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HomeMy WebLinkAbout2017 CON Southwestern College - Facility Use Permit for Aquatic CenterFACILITY USE PERMIT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT THIS FACILITY USE PERMIT ("PERMIT") is granted to Southwestern Community College District (the "APPLICANT") by the CITY OF NATIONAL CITY, a municipal corporation (the "CITY") on this 13th day of June, 2017. RECITALS WHEREAS, the APPLICANT provides safe boating and aquatic recreational activities to members of the general public. WHEREAS, the APPLICANT desires to use the premises commonly known as the National City Aquatic Center, located at 3300 Goesno Place, National City, CA 91950 (the "FACILITY"). WHEREAS, the FACILITY is designed to hold recreational aquatic, safety and environmental programs. WHEREAS, the APPLICANT seeks a permit to use the FACILITY so it can hold introductory sailing camps for youth in the South Bay area. NOW, THEREFORE, THE APPLICANT AGREES THE FOLLOWING TERMS GOVERN THEIR USE OF THE FACILITY: 1. EFFECTIVE DATE AND LENGTH OF PERMIT. This PERMIT will become effective on June 12, 2017. The duration of this PERMIT is for the period of June 12, 2017 through July 7, 2017. 2. USE OF FACILITY. The FACILITY is a 4,700 square foot aquatic center in the National City Marina District and is used for a variety of recreational aquatic, safety and environmental programs. The APPLICANT is permitted to use and occupy the FACILITY to provide two (2), half -day sailing summer camps for youth on Monday through Thursday from 1:00 pm to 4:30 pm during the following dates: • Camp set up and equipment drop off: June 12, 2017 through June 16, 2017 • Camp 1: June 19, 2017 through June 22, 2017 • Camp 2: June 26, 2017 through June 29, 2017 • Camp clean up and equipment removal: July 3, 2017 through July 7, 2017 APPLICANT may use and occupy the FACILITY one (1) hour prior to 1:00 pm and one (1) hour after 4:30 pm for the purpose of daily camp preparations and clean up. APPLICANT's use of the FACILITY is limited to the days and times specified in this paragraph. In the event APPLICANT seeks to adjust FACILITY usage times, the City Manager has the discretion to approve adjustments to the usage times at her sole discretion. APPLICANT understands the CITY may allow others to use the Facilty when not in use by APPLICANT; and, depending on available space and programming, the CITY may have others use the FACILITY at the same time as APPLICANT when CITY determines such use will not interfere with APPLICANT's use. The FACILITY will have the following available for the APPLICANT to use as part of this PERMIT: a Wi-Fi connection, a land -line phone, automatic external defibrillator, first aid kit, television, dvd player, eighteen (18) chairs, six (6) tables, four (4) marine radios, and sixty (60) life jackets in various youth and adult sizes. 3. FINANCIAL SUPPORT. The CITY shall financially support APPLICANT's sailing summer camps at the FACILITY for the camp dates listed in Section 2 above. The CITY shall reimburse the APPLICANT One Thousand Three Hundred Dollars ($1,300.00) for each sailing camp that is successfully completed with a minimum of two (2) paid youth participants. The total reimbursement to the APPLICANT shall not exceed Two Thousand Six Hundred Dollars ($2,600.00). Said funds shall be used to pay costs associated with staffing, liability and worker's compensation insurance, and other operating costs as deemed necessary by the APPLICANT. The APPLICANT shall invoice the CITY at the conclusion of each sailing camp and the CITY shall pay the APPLICANT within thirty (30) days after receipt of an invoice. 4. PROGRAM FEES. Consistent with the camp dates listed in Section 2 of this PERMIT, the APPLICANT shall charge the following fees for youth summer camps held on Monday through Thursday: • National City residents with proof residency: $70 • Non-residents of National City: $100 5. PERMIT FEE. The CITY generally charges a facility use fee. The CITY will accept other consideration in lieu of the facility use fee, which is anticipated to exceed the use fee. The other consideration to be provided by the APPLICANT to use of the FACILITY are: 1) the APPLICANT shall provide summer camps which will be specifically target marketed to National City residents; and, 2) the APPLICANT will provide a discounted rate for National City residents for the summer camps, as listed in Section 4 above. 6. MARKETING. The CITY will assist marketing the summer camps, as follows: create a webpage within the CITY's website dedicated to the FACILITY and programs offered by the APPLICANT with links to the APPLICANT'S webpage, distribute marketing materials to the local school districts and CITY partners, post on the CITY's social media, and place an advertisement in San Diego Family Magazine. 7. JANITORIAL SERVICES. Consistent with the camp dates listed in Section 2 of this PERMIT, the CITY shall provide janitorial services on Monday through Thursday mornings at times mutually agreed to by the parties. The APPLICANT shall provide minor janitorial services after each use of the FACILITY. Minor janitorial services include picking up trash both inside and outside of the FACILITY and leaving the FACILITY in the same clean and orderly condition that the APPLICANT encounters upon APPLICANT'S morning arrival to the FACILITY. Facilities Use Permit— Aquatic Center 2 City of National City and Junel 2017 Southwestern Community College District 8. PERMIT COORDINATION AND CONTACT. Audrey Denham is hereby designated as the Permit Coordinator for the CITY and will monitor the use of the FACILITY and compliance with this PERMIT. The APPLICANT shall assign a single point of contact to provide supervision and have overall responsibility for the use of the FACILITY and compliance with this PERMIT for the APPLICANT. Patrice Milkovich is hereby designated as the point of contact for the APPLICANT. 9. CONTROL. Neither the CITY nor its officers, officials, agents, employees, or volunteers shall have any control over the conduct of the APPLICANT or any of the APPLICANT'S employees, except as herein set forth. The APPLICANT or the APPLICANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The parties acknowledge that the APPLICANT, its agents, servants, and employees are as to the CITY wholly independent, and that APPLICANT'S obligations to the CITY are solely prescribed by this PERMIT. 10. COMPLIANCE WITH APPLICABLE LAW. The APPLICANT, in the use of the FACILITY as allowed by this PERMIT, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the CITY, whether now in force or subsequently enacted. The APPLICANT and each of its SUBAPPLICANT(S), shall obtain and maintain a current CITY business license prior to and during the use of the FACILITY pursuant to this PERMIT. 11. LICENSES, PERMITS, ETC. The APPLICANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to conduct its programs and summer camps. The APPLICANT represents and covenants that the APPLICANT shall, at its sole cost and expense, keep in effect at all times during the term of this PERMIT, any license, permit, or approval which is legally required for the APPLICANT to conduct its programs and summer camps. 12. 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. Facilities Use Permit — Aquatic Center June! 2017 3 City of National City and Southwestern Community College District 13. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT and CITY agree to defend, indemnify and hold each other and their respective officers, officials, agents, employees, and volunteers harmless 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 (collectively "CLAIMS"), resulting from or arising out of the use of public property or the activity(ies) taken under this PERMIT including but not limited to any of APPLICANT's programs and/or summer camps as described in this PERMIT. APPLICANT and CITY shall indemnify each other only in proportion and to the extent such CLAIMS are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, their respective officers, officials, agents, employees, and volunteers. 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 PERMIT for any alleged or actual omission, act, or negligence under this PERMIT that occurred during the term of this PERMIT. The APPLICANT agrees to have participants in APPLICANT's activities, programs, and/or summer camps sign the CITY's waivers of liability (attached to this PERMIT as Exhibit A) specifically waiving any liability against the CITY, APPLICANT, and each of their respective officers, officials, agents, employees, and volunteers. 14. 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 its officers, officials, agents, employees, and volunteers 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 or its officers, officials, agents, 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 PERMIT. 15. 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 PERMIT, the following insurance policies: A. Automobile Insurance covering all bodily injury and property damage incurred during the term of this PERMIT, 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, officials, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. B. Commercial General Liability Insurance, with minimum limits of either $5,000,000 per occurrence and $10,000,000 aggregate, on an "occurrence" basis, covering all bodily injury, property damage, personal & advertising injury arising out of its operations, work, Facilities Use Permit— Aquatic Center June12017 4 City of National City and Southwestern Community College District or performance under this PERMIT. The policy shall name the CITY and its officers, officials, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit shall apply to the location and address noted in the Recitals section above. 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 PERMIT. 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. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, agents, 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. D. This PERMIT 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 such insurance policies in full force and effect at all times during the terms of this PERMIT, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this PERMIT and terminate the PERMIT as provided herein. E. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 16. 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 PERMIT, 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. 17. 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 Facilities Use Permit — Aquatic Center 5 City of National City and Junel 2017 Southwestern Community College District 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: Kindred Murillo, Ed.D. Supertintendent/President Southwestern Community College District 900 Otay Lakes Road Chula Vista, CA 91910 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. 18. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this PERMIT. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Applicant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 19. 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 FACILITY. The APPLICANT further agrees that in consideration of being permitted the use of the FACILITY, they will save and hold harmless the CITY, its officers, officials, 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 FACILITY and agree to abide by all CITY ordinances and FACILITY rules and policies. The APPLICANT is responsible for any Facilities Use Permit — Aquatic Center 6 City of National City and Junel 2017 Southwestern Community College District damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said FACILITY. 21. POSSESSORY INTEREST. The APPLICANT recognizes and understands that use of the CITY's FACILITY may create a possessory interest subject to property taxation and that APPLICANT may be subject to the payment of property taxes levied on such interest. APPLICANT further agrees to pay any and all property taxes, if any, assessed against APPLICANT's possessory interest in the CITY's FACILITY during APPLICANT'S use of the CITY's FACILITY pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this PERMIT 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 day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This PERMIT 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 PERMIT are solely for the convenience of the parties hereto, are not a part of this PERMIT, and shall not be used for the interpretation or determination of the validity of this PERMIT or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this PERMIT 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 PERMIT, the terms and conditions of this PERMIT shall control. F. Amendment to this Permit. The terms of this PERMIT 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 PERMIT shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This PERMIT shall be governed by and construed in accordance with the laws of the State of California. I. Audit. This PERMIT may be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the PERMIT, per Government Code Section 8546.7. J. Entire Permit. This PERMIT 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 PERMIT shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Facilities Use Permit — Aquatic Center 7 City of National City and June12017 Southwestern Community College District L. Subcontractors or Subapplicants. The City is permitting the use of the FACILTIY to the APPLICANT identified in this PERMIT. The APPLICANT shall not subpermit the use of the FACLITYor any portion thereof, unless such subpermitting was part of the original PERMIT or is allowed by the City in writing. To the extent there is a subpermit, the subapplicant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, the insurance provisions in Section 15, the indemnification and hold harmless provision of Section 13, and the assumption of the risk in Section 19 of this PERMIT. M. 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 PERMIT, (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 PERMIT, (iv) each party and such party's counsel and advisors have reviewed this PERMIT, (v) each party has agreed to enter into this PERMIT 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 PERMIT, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this PERMIT on the date and year first above written. CITY OF NATIONAL CITY By: >� Leslie Deese, City Manager APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney B Facilities Use Permit — Aquatic Center Junel 2017 8 SOUTHWESTERN COMMUNITY COLLEGE DISTRICT (Signatures of two District officers required) By: Kindred Murillo, Ed.D. Superintendent/President By: Pri Director of Procurement, Central Services & Risk Management Approved as to Form by the Office of the Director of Procurement, Central Services & Risk Management Agreement No. A5507.17 Agreement Review Date: May 30, 2017 City of National City and Southwestern Community College District EXHIBIT A ^�• CALIFORNIA NATIONAL corn t.. 7wc0�ZJ �• National City Aquatic Center Summer Camps Participant's Full Name (Last, First) Date of Birth Address Primary Phone # E-mail Emergency Contact Relationship Emergency Phone # Waiver of Liabili and Assum •tion of Risk. With respect to my child(ren)'s voluntary use of the National City Aquatic Center and its facilities (the "Aquatic Center"), managed by the City of National City (the "City") I understand that, as a guest of the Aquatic Center, 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 Aquatic Center, and I hereby agree to assume on behalf of myself and my child(ren) all risk of utilizing the Aquatic Center. 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 the City, Southwestern Community College District ("SWC"), 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 Aquatic Center. 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 Aquatic Center. I hereby agree that the Releasing Party will not make a claim against, sue or prosecute the City or SWC, 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 the City or SWC, 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 Aquatic Center activities. I hereby consent that my child(ren) participate in the Aquatic Center 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 National City Aquatic Center • 3300 Goesno Place • National City • CA • 91950 •619-495-0701 RESOLUTION NO. 2017 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE PERMIT, WITH A MUTUAL INDEMNITY AND HOLD HARMLESS, BETWEEN THE CITY OF NATIONAL CITY AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR YOUTH SAILING CAMPS AT THE NATIONAL CITY AQUATIC CENTER DURING JUNE 2017 WHEREAS, on March 21, 2017, the City Council authorized an appropriation of $34,170 to support National City Aquatic Center ("NCAC") 2017 summer programs offered by Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA (together referred to as the "Collaborative"); and WHEREAS, City staff received approval to negotiate and execute Facility Use Permits with each member of the Collaborative, as required by City Council Policy 803, (Facility Use Guidelines and Regulations for the Use of Community Centers). Facility Use Permits are approved at the administrative level and the dollar amount for each Facility Use Permit would be within the City Manager's signing authority; and WHEREAS, the NCAC 2017 summer camp programs allow the City to offer low cost camps giving National City youth an opportunity to participate in water sports, pilot summer camps offered by the Collaborative to determine long-term operations, and develop successful future NCAC programs; and WHEREAS, Southwestern Community College District's Crown Cove Aquatic Center (SWC) proposed hosting two, week-long youth sailing camps beginning June 19 and ending June 29, at a reduced rate of $70 for National City residents; and WHEREAS, SWC has requested a mutual indemnity and hold harmless agreement, which staff has determined is in the best interest of both parties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute a Facility Use Permit, with a mutual indemnity and hold harmless, between the City of National City and Southwestern Community College District for youth sailing camps at the National City Aquatic Center during June 2017. PASSED and ADOPTED this 6th day of June, 2017. Morrison, Mayor ATTEST: APPROVED AS S FORM: Mi hael R. Dalla, ity Clerk Morris - 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 ttZttd i L'ai City C erk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-83 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 MEETING DATE: June 6, 2017 AGENDA ITEM NO. 15 wTEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Facility Use Permit, with a mutual indemnity and hold harmless, between the City of National City and Southwestern Community College District, for youth sailing camps at the National City Aquatic Center during June 2017. PREPARED BY: Audrey Denham PHONE: 336-4243 EXPLANATION: See attached explanation. DEPARTMENT: Community Services APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: See attached recommendation. BOARD / COMMISSION RECOMMENDATION: N/A \TTACHMENTS: 1. Draft Facility Use Permit between City and Southwestern Community College District Q,k,so v'C\©10 Na. aa\r .%3 EXPLANATION On March 21, 2017 City Council authorized an appropriation of $34,170 to support National City Aquatic Center (NCAC) 2017 summer programs offered by Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Famil YMCA (together referred to as the Collaborative). City staff received approval to negotiate and execute Facility Use Permits with each member of the Collaborative. Per City Council Policy 803, (Facility Use Guidelines and Regulations for the Use of Community Centers) Facility Use Permits are approved at the administrative level and the dollar amount for each Facility Use Permit would be within the City Manager's signing authority. The NCAC 2017 summer camp programs allow the City to offer low cost camps giving National City youth an opportunity to participate in water sports, pilot summer camps offered by the Collaborative to determine long-term operations, and develop successful future NCAC programs. Southwestern Community College District (SWC) proposed hosting two, week-long youth sailing camps beginning June 19 and ending June 29, at a reduced rate of $70 for National City residents. During negotiations, SWC requested a Facility Use Permit with a mutual indemnity and hold harmless. City Council Policy 1001 provides discretionary authority to enter into a mutual indemnity and hold harmless agreements when in the best interest of both parties. The NCAC 2017 summer camp programs are important to the development of long-term operations and programs. Staff has reviewed the mutual indemnity and hold harmless Facility Use Permit with the City Attorney's Office and the City's Risk Manager and they are of the opinion that it is in the best interest of both parties. Should City Council approve the Facility Use Permit with the mutual indemnity and hold harmless, SWC would seek board approval on June 13, 2017 giving SWC and the City enough time to execute the Facility Use Permit prior to the first day of camp on June 19. RECOMMENDATION Authorize the City Manager to execute a Facility Use Permit, with a mutual indemnity and hold harmless, between the City of National City and Southwestern Community College District, for youth sailing camps at the National City Aquatic Center during June 2017. FACILITY USE PERMIT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT THIS FACILITY USE PERMIT ("PERMIT") is granted to Southwestern Community College District (the "APPLICANT") by the CITY OF NATIONAL CITY, a municipal corporation (the "CITY") on this 13th day of June, 2017. RECITALS WHEREAS, the APPLICANT provides safe boating and aquatic recreational activities to members of the general public. WHEREAS, the APPLICANT desires to use the premises commonly known as the National City Aquatic Center, located at 3300 Goesno Place, National City, CA 91950 (the "FACILITY"). WHEREAS, the FACILITY is designed to hold recreational aquatic, safety and environmental programs. WHEREAS, the APPLICANT seeks a permit to use the FACILITY so it can hold introductory sailing camps for youth in the South Bay area. NOW, THEREFORE, THE APPLICANT AGREES THE FOLLOWING TERMS GOVERN THEIR USE OF THE FACILITY: 1. EFFECTIVE DATE AND LENGTH OF PERMIT. This PERMIT will become effective on June 12, 2017. The duration of this PERMIT is for the period of June 12, 2017 through July 7, 2017. 2. USE OF FACILITY. The FACILITY is a 4,700 square foot aquatic center in the National City Marina District and is used for a variety of recreational aquatic, safety and environmental programs. The APPLICANT is permitted to use and occupy the FACILITY to provide two (2), half -day sailing summer camps for youth on Monday through Thursday from 1:00 pm to 4:30 pm during the following dates: • Camp set up and equipment drop off: June 12, 2017 through June 16, 2017 • Camp 1: June 19, 2017 through June 22, 2017 • Camp 2: June 26, 2017 through June 29, 2017 • Camp clean up and equipment removal: July 3, 2017 through July 7, 2017 APPLICANT may use and occupy the FACILITY one (1) hour prior to 1:00 pm and one (1) hour after 4:30 pm for the purpose of daily camp preparations and clean up. APPLICANT's use of the FACILITY is limited to the days and times specified in this paragraph. In the event APPLICANT seeks to adjust FACILITY usage times, the City Manager has the discretion to approve adjustments to the usage times at her sole discretion. APPLICANT understands the CITY may allow others to use the Facilty when not in use by APPLICANT; and, depending on available space and programming, the CITY may have others use the FACILITY at the same time as APPLICANT when CITY determines such use will not interfere with APPLICANT's use. The FACILITY will have the following available for the APPLICANT to use as part of this PERMIT: a Wi-Fi connection, a land -line phone, automatic external defibrillator, first aid kit, television, dvd player, eighteen (18) chairs, six (6) tables, four (4) marine radios, and sixty (60) life jackets in various youth and adult sizes. 3. FINANCIAL SUPPORT. The CITY shall financially support APPLICANT's sailing summer camps at the FACILITY for the camp dates listed in Section 2 above. The CITY shall reimburse the APPLICANT One Thousand Three Hundred Dollars ($1,300.00) for each sailing camp that is successfully completed with a minimum of two (2) paid youth participants. The total reimbursement to the APPLICANT shall not exceed Two Thousand Six Hundred Dollars ($2,600.00). Said funds shall be used to pay costs associated with staffing, liability and worker's compensation insurance, and other operating costs as deemed necessary by the APPLICANT. The APPLICANT shall invoice the CITY at the conclusion of each sailing camp and the CITY shall pay the APPLICANT within thirty (30) days after receipt of an invoice. 4. PROGRAM FEES. Consistent with the camp dates listed in Section 2 of this PERMIT, the APPLICANT shall charge the following fees for youth summer camps held on Monday through Thursday: • National City residents with proof residency: $70 • Non-residents of National City: $100 5. PERMIT FEE. The CITY generally charges a facility use fee. The CITY will accept other consideration in lieu of the facility use fee, which is anticipated to exceed the use fee. The other consideration to be provided by the APPLICANT to use of the FACILITY are: 1) the APPLICANT shall provide summer camps which will be specifically target marketed to National City residents; and, 2) the APPLICANT will provide a discounted rate for National City residents for the summer camps, as listed in Section 4 above. 6. MARKETING. The CITY will assist marketing the summer camps, as follows: create a webpage within the CITY's website dedicated to the FACILITY and programs offered by the APPLICANT with links to the APPLICANT'S webpage, distribute marketing materials to the local school districts and CITY partners, post on the CITY's social media, and place an advertisement in San Diego Family Magazine. 7. JANITORIAL SERVICES. Consistent with the camp dates listed in Section 2 of this PERMIT, the CITY shall provide janitorial services on Monday through Thursday mornings at times mutually agreed to by the parties. The APPLICANT shall provide minor janitorial services after each use of the FACILITY. Minor janitorial services include picking up trash both inside and outside of the FACILITY and leaving the FACILITY in the same clean and orderly condition that the APPLICANT encounters upon APPLICANT'S morning arrival to the FACILITY. Facilities Use Permit — Aquatic Center 2 City of National City and June 2017 Southwestern Community College District 8. PERMIT COORDINATION AND CONTACT. Audrey Denham is hereby designated as the Permit Coordinator for the CITY and will monitor the use of the FACILITY and compliance with this PERMIT. The APPLICANT shall assign a single point of contact to provide supervision and have overall responsibility for the use of the FACILITY and compliance with this PERMIT for the APPLICANT. Patrice Milkovich is hereby designated as the point of contact for the APPLICANT. 9. CONTROL. Neither the CITY nor its officers, officials, agents, employees, or volunteers shall have any control over the conduct of the APPLICANT or any of the APPLICANT'S employees, except as herein set forth. The APPLICANT or the APPLICANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The parties acknowledge that the APPLICANT, its agents, servants, and employees are as to the CITY wholly independent, and that APPLICANT'S obligations to the CITY are solely prescribed by this PERMIT. 10. COMPLIANCE WITH APPLICABLE LAW. The APPLICANT, in the use of the FACILITY as allowed by this PERMIT, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the CITY, whether now in force or subsequently enacted. The APPLICANT and each of its SUBAPPLICANT(S), shall obtain and maintain a current CITY business license prior to and during the use of the FACILITY pursuant to this PERMIT. 11. LICENSES, PERMITS, ETC. The APPLICANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to conduct its programs and summer camps. The APPLICANT represents and covenants that the APPLICANT shall, at its sole cost and expense, keep in effect at all times during the term of this PERMIT, any license, permit, or approval which is legally required for the APPLICANT to conduct its programs and summer camps. 12. 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. Facilities Use Permit — Aquatic Center 3 City of National City and June 2017 Southwestern Community College District 13. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT and CITY agree to defend, indemnify and hold each other and their respective officers, officials, agents, employees, and volunteers harmless 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 (collectively "CLAIMS"), resulting from or arising out of the use of public property or the activity(ies) taken under this PERMIT including but not limited to any of APPLICANT's programs and/or summer camps as described in this PERMIT. APPLICANT and CITY shall indemnify each other only in proportion and to the extent such CLAIMS are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, their respective officers, officials, agents, employees, and volunteers. 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 PERMIT for any alleged or actual omission, act, or negligence under this PERMIT that occurred during the term of this PERMIT. The APPLICANT agrees to have participants in APPLICANT's activities, programs, and/or summer camps sign the CITY's waivers of liability (attached to this PERMIT as Exhibit A) specifically waiving any liability against the CITY, APPLICANT, and each of their respective officers, officials, agents, employees, and volunteers. 14. 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 its officers, officials, agents, employees, and volunteers 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 or its officers, officials, agents, 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 PERMIT. 15. 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 PERMIT, the following insurance policies: A. Automobile Insurance covering all bodily injury and property damage incurred during the term of this PERMIT, 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, officials, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. B. Commercial General Liability Insurance, with minimum limits of either $5,000,000 per occurrence and $10,000,000 aggregate, on an "occurrence" basis, covering all bodily injury, property damage, personal & advertising injury arising out of its operations, work, Facilities Use Permit — Aquatic Center 4 June 2017 Southwestern Community College District City of National City and or performance under this PERMIT. The policy shall name the CITY and its officers, officials, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit shall apply to the location and address noted in the Recitals section above. 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 PERMIT. 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. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, agents, 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. D. This PERMIT 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 such insurance policies in full force and effect at all times during the terms of this PERMIT, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this PERMIT and terminate the PERMIT as provided herein. E. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 16. 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 PERMIT, 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. 17. 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 Facilities Use Permit — Aquatic Center 5 City of National City and June 2017 Southwestern Community College District 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: Kindred Murillo, Ed.D. Supertintendent/President Southwestern Community College District 900 Otay Lakes Road Chula Vista, CA 91910 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. 18. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this PERMIT. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Applicant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 19. 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 FACILITY. The APPLICANT further agrees that in consideration of being permitted the use of the FACILITY, they will save and hold harmless the CITY, its officers, officials, 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 FACILITY and agree to abide by all CITY ordinances and FACILITY rules and policies. The APPLICANT is responsible for any Facilities Use Permit — Aquatic Center 6 City of National City and June 2017 Southwestern Community College District damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said FACILITY. 21. POSSESSORY INTEREST. The APPLICANT recognizes and understands that use of the CITY's FACILITY may create a possessory interest subject to property taxation and that APPLICANT may be subject to the payment of property taxes levied on such interest. APPLICANT further agrees to pay any and all property taxes, if any, assessed against APPLICANT's possessory interest in the CITY's FACILITY during APPLICANT'S use of the CITY's FACILITY pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this PERMIT 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 day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This PERMIT 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 PERMIT are solely for the convenience of the parties hereto, are not a part of this PERMIT, and shall not be used for the interpretation or determination of the validity of this PERMIT or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this PERMIT 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 PERMIT, the terms and conditions of this PERMIT shall control. F. Amendment to this Permit. The terms of this PERMIT 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 PERMIT shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This PERMIT shall be governed by and construed in accordance with the laws of the State of California. I. Audit. This PERMIT may be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the PERMIT, per Government Code Section 8546.7. J. Entire Permit. This PERMIT 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 PERMIT shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Facilities Use Permit — Aquatic Center 7 City of National City and June 2017 Southwestern Community College District L. Subcontractors or Subapplicants. The City is permitting the use of the FACILTIY to the APPLICANT identified in this PERMIT. The APPLICANT shall not subpermit the use of the FACLITYor any portion thereof, unless such subpermitting was part of the original PERMIT or is allowed by the City in writing. To the extent there is a subpermit, the subapplicant(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, the insurance provisions in Section 15, the indemnification and hold harmless provision of Section 13, and the assumption of the risk in Section 19 of this PERMIT. M. 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 PERMIT, (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 PERMIT, (iv) each party and such party's counsel and advisors have reviewed this PERMIT, (v) each party has agreed to enter into this PERMIT 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 PERMIT, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this PERMIT on the date and year first above written. CITY OF NATIONAL CITY By: Leslie Deese, City Manager APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney SOUTHWESTERN COMMUNITY COLLEGE DISTRICT (Signatures of two District officers required) By: Kindred Murillo, Ed.D. Superintendent/President By: Priya Jerome Director of Procurement, Central Services & Risk Management Facilities Use Permit — Aquatic Center 8 City of National City and June 2017 Southwestern Community College District EXHIBIT A �- CALIFORNIA NATIONAL Cfl National City Aquatic Center Summer Camps Participant's Full Name (Last, First) Date of Birth Address Primary Phone # E-mail Emergency Contact Relationship Emergency Phone # Waiver of Liability and Assumption of Risk. With respect to my child(ren)'s voluntary use of the National City Aquatic Center and its facilities (the "Aquatic Center"), managed by the City of National City (the "City") I understand that, as a guest of the Aquatic Center, 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 Aquatic Center, and I hereby agree to assume on behalf of myself and my child(ren) all risk of utilizing the Aquatic Center. I agree on behalf of myself, my child(ren), our heirs, distributes, guardians, legal representatives, and signs, (collectively, the "Releasing Party"), to waive, release, discharge, and hold harmless the City, Southwestern 'eo'ommunity College District ("SWC"), 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 Aquatic Center. 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 Aquatic Center. I hereby agree that the Releasing Party will not make a claim against, sue or prosecute the City or SWC, 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 the City or SWC, 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 Aquatic Center activities. I hereby consent that my child(ren) participate in the Aquatic Center 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 National City Aquatic Center • 3300 Goesno Place • National City • CA • 91950 •619-495-0701 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A FACILITY USE PERMIT, WITH A MUTUAL INDEMNITY AND HOLD HARMLESS, BETWEEN THE CITY OF NATIONAL CITY AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR YOUTH SAILING CAMPS AT THE NATIONAL CITY AQUATIC CENTER DURING JUNE 2017 WHEREAS, on March 21, 2017, the City Council authorized an appropriation of $34,170 to support National City Aquatic Center ("NCAC") 2017 summer programs offered by Community Rowing of San Diego, Southwestern Community College District's Crown Cove Aquatic Center, Ocean Connectors, and the South Bay Family YMCA (together referred to as the "Collaborative"); and WHEREAS, City staff received approval to negotiate and execute Facility Use Permits with each member of the Collaborative, as required by City Council Policy 803, (Facility Use Guidelines and Regulations for the Use of Community Centers). Facility Use Permits are approved at the administrative level and the dollar amount for each Facility Use Permit would be within the City Manager's signing authority; and WHEREAS, the NCAC 2017 summer camp programs allow the City to offer low cost camps giving National City youth an opportunity to participate in water sports, pilot summer camps offered by the Collaborative to determine long-term operations, and develop successful future NCAC programs; and WHEREAS, Southwestern Community College District's Crown Cove Aquatic Center (SWC) proposed hosting two, week-long youth sailing camps beginning June 19 and ending June 29, at a reduced rate of $70 for National City residents; and WHEREAS, SWC has requested a mutual indemnity and hold harmless agreement, which staff has determined is in the best interest of both parties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute a Facility Use Permit, with a mutual indemnity and hold harmless, between the City of National City and Southwestern Community College District for youth sailing camps at the National City Aquatic Center during June 2017. PASSED and ADOPTED this 6th day of June, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. DaIla, City Clerk Angil P. Morris -Jones City Attorney