HomeMy WebLinkAboutAgenda Report - April 7, 2004 I-03AGENDA ITEM 110�
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TLE: Adopt a resolution approving an 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, 2004 to July 25, 2004
MEETING DATE: April 7, 2004
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council adopt a resolution approving an agreement for
use of Twin Arbor Athletic Club pool facilities by the Summer Swim
League program.
BACKGROUND INFORMATION: The Parks and Recreation Department currently provides a summer
swim league program to over 600 children, up from 500 a few years
ago. This program continues to grow, however, there have been
no additional facilities available to expand the program.
Staff has been in discussions with Twin Arbor Athletic Club for several years to gain access to their pools
in order to expand the program. For a fourth year, staff was successful in gaining access, thereby
allowing for last years team of 100+ swimmers to participate in the Summer Swim League. Staff
recommends approving the agreement, which will allow the swimming pools at Twin Arbor to be used for
meets and a team comprised of Twin Arbor members to participate in the league. Last year this same
agreement was utilized for the program.
FUNDING: None
TG:t!
cc: City Attorney
Pa a Recreation Diirector
APPROVED:
H. Dixon Flynn, City
Mei- orarndum of Understanding
(Summer Swim League)
THIS Memorandum of Understanding (`Agreement") is entered into as of this dray of
.2004, by Spare Time Incorporated d.b.a. Twin Arbor Athletic Chub, ("TAAC"') and
111 , CITY OF 1.,0131, acting by and through its Parks and Recreation Department ("C"ity").
background
A.. City operates an eight -geek. summer swim league at the City owned Enze fool,
Lodi high School fool arnd'Fokay High School Pool. Currently, the City has six teas, each
comprised of over 100 participants, TAAC also operates swimming programs at its privately
awned pool facilities at 2040 W. Cochrw-i lid, Lodi and 1900 S Hutchins Rd. Lodi,
B. TAAC desires to organize a tea n to participate in the summer swim league again.
City is willing to permit "1 A.AC to do so on a trial. basis. however, in order to accommodate the
sixth team, C-ily 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.
gregment
In consideration of their mutual covenants, the Parties agree as follows:
l , l ariic p tion. 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 summer swim
league,
I Administration.. Generally, the Dolphins t€;arn. arid its members will be treated
identically to the City tear -is, and the Dolphins will practice at `f'AAC's facilities. Dolphins team -n
members will register with mid pay the City's larks and Recreation program. City will pay the
Dolphins coach the same stipend paid to the City coaches. City shall have the right to oversee
m -id 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 ensnare
compliance with all applicable; laws, regulations, and City standards. TAAC". shall cooperate with
City's efforts to perform background checks and monitoring.
Fees/ ecr itinroh%bitec . No frees, other than `I"AAC"s standard membership
f:c.e, shalI be charged to any Dolphin team nnember. Members must be an active member of
TAAC as of.April 1" of the current year. however, TAAC like other teams may accept donations
and have;, fundraisers to solicit sponsorships. TAAC shall not engage .in any effo.n-ts to recruit
memberships during swim meets. TAAC shall not recruit members of City teams and TAAC
r nembers who wish to retain their affiliation with a City team. must not be pressured to join. the
TAAC. team. Ilowevei:, 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 TAAC's
team by signing up through the City's Parks and Recreation Department subject to being an
active member ol`TAAC as of A ril i" oldthe current year.
4. Ise of Fa�ilitis. Itritg the termof this Agreement, TAAC agrees to allow the
use of its laci.lities, including but not litn.ited to the showers, dressing areas, bathrooms, and
spectator areas for Dolphins practice and for swim meets between any teams in the stammer
swirtt league from 10:30 a.ir . to 3;00 p.m. on Saturdays. .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 fQQs, or shower lees, during the swing meets. TAAC shall have the right. to designate
wh.ich ol` its pool facilities will be used for practices an whatever notice it deans 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.
]"he meets held at TAAC pools will involve the Dolphins and a City wam. At no time will tura
City teanis use "CAL"SC pool for swim ineets.
Ierrrt. The tensa of this Agreement shall be from May 31", 2004 to July 25"",
2004 unless otherwise terminated as provided herein,
Cl. ink epance. TAAC shall, at its own expertise, maintain its premises and any
buildhags arra or equiptxtent 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 'FAAC's pool facilities upon
demand to ensure coxa-tpliance with this paragraph.
?. t4ilities. TAAC: shall provide utility service to the premises at its sole cast and
expense,
Attor re 1¢ s 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, includ g
reasonable attorney 1:ees.
9. ( Lonal "Fermination. either party ruay terminate this Agreement in writing upon
at least. 48 hours prier written notice. In the event of an early ter ination, the City, in its sale
discretion, will determine which one of the following options to give to the entire Dolphins team.
..loin another of the live teams in the: a���mer wirrt Lague;
b. Continue on the Dolphins team for the remainder of the season with a coach to be
supplied by Lhe City without the use of the TAAC facilities; or
C, l.,erminate their participation in the league and receive a pro -rated. refund of the
fess paid to tht Parks and Recr€;atiori Depat` went.
10, ncltnrtiy mad rzt,.rrtc.
ae tncl.�mnfficati(? L by City: Except to the extent caused by the negligence, or inten-
Gonal misconduct of TALC or of any agent., servant or employee ofTAAC, City ("Indemnitor")
shall, at its sole cost and expertise, indemnify and bold harmless TAAC and all associated,
affiliated, allied and subsidiary entities of TAAC;, now existing or hereinafter created., and their
respea ve officers, boards, employees, agents- attorneys, and contractors (hereinafter referred to
Gt
as 'Inden itees" from and against:
i. Any and alt liability, obligation, damages, penalties, clairras, liens, costs,
charges, losses and expenses (including, without Hnnitation, 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-
sormel, employees, agents, contractors or subcontractors on the Premises, resulting in
Personal injury, bodily injury, sickness, disease or death to any person or darnage to, loss
of or destruction of tangible or intangible, property, or any other right of any person, firm
or Corporation, to tile exvmt avi.sing; out of or resulting froze the operation and/or
inaiaatena.nce of the summer swim league or City's failure to comply with any applicable
ftMeral, state or local statute, ordinance or regulation.
K Indemnification by T'AAC": Except to the extent carried by the negligence or
tritentioraa.l misconduct of City or of any agent, servant or employee of City, T A.AC
("Indemnitor") shall, at its sale cost and expense, indeninify and hold ham-iless City and all
associated, affiliated, allied w -Ad subsidiary € ,tides of City, now existing or hereinafter created,
and their respective officers, boards, commissions, employees, agents, attorneys, and contractors
(hereinafter referred to as "Indemnities"); 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 attorlievs, expert witnesses and consultants), which may be imposed upon, incurred by
or be asserted against. the Indemnitees by reason of any asst or omission of TAAC, its per-
sonnel. Qmployees, agents. contractors or subcontractors on the Premises, resulting in
pe sonai 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 hidemnitees by reason of any matter for which the Inderm-knees are indemnified here-
UDder, lnder nitor shall, upon reasonable pricer written notice from any of the Indemnitees, Lit
hidemilitor's sole cost and expense, resist mid defend the same with legal counsel mutually
selected. by the parties; provided however, that the patties must not admit liability in any such
matter without written consent, which consent must not be a nreaso aably withheld., conditioned
or delayed, racer enter into any compromise or settlement of, any claim for which they are indena-
nified hereunder, without prior written consent, The indemnifying party's duty to defend shall
bCgUl up013 receipt of a written. notice identifying with specificity the allegationsthat give rise to
this duty to defend and shall be co -extensive with the indemnifying party's indemnification
Obligation,
d. 1` otiee._ Qoo oration and I�x enq s: Each party r�a�rust give the other fsrompt notice
of the, making cif any claim or the commencement of any action, suit or other- proceeding covered
by the Provisions of this paragraph. Nothing hen -,in shall be deen-led to prevent either party from
cooperating with the other and participating in the defense of any litigation by its own counsel,
However. Inderrui for shall pay all reasonable expenses incurred by Inderr€nitecs in. response to
any such actions, shits or proceedings. 'these expenses shall include all reasonable out-of"pocket
expenses such as reasonable attorney fees and shall also i.nc.lude the reasonable value of any
services rendered by nder nitees' attorney. and the actual reasonable expenses of lndemnitces'
agents, employc;es or expert witnesses, andisbursements and liabilities assumed by Indemnitees
in connection with suc: h :s€aits, actions -or proceedings but shall not include attorneys' fees for
services that a€Q unnecessarily duplicative of services provided Indernriltees by Indemnitor.
If Inden-initor requests Indemnitee to assist it in such defense, then Indemnitor shall pay
all reasonable expenses incurred by Indern aitee in response thereto, including defending itself
with regard to ally stach actions, suits or proc;eedIngs. ''hese 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 Indenanitee's attorney, and the actual reasonable expenses of
Indeumite€ 's agents, c € ploys scar expo rt vitaaesses, a€ad dis s rsern nts artd I al iiities assumed.
by Indeninitee in connection with such suits_ actions or proceedings,
e. nsuran.ce 1�€k:ri€� the tc zrn cif the Agreement,,both parties �a��€st maintain,
car
cause to be maintained, in iidl forest and effect and at their sale cast and expense, the following
types and lin-6ts of insurance:
i, odcer,s compensation insurance meeting applicable statutory
requirements and employer's liability insurance with €ninim.um limits of One Hundred
Thousand Dollars ($100,000.00) for each accident.
iii. Conaprehensive commercial general liability insurance with minimum
limits of One Million Dollars ( 1,000,000.00) as the combined. single lira. it for each
occurrence of bodily ii1jury, personal injury and property damage.
i v. All policies other than those for Worker -s Compensation shall be written
on an occurrence and not on a "claims made" basis.
V, T'he coverage arzaounts set forth above may be met by a combination of
€ nderlying and rarnbrella policies so long as in combination the limits equal or exceed
Hoose stated.
i.
Named Insureds,: All policies, except for workers compensation policies, shall
naine City and all € f their associated, affiliated, allied and subsidiary entities, now existing or
hereafter created, and their 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 miother 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.-
0cee c � -Insurance: e; i' shall file certificates of insurance ter eac h
insurance policy required to be obtained in compliance with this paragraph, along with Written
evidence of payment of required premiums with the City amivally during the term of the
Ag eemc..rrt. City shall finmediateiv advise TAAC of any claim or litigation that may result in
liability tca 'VA AC. T AAC: shall immediately advise City of any claim or litigation that may
result its liability to CO.
il. Cancellation of Policies of Insurance: 'TAA.C's insurance policies maintained
pursuant to this Agreement shall. contain the following endorsement:
At least sixty (60) days pricer written notice shall be given to City
by the insurer of any intention not to renew such policy or to
cancel, replace; or r. aterially alter sarne, such notice to be given by
registered rnail to the parties .riame°d in this paragraph of the
Agreement,"
1 , Sel;C Insurance; 'l"lie City's insurance requirements set forth herein may be
smi Pied by a Self insurance program that complies with all laws and regulations governing self
Ulsurallce.
13. Noticqs, Except as otherwise provided for in this Agreement to the contrary, all
notices, demands and ether communications required or contemplated to be given under this
Agyeer iQw slia.11 be in writing and shall be dclavered either by (i) postage prepaid, Returned
Receipt Requested, Registered or Certified Mail, (ii) local or air courier messenger service, (iia)
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 frorn 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. (Y Boy 3006
221 W. Pine Street
Lack., CA, 94240
Fax 9 (209) 333-0162
Attn: `bony Goehring
If'to `l'AAC:", to: Twin Arbors Athletic; Club
1.4. Successors acrd Assigns. his Agreement shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns.
15. Ion -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 riot 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, 1 A C: and City represent that each, respectively, has fall right., power, and
authoOty to execute this Agreement.
b. This Agreement ent constitutes the entire agreement and understanding of the parties
and supersedes all offers, negotiations, and other agreenicants of any kind. There are no represen-
tations or understandings of any kind not sett forth herein. Any modification of or a endrvent to
this Agreie,n ent inust he in writing and executed by both parties.
This Agreement shall be construed in accordance with the laws of the. Mate 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,
11. Dixon Flynn
City Manager
F T A ES I
Sus,an J, Blackston
0tv Clerk
fated:
pproved as to Form,
D. Stephen Schwabauer
City Attomey
6
Dennis Kauffman
GeneralManager
RESOLUTION NO. 2004-64
.a*
•fir. + . 0.�1 �Irll
111
1 w
WHEREAS, the Parrs and Recreation Department currently provides a summer
swim league program to over 600 children; and
WHEREAS, this program continues to grow, with no additional facilities available
to expand the program; and
WHEREAS, City staff has had discussions with Twin Arbor Athletic Club for
several years to gain access to its pools in order to expand the program; and
WHEREAS, for a fourth year, staff was successful in gaining access, thereby
allowing an additional 100+ swimmers to participate in 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 meets and 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,
2004 to July 25, 2004.
Dated: April 7, 2004
I hereby certify that Resolution No. 2004-64 was passed and adopted by the Lodi
City Council in a regular meeting held April 7, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT; COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS -- None
SUSAN J. BLACKSTON
City Clerk