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