HomeMy WebLinkAboutCS 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
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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
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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,
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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:
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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
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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
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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
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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
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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
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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:
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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
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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
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APPROVED AS TO FORM:
APPROVED AS TO FORM:
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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
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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: