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13-121 - City of Sunnyvale - State of California

13-121 - City of Sunnyvale - State of California

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(2) When performing duties for the CONTRACTOR, no employee <strong>of</strong><br />

CONTRACTOR shall be deemed to be an employee, agent or representative <strong>of</strong> CITY<br />

at any time or for any purpose whatsoever; and<br />

(3) CONTRACTOR shall require all its employees to be neatly dressed<br />

and courteous at all times, and to refrain from boisterous or objectionable conduct<br />

or littering around and about the Pool, Pool Building and Fremont High School<br />

premises; and<br />

(4) CONTRACTOR shall require and be responsible for any and all<br />

background checks and fingerprinting necessary to comply with Public Resources<br />

Code § 5164 and any other applicable laws.<br />

C. For the purpose <strong>of</strong> tracking service levels, CONTRACTOR shall provide<br />

the CITY with accurate number <strong>of</strong> monthly participants in various swim programs<br />

<strong>of</strong>fered by CONTRACTOR and its employees at the Pool and Pool Building by<br />

January 15 for programs <strong>of</strong>fered July 1 through December 31, and by July 15 for<br />

programs <strong>of</strong>fered January 1 through June 30, or as requested by CITY.<br />

SECTION 7. FACILITY SUPERVISION. With regard to facility supervision,<br />

the CONTRACTOR shall be responsible for operating, managing and supervising<br />

the Pool and Pool Building, including but not limited to the following.<br />

A. Enforce all rules and regulations.<br />

B. Regulate the swimming and conduct <strong>of</strong> the swimmers.<br />

C. Notify the Director or his/her designee <strong>of</strong> any incident, accident or<br />

injury involving removal from the facility <strong>of</strong> a participant or CONTRACTOR<br />

employee by ambulance, police or fire personnel.<br />

D. Supervise the Pool and Pool Building, preserve order, maintain<br />

cleanliness and provide for security <strong>of</strong> the Pool and Pool Building, including<br />

keeping trespassers <strong>of</strong>f <strong>of</strong> the Pool and Pool Building and preventing injury to the<br />

Pool and Pool Building by swimmers and others. During shared-use times with<br />

the District, CONTRACTOR is not responsible for those people accessing the<br />

facility through District’s programs, activities or entryway(s) or for those portions<br />

<strong>of</strong> the pool exclusively used for School District uses.<br />

E. Keep the Pool and Pool Building available for the specified, minimum<br />

7

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