13-121 - City of Sunnyvale - State of California
13-121 - City of Sunnyvale - State of California
13-121 - City of Sunnyvale - State of California
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Page 3 <strong>of</strong> 11<br />
DISCUSSION<br />
The first part <strong>of</strong> this section details the proposed contractor, agreement and<br />
programs that would be <strong>of</strong>fered were the <strong>City</strong> to use <strong>California</strong> Sports Center to<br />
provide the public swim program at the Fremont High School Pool. The second<br />
part <strong>of</strong> the Discussion section details how the public swim programs would be<br />
<strong>of</strong>fered were the <strong>City</strong> to provide the service directly.<br />
OPTION OF CALIFORNIA SPORTS CENTER PROVIDING PUBLIC SWIM<br />
PROGRAMS<br />
Overview <strong>of</strong> Agreement<br />
The proposed Agreement (Attachment A) is similar to the previous agreements<br />
for operation <strong>of</strong> the Fremont Pool. The proposed term <strong>of</strong> the new agreement is<br />
six years, commencing September 1, 20<strong>13</strong> and ending August 31, 2019. The<br />
Agreement allows for two additional three-year extensions by mutual<br />
agreement <strong>of</strong> the <strong>City</strong> and the Contractor. The Contractor will organize,<br />
establish and conduct fee-based swimming programs which include specifically<br />
required program elements (instructional lessons, CSC Masters Swim, local<br />
swim teams, open swim and lap swimming).<br />
With the exception <strong>of</strong> adult lap swimming and open swim, program schedules<br />
are to be set by the Contractor. The Contractor submits a general twelve-month<br />
schedule <strong>of</strong> pool use by November 15 for each year this Agreement is in place.<br />
The schedule and fees are subject to approval by the Director <strong>of</strong> Library and<br />
Community Services. The <strong>City</strong>, in turn, is responsible for the maintenance and<br />
infrastructure needs <strong>of</strong> the pool (through its agreement with the School<br />
District) and the pool building. The <strong>City</strong> is also responsible for purchasing and<br />
replacing certain equipment, such as diving boards, ADA compliant pool lift,<br />
lane lines and pool blankets. Thirty-five parking spaces are to be reserved for<br />
pool use, as detailed in the <strong>City</strong>-District Agreement.<br />
Based on recommendations by the Office <strong>of</strong> the <strong>City</strong> Attorney and the <strong>City</strong>’s<br />
Risk Manager, the required amount <strong>of</strong> insurance that the Contractor must<br />
maintain has been increased to $5 million per occurrence and $10 million<br />
annual aggregate for bodily injury, personal injury and property damage to<br />
reflect the significant exposure inherent in operating swim programs. The<br />
contract does not place a requirement on the Contractor regarding the level <strong>of</strong><br />
insurance that the Contractor, in turn, requires <strong>of</strong> its renters.<br />
Qualifications <strong>of</strong> <strong>California</strong> Sports Center<br />
Since 1991, CSC a <strong>California</strong> S-Corporation has been providing aquatics,<br />
gymnastics and dance programs throughout the general San Jose area.<br />
Currently, CSC operates eight different sports training facilities in <strong>Sunnyvale</strong>,<br />
San Jose, Morgan Hill and Santa Clara. One <strong>of</strong> their locations is a contract<br />
with the <strong>City</strong> <strong>of</strong> <strong>Sunnyvale</strong> to provide the gymnastics instruction for all<br />
recreational gymnastics classes at the <strong>City</strong>’s Indoor Sports Center. CSC has<br />
successfully operated the Fremont Pool since its opening in 2002, developing