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HomeMy WebLinkAbout2017 CON National School District - Swim LessionsCT 3 3Q C1D16-33 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 7th day of June, 2017. 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, d.b.a. EXOS ("EXOS") . 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 TERM OF AGREEMENT. This AGREEMENT will become effective on July 1, 2017. The duration of this AGREEMENT is for the period of July 1, 2017 through June 30, 2018. This AGREEMENT may be extended by the City Manager upon mutual written agreement between the CITY and APPLICANT for up to two (2) additional one (1) year terms. If either party desires an extension, the requesting party must make the request for an extension to the term no less than three (3) months prior to the end of the term. The APPLICANT and the CITY shall mutually agree upon the swim lesson program and schedule. The swim lesson program and schedule may also be amended upon mutual written agreement. 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 shall reschedule canceled swim lessons at a later date. Canceled swim lessons shall 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 Forty Thousand Dollars ($40,000) for APPLICANT'S third grade students to participate in the swim lesson program. The CITY shall 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. If both parties mutually agree to extend the AGREEMENT, the CITY shall invoice the APPLICANT for the full amount after the 1st day of July. 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, EXOS, and the APPLICANT and each of its officers, officials, agents, employees, and volunteers. 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. Program Agreement — Swim Lessons at Las Palmas Pool 2 City of National City and June 2017 National School District 9. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT agrees to defend, indemnify and hold harmless the City of National City and EXOS 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 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 Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and EXOS 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 EXOS 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. Program Agreement — Swim Lessons at Las Palmas Pool 3 City of National City and June 2017 National School District 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. 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's Risk Manager, at the address listed in subsection G below, 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. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. J. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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 Program Agreement — Swim Lessons at Las Palmas Pool 4 City of National City and June 2017 National School District 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. NON -BINDING MEDIATION. 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 non -binding mediation in San Diego, California. The costs of mediation shall be borne equally by the parties. If the parties do not resolve the dispute through mediation, either party is free to use any other available remedy in law or at equity to settle the dispute. 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 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 Program Agreement — Swim Lessons at Las Palmas Pool 5 City of National City and June 2017 National School District 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. The APPLICANT further agrees that in consideration of being permitted the use of the PREMISES, they will save and hold harmless the 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. Program Agreement — Swim Lessons at Las Palmas Pool 6 City of National City and June 2017 National School District 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. 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. Program Agreement — Swim Lessons at Las Palmas Pool 7 City of National City and June 2017 National School District IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager APPROVED AS TO FORM: Rdberto M. Contreras Deputy City Attorney NATIONAL SCHOOL DISTRICT (Name) K. a rIS' (Print) Iks ? 54-`f L (Title) c I 3 3 o i to8 i1l2s-l2-t't"1 By: (Name) (Print) (Title) Program Agreement — Swim Lessons at Las Palmas Pool 8 City of National City and June 2017 National School District J,Xt111i11 A National School District Learn to Swim Registration Form Las Palmas NATIONAL CITY - CA Participant's 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, d.b.a. EXOS ("EXOS") 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 EXOS, 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 claims 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 Pool. I hereby agree that the Releasing Party will not make a claim against, sue or prosecute EXOS, 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 EXOS, 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 City • CA • 91950 • 619-336-6758 Yellow Copy: Participant tAt11ti11 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. 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 life jackets 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 NATIONAL CI tAtilts11 is National School District Swim Lesson Schedule School Teacher Time Lesson 1 Date Lesson 2 Date Lesson 3 Date Lesson 4 Date Day IH Porter 9:30-10:30 8/2 8/9 8/16 8/23 W IH Sanchez 10:30-11:30 8/2 8/9 8/16 8/23 W LP Garaicoa 11:30-12:30 8/2 8/9 8/16 8/23 W KM Buttell-Maxin 9:30-10:30 8/4 8/11 8/18 8/25 F KM Smith 10:30-11:30 8/4 8/11 8/18 8/25 F KM NT 11:30-12:30 8/4 8/11 8/18 8/25 F ET Entzminger-Ma 9:30-10:30 8/7 8/14 8/21 8/28 M ET Carrillo 10:30-11:30 8/7 8/14 8/21 8/28 M ET Dang-Hagler 11:30-12:30 8/7 8/14 8/21 8/28 M IH Camba-Jones 9:30-10:30 8/30 9/6 9/13 10/4 W OT Hartley 10:30-11:30 8/30 9/6 9/13 10/4 W LP Jordan 11:30-12:30 8/30 9/6 9/13 10/4 W LA Craven 9:30-10:30 9/1 9/8 9/15 10/6 F LA Houck 10:30-11:30 9/1 9/8 9/15 10/6 F LA Colangelo 11:30-12:30 9/1 9/8 9/15 10/6 F RN Duenas 9:30-10:30 9/11 10/9 10/16 10/23 M RN Sterner 10:30-11:30 9/11 10/9 10/16 10/23 M RN Gonzalez 11:30-12:30 9/11 10/9 10/16 10/23 M OT Cortazar 9:30-10:30 10/11 10/18 10/25 11/1 W OT Paredes 10:30-11:30 10/11 10/18 10/25 11/1 W LP Kahle 11:30-12:30 10/11 10/18 10/25 11/1 W OW Rosas 9:30-10:30 10/13 10/20 10/27 11/3 F OW Kmet-Moran 10:30-11:30 10/13 10/20 10/27 11/3 F OW Robles -Cho 11:30-12:30 10/13 10/20 10/27 11/3 F PW Vo 9:30-10:30 10/30 11/6 11/13 11/27 M PW Rabin 10:30-11:30 10/30 11/6 11/13 11/27 M PW Payumo 11:30-12:30 10/30 11/6 11/13 11/27 M CN NT 9:30-10:30 11/8 11/15 11/29 12/6 W OW NT 10:30-11:30 11/8 11/15 11/29 12/6 W LP Villavicencio 11:30-12:30 11/8 11/15 11/29 12/6 W CN Howard 9:30-10:30 11/17 12/1 12/8 12/15 F CN Abrams 10:30-11:30 11/17 12/1 12/8 12/15 F CN Carswell 11:30-12:30 11/17 12/1 12/8 12/15 F CN Madigan (SDC) 9:30-10:30 12/4 12/11 1/22 1/29 M LP Wysocki (SDC) 10:30-11:30 12/4 12/11 1/22 1/29 M 11:30-12:30 12/4 12/11 1/22 1/29 M RESOLUTION NO. 2017 — 82 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 DURING THE SCHOOL YEAR 2017-2018 IN THE AMOUNT OF $40,000, WITH AN OPTION TO MUTUALLY EXTEND THE AGREEMENT FOR TWO ADDITIONAL ONE YEAR TERMS WHEREAS, during the 2015-2016 school 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 temporary closure of the City of National City's Las Palmas Pool for maintenance and repairs, NSD contracted with the Jackie Robinson YMCA to provide swim lessons for the 2015-2016 school year, but with the reopening of Las Palmas Pool, NSD relocated the third grade swim lesson program to Las Palmas Pool for the 2016- 2017 school year; and WHEREAS, NSD desires to enter into an Agreement with the City of National City to continue offering third grade swim lessons at Las Palmas Pool for the 2017-2018 school year (July 1, 2017 through June 30, 2018), which is consistent with the current programmatic objectives established by the City and its current facility operator, EXOS; and WHEREAS, it is anticipated that the Agreement will be approved and executed by NSD's Governing Board after the deadline for inclusion on this, the last scheduled meeting of the City Council prior to July 1. Therefore, staff requests that the City Council authorize the City Manager to execute the Agreement, and, upon mutual agreement, extend it for up two additional one year terms; and WHEREAS, based on the NSD third grade enrollment level for the school year and the current City Council approved fee schedule, the City will receive $40,000 in revenue from this Agreement, which will offset the cost to provide the program. 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 during the 2017-2018 school year that will generate revenue to the City in the amount of $40,000, with an option to mutually extend the Agreement for two additional one year terms. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of June, on orrison, Mayor ATTEST: APPROVED AS TO FORM: n Michael R. Dalla ! ity Clerk City Attorney Passed and adopted by the Council of the City of National City, California, on June 6, 2017 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 I J City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-82 of the City of National City, California, passed and adopted by the Council of said City on June 6, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT C20(-33 MEETING DATE: June 6, 2017 AGENDA ITEM NO. 14 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 during the school year 2017-2018 in the amount of $40,000, with an option to mutually extend the agreement for two additional one year terms. (Community Services) PREPARED BY: Audrey Denham DEPARTMENT: Community Services PHONE: 619-336-4243i APPROVED BY: EXPLANATION: Please see attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS 001-41000-3574 (Swimming Pool Revenue) $40,000 APPROVED: `-a ��_. Finance ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute an Agreement, once approved by the National School District Governing Board, between the City of National City and National School District, to provide swim lessons for third grade students at Las Palmas Pool, for school year 2017-2018 in the amount of $40,000. BOARD / COMMISSION RECOMMENDATION: N/A \TTACHMENTS: 1. Agreement 2. Resolution QNF,sok.,vt‘oll NO. 'do n-% EXPLANATION During the 2015-2016 school year, the National School District (NSD) reestablished its third grade swim lesson program as a component of the NSD Wellness Policy. Due to the temporary closure of the City of National City's municipal pool Las Palmas Pool, NSD contracted with the Jackie Robinson YMCA to provide swim lessons for the 2015-2016 school year. With the reopening of Las Palmas Pool, NSD relocated the third grade swim lesson program to Las Palmas Pool for the 2016-2017 school year. NSD wishes to continue offering third grade swim lessons at Las Palmas Pool for the 2017-2018 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, EXOS. The term of the proposed Agreement is July 1, 2017 through June 30, 2018. It is anticipated that the Agreement will be approved and signed by NSD's Governing Board after the deadline for inclusion on this, the last scheduled meeting of the City Council prior to July 1. Therefore, staff requests that the City Council authorize the City Manager to execute the Agreement, and, upon mutual agreement, extend it for up two additional one year terms. Based on the NSD third grade enrollment level for the school year and the current City Council approved fee schedule, the City will receive $40,000 in revenue from this Agreement. Revenues generated from this Agreement will offset the cost to provide the program. 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 7th day of June, 2017. 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, d.b.a. EXOS ("EXOS") . 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 TERM OF AGREEMENT. This AGREEMENT will become effective on July 1, 2017. The duration of this AGREEMENT is for the period of July 1, 2017 through June 30, 2018. This AGREEMENT may be extended by the City Manager upon mutual written agreement between the CITY and APPLICANT for up to two (2) additional one (1) year terms. If either party desires an extension, the requesting party must make the request for an extension to the term no less than three (3) months prior to the end of the term. The APPLICANT and the CITY shall mutually agree upon the swim lesson program and schedule. The swim lesson program and schedule may also be amended upon mutual written agreement. 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 shall reschedule canceled swim lessons at a later date. Canceled swim lessons shall 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 Forty Thousand Dollars ($40,000) for APPLICANT'S third grade students to participate in the swim lesson program. The CITY shall 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. If both parties mutually agree to extend the AGREEMENT, the CITY shall invoice the APPLICANT for the full amount after the I st day of July. 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, EXOS, and the APPLICANT and each of its officers, officials, agents, employees, and volunteers. 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. Program Agreement — Swim Lessons at Las Palmas Pool 2 City of National City and June 2017 National School District 9. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT agrees to defend, indemnify and hold harmless the City of National City and EXOS 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 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 Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and EXOS 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 EXOS 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. Program Agreement — Swim Lessons at Las Palmas Pool 3 June 2017 City of National City and National School District 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. 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's Risk Manager, at the address listed in subsection G below, 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. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. J. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to 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 Program Agreement — Swim Lessons at Las Palmas Pool 4 City of National City and June 2017 National School District 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. NON -BINDING MEDIATION. 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 non -binding mediation in San Diego, California. The costs of mediation shall be borne equally by the parties. If the parties do not resolve the dispute through mediation, either party is free to use any other available remedy in law or at equity to settle the dispute. 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 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 Program Agreement — Swim Lessons at Las Palmas Pool 5 City of National City and June 2017 National School District 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. The APPLICANT further agrees that in consideration of being permitted the use of the PREMISES, they will save and hold harmless the 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. Program Agreement — Swim Lessons at Las Palmas Pool 6 City of National City and June 2017 National School District 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. 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. Program Agreement — Swim Lessons at Las Palmas Pool 7 City of National City and June 2017 National School District IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT By: Leslie Deese, City Manager APPROVED AS TO FORM: Roberto M. Contreras Deputy City Attorney By: (Name) (Print) (Title) By: (Name) (Print) (Title) Program Agreement — Swim Lessons at Las Palmas Pool 8 City of National City and June 2017 National School District EXHIBIT A National School District Learn to Swim Registration Form Las Palmas -. L._ia''ool NATIONAL CITY • CA Participant's 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, d.b.a. EXOS ("EXOS") 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, child(ren), our heirs, distributes, guardians, legal representatives, and assigns, (collectively, the "Releasing Party"), le waive, release, discharge, and hold harmless EXOS, 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 claims 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 Pool. I hereby agree that the Releasing Party will not make a claim against, sue or prosecute EXOS, 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 EXOS, 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: ri°Parent Signature White Copy: LPP Date Las Palmas Pool • 1800 E 22nd St. • National City • 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. 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 life jackets 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 •- CAUPOII IA NATIONAL Orr EXHIBIT B National School District Swim Lesson Schedule ".' School Teacher Time Lesson 1 Date Lesson 2 Date Lesson 3 Date Lesson 4 Date Day IH Porter 9:30-10:30 8/2 8/9 8/16 8/23 W IH Sanchez 10:30-11:30 8/2 8/9 8/16 8/23 W LP Garaicoa 11:30-12:30 8/2 8/9 8/16 8/23 W KM Buttell-Maxin 9:30-10:30 8/4 8/11 8/18 8/25 F KM Smith 10:30-11:30 8/4 8/11 8/18 8/25 F KM NT 11:30-12:30 8/4 8/11 8/18 8/25 F ET Entzminger-Ma 9:30-10:30 8/7 8/14 8/21 8/28 M ET Carrillo 10:30-11:30 8/7 8/14 8/21 8/28 M ET Dang-Hagler 11:30-12:30 8/7 8/14 8/21 8/28 M IH Camba-Jones 9:30-10:30 8/30 9/6 9/13 10/4 W OT Hartley 10:30-11:30 8/30 9/6 9/13 10/4 W LP Jordan 11:30-12:30 8/30 9/6 9/13 10/4 W LA Craven 9:30-10:30 9/1 9/8 9/15 10/6 F LA Houck 10:30-11:30 9/1 9/8 9/15 10/6 F LA Colangelo 11:30-12:30 9/1 9/8 9/15 10/6 F RN Duenas 9:30-10:30 9/11 10/9 10/16 10/23 M RN Sterner 10:30-11:30 9/11 10/9 10/16 10/23 M RN Gonzalez 11:30-12:30 9/11 10/9 10/16 10/23 M OT Cortazar 9:30-10:30 10/11 10/18 10/25 11/1 W OT Paredes 10:30-11:30 10/11 10/18 10/25 11/1 W LP Kahle 11:30-12:30 10/11 10/18 10/25 11/1 W OW Rosas 9:30-10:30 10/13 10/20 10/27 11/3 F OW Kmet-Moran 10:30-11:30 10/13 10/20 10/27 11/3 F OW Robles -Cho 11:30-12:30 10/13 10/20 10/27 11/3 F PW Vo 9:30-10:30 10/30 11/6 11/13 11/27 M PW Rabin 10:30-11:30 10/30 11/6 11/13 11/27 M PW Payumo 11:30-12:30 10/30 11/6 11/13 11/27 M CN NT 9:30-10:30 11/8 11/15 11/29 12/6 W OW NT 10:30-11:30 11/8 11/15 11/29 12/6 W LP Villavicencio 11:30-12:30 11/8 11/15 11/29 12/6 W CN Howard 9:30-10:30 11/17 12/1 12/8 12/15 F CN Abrams 10:30-11:30 11/17 12/1 12/8 12/15 F CN Carswell 11:30-12:30 11/17 12/1 12/8 12/15 F CN Madigan (SDC) 9:30-10:30 12/4 12/11 1/22 1/29 M LP Wysocki (SDC) 10:30-11:30 12/4 12/11 1/22 1/29 M 11:30-12:30 12/4 12/11 1/22 1/29 M RESOLUTION NO. 2017 — 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 DURING THE SCHOOL YEAR 2017-2018 IN THE AMOUNT OF $40,000, WITH AN OPTION TO MUTUALLY EXTEND THE AGREEMENT FOR TWO ADDITIONAL ONE YEAR TERMS WHEREAS, during the 2015-2016 school 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 temporary closure of the City of National City's Las Palmas Pool for maintenance and repairs, NSD contracted with the Jackie Robinson YMCA to provide swim lessons for the 2015-2016 school year, but with the reopening of Las Palmas Pool, NSD relocated the third grade swim lesson program to Las Palmas Pool for the 2016- 2017 school year; and WHEREAS, NSD desires to enter into an Agreement with the City of National City to continue offering third grade swim lessons at Las Palmas Pool for the 2017-2018 school year (July 1, 2017 through June 30, 2018), which is consistent with the current programmatic objectives established by the City and its current facility operator, EXOS; and WHEREAS, it is anticipated that the Agreement will be approved and executed by NSD's Governing Board after the deadline for inclusion on this, the last scheduled meeting of the City Council prior to July 1. Therefore, staff requests that the City Council authorize the City Manager to execute the Agreement, and, upon mutual agreement, extend it for up two additional one year terms; and WHEREAS, based on the NSD third grade enrollment level for the school year and the current City Council approved fee schedule, the City will receive $40,000 in revenue from this Agreement, which will offset the cost to provide the program. 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 during the 2017-2018 school year that will generate revenue to the City in the amount of $40,000, with an option to mutually extend the Agreement for two additional one year terms. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of June, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 ::Rin.I, AV Michael R. Dalla, CMC - City Clerk June 26, 2017 Ms. Paula Jameson -Whitney Educational Services National School District 1500 N Avenue National City, CA 91950 Dear Ms. Jameson -Whitney, On June 6th, 2017, Resolution No. 2017-82 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 forwarding a certified copy of the above Resolution and two partially executed original Agreements. Please return a fully executed original Agreement to us for our files. Sincerely, /"--112,14) Michael R. Dalla, CMC City Clerk Enclosures