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13-121 - City of Sunnyvale - State of California

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lessons and instructions in swimming; or (2) to assist in the day-to-day operation<br />

<strong>of</strong> the swimming programs, pool, or related activities, including collection <strong>of</strong><br />

monies.<br />

G. “Pool” means the Fremont High School Swim Pool, a 50-meter by 25-<br />

yard pool, located at 1283 <strong>Sunnyvale</strong>-Saratoga Road, <strong>Sunnyvale</strong>, <strong>California</strong>.<br />

H. "Pool Building" means a single-story structure, located at the north end<br />

<strong>of</strong> Fremont High School Pool (approximately 2,800 sq. ft. in size containing locker<br />

rooms, lavatories, <strong>of</strong>fices, lifeguard control room, teaching/training room, and<br />

storage rooms) located at 1283 <strong>Sunnyvale</strong>-Saratoga Road, <strong>Sunnyvale</strong>, <strong>California</strong>.<br />

I. "Swimmers" mean members <strong>of</strong> the public using the pool facilities.<br />

J. "Shall" is mandatory.<br />

K. “Hours” mean any block <strong>of</strong> time in the water.<br />

L. “Lane Hour” means any one (1) hour block <strong>of</strong> time in each 25-yard or<br />

50-meter swimming lane assigned.<br />

M. “<strong>Sunnyvale</strong>-based group” means any non-pr<strong>of</strong>it group whose primary<br />

purpose is to serve <strong>Sunnyvale</strong> residents, whose membership consists <strong>of</strong><br />

a minimum <strong>of</strong> 60% <strong>Sunnyvale</strong> residents, and whose board <strong>of</strong> directors<br />

is comprised <strong>of</strong> a minimum <strong>of</strong> 50% <strong>Sunnyvale</strong> residents.<br />

N. “<strong>Sunnyvale</strong>-based business” means any business with a physical<br />

presence in <strong>Sunnyvale</strong> and with a business license from the CITY.<br />

O. “Swim team” means any organization registered with a recognized U.S.<br />

National Governing Body (NGB) for their defined aquatics program. All<br />

users/participants shall be individual members <strong>of</strong> the NGB. If no such<br />

governing body exists for the activity, none shall be required.<br />

SECTION 2. TIME FOR PERFORMANCE. The term <strong>of</strong> this Agreement shall<br />

be six years, beginning on September 1, 20<strong>13</strong> or the date <strong>of</strong> contract execution,<br />

whichever occurs last. Agreement may be extended for two additional three-year<br />

periods by mutual agreement <strong>of</strong> the parties. Parties shall meet and confer<br />

eighteen (18) months prior to the expiration <strong>of</strong> the Agreement with regard to<br />

extending the Agreement.<br />

2

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