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HomeMy WebLinkAboutReso - CC - 056-2010RESOLUTION NO�r,_,?ni n RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.2 TO THE AGREEMENT BETWEEN THE CITY AND THE BURLINGAME AQUATIC CLUB, INC. FOR THE PROVISION OF CERTAIN AQUATIC PROGRAMS AT THE BURLINGAME AQUATIC FACILITY WHEREAS, the City of Burlingame (City) and the Burlingame Aquatic Club, Inc. (Club) desire to amend their Agreement dated March 21, 2005, as amended May 5, 2008, to allow Club to continue the current and varied offerings of aquatic programs at the Burlingame Aquatic Center; and WHEREAS, at times there is only one Club coach on deck supervising the pool without the assistance of a certified lifeguard due to personnel scheduling, personnel attending to aquatic patrons, personnel attending to pool equipment, personnel attending to the aquatic facilities or personnel taking personal breaks; and WHEREAS, to facilitate the efficient management and provision of aquatic programs without compromising safety, the Club desires to modify the supervisory personnel attending to aquatic programs to provide more flexibility and to reflect the current actual practice at the Aquatic Facility; and WHEREAS, this revised requirement complies with all regulations and standards for swimming activities supervision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AS FOLLOWS: 1. All facts recited above and in the staff report are true and correct. 2. The City Council approves Amendment No. 2 to the Agreement between the City of Burlingame and the Burlingame Aquatic Club., and authorizes the City manager to execute the Amendment, in the form of Exhibit "A", attached her and incorporated herein by this reference. /2 Cathy Baylock, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 19d' day of July, 2010, and adopted thereafter by the following vote: AYES: Councilmember: BAYLOCR, BROWNRIGG, DEAL, REIGHRAN, NAGEL NOES: Councilmember: NONE ABSENT: Councilmember: NONE Mary Elldn Kdamey; City Clerk second rescuer to be off of the pool deck, provided that he/she remains in a position to respond and assist in any rescue or emergency situation and that all participants in the pool are under the direct supervision of the certified coach/lifeguard on deck. At times when the Club and City are jointly providing activities in the pools, the City -provided lifeguard fulfills the above requirement of the Club. The City will attempt to continue the amount of concurrent pool use as currently exists. If the City is unable to continue this practice, the City and Club shall meet and explore options in an attempt to minimize the financial impacts to the Club. A copy of each coach and lifeguard certification shall be on file with the Club and be subject to inspection pursuant to Section 20 of the Agreement." 2. Except as expressly amended by this Amendment No. 2, all other terms and conditions contained in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 on the day and year first above written. CITY OF BURLINGAME THE BURLINGAME AQUATIC CLUB, INC By City Manager Attest: By City Clerk Approved as to form: By City Attorney President