Loading...
HomeMy WebLinkAboutAgenda Report - April 16, 2003 E-13'k-11"I'll"Y OF LODI 111111111 i III i I iiii�iii III AGENDA TITLE: 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 June 2, 2003 to July 27, 2003 MEETING DATE: April 16, 2003 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 INFORMATIONThe 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 third 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 utitized for the p-agram and worked welIl, FUNDING; None R6:ja CC' City Attorney APPROVED� Roger Baltz Parks and Recreation Director H. Dixon Flynn -- City Manager 04102103 Memorandum of Understanding (Summer Swim League) TWS M=orum of Understanding ("Agreement") is entered into as of this _ day of 2003, by Spare Time Incorporated d.b.a. Twin Arbor Athletic Club, ("TAAC') and �ffi_E6'ry OF LODI, acting by and through its Parks and Recreation Department ("City"). MM Aa City operates an eight-week summer swim league at the City owned Enze Pool, Lodi High School Pool and Tokay High School Pool. Currently, the City has six teams, each comprised of over 100 participants, TAAC also operates swimming programs at its privately owned pool facllitie5 at 2.040 W, Coo hran .Edd, Lodi and 1900 S Hutchins Rd. Lodi. B . TAAC desires to organize a to to participate in the summer swim league again. City is, willing to pe. 't TAAC, to do so on a trial basi& However, in order to accommodate the sixth team, City requires the use of one or both of P'AC's pool facilities. Ag_ipatiom 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, 1 Fees/ReeruitWg _Prohibited- No fees, other than TAACs standard membership fee, shall be charged to any Dolphin team member. However, T like other to may accept donations and have draisers to solicit sponsorships. T shall not engage in any off-orts to recruit members during swim meets, T shall not recruit members of City teams and TAC; members who wish to retain their affiliation with a City team must not be pressured to join the TAAC team. However, TAAC�dll be permitted to inform its members that it is establishing a to to compete in the City's summer swim league and that T members may join T. C's team by signing up through the City's Parks and Recreation Department, 5. Term. 'rho term of this Agreement shall be from June 2"', 2003 to July 27"' 2003 unless otlier—wise terminated as provided herein. 6.Mainten Im-tenAMe. TAAC shall, at its own expense, maintain its premises 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. TC shall provide utility service to the premises at its sole cost a -ad I== 8, Attorne y . 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, 10. Inde L—mW!y and Lasurgae- . — — q - a. lade ication b 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 respecti-re officers, boards, employees, agents, attorneys, and contractors (hereinafter referred to el tjotIgg Coo ration and Each party must give the other prompt notice of the making of any cla=' or the commencement of any action, suit or other proceeding covered by the provisions of this parWaph. Nothing herein shall be deemed to prevent either party from cooperating Anth the other and participating in the defense of any litigation by Is own. counsel. HoNvewr, Indernnitor shaU pay all. reasonable expenses incurred by Indernnitees iYa 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 tendered by Inde tees' attomey, and the actual reasonable expenses of Indemaitees' agents, employees or expert vftesses, and disbursements and liabilities assumed by Indemnitees in connection with such suits, actioms-or proceedings but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Indemnitees by Indemnitor. fa Ln�uraqc � During the term of the A regiment, both parties must miintain, or _q. g cause to be maintaiae& 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 minimura limits of One Hundred Thousand Dollars ($100,000-00) for each accident, iiL Comprehensive commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000,00) as the combined single limit for each occuiTence of bodily iia y, �Tsonal injury and property damage. ivAll policies other than those for Worker's Compensation shall be written on an occurrence and not on a "clairns 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, 9. N�EL agdinsureds. All policies, except for workers compensation policies, shall name City and all of 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 her�under, shall contain cross -liability wording, as Mows-, "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 claun is or may be made in the same manner as if separate- policies had been issued to each insured hereunder," 11, Evidence of Insurance: TA AC shall file certificates of insurance for each insurance pOliCy req fired to be obtained in compliance with this paragraph, along with written evidence of payment, of required premiums with the City, amuaHy during the term of thc" Agreement, City ,shad immediately advise TAA of any claim or litigation that may result in liability to TAAC. TAAC shall immediately advise City of any claim or litigation that may result in liability to City, i.C4pceJlati9_q_pf Policies of surance. 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 City by the insurer of any intention not to renew such policy or to cancel, replace or ranterially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Agreement." j. -Splf-Insurange: The City's insurance requin,-ments set forth heroin may be satis.fied by a self insurance program that complies with all laws and regulations over self insurancee 13. latices. Except as othemdse provided for in this Agreement to the contrary, all notices, demands and. other ccs .cations 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 party or parties for whom intended at the address shown below or such other address as the intended recipient previously shall have &,signated by written notice ftern 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, Dept P, 0. Box '3006 221 W. Pine Street Lod� CA 94240 Fax # (209) 333-0162 Attn: Roger Baltz If to TAAC, to. Twin Arbors Athletic Club 15. ai_iccgsgjQrEjqd__A_s_sig_tom. 'Mis Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 1YJq __n-W4jyor, Failure of either party to insist on strict performance of any of the co aditiom, coven= s, terms or provisions ofthisAgreeme.ut or to exercise any J. 11 -s rights here- under shall not waive such rights, but either party shall have the right to enfor-ce such rights at aaio might be lavyfd' or authorized herounder, either in 'taw or ecfjity° y t�rnc and +ak-e such act a as I 1TX11iscefilaneous. a, TAAC and City represent that each, respectively, has fidl right, power, and authorilty to execute thisAgree. ment. b. This Agreement constitutes the entire agreement and understanding of the parties and supersedes aild offers, negotiations, and other agreements of any kind- There are no represen- tations or understandings of any kind not set Ibrth herein. Any modifleation of or amendment to this Agreement nrast be in wri�mgg and excc-ated by both parties. This Agreement shall be constnied in accordance with the laws of the State of MMMMM 'Phis Agreement was executed as oft e date firs', set forth- above and effective as oft e date set faith in introduction above. CT ITY 0117 LODDL a muWcilpal corporation H, DIXON FLYNN City Manager ATTEST. SUSAN J. BLACKSTC. N city cler.i APPROVE AS TO FORM: A —A ITI&M"LL AX, I. 8 C-AILY Aftornoy TWINT ARBORS XFIILETIC CCDM FNINIS KAUFNAAN