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 of the swimming programs, pool, or related activities, including collection of monies. G. “Pool” means the Fremont High School Swim Pool, a 50-meter by 25- yard pool, located at 1283 Sunnyvale-Saratoga Road, Sunnyvale, California. H. "Pool Building" means a single-story structure, located at the north end of Fremont High School Pool (approximately 2,800 sq. ft. in size containing locker rooms, lavatories, offices, lifeguard control room, teaching/training room, and storage rooms) located at 1283 Sunnyvale-Saratoga Road, Sunnyvale, California. I. "Swimmers" mean members of the public using the pool facilities. J. "Shall" is mandatory. K. “Hours” mean any block of time in the water. L. “Lane Hour” means any one (1) hour block of time in each 25-yard or 50-meter swimming lane assigned. M. “Sunnyvale-based group” means any non-profit group whose primary purpose is to serve Sunnyvale residents, whose membership consists of a minimum of 60% Sunnyvale residents, and whose board of directors is comprised of a minimum of 50% Sunnyvale residents. N. “Sunnyvale-based business” means any business with a physical presence in Sunnyvale and with a business license from the CITY. O. “Swim team” means any organization registered with a recognized U.S. National Governing Body (NGB) for their defined aquatics program. All users/participants shall be individual members of the NGB. If no such governing body exists for the activity, none shall be required. SECTION 2. TIME FOR PERFORMANCE. The term of this Agreement shall be six years, beginning on September 1, 2013 or the date of contract execution, whichever occurs last. Agreement may be extended for two additional three-year periods by mutual agreement of the parties. Parties shall meet and confer eighteen (18) months prior to the expiration of the Agreement with regard to extending the Agreement. 2
SECTION 3. EXCLUSIVE USE. CITY grants to CONTRACTOR the exclusive use of the Pool Building and the CITY’s portion of the Pool to be occupied only for publicly-offered, aquatic-related programs and as a related on-site office, and for no other purpose. CONTRACTOR shall occupy and operate the Pool Building and CITY’s portion of Pool under this Agreement, consistent with the City–District Agreement. CONTRACTOR is granted the exclusive right to provide all public swimming programs at the Fremont High School Pool other than those provided by CITY or its employees in connection with programs authorized and mutually agreed to by the Director and CONTRACTOR. The hours of operation will be daily between 5:00 a.m. and 10:00 p.m. with specific pool use, including shared or joint use as outlined in the City-District Agreement, unless agreed upon by the School District, CITY and CONTRACTOR, and except during times of closure due to maintenance and repairs, bad weather conditions, or as modified by written agreement of the parties. SECTION 4. PRIVILEGES AND DUTIES OF CONTRACTOR. CONTRACTOR shall perform each duty and obligation imposed herein in full compliance with the Sunnyvale Municipal Code and other ordinances of CITY, and all applicable laws of the County of Santa Clara, State of California and the United States of America and the terms of the City-District Agreement. Specifically, CONTRACTOR shall: A. Obtain and pay for any business license or permit required by the Sunnyvale Municipal Code (as it currently exists or as hereafter amended) or any other CITY ordinance, or law of the County of Santa Clara or State of California or the United States of America. B. Pay any and all taxes including, but not limited to, personal property taxes, and sales and use taxes assessed against CONTRACTOR, or any possessory interest in the Pool and Pool Building, including inventories used in performing the duties and obligations under this Agreement. SECTION 5. SCOPE OF PROGRAMMING. CONTRACTOR shall: 3
Page 1 and 2: Template rev. 10/2012 REPORT TO MAY
Page 3 and 4: Page 3 of 11 DISCUSSION The first p
Page 5 and 6: Page 5 of 11 Water Exercise Instr
Page 7 and 8: Page 7 of 11 6-Year Comparison of P
Page 9 and 10: Page 9 of 11 PUBLIC CONTACT Public
Page 11 and 12: Attachments Page 11 of 11 A. Draft
Page 13: DRAFT AGREEMENT BETWEEN THE CITY OF
Page 17 and 18: water safety instruction) for the p
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Page 21 and 22: District Agreement and pay any pena
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Page 27 and 28: B. Reimburse the CONTRACTOR for wai
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Page 39 and 40: RFP No. F0610-34 - Sunnyvale Swim C
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January 25, 2013 Corporate office:
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California Sports Center About the
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13. Name: Patricia Schaechter on Ja
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Sunnyvale Resident?: no, but I am a
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65. Name: Park Chamberlain on Jan 1
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93. Name: Anonymous on Jan 18, 2013
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120. Name: Anonymous on Jan 18, 201
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Sunnyvale Resident?: yes Comments:
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175. Name: Lesley Wynne on Jan 19,
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programs for all. 204. Name: James
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Powered by TCPDF (www.tcpdf.org) Co
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Aquatics Staff requirements CSC Aqu
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Dave Peterson 832 Malone Rd. San Jo
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• Developed swimmers at our site
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California Sports Center, San Jose,
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Proposed Mid August to November Sch
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5:30-6:00 Proposed Mid August to No
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Proposed December to January Schedu
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Proposed February to Mid June Sched
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Proposed Mid June to Mid August Sch
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Adult Coached Programs-specific Int
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California Sports Center Yearly Ope
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Staff Handbook California Sports Ce
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Customer Service Survey 2012 number
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Sample City Schedule Adult Lap Swim
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ATTACHMENT D City of Sunnyvale Comm
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REVENUE City of Sunnyvale Community
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REVENUE City of Sunnyvale Community
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Attachment E
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Parks and Recreation Commission Min
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13-121 - City of Sunnyvale - State of California

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