Hansen, Mr. Coehring stated that the agreement between the City and Twist Arbor Athletic Club benefited both parties because the Parks and Recreation Department needed more pools to accommodate the number of swim program participants and Twin Arbor wanted to expand its existing swish program. N Continued July 8, 2903 Todd Hansen; parent of three Dolphins team members, stated that Ms. Alberti had informed him that the problem was inequityin numbers. He found it odd that they chose to resolve the problem by affecting the most number of children. The City allowed transfers from other teams to Twin Arbor. He pointed out that Ms. Alberti allowed .130 youth to sign up for the Dolphins tenni. The sign-up period was extended two weeks Because the number of applicants did not reach expectation levels from previous years. He believed that the City chose to disband the Dolphins team rather than taking responsibility for allowing tine transfers and resulting inequity in numbers. Luann Casey reported that she and her husband have volunteered over 24 years in the City swim program. She had voiced concerns to the City when it was originally considering the agreeriment. with Twin Arbor. She believed that these, or similar issues, would 'surface every year because they are inherent to incorporating a volunteer program with a private entity. She was pleased that Mr. Coehrig had taken the position of Parks and Recreation Director, and reported that the former Director never returned her phone calls and refused to discuss this issue with her. City Attorney Nays noted that the agreement with Spare Time Incorporated; d.b.a. Twin Arbor Athletic Club, states that they are not to do recruiting, and that practices are to be hold from 4:00 to 8:00 p.m only. The Twin Arbor facility was not available for City teams to use. Competitions are. only held at the Twin Arbor pool when the Dolphins team and another City team participate together. He believed it was unfair to suggest that the Parks and Recreation department should have communicated individually with parents of Dolphins team members, as they are under the aegis of Twin Arbor. R John Conner, coach of the Piranhas swim team, clarified that the decision to disband the Dolphins tenni was not made by the coaches, not wore the coaches involved when Twin Arbor was added to the City swim program. He stated that the coaches' main concerti is that the teams be equal in number. Anne Cecchetti, coach of the Tritons swim team, concurred with Mr. Conner. She believed that the issues could be resolved and noted that this situation underscored the need for an aquatics center in Lodi. Mr. Flynn acknowledged the error in his earlier statement regarding the recommendation having come from the coaches He noted that he was meeting today.with John<Griffin and other members of the swim community to discuss ways of raising funds to build the aquatics center. In reply.to Council Member Hansen, Mr. Goehring reported that.the Warks and Recreation Commission had supported staff's original decision to terminate the. contract with Twin Arbor. At last night's meeting the Commission suggested that the [Dolphins team not be disrupted during this swim season, and to evaluate the Twin Arbor situation and the City swim program goals and objectives at the conclusion of the season for possible amendments to the memorandum of Understanding next year. Council Member Hansen suggested that staff look into whether other cities have agreements with private sports facilities and what type of contacts and issues they have had. He staters that the main goal for the swim program is to have as many youth as possible participate. Mayor Pro Tempore Howard saw no problem with Dolphins team members participating on the USA swim team, that their donation request is higher than others; or that they had a paid coach. She suggested that .the contract be amended in the future to change the termination period from 48 hours to two weeks, noting that 48 hours is not enough time to receive information and inform effected parties. In addition she recommended that future written notices be sent to the manager of Twin Arbor, the coach, and assistant coach. 3 Continued July 8, 2003 She pointed out that the Barks and recreation Department had two months to figure. out the number of members on each team and the matter should have been resolved at that time, rather than two weeks into the program. Council Member Danson suggested that the contract also matte it mandatory for coaches to attend meetings. None. No action was taken by the City Council. The meeting was adjourned at 8:13 a.m. ATTEST: Susan J. Blackston City Clerk 4 111T as , . . t 0 t . 7. -DO a.m. Shirtsleeve Session 1. Discussion regarding swim teams (PR) 5:30 - 7:00 p.m. Howafd. 18fhAnniversary and ribbon cutting for Arbor Senior Apart ments, 115 Louie Avenue. 6:30 - 8:30 p.m. San Joaquin County Public Works Department's public meeting on the. State Route 88 Bypass Feasibility Study, at the Moke.lumne Rural County fire Protection District, 13157 E. Brandt Road, Lockeford. Thursday, July 10, 2003 5:30-- 7:00 p.m. Land. Grand opening and ribbon cutting for Schaffer. Suess & Boyd JSSB), 1949 W. Kettleman Lane. SSB will host an open house beginning at 4:00 p.m. Fri day, July I 1 2003 Noon Chamber of Commerce Governmental Relations Committee meeting, Chamber Conference Room. W15WAIIII F1 Ily I;st 2.003 vly 14, i603 6:00 p.m. Micke Grove Zoo and Zoological Society dedication of the Alice S. Hunter Building, an education and meeting facility. F ILE � COPY Memorandum. of Understand mig (Ser Swim Teague). l� ala i.'* e r. E •. Ear Era �.�1 ► r � � :.� �r: : E •.11 ,� `+� �� B TAAC desires to organize a team to participate in the summer swim, league again. City is N, to .....#.#.:,. to so on a .:....:.tl,... basis..o-.`.. _ in „/,_._.. .r.accommodate #... sL-dh team, City requires 1he use of one or both of TAAC's pool facilities. C. Accordingly, the parties enter into this Agreement on the terms and conditions so fbrth below. mment. 1, PartiO gqLip _atiE/establish # team name4 ihe "Dolphins” ElyE ofthe members a r to participate /summer aa � Ty1114 a. rf # NE:a N o i e/KIMr r..a fa .rE {/,: a fa r .. ..• .i� e- �9:ra r + E: - ,: ��:f# .# i X1 9 Ars MCI � .o ' ► .:r ,f . E - � :.. a r. f - ., . a ♦ /:r i i o . m - .. N, •a' iA // .. r _i r f:R 11 1 11 1 f NAM= E N r - r' i► r-,# i E is ,# ` .::EiR: M N/r^ ,,.. !. ♦ -, i.. E f �r ri is _. x't3F>! r � • /" '..': I. N!. "r f:• f � fa f r. E � •� ! i i y b. fir: -:E.::r... [ i. .i 1*1 Lo RIA.- y f .E .. E .: i1. r.. `..... to oara the TAAC to o�vever, TAA will be permitted to infbrrm its members that it is establishing a. team to compete in xe Ciiys s er swam. l��gue d tit TAAC members y ma join TAAC's teams bysignmg . through the City's Parks and Recreation Department. 4. Use FaFacilities. .During the terms 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 dig the hours of 4:00 p.n. 8.00 p.m, Monday through Friday- and for swim meets between any teams in the summer swim league from 8:00 a.,m. to 12:00 p.m. on Sunday, No fees shall be charged to (i) 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, dura the swim meets. TAAC shy have the right to designate which of its pool facilities will be used for practices on whatever notice it deems approprWe and shall also have the right to designate "Aich of its Lodi pool facilities will be used for swims meets on at least 30 days written notice to City. The meets held at TAAC pools will involve the Dolphins and. a City tom. At no time will two City teams use TAAC pool for swim meets. 5. Tom, The term of this Agreement shall be from June 2� % 2003 to July 27' , 2003 unless otherwise terminated as provided herein. 6 Maintenance. TAACown :f- f maintain its premises and / r /. buildings and or equi'pinea on or attached to the premises in a safe condition, in good repair and in a maxIner suitable tb City. Cit y shall be entitled to inspect TAAC's pool facilities upon demand to ensure compliame with this paragraph. 7. _Utilities. TAAC shall provide utility service to the premises at its sole cast and expense. 8. Attorney- `ees. 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 asonaMe attorney fees. 9. Optional Termination. Either party may terminate this Agreement in writing. up at4east 48 hours � riot .: ..... . . . . . . . . e.: � In the event of an early termination, the City, in its sole p written discretion, will d.et ermine which one of the following options to give to theentire Dolphins te a. Join another of the five teams m' the Summer Swim League; b. Continue on the Dolphins team for the remainder of the season with a coach to 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 feespaid to the Parks and Recreation Department. I l0. indemnity and lnsurance. a. de ' cation b City: Except to the extent cawed by the .negligence or intim tional misconduct of TAAC or of any agent, servant or employee of TAAC, City C d itdr") shall, at its sole cost and expense, indetmiffy and hold harmless TAAC and all associated, affiliated, a.Ili d and subsidiary entities of TAAC, now existing or hereinafter created., and their 2 respective officers, boards, employees, agents, attorneys, and contractors (hereinafter referred to s Ude .itees"), from and against: i. Any an 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:again the tndemaitees by reason of any act or omission. of City, its per- sonnel, employee% 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 deWuction of tangible or intangible property, or any other right of any person, firm or corporation, to the e)dcnt arising out of or resulting from the operation and/or maintenance of the simmer swim league or City's failure to comply with any applicable federal, state or local statute, ordixiance or regulation. b. Indemp ca ion by, TA C: Except to the extent caused by the negligence or intentional misconduct of City or of any agent, servant or employee of City, TAAC (4inde tof) shall, at its sole cost and expense, indemnify and bold. harmless City and all associated, affiliated, allied .d subsidiary entities of City, now existing or hereinafter created, and theirrespective officers, boards, conimissions, employees, agents, attorneys, and contractors (hereinafter referred to as 'Indenina%tees'), from and against: L Any and all liability, obligation, damages, penalties, claims, liens, coats, charges, lasses and expels (including, without limitation, reasonable fees and expenses of:attorneys,..e pert witnesses and: consultants), which may be imposed -upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of `f'AAC, its per - some], employees, agents, coutractors or subcontractors on the premises, resulting 'n personal it prys 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. f:. �" r e'4e a f- -�i' i .. :• • e e ~�. i«. e.: r r • +�. .•, a f.� ;�f�fii ,-_ �: .-� .i r: ,i: � - �: a :. ;e-tt .'•• • tf- � -� r`: iuciayleu, 110-Fal TO_, • i 11 f1 A, e YLIVI ;?'IUVA IUCJWKI I1 f 1r nified hereunder, withoutprior wfiften consent.'.r..- i 'ii„`, partys duty to defend this . dut . y to defend and shall be cc -extensive with the indernnitag partys indemnification obligation. e. NoticeCoopgatio,n and l rimes: Each party mustgive the other prompt notice of the making of any clam or the cox�nenceme :t of any action. suit or other proceeding covered by the provisions of this'parag*h. Nothi4g herein shall be deems to prevent either party from cooperating with the ether and participating in the defense of any litigation by its own counsel. However, Indemnitor shall pay aff reasonable expenses incwed by Indemnitees in response to any such actions; suits or. proceedings.. These expenses sh ll include all reasonable out-of-pocket expenses such as reasonable attorney fees and sball also include the remnable value "of any services rendered by Indemnitees' aftomey, and the adt reasonable penes. ofIndemnitees' 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 spices provided Indemnitees by Indem it. or. If Ludenanitar requests Indemnitee to assist it in such defense, then Indemnitor sly pay all reasonable expenses incurred by Indemnitee in response thereto, including defending itself with regard to any such actions, stets or proceedings. 'These expenses shall include all reasonable out-of-pocket pocket expenses such as attorney fees and sbaH also include the reasonable costs of any services rendered by Indemnitees. attorney, and the actual reasonable expenses of bademnitee's agents, =4)loyces or expert witnesses, and disbursements and liabilities assumed by Indemnitee in connection with such suits, actions or proceedings. 1_nsurawe. During the term of - Agreement, both parties must maintain, or cause to be is :E _1 and tl and E' . i ". ". cost and expense, the following qpes and limits of insurance: Worker's,compensation insurance meet' E. E. .. 9 e. 1 equire- Ing meats aud employer's liabilityinsurance with minimum. ffinits of One Hundred ThousaadDollars ($ 100,000.00) for each. accident. iv. All policies other than those for Worker's Compensation shall be written on aro 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. g. Named Insureds: All policies, except for workers compensation policies, shall name City and all aftheir associated, mated, aMed and subsidiary entities, now emoting or halter created, and their respective officers, beards, eommi'ssiot s, employees; agents and contractors, as tae respective int-ereM may appear as addkioiwured (herein referred to as the "Additional Insureds"). Each policy which is to be endorsed to add. Additional Ina ds hereunder, shall contain cross -liability wording, as follows: "In the event of a cls being made hereunder by one insured for which another inured is or .may be liable, then this policy shall cover such insured against whom a claim is or may made in the same manner as if separate policies had been issued to each insured hei'eLi:i'kder." { h; Evaidcjqce o s r : TAAC shall file certificates of insurance for each insurance policy required to be obtained compliance with this paragraph, ' along with written evidence of payment ofrequired premiums with the City annually d,urmg the term of the Agr ee t pity shad mediately advise TAAC of any claim or `] i anon that may result in liability. to TAAC. TAAC shall immediately advise City of any claim or litigation that .may result in liability to City. z. Cancellation of olicaes of ace. TAAC's insurance policies main tained pure to this Agreement shall contain the follow endorsement: "At least sixty (60) days prior written notice shall be given to City by the mer of any intention not to renew such policy or to cancel, replace or materially alter same, such: notice to be given by registered rel to the panics named in this paragraph of the Agreement." i -elf s rance. The Cm's insurance requirements set forth herein may be satisfied by a self mi suraace program that complies with all laves and regulations governing self insurance. 13. Nos. Except as otherwise provided for in this Agreement to the cona3, all notices; c emnds and other communications required or contemplated to be given under this e ent'shall be n urift and shall be delivered either by (i) postage prepaid, Returned Receipt requested, Registered or Certified MA (ii) local or air courier messenger se re, (iu) person delivery, or (iv) faesini le addressed to the pater or pies for whom. intended at the address` hown below or such oilier address as the intender recipient previously shall have designated by wxitten 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 ofLodi Parks & Rec. Deist P, 0. Box 3006 221 W. Pine Street Lodi, CA 94240 Fax # (2 09) 333-0162 Attar: Roger Maltz If to TAAC, to: Twin Arbors Atbletsc Club 15. Successors a_d As i _n, This Agreement shaf be biading upon and intim to the benefit of the parties, then respective successors, personal representatives and assigns. 16: Non- aiver. Failure of either party tp insist on sect perfortnance of any of the corlditions,, covet-mis, tem or pro -Visions, of this Agminent o iv exercise any .Of aAs rights here- under shall not waive such rights, but either ply shall have the right to enforce such rights at any time and take such action as might be la fal. or, authorized hereunder, either in law or equity. 5 17. I3— Q0 Ss, a. TAAC and City. represent that each, respectively, bas Egli right, power, and authority to execute this Agreement. b. This Agreernent wnstitutes the .entire agreement and c►nnderswnd g -of the pies and.supersedes all o rs, negotiations, and other. agminerts of any kin . There ace no represen- tations or tinderstandhis ofany ldnd o set forth tae --Any modification of or amendment to. this Agreemont nnast be in W,l- itxn and executed by bath paz tit c. This Agreement shaR be construed in accordance with the laws of the State of CalifoTh a. This Agreement was executed as of the date. first set forth: above and effective as, of the date set forth in introduction eve. �I A Y OF LOM, a m. unidpal corporation H, Ix. PL City Manager ATTEST; � r A 3. ACIDSTON 4y Clergy. APPROVE AS TO FORM- •:: s:F rus r •� 41, I'd 1As+ s s s a r Dear p.. 1phin Swim Team p f � - ' i :::. _.. m : M: ` � • : � �! it �� � ` ^. �. . - • i ,, r _ .�. i - i� ger. a .. .«: s r..,.�, .. -... .i. •: 4 �.r Participants Name. 11 Marlins ri Sharks CI Piranhas 13 TrItons ❑ Bads ❑ Refund If you have any questions or conc *Ms, please feel free to contact i :aour office4 Thank you for your understanding and we apologize for any hardship this may have imposed on you and your Achild. Sincerely, Jennifer Alberti JAAI CITY COUNCIL SUSAN HITCHCOCK, Mayor EMILY HOWARD, Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN KEITH LAND CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LOM, CALIFORNIA 95241-1910 (209) 333-6702 FAX(209)M-6807 http://www.iodi.gov llvlrg!� , 11111i . Dear Mr. Kaufman: AA FTIM 070=1 4 A M i W01 M H. DIXON FLYNN City Manager SUSAN J. "CKSTON. City Clerk RANDALL A. HAYS City Attorney Swimmers currently: ossigned to. the WPM swim team. will.be placed on one of the City be: ro teams as designated by Parks and Recreation staffor p vided a refund. Sincerely, MI M� Mszth z I t 0 ' EM na-pumm CITY HALL' 224 WEST PINE STREET Ko. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 3 33-6702 FAX (209) 333-6807 ' , H. DIXON FLYNN SUSAN].BLACKSTON City Clerk 0\NDALLA.HAYS City Attorney Memorandum. of Understanding (Summer Swim League) THIS Memorandum € f. Understanding ("Agreement") is entered into as of this � day of 2003, by Spare Time In corpbratc d.b.a Twin Arbor Athletic Cidb, ("TAAC") and THE CITY OF LODI,, acting by and through its Parks and Recreation Department ("City"). A. City. operates an. eight -.week steer swim league at the City owned Enze Pool, Lodi High School Pool and Tokay High Schaal Pool. Currently, the City has six teams, each co prised of over 100 participants, TAAC also operates swimmia programs at its privately owned pool facilities at 2040 W. Cochran Rd, Lodi and 1.900 S Hutchins Rd, Lodi. B. TAAC desires to organize a team to participate in the summer swim league again.. City is',%illing to. permit TAAC to do so on a trial basis, however, in order to accommodate the sixth 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. A egrn.ent In consideration of their mutual covenants, the Parties agree as follows: I . Participation. TAAC and City agree that TAAC will establish a sixth team named the "Dolphins" comprised of the members of its club to participate in the City's steamer swim league,. Z Administration. Generally, the. Dolphins team and its members will be treated identically to the City teams with the exceptions that the Dolphins coach may be paid an additional stipend by TAAC,: and the Dolphins will practice at TAAC's facilities. Dolphins team members will register with: and pay the City's Parks and Recreation Program. City will pay the Dolphins coach the sate stipend pain. 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 Dolphin's 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 performs background -checks and monitoring. 3. Fees/Recruitin Prohibited. No fees, other than TAAC's standard membership fee, shall be charged to.any Dolphin team member, However, TAAC like other teams may accept donations and have fandr°a scr°s to solicit sponsorships. TAAC shall not engage in any efforts to recruit,members 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 join T:AA.C's team by signing up through the City's Parrs and recreation Department. 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 meas, bathrooms, and spectator areas for Dolphins practice during the hours of 4:00 p..m.:8:00 p.m., Monday through Friday and for swim meets between any teams in the summer swim league from 8:00 a.m. to 12:00 p.m. on Sunday. 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 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 swum meets on at least 30 days written notice to City. 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 swizz meets. S, Tema. The term of this Agreement shall be from June 2 d, 2003 to July 2711' , 2003 unless otherwise terminated as provided herein. 6. Maintenance. TAAC shall, at its own expense, maintain its premises and any buildings and or e uipment.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 scale cost and expense. S. Attorney -Fees. 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. Q tional . 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 stale discretion., will determine which one of the following options to give to the entire Dolphins team: a. Join another of the five teams in the Summoner Swim League; b, Continue on the Dolphins team for the rtrrmainder of the season with a coach to be supplied by the City without the use ofthe TAAC facilities; or C. Terminate their participation in the league and receive a pro -rated refund of the fees paid to the Parrs and Recreation Department. 10. lndezauai azzd lnsurance. 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, indem.nify and hold harmless TAAC and all associated, affiliated, allied and subsidiary entities of TAAC, now existing or hereinafter created, and their 2 respective officers, boards, employees, agents, attorneys, and contractors (hereinafter referred to as "Indmuitees"), 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 City, its per- somel, employees, agents, contractors or subcontractors on the Premises, resulting in personal'jury, 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,Indernnif cation by TAAC: Except to the extent caused by the negligence car intentional misconduct of City or of any agent, servant or employee of City, TAAC (C Indemnitor') shall, at its sole cost and expense, indemnify and hold harmless City and all associated, affiliate., allied and. subsidiary entities of City, now existing or hereinafter created, and their respective of'frcers, boards, coir fissions, employees, agents, attorneys, and contractors (hereinafter referred. to as "Indemnitees"), from and against: L 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 per- sonnel, employees, agents, contractors or subcontractors on the Premises, resulting in personal injury, bodily injury, siekne.ss, 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. d. Defense of Indemnitees: In the event any action or proceeding shall be brought against the Indemnitees by reason of. matter for which the Indemnitees are indemnified here- under, Indemnitor shall, upon reasonable prior written notice from any of the Indenmiitees, 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 indem- nified hereunder, without prior written consent, The indemnifying party'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 party's indemnification obligation. e. Notice Cooeration and Expenses: Each party must give the other prompt 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 party from cooperating with the other and participating in the defense of any litigation by its own counsel. However, Indemnitorshall pay all reasonabie 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 f s 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 Indenmitee's attorney, and the actual reasonable expenses of Indem itee's agents, employees or expert witnesses, and disbursements and liabilities assumed by Indemnitee in connection with such suits, actions or proceedings. f. 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: i, Worker's compensation insurance meeting applicable statutory require- ments and employer's liability insurance with minimum limits of One Hundred Thousand Dollars ($ 100,000.00) for each accident. iii. Comprehensive commercial general liability insurance with minimum limits of One Million Dollars ($1'000;0t 0,00) as the combined single limit for each occurrence 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 an combination the limits equal or exceed those stated. g. Named Insureds: All polici.es, except for workers compensation policies, shall name City and all of their associated,affiliated, allied and subsidiary entities, now existing or hereafter created, and thoir 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 evert 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 same manner as if separate policies had been issued to each insured hereunder," a! h. Evidence of Jnsurance TAAC shall file certificates of insurance for each insurance policy required to obtained in c€apliance with this paragr along with written evidence of payment of required premiums with the City annually during the t rm;t f the Agreement. City shall immediately advise TALC of any claim or litigation that may result in liability to TAAC. TAAC shall immediately advise City of any claims or litigation that may result in liability to City i. Cancellation of Policies>nf Tisurance: TAAC's insurance policies maintained pursuant to this Agreement shall con.. n the following endorsement: "At least sixty (60) days prier. written notice shall be given to City 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." j. 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 ; overnitig self insurance. 13. Ncaticesa Except. as otherwise provided for in this Agreement to the contrary, all notices, demands and other eom. u.moations required. or contemplated to be given under this Agreement shall be in writing and sha.11 be delivered either by (i) postage prepaid, Returned Receipt Requested, Registered or Certified Mail, (ii) locator air courier messenger service; (iii) personal delivery, or (iv) facsimile addressed to the party 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 fr m 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 & Rec. rept R. 0. ,Boat 3006 221 W. Pine Street Lodi, CA 942.40 Fax # (209) 333-0162 Attn: Roger Raltz If to TAAC, to: Twin Arbors Athletic Club 15. This Agreement shall ,be binding upon and 'inure to the benefit of the pies, their restive successors, personal representatives and assigns. 16. Non Waiver. Failure of either party to insist on strict. performaznce of any of the conditions, covenants; terms or Provisions -of this Agreement or to exercise any of its rights here- under shall not ware such rights, but either party shall have the ri ght to enforce such rights at any time and take such action as night be lawful or authorized hereunder, either in law or equity. 17. Miscellaneous: a. TAAC and City re re ent that each, respectively, has full right, power, and authority to execute this A r men. 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 ofany kind not set forth herein, any modifeation 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 fob in introduction above. CITY OF LOM, a municipal corporation W1. City Manager ATTEST: SUSAN S. ELACKSTON City Clerk APPROVE AS TO FORM: RANDA:LL A. AY City Attorney parks & programs Last evenina I had an Oxtensive conversation with:Mark Bowman regarding his concems about the status of 601 r . -. : _..r o.; :.' H.„. ., _ }: y i ....: r that part " f r :. r f could: O06�jestilt of. poor OMmuniciion. To remedy: an unc ear situation, heaskeid that. I provide two things: (1) writt-Oh affirmition e. Mr.A �ln Swim Team :had, in fatt, been reinstated by City CoUn611 action and (2) that they Dolphins) would . b . 0 ab .1. a to continue as a team, and participate in the Lodi Parks and Recreation .. for d " • This: letter,.then, rescinds t.h.e notice.oft.erminat.ion dated June 13, 2003, and reaffirms City Manager Dixon r:Written;June 18, 2003f:(attached). if you.have any questions or need further clarification regarding this issue, please do not hesitate to contact me at �66-333-6893. Enjoy the rest of the summer season! Attachments: .(2) SUMMER SWIN4 LEAGUE BY -LAVAS Revised as of January 25, 2002 The Lodi Summer Swim League is an introductory competitive swim. league program under the direction of the Lodi Parks and Recreation Department. The league consists of teams within the Lodi Unified School, District. I. PROGRAM OBJECTIVES A. To serve as an introductory competitive swim program. To develop sportsmanship, leadership, and fellowship among all participants involved in the program. C. To provide an enriching and enjoyable experience for all participants. 11. LEAG`UE MANAGEMENT A. The League management shall be vested in the Board. of Directors. The Board will be composed of three persons; the Parks and Recreation Director, the Recreation Supervisor, and the league coordinator, from the City's Parks and Rzeereation Department. The terra's head coaches and team managers shall serve in an advisory capacity to the Board. I . The Director of Parks & Recreation, and Recreation. Supervisor shall appoint the League Coordinator, B. Decisions of the Board shall be by simple majority, I. 'Voting members who cannot attend may vote through the League Program Coordinator. All policies and . procedures approved by the board shall be subject to the approval of the Parks and recreation Department. 2. Appeals made on aecisions.of the Board shall. be presented in written form to the Board. la'inal decisions on all appeals shall be vested in the Parks and Recreation Department. I A. To be eligible to swim for a Summer Swim League team, a participant: Must live, work, or attend school within the Lodi Unified School district attendance area. Z. Swimmers who swam in the League last season Must swim for the same team unless the League Coordinator authorizes a transfer request, after consideration by the Board. All late siVam swillbedesi ated to a team by the Recreation IW Supervisor. 3. High School swimmers are eligible to compete: 4. May not have been a member of an U.S.S. Swim Club since March 1 of the current year, except for a one-month tryout period. Swimmers may be no older than 18 years of age as of June I of the current swimseason. B. To be eligible to swim in an event, a swimmer: Will swim tri his or her age group as determined by swimmer's age on June I of the current year. I May move upone age group in relay events only. Exception: 6 and Udder's may move up one age group in the Dual/ Championship meet with the exception of Freestyle and Backstroke events. Breaststroke a -ad Butterfly if not offiered in their age grOup. WRamoN Participant registration willonly be accepted at the Lodi Parks and Recreation Department. All monies collected shall be used to defray kague expenses. will result in DQ team status at Championship Meet V. DUAL MEETS 2 A. Both teams shall administer each dual meet and are responsible for the setting up ofthe meet, �Staffing includespersonnel for scoring and awards table, six timers, and one head timer.) Ribbons shall be prepared beforeeach meet. & Both teams shall provide six lane timers and handle the tear down and clean. up at the conclusion of the meet. C. Each dual meet must followthe order and -event numbers as listed by the Board. Only the first heat of each event is. official except "6 and Under". D. Each swimmer may swim a total of four events, either two individuals and one relay or two individual events and two relays. A maximum of two (2) individual events. E. All teams shall keep. summary forms. A copy from the "Home" team will be presented to the "visiting" teams lipoyl c. ompletion of the rneet. Times shall be recorded for the first six places. A master copy shall be presented to the League Coordinator by the closing of the first working day after the meet. Copy to parks and recreation. F. All dual meets are unofficial, as they qualify swimmers for the Championships; there will be no team scoring in adtial meet. G. A swinuner may have one false start. The second false start results in disqualification. H. Snack bar at Dual meets will be a pre -season agreement. I. Age Groups: I. 6 and under 2. 7 and 8 year olds 1 9 and 10 year olds 4. 11. and 12 year olds S. 13: and 14 Ye . 4r olds 6. 15 . to 18 yearolds J. Teams should be assigned with equal numbers, with a -goal of maximum of 120 per team, and equal numbers in each age group, K. All 6. and under swimmers are official, but only the best t1we times receive plate ribbons, and all other finishers receive finishers` ribbons. V1. CHAMPIONSHIP WET 3 x A. To be eligible to swim in.the championship meet, swimmers ers must have swum in at least one sanctioned dual meet. B. The Championship Meet begins with the trials, and a swimmer may swim three individual and one relay event ar two individual and two relay events. C, Each tcara is allowed two official relays to be declared prier to start of event. All other relays will be exhibition relays (exon -scoring). Scoring 1. Individual Events l st 20 paints 9th 9 points 2nd 17 points lf3th 7 points 3rd 16 points 11th. 6 points 4th 15 points 12th 5 paints 5th 14 points 13th 4 points 6th 13 points 14th 3 points 7th 12 points 15th 2 points $th 11 .points 16th 1 point 2. Relays 1st 40 points 9th 18 points 2nd 34 points loll 14 points 3rd 32 paints 116' 12 points 4th 30 points 12tt' 10 points 5th 28 points 6th 26 points 7t` 24 points stn 22 points C< Tea -in Responsibilities 1. All teams will be assigned their team duties in the Championship meet entry for the -set-up, tear down, and Olean up. 2. Each team shall provide five lane. timers and two staff persons for each day of the trials. 3. Each team shall provide four lane timers and four staff persons for the final clay. 4. leo chimer in races are allowed after the program is printed. El! Relay events l st place ... blueribbons 2nd place red ribbons 3rd. place.. white ribbons B. Championship Meet 1. Individual medals for first through.,oi ht places. 2. Relay medals for each team for first through eight places. 3. Ribbons for 9th through 16th plate in individual events. VU PROTEST - PENALTIES A. A protest maybe filed on swirl ger eligibility and/or rate violations only and not on the decision or Judgment of the Meet officials. Protests shall be presented to the League Coordinator in written form within one worltinday of the conclusion of the protested meet. If protest is valid, the swimmer shall lose his/her price or award in the evcnt(s). B. Championship protests must be in the Parks and Recreation Department office the Friday before the Championship meet. C. Any team viDlating. the League by-laws maybe penalized as follows; I . Forfeit an event. 5 Forfeit points in the champions .p meet. Replace the Team. Coach. 1,thhe head coach for the tem d hereby agree that I have readjAnd under0and the Sumner Swim League By-Lawsand I agree to abide by the Rules and Regulations contained within. Signature Date Note: this copy is to. be kept on file with the City of Lodi Parte and Recreation Department.