Item 10 - Facility Use Agreement with Orange County Gold for Aquatics Programming at City Aquatic Facilities

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For any approved non-competitive swim meet conducted pursuant to this Agreement, User shall provide the City with written notice of the anticipated number of participants, staff, volunteers, and spectators expected to be present at the Facilities no less than fourteen(14) calendar days prior to the scheduled meet date. The submitted attendance estimates shall be used by the City to determine appropriate staffing levels, facility setup, and operational needs. The City reserves the right to require adjustments to the meet schedule, staffing, or facility use based on the anticipated attendance. User shall be responsible for managing participant and spectator conduct. Spectators, including parents and guardians, shall remain in designated viewing areas and shall not be permitted on the pool deck unless authorized by City staff. User shall not sell, distribute, or otherwise provide for compensation any food, beverages, concessions, merchandise, or promotional items at the Facilities without the City's prior written approval. This prohibition shall include,but not be limited to, sales conducted by User's employees, agents, representatives, volunteers,participants,parents, or affiliated organizations. User shall not permit any third party to conduct sales, fundraising, or commercial activity at the Facilities in connection with User's programming without the City's prior written consent. A schedule of mutually agreed-upon contracted times for User's facility use at Jerome Pool for May through October 2026 will be determined following execution of this agreement. OC GOLD and the City shall meet in October 2026 to finalize the schedule for November 2026 through April 2027. Upon the completion and operability of the Memorial Park Aquatics Center, OC GOLD may conduct programming at that Facility during dates and times approved by the City. Upon commencement of programming at the Memorial Park Aquatics Center, Jerome Pool shall no longer serve as OC GOLD's primary programming location. However, subject to availability and prior written approval by the City, Jerome Pool may be used as a temporary backup location in the event of Memorial Park Aquatics Center closure, operational disruption, maintenance, emergency conditions, or other circumstances as determined by the City. Any backup use of Jerome Pool shall be subject to applicable fees, staffing availability, and all terms and conditions of this Agreement. The City reserves the right to deny or limit backup use based on operational needs or scheduling priorities. 4. PERSONNEL OC GOLD shall provide qualified, USA Swimming-certified swim coaches for all swim team activities conducted at City of Santa Ana facilities. OC GOLD shall be solely responsible for the supervision, conduct, and control of its employees, agents, representatives, volunteers, and participants at all times.