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HomeMy WebLinkAboutReso - CC - 035-2008Attachment "A" RESOLUTION NO. 35-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AMENDMENT NO.1 TO THE AGREEMENT WITH THE BURLINGAME AQUATICS CLUB, INC FOR THE PROVISION OF CERTAIN AQUATICS PROGRAMS AT THE BURLINGAME AQUATIC FACILITY RESOLVED, by the Council of the City of Burlingame, California: WHEREAS, in 2001, the City entered into an agreement with the Burlingame Aquatic Club to conduct programs at the Burlingame Aquatic Center; and WHEREAS, a revised agreement was approved in 2003; and WHEREAS, the Burlingame Aquatic Club, Inc. has been successful in generating interest in aquatics programs and providing learning, training, and competitive opportunities for Burlingame citizens; and WHEREAS, Amendment No. 1 would continue to provide those specified services under revised terms and be in the public interest, NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Burlingame approves Amendment No. 1 to the Agreement with the Burlingame Aquatics Club, Inc for the provision of certain aquatics program at the Burlingame aquatic facility. v. MAYOR I, DORIS MORTENSEN, 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 day ofjtay 5, 2008 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN, NAGEL, O'NAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Attachment `B" AMENDMENT NO.1 TO AGREEMENT WITH THE BURLINGAME AQUATIC CLUB, INC FOR THE PROVISION OF CERTAIN AQUATIC PROGRAMS AT THE BURLINGAME AQUATIC FACILITY THIS AMENDMENT NO. 1, made and entered into this day of 2008, by and between the CITY OF BURLINGAME, a municipal corporation [hereinafter 'Burlingame"], and THE BURLINGAME AQUATIC CLUB, INC., a California non-profit, public benefit corporation (hereinafter "Club"), amends the Agreement between the parties dated March 21, 2005 [hereinafter collectively "Agreement"]. RECITALS WHEREAS, Burlingame and Club desire to amend and extend the Agreement to allow Club to continue the current offering of aquatic programs at the Burlingame Aquatic Center; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Extension of Tenn of Agreement. The term of the Agreement shall be extended from April 1, 2008 to March 31, 2011. 2. Section 5.3 (Lifeguard, Coaches, and Certifications) is clarified to read as follows: As a minimum standard, Club will be required to have on deck at all tunes during any Club Swim Activity or other aquatic meet, aquatic event, or other aquatic activity conducted by the Club at the Aquatic Facility either (A) a certified lifeguard who is not assigned any other responsibilities in addition to watching the pool or (B) at least two coaches who are in possession of valid lifeguard certificates. At times when the Club and City are jointly providing activities in the pool, 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 below. 3. Section 7.3 (Emergency Suspension of Service) of the Agreement is amended to read as follows: In the event of conditions which could threaten the safety of employees, members or the public, services shall immediately be suspended This may be caused by either the Club suspending services and notifying the City immediately of the conditions or by the City closing the facility and immediately notifying the Club of the conditions and anticipated actions. 0 5. 91 Section 7.6 (Use of Premises) of the Agreement is amended to read as follows: All use of Premises by Club shall be in accordance with the Burlingame Aquatic Center Policies and Procedures manual most recently signed by representatives of the City, the Club and the District. (The current version of the Policies and Procedures Manual is attached to this Agreement as Exhibit B for reference.) However, in instances where this manual conflicts with the explicitly stated provisions of this Agreement, this Agreement shall supersede the manual. Section 9.4.6. (Insurer's Rating) of the Agreement is amended to read as follows: 9.4.6 Insurer's Rating. Insurance is to be placed with insurers authorized to do business in the State of California and with a current A.M. Best's rating of no less than A -:VII. Section 14. (Compensation) of the Agreement is amended to read as follows: 14. Compensation Club shall compensate the City as follows: The compensation for each year during the term of this Agreement shall be established on April 1 of each year by multiplying $37,000 by a fraction, the numerator of which is the Index as defined below, published for the month of December immediately prior to that April 1, and the denominator of which is the Index published for December, 2006. "Index" means the Consumer Price Index - All Urban Consumers (CPI -U), All Items, for San Francisco -Oakland -San Jose, CA (1982-84=100) published by the U.S. Department of Labor, Bureau of Labor Statistics. Should the Index no longer be published, the parties shall select a comparable index that the parties determine measures the increase and decrease in the cost of living in the San Francisco -Oakland -San Jose area. 14.1. Quarterly Payments. In payment for this Agreement, Club agrees to pay City as follows: Rental Period Payment Percentage Payment Date April -June 20% June 30' July -September 40% September 30th October -December 20% December 318` January -March 20% March 318` 14.2 Early Termination. Should this Agreement be terminated pursuant to Section 16 or 17 below before the end of a complete Agreement year, Club shall pay City the full amount due for the Agreement year pursuant to this Section 14. 7. Section 25. (Notices) of the Agreement is amended to read For Club as follows: Terry Hom, President The Burlingame Aquatic Club Inc. 405 Primrose Road, #300 Burlingame, CA 94010 8. Except as expressly amended by this Amendment No. 1, all other terms and conditions contained in the Agreement shall remain in full force and effect. IN WIINESS WHEREOF, the parties have executed this Amendment No. 1 on the day and year first above written. CITY OF BURLINGAME THE BURLINGAME AQUATIC CLUB, INC By_ Attest: By_ City Manager City Clerk Approved as to form: By City Attorney IC President