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CS Aquatic Program Services; NovatoAGREEMENT FOR THE PROVISION OF AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX This Agreement is made and entered into this S?� day of Dee- - , 2016, by and between the CITY OF SAN RAFAEL (hereinafter "SAN RAFAEL") and the CITY OF NOVATO (hereinafter "NOVATO") for Aquatic Program Services. WHEREAS, NOVATO is the owner of the Hamilton Pool Complex, a public pool and related facilities located at 203 El Bonito Drive, Novato, California (hereinafter referred to as the "FACILITIES"); and WHEREAS, NOVATO currently lacks the personnel to operate the FACILITIES; and WHEREAS, SAN RAFAEL, having a fully functional Aquatics Program, is in a position to support NOVATO in its program operation of the FACILITIES; and WHEREAS, SAN RAFAEL can provide staffing, supervision, program expertise, and customer service; and WHEREAS, NOVATO requires such services to continue to make the FACILITIES available to the public; and WHEREAS, NOVATO and SAN RAFAEL have successfully executed Agreements for Aquatic Program Services since 2011; and WHEREAS, NOVATO and SAN RAFAEL share common goals of providing excellent community recreation services, and being responsive to local needs; and WHEREAS, NOVATO and SAN RAFAEL working together to operate the Hamilton Pool demonstrate fiscally responsible practices by both public agencies; and WHEREAS, NOVATO is able to provide aquatics services without increasing year round staffing and incurring aquatics program management costs; and WHEREAS, NOVATO strives to offer a variety of active recreation opportunities in support of our resident's health; and WHEREAS, a community pool, with a comprehensive aquatics program, including swim instruction and lifeguard training, is an investment in the safety of our residents; and -� I) - 6O� WHEREAS, SAN RAFAEL will be able to offer seasonal aquatics personnel expanded work hours by operating an additional pool at Hamilton, sharing personnel between two public pool facilities, helping to sustain a well-trained and stable work force throughout the swim season; and WHEREAS, SAN RAFAEL, in the spirit of collaboration between two governmental bodies, has offered to assist NOVATO with the operation of the FACILITIES for community uses. NOW, THEREFORE, the parties agree as follows 1. Puruose. The purpose of this Agreement is to define the scope of aquatic program services to be provided to NOVATO by SAN RAFAEL, set forth the compensation to be paid to SAN RAFAEL for such services, and enumerate other related provisions that will contribute to the mutual benefit of the parties to this Agreement. 2. Term. This Agreement shall commence on April 1, 2017 and shall expire on November 30, 2021 unless terminated earlier or extended as provided herein. A. Option. The parties shall have the option to extend this Agreement on the same terms for an additional period of five years, upon written notice to extend the Agreement provided from NOVATO Parks, Recreation and Community Services Director or designee, to SAN RAFAEL not less than six (6) months prior to the end of the Term. B. Early Termination. Either party may terminate this Agreement prior to the end of the Term or any renewal thereof, by written notice to the other party, at least 60 days in advance of the date of termination. In the event that either party terminates this Agreement, each party agrees to be solely responsible for any costs incurred by their agency that are associated with planned aquatics program and facility management. 3. Scone of Services. NOVATO and SAN RAFAEL agree that services and responsibilities shall be assumed and performed by each party as described herein. Changes in services and responsibilities must be negotiated and mutually agreed upon by both parties. A. Site. The FACILITIES consist of two pools --a main pool and a wading pool with water feature, surrounding deck area, a bathhouse and office (including showers, restroom facilities, and storage space), a grassy area and picnic tables, gas barbecue grill, and K hillside charcoal grills, enclosed within the pool site fencing. Additionally, there are two parking areas to support the pool including one American with Disabilities Act accessible parking area immediately adjacent to the bathhouse, and a main parking area on the hill top above the pool, as more particularly described in Exhibit A, attached hereto and incorporated herein. B. Program. (1) SAN RAFAEL agrees to provide the aquatics program described in Exhibit B attached hereto and incorporated herein ("the Program"), as per the schedule described in Exhibit B ("the Program Schedule"), and to make the Program available to the public. Peak summer season runs Memorial Day weekend through Labor Day, with shoulder month's hours dependent on staffing levels, and weather conditions, to insure safety. Open hours may change due to weather conditions, staffing availability, and other unforeseen facility or personnel events. The aquatics program components will include, but not be limited to, swim instruction, recreation swimming, lap swim opportunities, and community rentals. NOVATO reserves the right to bring summer camp participants to the site at no charge to participants for up to two times per week. These visits will be scheduled and coordinated in advance with SAN RAFAEL to minimize overcrowding and ensure that there are no adverse impacts to pool staffing. (2) NOVATO shall have the authority to utilize the FACILITIES for any programming or events outside of and not in conflict with the Program Schedule. (3) In addition to the services to be provided by SAN RAFAEL for the Program as set forth herein, NOVATO may request supplementary staff services from SAN RAFAEL for the purpose of programs and events outside the scope of this Agreement. SAN RAFAEL shall be reimbursed for any such additional staff services according to SAN RAFAEL's direct costs, plus 10% for administration. C. Staff. SAN RAFAEL agrees to recruit, hire, train, supervise, schedule, and provide payroll services and worker's compensation benefits for employees required to operate the Program, including the recruitment, training, supervision and scheduling of the Aquatics Coordinator. SAN RAFAEL will adhere to all procedures, policies, codes, and certification requirements consistent with SAN RAFAEL personnel policies, standards in the aquatics industry, and recommendations by the American Red Cross, Marin County Health Department, CAL OSHA and other regulatory bodies and agencies, relevant to the program operation of the FACILITIES, and comply with all applicable laws, statutes, ordinances and governmental rules, regulations or requirements. D. Program Promotion and Registration. (1) NOVATO and SAN RAFAEL shall be mutually responsible for promoting and publicizing the FACILITIES, the Program, and the Program Schedule, including, but not limited to, 3 utilizing each City's respective web site presence, as well as news media, print material, data base communication and public outreach. (2) SAN RAFAEL shall conduct program registration utilizing SAN RAFAEL's web site, fax, and telephone, and in-person procedures at the FACILITIES. (3) NOVATO shall refer participants to the SAN RAFAEL registration procedures through a link on NOVATO's web page. (4) Registration materials shall include a standard Release Agreement in favor of NOVATO and SAN RAFAEL requiring patrons to hold harmless each City in the event of personal injury or property damage resulting from action or inaction of either City, or condition of FACILITIES. E. Maintenance of FACILITIES. (1) NOVATO shall provide all regular and routine maintenance of the FACILITIES related to the operation of the pools, pool furnishings, landscape, landscape furnishings, and building interiors and exteriors. The term "regular and routine" shall mean routine expenditures in connection with the use of the physical plant such as cleaning, disinfecting, heating, lighting, water, and similar items which are regularly incurred, and for operating repairs to the fixed equipment, swimming pools, buildings, heating system, plumbing, hardware, and emergency repairs of similar nature. (2) NOVATO shall provide all utility, water, electrical, gas, telephone, and garbage disposal services to the FACILITIES, at its sole expense. (3) SAN RAFAEL shall notify NOVATO of dangerous, hazardous or unsafe conditions immediately upon discovery and shall prevent public exposure to such by means of notification and/or identification with proper signage and separation. (4) NOVATO shall provide timely repairs to pools, furnishings, landscape, landscape furnishings, buildings and equipment, and shall respond immediately to dangerous, hazardous or unsafe conditions. (5) NOVATO shall provide garbage receptacles and disposal to serve the FACILITIES. (6) NOVATO shall provide all cleaning equipment, materials, soaps and restroom paper products, and stock the same at the FACILITIES. (7) NOVATO shall provide weekly custodial service for deep cleaning of the FACILITIES. (8) SAN RAFAEL shall provide daily maintenance services limited to: 4 Deck sweeping and/or water spray cleaning; Daily pool cover installation and removal; Garbage receptacle emptying within the pool area perimeter; Litter pick-up within both the fenced pool area and bathhouse, and the immediate grounds surrounding the FACILITIES, including parking lots adjacent to pool; Restroom toilet, sink, shower, floor surface disinfection; and Office sweeping and surface wipe down. (9) SAN RAFAEL shall prepare and conduct a daily opening and closing procedure, which shall include, but not be limited to the following: Visual check of the water feature for proper water pressure and functioning; Opening and closing of the gate across the pool access road off of Hangar Avenue; and Placing the pool covers on the main pool daily except when weather or other conditions make it unsafe to do so. (10) NOVATO will perform pool cleaning, grounds maintenance and janitorial services on Friday mornings during the swim season (March through September), unless otherwise agreed upon with SAN RAFAEL. Each agency agrees to meet before the opening and after the closing of each swim season and during the swim season as deemed necessary to; maintain frequent communication updates by phone or email during the swim season, and meet as needed, to discuss and address pool and staff related matters. F. Equipment. (1) NOVATO shall provide all fixed pool equipment and furnishings, including but not limited to two automated external defibrillators, no less than forty (40) lawn chaises, two (2) picnic tables, two (2) on deck picnic tables, locks for picnic tables, 6 shade umbrellas six (6) permanent BBQs on the hillside, one (1) gas BBQ for use near the bathhouse, an information display kiosk for placement near the ADA parking lot entry, and other items mutually agreed upon. (2) SAN RAFAEL shall keep kiosk information current and attractive and shall post thereon information, including, but not limited to, Hamilton Pool open hours, Hamilton Pool swim lesson information, and Hamilton Pool event happenings. (3) SAN RAFAEL shall purchase all required office, safety, and first aid equipment utilized by SAN RAFAEL staff, including but not limited to uniforms, backboard and rescue tubes, flotation devices, cash register, safe and other office items as required. (4) NOVATO shall be responsible for the replacement of any equipment at the FACILITIES required to maintain health and safety standards at the physical pool site. This shall include but is not limited 5 to pools and pump motor parts, pool covers, chemicals, ladders, restroom equipment and supplies, etc., except for such replacement made necessary by the negligence of SAN RAFAEL. (5) NOVATO shall provide WIFI service to the site to facilitate financial transactions and data recording conducted by SAN RAFAEL during the course of pool operations. G. Vending Services. (1) SAN RAFAEL shall independently contract for food/beverage vending machines within the site. Vending equipment shall be installed prior to pool opening and removed at the end of the Program season. Said vending shall be pursuant to a contract in a form approved by NOVATO. (2) SAN RAFAEL shall retain any and all revenue generated by the site vending contract. (3) NOVATO may independently contract for foodibeverage service from mobile vending trucks which will serve the FACILITIES. NOVATO will be responsible for issuing permits and any applicable agreements for same and shall retain any and all revenue generated from such permits and/or agreements. H. Fees. (1) Fees for use of the FACILITIES shall be as provided in Exhibit C, attached hereto and incorporated herein. (2) SAN RAFAEL shall collect, deposit, and record fees daily. (3) Patrons shall receive a receipt for payment and/or a daily admission wrist band as proof of payment for Program or admission. (4) SAN RAFAEL shall provide NOVATO with a monthly written account of all revenues received in the operation of the FACILITIES within 90 days of the end of swim season each year. I. Pool Rental. (1) NOVATO shall have the authority to rent the FACILITIES to third parties and collect rental fees for use of the pools by third parties in an amount determined by NOVATO. (2) Rental agreements shall not conflict with the Program Schedule. (3) NOVATO may request staff services from SAN RAFAEL for the purpose of rental events. SAN RAFAEL shall be reimbursed for its staff services at rental events according to SAN RAFAEL's direct costs, plus 10% for administration. (4) Third -party rental agreements must include proof of insurance from the third party lessee demonstrating possession of general liability insurance by the third party lessee in an amount not less D than two million dollars. An insurance endorsement shall be provided adding as additional insureds under the third party's policy the City of SAN RAFAEL its officers, agents and employees and the City of NOVATO, and its officials, officers, agents, employees, and volunteers. 4. Closure/Reduction in Hours of Operation. It is understood that pools, bathhouse, grounds, office and storage facilities included in the FACILITIES may be closed for reasons out of the control of NOVATO, which may include, but are not limited to, unforeseen actions of third parties, catastrophic damage to FACILITIES which require closure for health or safety reasons, and unanticipated and/or extraordinary maintenance costs which result in unbudgeted expenses and/or capital costs for immediate improvements. If a portion or all of the FACILITIES are closed, or operational hours reduced from the Program Schedule agreed upon as Exhibit B, NOVATO shall have no financial responsibility to SAN RAFAEL or program participants. In such event, both parties shall attempt to resolve outstanding issues due to closure or reduction in hours, or if unable to do so, shall agree to terminate this Agreement as provided for in Section 2 or as otherwise mutually agreed by the parties. 5. Reporting. A. Expenditures and Revenues. SAN RAFAEL shall submit to NOVATO, within 90 days of the end of each Program year and closure of the FACILITIES, a report outlining expenditures and revenues directly attributable to the operations of the FACILITIES. The report shall be reviewed and approved by the NOVATO Parks, Recreation and Community Services Director. If the Director determines that additional information is necessary in order that the financial report be approved, SAN RAFAEL shall provide that information to the Director within 30 days of the request for such information. B. Program. SAN RAFAEL shall submit to NOVATO, within 90 days of the end of each Program year and closure of the FACILITIES, a report outlining the Program as delivered and patronage of each of the individual parts of the Program. The Program Report shall also include evaluation and recommendations for future scope of the Program. C. Patron Responses. NOVATO shall be responsible for designing, collecting, collating and evaluating any patron program response(s) deemed valuable for use as an evaluation tool, and will provide SAN RAFAEL with the data results by November 30 of each year; likewise, SAN RAFAEL shall administer an annual program 7 evaluation of swim instruction participants and provide summarized results or responses to help guide program decisions, highlight satisfaction areas, and inform annual report SAN RAFAEL presents to NOVATO by November 30th of each year. D. Marketing. SAN RAFAEL shall submit to NOVATO for approval, prior to December 30 of each year, a marketing plan describing the promotional and incentive purchase plans recommended for the upcoming operational season including season pass sales, social media promotions and discounted offers and effective dates. NOVATO shall have the right to approve or reject the marketing plan, in whole or part in its sole discretion. E. Major Incidents. SAN RAFAEL shall contact NOVATO immediately when a major incident occurs at the pool. A major incident includes any incident where a guest or SAN RAFAEL or NOVATO employee is injured, or any incident which requires Police or Fire emergency personnel to be called to the site. A detailed incident report shall be submitted by SAN RAFAEL to NOVATO describing the details of the incident and the names of employees who handled, witnessed or were involved in the event. Police reports may only be shared with preauthorized SAN RAFAEL employees. 6. Pavment for Services. In exchange for and in consideration of the aquatic program management services to be performed by SAN RAFAEL hereunder, NOVATO agrees that SAN RAFAEL shall retain 100% of all fees collected associated with the direct costs of delivery of the programs, services and vending described in this Agreement, except pool rental by NOVATO, up to the recovery of all direct costs associated with the performance by SAN RAFAEL of this Agreement. As an additional payment for the services provided by SAN RAFAEL pursuant to this Agreement, if revenue exceeds direct costs, SAN RAFAEL and NOVATO shall equally divide the balance. NOVATO shall not be liable for any additional SAN RAFAEL expenses, except as otherwise specifically provided herein and/or as approved in advance by the NOVATO Parks, Recreation and Community Services Director, or his/her designee. 7. Indemnification and Hold Harmless. The Parties agree to the following: A. Indemnification of SAN RAFAEL. NOVATO agrees to protect, defend, indemnify, and hold harmless SAN RAFAEL, its officers, elected officials, agents, and employees, from any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including L -*3 attorneys' fees and disbursements) caused by or occurring by reason of any act and/or omission of NOVATO, its directors, officials, officers, employees, agents, and/or volunteers, arising out of or in connection with, the performance of this Agreement, including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding. B. Indemnification of NOVATO. SAN RAFAEL agrees to protect, defend, indemnify, and hold harmless NOVATO, its officers, elected officials, agents, and employees, from any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any act and/or omission of SAN RAFAEL, its directors, officials, officers, employees, agents, and/or volunteers, arising out of or in connection with, the performance of this Agreement, including but not limited to any personal injury, death, and/or property damage claim, demand, lawsuit or other proceeding. C. Concurrent Negligence. In the event of concurrent negligence of NOVATO and SAN RAFAEL, and/or their respective officers, agents and/or employees, then the liability for any and all claims for injuries or damages which arise out of that concurrent negligence, shall be apportional under the "California Theory of Comparative Negligence" (as presently established, or as may be hereafter modified). The duty to indemnify shall include the duties defined as set forth in Section 2778 of the California Civil Code. D. Survival. The provisions of this Section 7 shall survive the termination or expiration of this Agreement. E. No Third -party Rights. Nothing contained in this section or this Agreement shall be construed to create a liability to or a right of indemnification in any third party. 8. Insurance A. SAN RAFAEL. Without limiting the indemnification provisions herein, SAN RAFAEL shall provide comprehensive general public liability and/or umbrella liability coverage for a minimum of $5,000,000.00. SAN RAFAEL, as permitted under State law, is self-insured for general liability up to $500,000.00, and has excess liability coverage through the California Joint Powers Risk Management Authority under a Memorandum of Coverage. SAN RAFAEL will provide NOVATO with a Certificate of Coverage naming NOVATO as an additional covered party under such Memorandum of Coverage during the term of this Agreement, in the amount D of $4,500,000 in excess of SAN RAFAEL'S selfinsured retention amount. Should such excess liability coverage be canceled during the term of this Agreement, SAN RAFAEL shall notify NOVATO and NOVATO shall have the option to terminate this Agreement. B. NOVATO. Without limiting the indemnification provisions herein, NOVATO shall provide comprehensive general public liability and/or umbrella liability coverage for a minimum of $5,000,000.00. NOVATO, under State law, is self-insured for general liability up to $500,000.00 and has excess liability coverage through the Bay Cities Joint Powers Insurance Authority under a Memorandum of Coverage. NOVATO shall provide SAN RAFAEL with a Certificate of Coverage naming SAN RAFAEL as an additional covered party under such Memorandum of Coverage during the term of this Agreement, in the amount of $4,500,000 in excess of NOVATO'S self-insured retention amount. Should such excess liability coverage be canceled during the term of this Agreement, NOVATO shall notify SAN RAFAEL and SAN RAFAEL shall have the option to terminate this Agreement. 9. Third -Party Action Notification. Each party to this Agreement shall give the other prompt notice in writing of any action or suit filed, and prompt notice of any claim made against the other party by any person or entity that may result in litigation related in any way to the services performed pursuant to this Agreement. 10. Severabilitv. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations pursuant to this Agreement shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of this Agreement is in direct conflict with any statutory provision of the State of California, that provision shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 11. Non -Waiver. A waiver by either party of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 12. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses below, or to such other addresses as the parties may hereafter designate in writing: 10 TO THE CITY OF SAN RAFAEL: Carlene McCart, Director San Rafael Community Services 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 TO THE CITY OF NOVATO: Pam Shinault, Director Novato Parks, Recreation, and Community Services 922 Machin Avenue Novato, California 94945-5054 Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when so mailed or hand delivered at the addresses specified above. 13. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term of expiration of this Agreement and shall be binding on the parties to this Agreement. 14. Governine Law. This Agreement shall be governed by and construed in accordance with the laws, rules and regulations of the State of California. 15. Compliance with Law. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 16. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 17. Filing. A copy of this Agreement shall be filed with both the SAN RAFAEL and the NOVATO City Clerk's offices. 18. No Emplovment Relationship. SAN RAFAEL and NOVATO understand and expressly agree that in connection with this Agreement, each agency bears full responsibility for controlling the manner and means by 11 which their respective employees perform work, and for providing all compensation and other employment benefits including payroll taxes and worker's compensation coverage to their respective employees. NOVATO employees are not SAN RAFAEL employees and SAN RAFAEL employees are not NOVATO employees, and employees of either agency shall have no right to, and shall make no claim for, any type of employment benefits or compensation from the other agency. 19. Entire Agreement—Amendments. The terms and conditions of this Agreement represent the entire Agreement of the parties with respect to the subject matter of this Agreement and supersede any and all prior negotiations, discussions, understandings, and agreements between the parties as to the subject matter hereof. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by SAN RAFAEL and NOVATO. The SAN RAFAEL City Manager, or his/her designee, is authorized to alter or modify the terms and conditions on behalf of SAN RAFAEL as necessary. The NOVATO City Manager, or his/her designee, is authorized to alter or modify the terms and conditions on behalf of NOVATO as necessary. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL 4S TZ, Cit ager ATTEST: ESTHER C. BEIRNE, City Clerk CITY OF NOVATO GAN M. CANDELARIO, City Manager ATTEST: City Clerk 12 APPROVED AS TO FORM: APPROVED AS TO FORM: L-� 4;1&- PFC- ROBERT F. EPSTEIN, ity Atto ey TER, City Attorney Attachments: Exhibit A: Site Description Exhibit B: Program Description and Program Schedule Exhibit C: Fee Schedule for Use 13 Exhibit A AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX Site Description The City of Novato completed in Spring of 2010 a full renovation of the Hamilton Pool Complex site, resulting in two new swimming pools. The main pool has a unique step design that ranges in depth from 3.5' to 9'. The splash pool has a depth ranging from 0 ` to 1.5ft with a unique water play feature including a slide and spray features, along with a spray tunnel. Additional facilities on site include a new bathhouse, office and security check point, solar heating, picnic and barbecue facilities. The property is located at 203 El Bonito Drive, Novato, approximately 1 mile from the entrance to the former Hamilton military base on Nave Drive. The property is reached by traveling on Main Gate Road to Hamilton Parkway and then to San Pablo Road and up the hill on a small service road. The property is graced with mature trees and stunning views of San Pablo Bay. The property is bordered to the south and west by housing owned by the Coast Guard. The aquatics complex is part of a nearly 21 -acre NPFA owned parcel, containing a mix of community recreation amenities. The adjacent and main parking area on the crest of the hillside are each included in this partnership and support the uses of the pool, with a secondary parking area below in South Hamilton Park. Handicapped parking is provided immediately adjacent to the pool on the crest of the hill, providing quick access and emergency vehicle access to the pool's entrance Exhibit B AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX Sample Aquatics Program/ Schedule Public Swim The Hamilton Pool Complex will be open to drop in use by adults and children seven days per week on the schedule provided. For one entry fee individuals, families and groups may access the main pool, splash/activity pool, deck and lawn areas, picnic facilities and utilize the bath houses, restrooms, and vending areas. All facilities will be supervised by certified American Red Cross Lifeguards. Lap Swim Adults and young adults may utilize the Hamilton Pool Complex main pool for lap swimming seven days per week during prescribed morning, mid day and evening hours. Lap swimmers may pay daily admission or purchase a 15 admission pass, good any combination of dates and times, for a reduced rate. Lap swimmers have access to the bath house, restrooms and vending areas. Certified American Red Cross Lifeguards supervise Lap Swim activities. Swim Lessons Children 6 months to 12 years may enroll in group or private swim lessons, scheduled seven days per week during prescribed hours before and during Public Swim. Lessons are 30-45 minutes in duration depending upon skill level. Swimmers are grouped according to skill level from parent/child session for the youngest, through water safety and swim stroke instruction to techniques for competitive swimming. Lessons are taught by trained swim instructors and the pool is supervised by certified American Red Cross Lifeguards. Pool Parties Families may reserved picnic facilities and pre arrange admission for guests of birthday parties, family gatherings and other occasions. Pool Parties are offered during Public Swim Hours. Fees are charged per hour and per guest. Special Events Special Events, sponsored by the City of Novato may be scheduled after Public Swim Hours. San Rafael will provide Lifeguard staff, if available, or Novato may provide their own. Early Spring Schedule Sunday/ Thursday Friday Holiday Monday Tuesday 8-1 lam Lap Lap Swim 6am-9:30am Swim 9:30-11 am Lap Swim 10:30-6pm Closed 9:30-11 am Activity Pool 11-1:30pm Closed 10:30-6pm 11-1:30pm 11-1:30pm Public Swim Lap Swim Lap Swim Activity Pool 11-7pm 11-7pm 11-7:30pm Activity Pool Activity Pool Public Swim 11-7:30pm 11-7:30pm Activity Pool Public Swim Public Swim 5:15- 1-7:30pm 1-7:30pm 7:30pm Lap 5:15-7:30pm Public Swim Swim* Lap Swim* *Memorial Day pool open weekend hours. *Shared Space Early Summer Schedule Wednesday Thursday Friday 6am-9:30am Monday Tuesday Lap Swim 8-11 am Lap 9:30-11 am Swim Closed Lap Swim 11-1:30pm 11-1:30pm 11-1:30pm Lap Swim Lap Swim Lap Swim 11-7pm 11-7pm 11-6pm Activity Pool Activity Pool Activity Pool 11-7:30pm 11-7:30pm 11-6:30pm Public Swim Public Swim Public Swim 5:15-7:30pm 5:15-7:30pm 5:15-6:30pm Lap Swim* Lap Swim* Lap Swim* Sunday/ Holiday Monday Tuesday Wednesday 8-11 am Lap 6am-9:30am Swim Lap Swim 9:30-1 pm 9:30-1 pm 9:30-1 pm 10:30-6pm School Pool School Pool School Pool Activity Pool Parties Parties Parties 10:30-6pm 1-7pm 1-7pm 1-7pm Public Swim Activity Pool Activity Pool Activity Pool 1-7:30pm 1-7:30pm 1-7:30pm 12-5pm Public Swim Public Swim Public Swim Thursday 6am-9:30am Lap Swim 9:30-1 pm School Pool Parties 1-7pm Activity Pool 1-7:30pm Public Swim Friday 9:30-1 pm School Pool Parties 1-6pm Activity Pool 1-6:30pm Public Swim 5:15- 7:30pm Lap 5:15-7:30pm 5:15-7:30pm 5:15-7:30pm 5:15-6:30pm Swim* Lap Swim* Lap Swim* Lap Swim* Lap Swim* *Memorial Day 5/27 pool open weekend hours. *Shared Space Saturday 8-1 lam Lap Swim 10:30-6pm Activity Pool 10:30-6pm Public Swim Saturday 8-11 am Lap Swim 10:30-6pm Activity Pool 10:30-6pm Public Swim 12-5pm Summer Schedule Sunday/ Lap Swim 10:30-6pm Holiday Monday Tuesday Wednesday Thursday 8-11:30am Lap Swim 6am-9:30am 11-7pm 6am-9:30am Lap Swim Lap Swim Lap Swim 10:30-6pm 10-7pm 10-7pm 10-7pm 10-7pm Activity Pool Activity Pool Activity Pool Activity Pool Activity Pool 10:30- 10:30- 10:30- 10:30- 12:15pm 12:15pm 12:15pm 12:15pm 10:30-6pm Group Swim Group Swim Group Swim Group Swim Public Swim Lessons Lessons Lessons Lessons 11-1:30pm 11-1:30pm 11-1:30pm 11-1:30pm 12-5pm Lap Swim* Lap Swim* Lap Swim* Lap Swim* 11-7pm 11-7pm 11-7pm 11-7pm Activity Pool Activity Pool Activity Pool Activity Pool 12-7:30pm 12-7:30pm 12-7:30pm 12-7:30pm Public Swim Public Swim Public Swim Public Swim 5:15- 7:30pm Lap 5:15-7:30pm 5:15-7:30pm 5:15-7:30pm Swim* Lap Swim* Lap Swim* Lap Swim* *July 4 - Independence Day, weekend hours *Shared Space Late Summer Schedule Sunday/ Holiday Monday 8-11:30am Lap Swim 10:30-6pm 11-7pm Activity Pool Activity Pool 10:30-6pm 11-1:30pm Public Swim Lap Swim 11-7pm 12-5pm Activity Pool 12-7:30pm Public Swim ` 5:15- 7.30pm Lap _ Swim* * Labor Day, weekend hours *Shared Space Tuesday Wednesday Thursday 6am-9:30am Lap Swim 11-7pm Activity Pool 11-1:30pm Lap Swim 11-7pm Activity Pool 12-7:30pm Public Swim 11-7pm Activity Pool 11-1:30pm Lap Swim 11-7pm Activity Pool 12-7:30pm Public Swim 6am-9:30am Lap Swim 11-7pm Activity Pool 11-1:30pm Lap Swim 11-7pm Activity Pool 12-7:30pm Public Swim 5.15-7.30pm 5.15-7.30pm 5.15-7.30pm Lap Swim* Lap Swim* Lap Swim* Friday 10-11am Closed for Staff Training 11-6pm Activity Pool <<<< <<O e 11-1:30pm Lap Swim* 11-6pm Activity Pool 12-6:30pm Public Swim 5:15-6:30pm Lap Swim* Friday 10-11am Closed for Staff Training 11-6pm Activity Pool 11-1:30pm Lap Swim 11-6pm Activity Pool 12-6:30pm Public Swim 5.15-6.30 pm Lap Swim* Saturday 8-11:30am Lap Swim 10:30-6pm Activity Pool 10:30-6pm Public Swim 12-5pm Saturday 8-11:30am Lap Swim 10:30-6pm Activity Pool 10:30-6pm Public Swim 12-5pm Fall Schedule Sunday/ Holiday Monday Tuesday 8-11:30am Lap Swim 10:30-6pm Activity Pool Closed Closed 10:30-6pm Public Swim I e _ *September 1 - Labor Day, weeke Shared Space Wednesday Thursday Friday Saturday 11-1:30pm 11-1:30pm 11-1:30pm 8-11:30am Lap Swim Lap Swim Lap Swim Lap Swim 11-7pm 11-7pm 11-6pm 10:30-6pm Activity Pool Activity Pool Activity Pool Activity Pool 12-7:30pm 12-7:30pm 12-6pm 10:30-6pm Public Swim Public Swim Public Swim Public Swim 5:15-7:30 5:15-7:30 5:15-6pm Lap Swim` Lap Swim* Lap Swim` Exhibit C AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX Sample Fee Schedule Dailv Admission $300.00 Novato Residents $220.00 Adult (16 years and older) $5.00 Youth (12 months to 15 years) $4.00 Non Residents $150.00 Adult $9.00 Youth $7.00 Season Passes $300.00 Novato Residents $220.00 Family $275.00 Couple $200.00 Individual $150.00 Senior $130.00 Senior Couple $150.00 Non Residents Family $300.00 Couple $220.00 Individual $165.00 Senior $130.00 Senior couple $150.00 Swim Lessons Novato Residents Swim Lessons (4 classes) $36.00-$44.00 Private Swim Lesson (1-5 lessons) $37.00-$137.00 Non Residents Swim Lesson (4 lessons) $44.00-$48.00 Private Swim Lesson (1-5 lessons) $40.00-$150.00 Pool Parties Pool admission and reserved picnic facilities $38/hr. and $4.00l person CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Services Project Manager: Debbie Younkin Extension: ext 3347 Contractor Name: City of Novato Contractor's Contact: City of Novato; Pam Shinault Contact's Email: pshinault@novato.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLEI DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. PINS notice sent ❑ b. Email contract (in Word) & attachments to City ❑ Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager ❑ b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 I Project Manager I Forward three (3) originals of final agreement to Click here to contractor for their signature I enter a date. 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Date of Council approval 12/5/2016 PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 I Project Manager I Forward signed original agreements to City Attorney with printed copy of this routing form I w 6 I City Attorney I Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds I / p I V 6, (for Public Works Contracts) 8 I City Manager/ Mayor I Agreement executed by Council authorized official 3-S--/71 9 I City Clerk I Attest signatures, retains original agreement and forwards copies to Project Manager 9-1—/1 , RAF,q�I N c'rY WITH ppb ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) -> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 12/5/2016 From: Carlene McCart/Debbie Younkin Department: Community Services Date: 11/3/2016 Topic: Renewal of Agreement with Novato to Operate Hamilton Pool Subject: Agreement for the Provision of Aquatic Program Services by the City of San Rafael to the City of Novato at the Hamilton Pool Complex. Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: Staff Report APPROVALS ® Finance Director Remarks: MM - approved 11/28/16 M City Attorney Remarks: LG -Approved 11/28/16 with changes shown. ® Author, review and accept City Attorney / Finance changes Remarks: ❑ City Manager Remarks: