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13-121 - City of Sunnyvale - State of California

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District Agreement and pay any penalties due to District for failure to replace the<br />

swim pool blankets. CONTRACTOR will track and report to the CITY whenever<br />

that is the case.<br />

M. During times when CONTRACTOR is using the pool for programs, all<br />

pool blankets will be removed by CONTRACTOR’s employees, and trained<br />

participants. Training shall be conducted outside <strong>of</strong> regular programming by<br />

CONTRACTOR’s pool manager and documentation shall occur after participant is<br />

competent and understands outlined procedures.<br />

N. CONTRACTOR shall conduct monthly checks on the AED equipment.<br />

These checks will occur no less than once per month and will be submitted to<br />

CITY on the first <strong>of</strong> every month. CITY will provide replacement <strong>of</strong> all expired pads<br />

and batteries as identified by CONTRACTOR.<br />

O. With the permission <strong>of</strong> the CITY, CONTRACTOR may use and store<br />

other aquatic-related equipment at the facility, provided the equipment is not<br />

blocking access to ro<strong>of</strong> ladders. At no time shall aquatic related equipment be<br />

stored in mechanical or electrical rooms.<br />

SECTION 8. SCHEDULE AND FEES. With regard to schedules and fees,<br />

CONTRACTOR shall:<br />

A. Provide a general twelve-month schedule <strong>of</strong> pool use (January through<br />

December) by November 15 for each year this Agreement is in place. The schedule<br />

and fees are subject to approval by the Director or his/her designee.<br />

B. Maintain the minimum number <strong>of</strong> hours <strong>of</strong> swim programs as<br />

identified in Section 6. A. (1-6), for which the Pool and Pool Building is to be kept<br />

open and appropriately supervised, unless otherwise mutually agreed to, in<br />

writing, between both parties.<br />

C. Contractor shall maintain 20<strong>13</strong> resident rate fees for all programs<br />

through December 31, 2014, per the approved 20<strong>13</strong> Fee Schedule.<br />

D. Establish all fees on an annual basis (valid January through<br />

December <strong>of</strong> the current year), including a potential range or percentage increase,<br />

through a market-based approach and consistent with the CITY’s enterprise<br />

philosophy, including resident/non-resident fee differentials and other subsidies<br />

9

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