HomeMy WebLinkAbout2016 CON National School District - Swim LessionsAGREEMENT TO PROVIDE SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NATIONAL SCHOOL DISTRICT
THIS AGREEMENT TO PROVIDE SERVICES ("AGREEMENT") is granted to
National School District, a local government organization (the "APPLICANT'') by the CITY OF
NATIONAL CITY, a municipal corporation (the "CITY") on this 8th day of August, 2016.
RECITALS
WHEREAS, the APPLICANT wants third grade students attending APPLICANTS
schools to take swim lessons.
WHEREAS, the CITY has a swim lesson program offered at Las Palmas Park, operated
by MediFit Community Services, LLC. Las Palmas Park and its pool are located at 1800 East
22nd Street, National City, CA, 91950 (collectively, the PREMISES).
WHEREAS, the APPLICANT agrees to pay the CITY $40,000 for APPLICANT's third
grade students to participate in swim lessons.
WHEREAS, the APPLICANT agrees that each participant will complete a registration
form and waiver of liability, which includes the pool policies, as shown in Exhibit A.
NOW, THEREFORE, THE APPLICANT AGREES THE FOLLOWING TERMS
GOVERN THEIR USE OF THE PREMISES AND PARTICIPATION IN SWIM LESSONS:
1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This
AGREEMENT will become effective on August 8, 2016. The duration of this AGREEMENT is
for the period of August 8, 2016 through January 31, 2017.
2. SWIM LESSON PROGRAM AND SCHEDULE. Third grade students
attending within APPLICANTS schools will participate in a swim lesson program that consists
of four (4) swim lessons; each lesson will be (1) hour in length and held at the PREMISES. The
structure and management of swim lessons shall be at the sole discretion of the CITY. The
proposed schedule for swim lessons, as shown in Exhibit B, may be changed upon mutual
agreement. The CITY may cancel swim lessons due to thunder, lightning or unsafe conditions
and will reschedule canceled swim lessons at a later date. Canceled swim lessons will be
rescheduled based on availability. If the APPLICANT cancels a swim lesson, the swim lesson
shall not be rescheduled.
3. FEES, INVOICING & PAYMENT. The APPLICANT shall pay the CITY
$40,000 for APPLICANT'S third grade students to participate in the swim lesson program. The
City will invoice the APPLICANT for the full amount after the AGREEMENT has been
executed. The APPLICANT shall remit payment thirty (30) days after receipt of invoice.
4. AGREEMENT COORDINATION AND CONTACT. Audrey Denham hereby
is designated as the AGREEMENT Coordinator for the CITY and will monitor the use of the
PREMISES and compliance with this AGREEMENT. The APPLICANT shall assign a single
point of contact to provide supervision and have overall responsibility for the use of the
PREMISES and compliance with this AGREEMENT for the APPLICANT. Cindy Vasquez
thereby is designated as the Point of Contact for the APPLICANT.
5. CONTROL. While APPLICANT'S students are at the PREMISES,
APPLICANT shall be responsible for their conduct and behavior. APPLICANT will be
responsible for enforcing its rules of conduct upon its students. If students fail to comply with
swim instructors during swim lessons, they may be ejected from the lesson by the CITY. The
APPLICANT'S students shall comply with all pool policies listed on the registration form and
waiver of liability.
6. COMPLIANCE WITH APPLICABLE LAW. The APPLICANT, in the use of
the Premises as allowed by this AGREEMENT, shall comply with all applicable state and federal
statutes and regulations, and all applicable ordinances, rules, and regulations of the City of
National City, whether now in force or subsequently enacted.
7. WAIVER OF LIABILITY BY PARTICIPANTS. The APPLICANT agrees to
have participants sign a registration form and waiver of liability, which includes the pool polices,
a sample of which is attached as Exhibit A, specifically waiving any liability against the City of
National City, MediFit Community Services, LLC, and the APPLICANT and each of its officers,
officials, agents, and employees.
8. NON-DISCRIMINATION PROVISIONS. The APPLICANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The APPLICANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The APPLICANT agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by the CITY
setting forth the provisions of this non-discrimination clause.
9. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT agrees to
defend, indemnify and hold harmless the City of National City and MediFit Community Services,
LLC, and each of their respective officers, officials, agents, volunteers and employees, against
and from any and all liability, loss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and
defense costs, of any kind or nature, including workers' compensation claims, of or by anyone
whomsoever, resulting from or arising out of the use of public property or the activity(ies) taken
under this AGREEMENT, including but not limited to any of the swimming lessons at the
PREMISES as described in this AGREEMENT; provided, however, that this indemnification
Program Agreement - Swim Lessons at Las Palmas Pool 2 City of National City and
August 2016 National School District
and hold harmless shall not include any claims or liability arising from the established sole
negligence or willful misconduct of the City, its agents, officers, or employees. CITY will
cooperate reasonably in the defense of any action, and APPLICANT shall employ competent
counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall survive the
termination of this AGREEMENT for any alleged or actual omission, act, or negligence under
this AGREEMENT that occurred during the term of this AGREEMENT.
10. WORKERS' COMPENSATION. The APPLICANT shall comply with all of
the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and MediFit Community Services, LLC, and its officers,
and employees from and against all claims, demands, payments, suits, actions, proceedings, and
judgments of every nature and description, including reasonable attorney's fees and defense costs
presented, brought or recovered against the CITY and MediFit Community Services, LLC, or its
officers, employees, or volunteers, for or on account of any liability under any of said acts which
may be incurred by reason of any work to be performed by the APPLICANT under this
AGREEMENT.
11. INSURANCE. The APPLICANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBAPPLICANT(S), when applicable, to purchase and
maintain throughout the term of this AGREEMENT, the following insurance policies:
A. Automobile Insurance covering all bodily injury and property damage
incurred during the term of this AGREEMENT, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and
employees as additional insureds, and a separate additional insured endorsement shall be
provided.
B. Commercial General Liability Insurance, with minimum limits of
$5,000,000 per occurrence and $10,000,000 in aggregate, covering all bodily injury and property
damage arising out of its operations, work, or performance under this AGREEMENT. The policy
shall name the CITY and its officers, agents, employees and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location". The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
C. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of APPLICANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of AGREEMENT.
If APPLICANT has no employees subject to the California Workers'
Compensation and Labor laws, APPLICANT shall execute a Declaration to that effect. Said
Declaration shall be provided to APPLICANT by CITY.
Program Agreement — Swim Lessons at Las Palmas Pool 3 City of National City and
August 2016 National School District
D. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall
not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
E. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the APPLICANT shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must
be on or before the date of this AGREEMENT.
F. Insurance shall be written with only California admitted companies that
hold a current policy holder's alphabetic and financial size category rating of not less than A:VII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
G. This AGREEMENT shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with and
approved by the CITY'S Risk Manager. If the APPLICANT does not keep all of such insurance
policies in full force and effect at all times during the terms of this AGREEMENT, the CITY
may elect to treat the failure to maintain the requisite insurance as a breach of this
AGREEMENT and terminate the AGREEMENT as provided herein.
H. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
12. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this AGREEMENT,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all costs
and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
13. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
AGREEMENT, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of,
or relating to, this AGREEMENT, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
Program Agreement — Swim Lessons at Las Palmas Pool 4 City of National City and
August 2016 National School District
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
14. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY:
Leslie Deese
City Manager
City Manager's Office
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To APPLICANT: Paula Jameson -Whitney
Assistant Superintendent
Educational Services
National School District
1500 N Avenue
National City, CA 91950
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
15. ASSUMPTION OF RISK. It is expressly understood and agreed that the
APPLICANT assumes all risk for loss, damage, liability, injury, cost or expense that may arise
during or be caused in any way by APPLICANT's use or occupancy of the PREMISES.
Program Agreement — Swim Lessons at Las Palmas Pool 5 City of National City and
August 2016 National School District
The APPLICANT further agrees that in consideration of being permitted the use
of the PREMISES, they will save and hold harmless the said City of National City, its officers,
agents, employees, and volunteers from any loss, claims, and liability damages, and/or injuries to
persons and property that in any way may be caused by the applicant's use or occupancy.
The APPLICANT will abide by the regulations governing said PREMISES and
agree to abide by all City of National City ordinances and rules and policies of the PREMISES.
The APPLICANT is responsible for any damage/loss sustained by the ground, building, furniture
or equipment or unusual clean up occurring through the occupancy of said PREMISES.
16. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this AGREEMENT is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next business day which
is not a Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This AGREEMENT may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this AGREEMENT are solely for the convenience of the parties hereto, are not a part of this
AGREEMENT, and shall not be used for the interpretation or determination of the validity of
this AGREEMENT or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this AGREEMENT shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits or
schedules or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this AGREEMENT, the terms and conditions of this AGREEMENT shall control.
F. Amendment to this Agreement. The terms of this AGREEMENT may not
be modified or amended except by an instrument in writing executed by each of the parties
hereto.
G. Waiver. The waiver or failure to enforce any provision of this
AGREEMENT shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This AGREEMENT shall be governed by and construed
in accordance with the laws of the State of California.
1. Audit. This AGREEMENT may be subject to the examination and audit
of the State Auditor for a period of three (3) years after final payment under the AGREEMENT,
per Government Code Section 8546.7.
J. Entire Agreement. This AGREEMENT supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
Program Agreement — Swim Lessons at Las Palmas Pool 6 City of National City and
August 2016 National School District
K. Successors and Assigns. This AGREEMENT shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
L. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this AGREEMENT, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors as
such party has deemed appropriate, relative to any and all matters contemplated under this
AGREEMENT, (iv) each party and such party's counsel and advisors have reviewed this
AGREEMENT, (v) each party has agreed to enter into this AGREEMENT following such review
and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities
are to be resolved against the drafting party shall not apply in the interpretation of this
AGREEMENT, or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the
date and year first above written.
CITY OF NATIONAL CITY
By �..�
Leslie Deese, City Manager
APPROVED AS TO FOR ►i :
a Gacitua
City Attu rney
NATIONAL SCHOOL DISTRICT
(Corporation — signatures of two corporate officers required)
(Partnership or Sole proprietorship — one signature)
By:
Ala elan ^b)1 h'u,t0
(Print)
t )WCQ 1tN L
(Title) � l(
By:
(Name)
(Print)
(Title)
Program Agreement — Swim Lessons at Las Palmas Pool 7 City of National City and
August 2016 National School District
Exhibit A
National School District
Learn to Swim Registration Form
Las Palmas .Pool
NATIONAL CITY • CA
Participants Full Name (Last, First)
Date of Birth
Address
Primary Phone #
E-mail
Emergency Contact
Relationship
Student I 1 Teacher
Emergency Phone #
Waiver of Liability and Assumption of Risk.
With respect to my child(ren)'s voluntary use of the Las Palmas Pool and its facilities (the `Pool"), managed by MediFit
Community Services LLC, 1 understand that, as a guest of the Pool, there may be health risks associated with activities
requiring physical exertion and/or aquatics, including but not limited to: transient dizziness, fainting, nausea, muscle
cramping, musculoskeletal injury, sprains and strains, heart attack, stroke, drowning or death. I certify my child(ren)
is/are capable of performing the exercises and activities associated with the use of the Pool, and I hereby agree to
assume on behalf of myself and my child(ren) all risk of utilizing the Pool. I agree on behalf of myself, my child(ren),
our heirs, distributes, guardians, legal representatives, and assigns, (collectively, the "Releasing Party"), to waive,
release, discharge, and hold harmless MediFit Community Services LLC ("Medifit"), City of National City ("City"),
National School District ("NSD"), and each of their respective subsidiaries, affiliates, directors, officers, employees,
agents, volunteers, contractors, and sponsors, and other participants, from any and all claims, liability, damages, suits,
losses, or related causes of action for damages, including but not limited to daims that may result from any injury,
death, or damage, accidental or otherwise, during, or arising in any way from my child(ren)'s use of the Pool. I hereby
agree on behalf of the Releasing Party to indemnify the persons and entities mentioned above from any and all claims,
liability, damages, suits, losses, or related causes of action for damages, present or future, which may be incurred as
a result of death, injury, or property damage that my child(ren) may sustain while participating in any activities at the
Las Palmas Pool facilities. I hereby agree that the Releasing Party will not make a claim against, sue or prosecute
MediFit, City, or NSD, induding each of their respective subsidiaries, affiliates, directors, officers, employees, agents,
volunteers, contractors, and sponsors, for injury, death, or damage arising out of the negligent, intentional, or other
acts, howsoever caused, by MediFit, City, or NSD, or their respective subsidiaries, affiliates, directors, officers,
employees, agents, volunteers, contractors, sponsors, and other participants, as a result of or related to my child(ren)'s
participation in the Pool activities.
I hereby consent that my child(ren) participate in the Pool activities and I hereby execute this Waiver of Liability and
Assumption of Risk on behalf of the Releasing Party. 1 have carefully read this Waiver of Liability and Assumption of
Risk and by signing below and on behalf of my minor child(ren), I acknowledge that I fully understand its contents. I
am aware that this is a release of liability and a contract between the City of National City and me and 1 sign it of my
free will. I further understand that no medical insurance is provided.
Print Parent's full name:
Date
Parent Signature
White Copy LPP
Las Palmas Pool • 1800 E 22nd St. • National Oty • CA • 91950 • 619-336-6758 Yellow Copy. Participant
Exhibit A
Las Palmas Pool Policies
Please adhere to the following to assure a pleasant experience for everyone
1. Las Palmas Pool is available at a preferred rate for residents of National City.
2. Photo I.D. and Completion of guest registration is required prior for participation.
3. All patrons under the age of 14 must have direct parent/guardian supervision over the age of 18.
4. Children ages 6 and under must be accompanied in the water by a parent within arm's reach at all times or in a coast guard
approved flotation device. Children wearing coast guard approved flotation devices must have a parent directly supervising them
at all times.
5. For your safety, all patrons under the age of 18, will be required to complete a swim test* in order to swim in the deep end. Any
patron under the age of 18 who cannot successfully complete the swim test will be required to provide a coast guard approved life
jacket if they wish to swim in the deep end. The swim test will consist of the following:
- 20 meter swim without stopping
- 1 minute of treading water without stopping
6. Youth ages 14-17 must complete a swim test and Youth Swim orientation/agreement*.
7. Outside instructors are not allowed. All instruction is to be given only by Las Palmas Pool staff.
8. Disposable swim diapers and plastic pants are required for children under the age of 3 or those who are not toilet trained.
9. Please wear appropriate swim attire. Street clothes are not permitted.
10. Water toys including balls, noodles, etc. are not permitted in the pool
11. For your safety, prolonged breath holding and hypoxic training are not permitted at Las Palmas Pool
12. Lap Lanes are reserved for lap swimming only. During busy hours, sharing lanes and circle swimming will be required.
13. Only US Coast Guard approved flotation devices are permitted in the pool.
14. Families must provide proof of age upon registration for Las Palmas Pool programs.
15. All patrons must shower prior to using the pools. This helps keep the pools dean for everyone.
16. The Las Palmas Pool is a family friendly facility. The following are prohibited on Las Palmas Pool property: Diving, Dangerous
jumps, roughhousing, glass of any kind, Alcohol, Animals (unless service -certified), skateboards, profanity, and/or excessive
displays of public affection.
17. Please respect our pool equipment and ensure it is used properly and put away after use.
18. The lifeguards are here for your safety and have the final authority. Failure to abide by the Las Palmas Pod policies may result
in removal from the pool.
19. Food is only permitted in designated areas and is not permitted in the water.
20. For your safety and the safety of others, any patron believed to be under the influence of drugs or alcohol will be asked to
leave the Las Palmas Pool property.
21. Kickboards and pull buoys are for lap swim only.
22. Children ages 5 and older must use their gender specific locker rooms to change. A family changing room is located on the
pool deck for your convenience.
23. Please report any suspicious activity or patrons immediately to a Las Palmas Pool staff member.
24. The water slide may only be used under direct supervision from a Las Palmas Pool staff member. Slide riders must abide by
the following requirements:
- All riders must be at least 48 inches tall
- Slide down feet first on your back
- Goggles, bathing suits with rivets and lifejackets are not permitted on the slide
- Standing, spinning or other dangerous behavior will not be tolerated.
*swim tests and youth orientations are offered on certain days/times.
Please check our pool schedule
CALiFONNIA
NATIONAL CM,
3jj
EXHIBIT B
Lessons are one hour each, one day a week for four weeks. Pool is available for use on Mondays,
Wednesdays, and Fridays. Times are 9:30-10:30, 10:30-11:30, and 11:30-12:30.
ET
Entzminger-Ma
9:30-10:30
8/8
8/15
8/22
8/29
ET
Carrillo
10:30-11:30
8/8
8/15
8/22
8/29
ET
Dang-Hagler
11:30-12:30
8/8
8/15
8/22
8/29
RN
Duenas
9:30-10:30
8/10
8/17
8/24
8/31
RN
Sterner
10:30-11:30
8/10
8/17
8/24
8/31
RN
Gonzalez
9:30-10:30
8/12
8/19
8/26
9/2
RN
Special Ed Gr 3
11:30-12:30
8/10
8/17
8/24
8/31
IH
Clarken
10:30-11:30
8/12
8/19
8/26
9/2
IH
Porter
11:30-12:30
8/12
8/19
8/26
9/2
111
Sanchez
9:30-10:30
10/10
10/17
10/24
10/31
IH
Camba-Jones
10:30-11:30
10/10
10/17
10/24
10/31
LA
Colangelo
11:30-12:30
10/10
10/17
10/24
10/31
LA
Craven
9:30-10:30
10/5
10/12
10/19
10/26
LA
Eisenbeisz
10:30-11:30
10/5
10/12
10/19
10/26
LA
Special Ed Gr 3
9:30-10:30
10/7
10/14
10/21
10/28
LP
Villavicencio
9:30-10:30
9/12
9/19
9/26
10/3
LP
Jordan
10:30-11:30
9/12
9/19
9/26
10/3
LP
Kahle
9:30-10:30
9/9
9/16
9/23
9/30
LP
Garaicoa
10:30-11:30
9/9
9/16
9/23
9/30
LP
Special Ed Gr 3
9:30-10:30
10/7
10/14
10/21
10/28
KM
Buttell-Maxin
9:30-10:30
9/7
9/14
9/21
9/28
KM
Smith
10:30-11:30
9/7
9/14
9/21
9/28
OW
Reyes
11:30-12:30
9/7
9/14
9/21
9/28
OW
Rosas
11:30-12:30
9/9
9/16
9/23
9/30
OW
Kmet-Moran
11:30-12:30
9/12
9/19
9/26
10/3
OW
Robles -Cho
11:30-12:30
10/5
10/12
10/19
10/26
OT
Hartley
10:30-11:30
10/7
10/14
10/21
10/28
OT
Cortazar
11:30-12:30
10/7
10/14
10/21
10/28
OT
Van
9:30-10:30
11/4
11/18
12/2
12/9
PW
Vo
10:30-11:30
11/4
11/18
12/2
12/9
PW
Peterman
11:30-12:30
11/4
11/18
12/2
12/9
PW
Payumo
9:30-10:30
11/2
11/9
11/16
11/30
PW
Lachi
10:30-11:30
11/2
11/9
11/16
11/30
CN
Howard
9:30-10:30
11/7
11/14
11/28
12/5
CN
Arancibia
10:30-11:30
11/7
11/14
11/28
12/5
CN
Lathers
11:30-12:30
11/7
11/14
11/28
12/5
CN
Dechir
11:30-12:30
11/2
11/9
11/16
11/30
CN
Special Ed Gr 3
11:30-12:30
8/10
8/17
8/24
8/31
Program Agreement — Swim Lessons at Las Pahnas Pool 10
August 2016
City of National City and
National School District
Southern California ReLiEF CERTIFICATE OF COVERAGE
Protected Insurance Program for Schools
Issue Date
7/21/2016
ADMINISTRATOR: LICENSE # 0451271
Keenan & Associates
901 Calle Amanecer, #200
San Clemente, CA 92673
949-940-1760
www.keenan.com
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
ENTITY A: Southern California ReLiEF
ENTITY B: Protected Insurance Program for Schools
ENTITY C:
ENTITY D:
ENTITY E:
COVERED PARTY:
National School District
1500 N Avenue
National City CA 91950
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE 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 COVERAGE
AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
ENT
LTR
TYPE OF COVERAGE
COVERAGE
DOCUMENTS
EFFECTIVE/
EXPIRATION DATE
MEMBER
RETAINED LIMIT
/ DEDUCTIBLE
LIMITS
A
GENERAL
[ (GENERAL
[
[ ✓GOVERNMENT
[ y
[]
LIABILITY
LIABILITY
CLAIMS MADE (i) OCCURRENCE
CODES
ERRORS & OMISSIONS
SCR 01712-01
7/1/2016
7/1/2017
$ 5,000
COMBINED SINGLE LIMIT EACH OCCURRENCE
$ 5,000,000
A
AUTOMOBILE
[//ANYAUTO
[ y
[ (
[ /GARAGE
[ Vr
LIABILITY
HIRED AUTO
NON -OWNED AUTO
LIABILITY
AUTO PHYSICAL DAMAGE
SCR01712-01
7/1/2016
7/1/2017
$ 5,000
COMBINED SINGLE LIMIT EACH OCCURRENCE
$ 1,000,000
A
PROPERTYl
[ V
[ ✓EXCLUDES
[ ]
ALLRISK
EARTHQUAKE & FLOOD
BUILDER'S RISK
SCR 01712-01
7/1/2016
7/1/2017
$ 5,000
$ 250,250,000
EACH OCCURRENCE
A
STUDENT PROFESSIONAL LIABILITY
SCR 01712-01
7/1/2016
7/1/2017
$ 5,000
$ Included
EACH OCCURRENCE
B
WORKERS COMPENSATION
[ A EMPLOYERS' LIABILITY
PIPS4172
7/1/2016
7/1/2017
$
[ ] WC STATUTORY LIMITS [ A OTHER
$ 1,000,000
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EACH EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMITS
EXCESS WORKERS COMPENSATION
[ ] EMPLOYERS' LIABILITY
$
OTHER
$
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL PROVISIONS:
As respects to the use of Las Palmas Swimming Pool facilities.
$10,000,000 annual aggregate, as required by contract.
CERTIFICATE HOLDER:
Cityof National CityWILL
1243 National City Blvd.
National City CA 91950-4301
CANCELLATION SHOULD
CANCELED BEFORE THE
ENDEAVOR TO MAIL
HOLDER NAMED TO THE
IMPOSE NO OBLIGATION
AGENTS OR REPRESENTATIVES.
ANY OF THE ABOVE
EXPIRATION DATE
DAYS WRITTEN
DESCRIBED COVERAGES BE
THEREOF, THE ISSUING ENTITY/JPA
NOTICE TO THE CERTIFICATE
TO MAIL SUCH NOTICE SHALL
KIND UPON THE ENTITY/JPA, ITS
LEFT, BUT FAILURE
OR LIABILITY OF ANY
John Stephens AUTHORIZED REPRESENTATIVE
wwweOulsOnimecam
31020691 I NATIOSCH 116/17 Super Pool Higher Limits I Leigh Steudler 17/21/2016 12:40:16 PM (PDT) 1 Page 1 of 3
DISCLAIMER
The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing
entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the coverage documents listed thereon.
ecedsOnlinea,m
31020691 I NATIOSCH 116/17 Super Pool Higher Limits I Leigh Steudler 17/21/2016 12:40:16 PM (PDT) I Page 2 of 3
ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERED PARTY
National School District
COVERAGE DOCUMENT
SCR 01712-01
ADMINISTRATOR
Keenan & Associates
Subject to all its terms, conditions, exclusions, and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the following
entity but only as respects to liability arising directly from the actions and activities of the
covered party described under "as respects" below.
Additional Covered Party:
City of National City
1243 National City Blvd.
National City CA 91950-4301
As Respects:
As respects to the use of Las Palmas Swimming Pool facilities. $10,000,000 annual aggregate, as required by
contract.
The City of National City, its elected officials, officers, agents, employees, and volunteers are named as
Additional Covered Parties.
Authorized Representative
Issue Date: 7/21/2016
31020691 I NATIOSCH 116/17 Super Pool Higher Limits I Leigh Steudler 17/21/2016 12:40:16 PM (PDT) I Page 3 of 3
RESOLUTION NO. 2016 — 108
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL
DISTRICT TO PROVIDE SWIM LESSONS FOR THIRD GRADE STUDENTS
AT LAS PALMAS POOL FROM AUGUST 8, 2016 THROUGH
JANUARY 31, 2017 FOR THE AMOUNT OF $40,000
WHEREAS, last year, the National School District ("NSD") reestablished its third
grade swim lesson program as a component of the NSD Wellness Policy; and
WHEREAS, due to the closure of National City's Las Palmas Pool, NSD
contracted with the Jackie Robinson YMCA to provide swim lessons for the 2015 — 2016 school
year; and
WHEREAS, with the reopening of Las Palmas Pool, NSD seeks to relocate the
swim lesson program to National City for the 2016-2017 school year and enter into an
Agreement with the City of National City in the amount of $40,000 to provide NSD third grade
students four one -hour swim lessons; and
WHEREAS, the use of the Las Palmas Pool for such a program is consistent with
the current programmatic objectives established by the City and its current facility operator,
MediFit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Manager to execute an Agreement between the City of
National City and National School District to provide swim lessons for third grade students at Las
Palmas Pool for the amount of $40,000.
PASSED and ADOPTED this 2' day of August, 2016
Morrison, Mayor
ATTEST:
Michael R. Dalla, Ci Clerk
OVE I AS O FORM
C audia Gacitua ilva
City Attor ey
Passed and adopted by the Council of the City of National City, California, on August 2,
2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
1t
9
City CI rk of the Ci y o/National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-108 of the City of National City, California, passed and
adopted by the Council of said City on August 2, 2016.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA C o ' C - 3 3
COUNCIL AGENDA STATEMENT
MEETING DATE: August 2, 2016
AGENDA ITEM NO. 8
TEM TITLE:
Resolution of the City Council of the City of National City authorizing the City Manager to execute an
Agreement, between the City of National City and National School District, to provide swim lessons for
third grade students at Las Palmas Pool; for the period August 8, 2016 through January 31, 2017 in the
amount of $40,000. (Community Services)
PREPARED BY: Audrey Denham DEPARTMENT: Communit -• ees-,,
PHONE: 619-336-4243 APPROVED BY
EXPLANATION:
Last year, the National School District (NSD) reestablished its third grade swim lesson program as a
component of the NSD Wellness Policy. Due to the closure of Las Palmas, the City of National City's
municipal pool, the NSD contracted with the Jackie Robinson YMCA to provide swim lessons for the
2015-2016 school year. With the reopening of Las Palmas Pool, the NSD seeks to relocate the swim
lesson program to National City for the 2016-2017 school year. Should the City Council authorize the
execution of this agreement, NSD third grade students will receive four swim lessons; each lesson will
be one hour in duration. The use of the Las Palmas Pool for such a program is consistent with the
current programmatic objectives established by the City and its current facility operator, MediFit.
The term of the Agreement is August 8, 2016 through January 31, 2017. Based on the NSD third grade
enrollment level for the school year and the current City Council approved fee schedule, the City will
3ceive $40,000 in revenue from this Agreement. Revenues generated from this Agreement will offset
the cost to provide the program.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
001-41000-3574 (Swimming Pool Revenue) $40,000
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the resolution authorizing the City Manager to execute an Agreement, between the City of
National City and National School District, to provide swim lessons for third grade students at Las
Palmas Pool for the period August 8, 2016 through January 31, 2017.
BOARD / COMMISSION RECOMMENDATION:
N/A
TTACHMENTS:
r1. Agreement
LA,v�tou Na rdao9,
AGREEMENT TO PROVIDE SERVICES
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NATIONAL SCHOOL DISTRICT
THIS AGREEMENT TO PROVIDE SERVICES ("AGREEMENT") is granted to
National School District, a local government organization (the "APPLICANT") by the CITY OF
NATIONAL CITY, a municipal corporation (the "CITY") on this 8th day of August, 2016.
RECITALS
WHEREAS, the APPLICANT wants third grade students attending APPLICANTS
schools to take swim lessons.
WHEREAS, the CITY has a swim lesson program offered at Las Palmas Park, operated
by MediFit Community Services, LLC. Las Palmas Park and its pool are located at 1800 East
22nd Street, National City, CA, 91950 (collectively, the PREMISES).
WHEREAS, the APPLICANT agrees to pay the CITY $40,000 for APPLICANT's third
grade students to participate in swim lessons.
WHEREAS, the APPLICANT agrees that each participant will complete a registration
form and waiver of liability, which includes the pool policies, as shown in Exhibit A.
NOW, THEREFORE, THE APPLICANT AGREES THE FOLLOWING TERMS
GOVERN THEIR USE OF THE PREMISES AND PARTICIPATION IN SWIM LESSONS:
1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This
AGREEMENT will become effective on August 8, 2016. The duration of this AGREEMENT is
for the period of August 8, 2016 through January 31, 2017.
2. SWIM LESSON PROGRAM AND SCHEDULE. Third grade students
attending within APPLICANTS schools will participate in a swim lesson program that consists
of four (4) swim lessons; each lesson will be (1) hour in length and held at the PREMISES. The
structure and management of swim lessons shall be at the sole discretion of the CITY. The
proposed schedule for swim lessons, as shown in Exhibit B, may be changed upon mutual
agreement. The CITY may cancel swim lessons due to thunder, lightning or unsafe conditions
and will reschedule canceled swim lessons at a later date. Canceled swim lessons will be
rescheduled based on availability. If the APPLICANT cancels a swim lesson, the swim lesson
shall not be rescheduled.
3. FEES, INVOICING & PAYMENT. The APPLICANT shall pay the CITY
$40,000 for APPLICANT'S third grade students to participate in the swim lesson program. The
City will invoice the APPLICANT for the full amount after the AGREEMENT has been
executed. The APPLICANT shall remit payment thirty (30) days after receipt of invoice.
4. AGREEMENT COORDINATION AND CONTACT. Audrey Denham hereby
is designated as the AGREEMENT Coordinator for the CITY and will monitor the use of the
PREMISES and compliance with this AGREEMENT. The APPLICANT shall assign a single
point of contact to provide supervision and have overall responsibility for the use of the
PREMISES and compliance with this AGREEMENT for the APPLICANT. Cindy Vasquez
thereby is designated as the Point of Contact for the APPLICANT.
5. CONTROL. While APPLICANT'S students are at the PREMISES,
APPLICANT shall be responsible for their conduct and behavior. APPLICANT will be
responsible for enforcing its rules of conduct upon its students. If students fail to comply with
swim instructors during swim lessons, they may be ejected from the lesson by the CITY. The
APPLICANT'S students shall comply with all pool policies listed on the registration form and
waiver of liability.
6. COMPLIANCE WITH APPLICABLE LAW. The APPLICANT, in the use of
the Premises as allowed by this AGREEMENT, shall comply with all applicable state and federal
statutes and regulations, and all applicable ordinances, rules, and regulations of the City of
National City, whether now in force or subsequently enacted.
7. WAIVER OF LIABILITY BY PARTICIPANTS. The APPLICANT agrees to
have participants sign a registration form and waiver of liability, which includes the pool polices,
a sample of which is attached as Exhibit A, specifically waiving any liability against the City of
National City, MediFit Community Services, LLC, and the APPLICANT and each of its officers,
officials, agents, and employees.
8. NON-DISCRIMINATION PROVISIONS. The APPLICANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The APPLICANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The APPLICANT agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by the CITY
setting forth the provisions of this non-discrimination clause.
9. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT agrees to
defend, indemnify and hold harmless the City of National City and MediFit Community Services,
LLC, and each of their respective officers, officials, agents, volunteers and employees, against
and from any and all liability, loss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and
defense costs, of any kind or nature, including workers' compensation claims, of or by anyone
whomsoever, resulting from or arising out of the use of public property or the activity(ies) taken
under this AGREEMENT, including but not limited to any of the swimming lessons at the
PREMISES as described in this AGREEMENT; provided, however, that this indemnification
Program Agreement — Swim Lessons at Las Palmas Pool 2 City of National City and
August 2016 National School District
and hold harmless shall not include any claims or liability arising from the established sole
negligence or willful misconduct of the City, its agents, officers, or employees. CITY will
cooperate reasonably in the defense of any action, and APPLICANT shall employ competent
counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall survive the
termination of this AGREEMENT for any alleged or actual omission, act, or negligence under
this AGREEMENT that occurred during the term of this AGREEMENT.
10. WORKERS' COMPENSATION. The APPLICANT shall comply with all of
the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar State or federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and MediFit Community Services, LLC, and its officers,
and employees from and against all claims, demands, payments, suits, actions, proceedings, and
judgments of every nature and description, including reasonable attorney's fees and defense costs
presented, brought or recovered against the CITY and MediFit Community Services, LLC, or its
officers, employees, or volunteers, for or on account of any liability under any of said acts which
may be incurred by reason of any work to be performed by the APPLICANT under this
AGREEMENT.
11. INSURANCE. The APPLICANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SUBAPPLICANT(S), when applicable, to purchase and
maintain throughout the term of this AGREEMENT, the following insurance policies:
A. Automobile Insurance covering all bodily injury and property damage
incurred during the term of this AGREEMENT, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and
employees as additional insureds, and a separate additional insured endorsement shall be
provided.
B. Commercial General Liability Insurance, with minimum limits of
$5,000,000 per occurrence and $10,000,000 in aggregate, covering all bodily injury and property
damage arising out of its operations, work, or performance under this AGREEMENT. The policy
shall name the CITY and its officers, agents, employees and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location". The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
C. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of APPLICANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of AGREEMENT.
If APPLICANT has no employees subject to the California Workers'
Compensation and Labor laws, APPLICANT shall execute a Declaration to that effect. Said
Declaration shall be provided to APPLICANT by CITY.
Program Agreement — Swim Lessons at Las Palmas Pool 3 City of National City and
August 2016 National School District
D. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall
not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
E. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the APPLICANT shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must
be on or before the date of this AGREEMENT.
F. Insurance shall be written with only California admitted companies that
hold a current policy holder's alphabetic and financial size category rating of not less than A:VII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
G. This AGREEMENT shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with and
approved by the CITY' S Risk Manager. If the APPLICANT does not keep all of such insurance
policies in full force and effect at all times during the terms of this AGREEMENT, the CITY
may elect to treat the failure to maintain the requisite insurance as a breach of this
AGREEMENT and terminate the AGREEMENT as provided herein.
H. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
12. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this AGREEMENT,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all costs
and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
13. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
AGREEMENT, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of,
or relating to, this AGREEMENT, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
Program Agreement — Swim Lessons at Las Palmas Pool 4 City of National City and
August 2016 National School District
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
14. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY:
Leslie Deese
City Manager
City Manager's Office
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To APPLICANT: Paula Jameson -Whitney
Assistant Superintendent
Educational Services
National School District
1500 N Avenue
National City, CA 91950
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
15. ASSUMPTION OF RISK. It is expressly understood and agreed that the
APPLICANT assumes all risk for loss, damage, liability, injury, cost or expense that may arise
during or be caused in any way by APPLICANT's use or occupancy of the PREMISES.
Program Agreement — Swim Lessons at Las Palmas Pool
5 City of National City and
August 2016 National School District
The APPLICANT further agrees that in consideration of being permitted the use
of the PREMISES, they will save and hold harmless the said City of National City, its officers,
agents, employees, and volunteers from any loss, claims, and liability damages, and/or injuries to
persons and property that in any way may be caused by the applicant's use or occupancy.
The APPLICANT will abide by the regulations governing said PREMISES and
agree to abide by all City of National City ordinances and rules and policies of the PREMISES.
The APPLICANT is responsible for any damage/loss sustained by the ground, building, furniture
or equipment or unusual clean up occurring through the occupancy of said PREMISES.
16. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this AGREEMENT is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next business day which
is not a Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This AGREEMENT may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this AGREEMENT are solely for the convenience of the parties hereto, are not a part of this
AGREEMENT, and shall not be used for the interpretation or determination of the validity of
this AGREEMENT or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this AGREEMENT shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits or
schedules or provisions thereof conflict or are inconsistent with the terms and conditions
contained in this AGREEMENT, the terms and conditions of this AGREEMENT shall control.
F. Amendment to this Agreement. The terms of this AGREEMENT may not
be modified or amended except by an instrument in writing executed by each of the parties
hereto.
G. Waiver. The waiver or failure to enforce any provision of this
AGREEMENT shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This AGREEMENT shall be governed by and construed
in accordance with the laws of the State of California.
I. Audit. This AGREEMENT may be subject to the examination and audit
of the State Auditor for a period of three (3) years after final payment under the AGREEMENT,
per Government Code Section 8546.7.
J. Entire Agreement. This AGREEMENT supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
Program Agreement — Swim Lessons at Las Palmas Pool
6 City of National City and
August 2016 National School District
K. Successors and Assigns. This AGREEMENT shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
L. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this AGREEMENT, (iii) each such party has consulted with or has had the
opportunity to consult with its own, independent counsel and such other professional advisors as
such party has deemed appropriate, relative to any and all matters contemplated under this
AGREEMENT, (iv) each party and such party's counsel and advisors have reviewed this
AGREEMENT, (v) each party has agreed to enter into this AGREEMENT following such review
and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities
are to be resolved against the drafting party shall not apply in the interpretation of this
AGREEMENT, or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the
date and year first above written.
CITY OF NATIONAL CITY
By:
Leslie Deese, City Manager
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
NATIONAL SCHOOL DISTRICT
(Corporation — signatures of two corporate officers required)
(Partnership or Sole proprietorship — one signature)
By:
(Name
()Ala 'Ria)0AOh(k
(Print)
spFMucm-ilrY\61-
(Title) WV' Ca
By:
(Name)
(Print)
(Title)
Program Agreement — Swim Lessons at Las Palmas Pool 7 City of National City and
August 2016 National School District
Exhibit A
National School District
Learn to Swim Registration Form
Las Palmas
NATIONAL CITY • CA
Participants Full Name (Last, First)
Date of Birth
Address
Primary Phone #
E-mail
Emergency Contact
Relationship
Student ❑ Teacher
Emergency Phone #
Waiver of Liability and Assumption of Risk.
With respect to my child(ren)'s voluntary use of the Las Palmas Pool and its facilities (the 'Pool"), managed by MediFit
Community Services LLC, I understand that, as a guest of the Pool, there may be health risks associated with activities
requiring physical exertion and/or aquatics, including but not limited to: transient dizziness, fainting, nausea, muscle
cramping, musculoskeletal injury, sprains and strains, heart attack, stroke, drowning or death. I certify my child(ren)
is/are capable of performing the exercises and activities associated with the use of the Pool, and I hereby agree to
assume on behalf of myself and my child(ren) all risk of utilizing the Pool. I agree on behalf of myself, my child(ren),
our heirs, distributes, guardians, legal representatives, and assigns, (collectively, the "Releasing Party"), to waive,
release, discharge, and hold harmless MediFit Community Services LLC ("Medifit"), City of National City ("City"),
National School District ("NSD"), and each of their respective subsidiaries, affiliates, directors, officers, employees,
agents, volunteers, contractors, and sponsors, and other participants, from any and all claims, liability, damages, suits,
losses, or related causes of action for damages, including but not limited to daims that may result from any injury,
death, or damage, accidental or otherwise, during, or arising in any way from my child(ren)'s use of the Pool. I hereby
agree on behalf of the Releasing Party to indemnify the persons and entities mentioned above from any and all claims,
liability, damages, suits, losses, or related causes of action for damages, present or future, which may be incurred as
a result of death, injury, or property damage that my child(ren) may sustain while participating in any activities at the
Las Palmas Pool facilities. I hereby agree that the Releasing Party will not make a daim against, sue or prosecute
MediFit, City, or NSD, including each of their respective subsidiaries, affiliates, directors, officers, employees, agents,
volunteers, contractors, and sponsors, for injury, death, or damage arising out of the negligent, intentional, or other
acts, howsoever caused, by MediFit, City, or NSD, or their respective subsidiaries, affiliates, directors, officers,
employees, agents, volunteers, contractors, sponsors, and other participants, as a result of or related to my child(ren)'s
participation in the Pool activities.
I hereby consent that my child(ren) participate in the Pool activities and I hereby execute this Waiver of Liability and
Assumption of Risk on behalf of the Releasing Party. I have carefully read this Waiver of Liability and Assumption of
Risk and by signing below and on behalf of my minor child(ren), I acknowledge that I fully understand its contents. I
am aware that this is a release of liability and a contract between the City of National City and me and I sign it of my
free will. I further understand that no medical insurance is provided.
Print Parent's full name:
Date
Parent Signature
White Copy. LPP
Las Palmas Pool • 1800 E 22nd St. • National Cty • CA • 91950 • 619-336-6758 Yellow Copy: Participant
Exhibit A
Las Palmas Pool Policies
Please adhere to the following to assure a pleasant experience for everyone
1. Las Palmas Pool is available at a preferred rate for residents of National City.
2. Photo I.D. and Completion of guest registration is required prior for participation.
3. All patrons under the age of 14 must have direct parent/guardian supervision over the age of 18.
4. Children ages 6 and under must be accompanied in the water by a parent within arm's reach at all times or in a coast guard
approved flotation device. Children wearing coast guard approved flotation devices must have a parent directly supervising them
at all times.
5. For your safety, all patrons under the age of 18, will be required to complete a swim test* in order to swim in the deep end. Any
patron under the age of 18 who cannot successfully complete the swim test will be required to provide a coast guard approved life
jacket if they wish to swim in the deep end. The swim test will consist of the following:
- 20 meter swim without stopping
- 1 minute of treading water without stopping
6. Youth ages 14-17 must complete a swim test and Youth Swim orientation/agreement*.
7. Outside instructors are not allowed. All instruction is to be given only by Las Palmas Pool staff.
8. Disposable swim diapers and plastic pants are required for children under the age of 3 or those who are not toilet trained.
9. Please wear appropriate swim attire. Street clothes are not permitted.
10. Water toys including balls, noodles, etc. are not permitted in the pool
11. For your safety, prolonged breath holding and hypoxic training are not permitted at Las Palmas Pool
12. Lap Lanes are reserved for lap swimming only. During busy hours, sharing lanes and circle swimming will be required.
13. Only US Coast Guard approved flotation devices are permitted in the pool.
14. Families must provide proof of age upon registration for Las Palmas Pool programs.
15. All patrons must shower prior to using the pools. This helps keep the pools clean for everyone.
16. The Las Palmas Pool is a family friendly facility. The following are prohibited on Las Palmas Pool property: Diving, Dangerous
jumps, roughhousing, glass of any kind, Alcohol, Animals (unless service -certified), skateboards, profanity, and/or excessive
displays of public affection.
17. Please respect our pool equipment and ensure it is used properly and put away after use.
18. The lifeguards are here for your safety and have the final authority. Failure to abide by the Las Palmas Pool policies may result
in removal from the pool.
19. Food is only permitted in designated areas and is not permitted in the water.
20. For your safety and the safety of others, any patron believed to be under the influence of drugs or alcohol will be asked to
leave the Las Palmas Pool property.
21. IGckboards and pull buoys are for lap swim only.
22. Children ages 5 and older must use their gender specific locker rooms to change. A family changing room is located on the
pool deck for your convenience.
23. Please report any suspicious activity or patrons immediately to a Las Palmas Pool staff member.
24. The water slide may only be used under direct supervision from a Las Palmas Pool staff member. Slide riders must abide by
the following requirements:
- All riders must be at least 48 inches tall
- Slide down feet first on your back
- Goggles, bathing suits with rivets and lifejackets are not permitted on the slide
- Standing, spinning or other dangerous behavior will not be tolerated.
*swim tests and youth orientations are offered on certain days/times.
Please check our pool schedule
^- CALIFORNIA r
NATIONAL CITY
-Nrop�
EXHIBIT B
Lessons are one hour each, one day a week for four weeks. Pool is available for use on Mondays,
Wednesdays, and Fridays. Times are 9:30-10:30, 10:30-11:30, and 11:30-12:30.
ET
Entzminger-Ma
9:30-10:30
8/8
8/15
8/22
8/29
ET
Carrillo
10:30-11:30
8/8
8/15
8/22
8/29
ET
Dang-Hagler
11:30-12:30
8/8
8/15
8/22
8/29
RN
Duenas
9:30-10:30
8/10
8/17
8/24
8/31
RN
Sterner
10:30-11:30
8/10
8/17
8/24
8/31
RN
Gonzalez
9:30-10:30
8/12
8/19
8/26
9/2
RN
Special Ed Gr 3
11:30-12:30
8/10
8/17
8/24
8/31
IH
Clarken
10:30-11:30
8/12
8/19
8/26
9/2
IH
Porter
11:30-12:30
8/12
8/19
8/26
9/2
IH
Sanchez
9:30-10:30
10/10
10/17
10/24
10/31
IH
Camba-Jones
10:30-11:30
10/10
10/17
10/24
10/31
LA
Colangelo
11:30-12:30
10/10
10/17
10/24
10/31
LA
Craven
9:30-10:30
10/5
10/12
10/19
10/26
LA
Eisenbeisz
10:30-11:30
10/5
10/12
10/19
10/26
LA
Special Ed Gr 3
9:30-10:30
10/7
10/14
10/21
10/28
LP
Villavicencio
9:30-10:30
9/12
9/19
9/26
10/3
LP
Jordan
10:30-11:30
9/12
9/19
9/26
10/3
LP
Kahle
9:30-10:30
9/9
9/16
9/23
9/30
LP
Garaicoa
10:30-11:30
9/9
9/16
9/23
9/30
LP
Special Ed Gr 3
9:30-10:30
10/7
10/14
10/21
10/28
KM
Buttell-Maxin
9:30-10:30
9/7
9/14
9/21
9/28
KM
Smith
10:30-11:30
9/7
9/14
9/21
9/28
OW
Reyes
11:30-12:30
9/7
9/14
9/21
9/28
OW
Rosas
11:30-12:30
9/9
9/16
9/23
9/30
OW
Kmet-Moran
11:30-12:30
9/12
9/19
9/26
10/3
OW
Robles -Cho
11:30-12:30
10/5
10/12
10/19
10/26
OT
Hartley
10:30-11:30
10/7
10/14
10/21
10/28
OT
Cortazar
11:30-12:30
10/7
10/14
10/21
10/28
OT
Van
9:30-10:30
11/4
11/18
12/2
12/9
PW
Vo
10:30-11:30
11/4
11/18
12/2
12/9
PW
Peterman
11:30-12:30
11/4
11/18
12/2
12/9
PW
Payumo
9:30-10:30
11/2
11/9
11/16
11/30
PW
Lachi
10:30-11:30
11/2
11/9
11/16
11/30
CN
Howard
9:30-10:30
11/7
11/14
11/28
12/5
CN
Arancibia
10:30-11:30
11/7
11/14
11/28
12/5
CN
Lathers
11:30-12:30
11/7
11/14
11/28
12/5
CN
Dechir
11:30-12:30
11/2
11/9
11/16
11/30
CN
Special Ed Gr 3
11:30-12:30
8/10
_ 8/17
8/24
8/31
Program Agreement — Swim Lessons at Las Palmas Pool 10
August 2016
City of National City and
National School District
Southern California ReLiEFgIssue
Protected Insurance Program for Schools CERTIFICATE OF COVERAGE
Date
7/21/2016
ADMINISTRATOR: LICENSE # 0451271
Keenan & Associates
901 Calle Amanecer, #200
San Clemente, CA 92673
949-940-1760
www.keenan.com
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
ENTITY A: Southern California ReLiEF
ENTITY B: Protected Insurance Program for Schools
ENTITYC:
ENTITY D:
ENTITY E:
COVERED PARTY:
National School District
1500 N Avenue
National City CA 91950
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE 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 COVERAGE
AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
ENT
LTR
TYPE OF COVERAGE
COVERAGE
DOCUMENTS
EFFECTIVE/
EXPIRATION DATE
MEMBER
RETAINED LIMIT
/ DEDUCTIBLE
LIMITS
A
GENERAL
[ 4GENERALLIABILITY
[
[ V/GOVERNMENT
[ /
[1
LIABILITY
CLAIMS MADE (OCCURRENCE
CODES
ERRORS & OMISSIONS
SCR 01712-01
7/1/2016
7/1/2017
$ 5,000
COMBINED SINGLE LIMIT EACH OCCURRENCE
$ 5,000,000
A
AUTOMOBILE
[ /ANY
[ /
[ /NON
[ V
[ /AUTO
LIABILITY
AUTO
HIRED AUTO
-OWNED AUTO
GARAGE LIABILITY
PHYSICAL DAMAGE
SCR 01712-01
7/1/2016
7/1/2017
$ 5,000
COMBINED SINGLE LIMIT EACH OCCURRENCE
$ 1,000,000
A
PROPERTY
[ 4ALL RISK
[ EXCLUDES EARTHQUAKE & FLOOD
[ ] BUILDER'S RISK
SCR 01712-01
7/1/2016
7/1/2017
$ 5,000
$ 250,250,000
EACH OCCURRENCE
A
STUDENT PROFESSIONAL LIABILITY
SCR 01712-01
7/1/2016
7/1/2017
$ 5,000
$ Included
EACH OCCURRENCE
B
WORKERS COMPENSATION
[ AJ EMPLOYERS' LIABILITY
PIPS4172
7/1/2016
7/1/2017
$
[ 1 WC STATUTORY LIMITS [ / OTHER
$ 1,000,000
E.L. EACH ACCIDENT
$ 1 ,000,000
E.L. DISEASE - EACH EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMITS
EXCESS WORKERS COMPENSATION
[ [ EMPLOYERS' LIABILITY
$
OTHER
$
$
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/RESTRICTIONSISPECIAL PROVISIONS:
As respects to the use of Las Palmas Swimming Pool facilities.
$10,000,000 annual aggregate, as required by contract.
CERTIFICATE HOLDER:
City of National CityWILL
1243 National City Blvd.
National City CA 91950-4301
CANCELLATION SHOULD
CANCELED BEFORE THE
ENDEAVOR TO
HOLDER NAMED TO THE
IMPOSE NO OBLIGATION
AGENTS OR REPRESENTATIVES.
ANY OF THE ABOVE
EXPIRATION DATE
MAIL DAYS WRITTEN
DESCRIBED COVERAGES BE
THEREOF, THE ISSUING ENTITY/JPA
NOTICE TO THE CERTIFICATE
TO MAIL SUCH NOTICE SHALL
KIND UPON THE ENTITY/JPA, ITS
LEFT, BUT FAILURE
OR LIABILITY OF ANY
(:9-,/:::„.gec.:fr,t7--,
John Stephens AUTHORIZED REPRESENTATIVE
31020691 I NATIOSCH 116/17 Super Pool Higher Limits I Leigh Steudler 17/21/2016 12:40:16 PM (PDT) I Page 1 of 3
DISCLAIMER
The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing
entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the coverage documents listed thereon.
eCertsOnlme.com
31020691 1 NATIOSCH 116/17 Super Pool Higher Limits I Leigh Steudler i 7/21/2016 12:40:16 PM (PDT) I Page 2 of 3
ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERED PARTY
National School District
COVERAGE DOCUMENT
SCR 01712-01
ADMINISTRATOR
Keenan & Associates
Subject to all its terms, conditions, exclusions, and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the following
entity but only as respects to liability arising directly from the actions and activities of the
covered party described under "as respects" below.
Additional Covered Party -
City of National City
1243 National City Blvd.
National City CA 91950-4301
As Respects:
As respects to the use of Las Palmas Swimming Pool facilities. $10,000,000 annual aggregate, as required by
contract.
The City of National City, its elected officials, officers, agents, employees, and volunteers are named as
Additional Covered Parties.
Authorized Representative
Issue Date: 7/21/2016
31020691 1 NATIOSCH 1 16/17 Super Pool Higher Limits 1 Leigh Steudler 1 7/21/2016 12:40:16 PM (PDT) 1 Page 3 of 3
RESOLUTION NO. 2016 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL
DISTRICT TO PROVIDE SWIM LESSONS FOR THIRD GRADE STUDENTS
AT LAS PALMAS POOL FROM AUGUST 8, 2016 THROUGH
JANUARY 31, 2017 FOR THE AMOUNT OF $40,000
WHEREAS, last year, the National School District ("NSD") reestablished its third
grade swim lesson program as a component of the NSD Wellness Policy; and
WHEREAS, due to the closure of National City's Las Palmas Pool, NSD
contracted with the Jackie Robinson YMCA to provide swim lessons for the 2015 — 2016 school
year; and
WHEREAS, with the reopening of Las Palmas Pool, NSD seeks to relocate the
swim lesson program to National City for the 2016-2017 school year and enter into an
Agreement with the City of National City in the amount of $40,000 to provide NSD third grade
students four one -hour swim lessons; and
WHEREAS, the use of the Las Palmas Pool for such a program is consistent with
the current programmatic objectives established by the City and its current facility operator,
MediFit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Manager to execute an Agreement between the City of
National City and National School District to provide swim lessons for third grade students at Las
Palmas Pool for the amount of $40,000.
PASSED and ADOPTED this 2nd day of August, 2016.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950-4397
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
August 16, 2016
Ms. Paula Jameson -Whitney
Assistant Superintendent
Educational Services
National School District
1500 N Avenue
National City, CA 91950
Dear Ms. Jameson -Whitney,
On August 2", 2016, Resolution No. 2016-108 was passed and adopted by the City
Council of the City of National City, authorizing execution of an Agreement with
National School District.
We are enclosing for your records a certified copy of the above Resolution and a fully
executed original Agreement.
Michael R. Dalla, CMC
City Clerk
Enclosures