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HomeMy WebLinkAboutItem 10 - Facility Use Agreement with Orange County Gold for Aquatics Programming at City Aquatic Facilities Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 7, 2026 TOPIC: Approve the Facility Use Agreement with Orange County Gold ("OC Gold") for Aquatics Programming at City Aquatic Facilities AGENDA TITLE Facility Use Agreement with Orange County Gold for Competitive Youth Swim Team Programming at Designated City Aquatics Facilities RECOMMENDED ACTION Authorize the City Manager to execute a facility use agreement with Orange County Gold ("OC Gold") for aquatics programming at designated City aquatic facilities, for a term beginning May 1, 2026, and expiring April 30, 2027, with provisions for two (2), one-year extensions (Agreement A-2026-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The City of Santa Ana Parks, Recreation and Community Services Agency (PRCSA) operates public aquatic facilities that provide recreational and instructional swimming opportunities for the community. In addition to City-operated programs, PRCSA periodically partners with qualified aquatics organizations to expand programming opportunities for youth and enhance utilization of City aquatic facilities. OC Gold is a nonprofit aquatics organization serving youth throughout Orange County. Founded in 1989 and previously known as Orange Regional Competitive Aquatics (ORCA), the organization provides year-round aquatic programming including competitive swim team training, swim technique development, and private competitive swimming instruction. OC Gold has extensive experience operating competitive youth swim programs throughout Orange County and is affiliated with USA Swimming, providing structured training opportunities for swimmers of varying skill levels. Partnering with an established aquatics organization allows the City to expand competitive swimming opportunities for youth without the additional staffing, administrative oversight, and operational resources that would be required to develop and manage a City-operated competitive swim team. This approach enables PRCSA to continue focusing on providing broad community Facility Use Agreement with Orange County Gold ("OC Gold") April 7, 2026 Page 2 aquatics programming, including swim lessons, recreational swim, and water safety education, while leveraging the expertise of a specialized organization to deliver competitive training opportunities. The proposed agreement would allow OC Gold to conduct structured year-round swim team practices and private instructional opportunities at designated City aquatic facilities during scheduled times approved by PRCSA staff. Programming would focus on youth participants and emphasize swimming skill development, water safety, physical conditioning, and sportsmanship. This pilot program will commence in May 2026 at Jerome Pool until the team is able to transition to the new Memorial Park Aquatics Center, once construction is complete. This partnership supports activation of the newly constructed Memorial Park Aquatics Center by introducing structured programming that increases facility utilization and expands recreational opportunities for youth in the community. OC Gold will be responsible for staffing bilingual coaches, participant registration, and program administration. All coaches will be required to meet applicable safety, certification, and insurance requirements established by the City. Additionally, the agreement prohibits OC Gold from conducting unauthorized commercial activities at City facilities. OC Gold will charge monthly dues of$85/participant, in comparison to their $110-$150/month dues in Tustin, Villa Park, and Orange, in order to provide financially accessible programming to the Santa Ana community. The monthly $500 fee assessed by the City will permit OC Gold to use three (3) swimming lanes at either Jerome Pool or Memorial Park Aquatics Center, once available, for approximately 28 hours per month. Additional lanes may be requested at a rate of$17.57 per lane per hour. The proposed rate for non-exclusive use is consistent with industry standards and ensures the City has the flexibility to schedule additional users concurrently under the same framework. Approval of this agreement will expand youth aquatics opportunities, particularly at the newly constructed Memorial Park Aquatics Center, while supporting the City's ongoing efforts to promote water safety, youth recreation, and community wellness. As this agreement is structured as a proof of concept, the agreement term is limited to a maximum of three (3) years, allowing the City to evaluate demand, participation levels, and overall program viability. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The agreement will generate revenue to the City through established facility use fees, at a base rate of$6,000/year. Additional revenue may be generated based on participation levels and additional facility use times and dates beyond those initially established. Facility Use Agreement with Orange County Gold ("OC Gold") April 7, 2026 Page 3 The fees charged for permitting facility use will be deposited into the General Fund to help offset related City costs. EXHIBIT(S) 1. Agreement Executive Summary 2. Facility Use Agreement with Orange County Gold (A-2026-XXX) Submitted By: Hawk V. Scott, Executive Director of Parks, Recreation, and Community Services Agency Approved By: Alvaro Nunez, City Manager Parks, Recreation, and Community Services Agency(PRCSA) Agreement Executive Summary OC Gold Swim Team Facility Use Agreement Highlight of Agreement: One-year pilot agreement with OC Gold Swim Team for the initial development of a homegrown OC Gold-Santa Ana Swim Team PRCSA's Facility Use agreement with OC GOLD Swim Team will provide the following outcomes: Purpose: Establish a pilot partnership with OC Gold Aquatics to introduce competitive youth swim programming in Santa Ana, with the long-term goal of developing a sustainable, homegrown swim team pipeline while activating the Memorial Park Aquatics Center. Scope of Services: OC Gold will provide structured competitive swim team programming, including coaching, athlete development, and program administration for youth participants at designated City aquatic facilities.The City will provide access to facilities, while maintaining oversight of scheduling and compliance. Compensation/Fiscal Impact: The agreement generates base annual revenue of$6,000/yr, with potential for additional revenue based on expanded facility use and participation levels. Revenues will be deposited into the General Fund to offset operational costs, while minimizing City staffing and program delivery expenses. Term: Initial one-year term (May 1, 2026—April 30, 2027)with provisions for two one-year extensions, allowing the City to evaluate the program as a scalable pilot. Compliance& Protections: OC Gold is responsible for staffing, certifications, insurance, and program administration, and must meet all City safety and operational requirements. The agreement includes controls on facility use and restrictions on unauthorized commercial activity, ensuring alignment with City policies and risk management standards. FACILITY USE AGREEMENT WITH ORANGE COUNTY GOLD FOR USE OF JEROME POOL AND MEMORIAL PARK AQUATICS CENTER THIS FACILITY USE AGREEMENT is made and entered into on this April 7,2026 by and between ORANGE COUNTY GOLD, a California non-profit corporation ("User"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). City and User may be collectively referred to as the"Parties"or individually as a"Party." RECITALS A. The User has a need for a venue to conduct swim team activities. B. The City acknowledges the community need for programs such as those offered by User that expand competitive youth athletic opportunities and promote water safety within the City of Santa Ana. C. The Parties have entered into this Agreement for the purpose of setting forth the terms and conditions for the User to use the City's community pool facilities ("Facilities") for the administration of competitive swim team services. The parties agree as follows: 1. GRANT OF PERMISSION AND FACILITIES TO BE USED City hereby grants User the limited, non-exclusive right to utilize designated areas of Jerome Pool and Memorial Park Aquatics Center ("Facilities") to provide youth swim team and aquatics development opportunities pursuant to the Scope of Use set forth in Exhibit A attached hereto and incorporated herein by reference 2. COMPENSATION City acknowledges the public benefit provided by User to the youth of the City of Santa Ana through its advanced aquatics programming not previously available to community members. For the use of the Facilities described in Section 1 of this Agreement, User shall pay City fees as described in further detail in Exhibit A. 3. TERM The term of this Agreement shall begin on May 1, 2026 and terminate on April 30, 2027, unless terminated pursuant to the terms of this Agreement. The term of this Agreement may be extended for Lip to two (2), one (1) year periods upon a writing executed by the City Manager and City Attorney. Page 1 of 5 4. COMPLIANCE WITH RULES AND REGULATIONS User shall use and occupy the Facilities in a safe and careful manner and shall comply with all applicable local, state, and federal laws in its use of and activities in the Facilities, including as to the conduct of its employees, agents, clients, customers, guests, and others using the Facilities by reason of this Agreement.User shall also comply with all rules and regulations of City in effect during its use of the Facilities. Failure to abide by such laws,rules, or regulations,or any condition of this Agreement,may result in the immediate termination of this Agreement in the sole discretion of the City. 5. BACKGROUND CHECKS User shall ensure that all employees, subcontractors, and any volunteers are fingerprinted and background checked prior to conducting any work pursuant to this Agreement. User shall not assign any employee, agent, subcontractor, volunteer or the User personally to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer, or the User personally are required to register as a sex offender under California Penal Code Section 290 et seq,have a conviction for any crime of moral turpitude,have a conviction for a sexual based crime, have a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a),205,206,207-209.5,211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1,266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a,273ab, 273d, 285, 286, 288,288a, 288.2, 288.3,288.4, 288.5,288.7,289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or(b)(2); Business and Professions Code Section 729., 6. INDEMNIFICATION User agrees to and shall indemnify, protect, defend, and hold harmless City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all claims, damages, judgments, attorney's fees, costs and expenses arising out of, involving, or in connection with the use of the Facilities or the acts or omissions of User, its officers, agents, employees, volunteers, guests, or invitees, whether or not such acts or omissions constitute permitted uses of the Facilities. 7. INSURANCE Insurance requirements are attached hereto as Exhibit B. 8. CONFLICT OF INTEREST CLAUSE User covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 2 of 5 9. FORCE MAJUERE In the event that the Facilities are rendered unavailable due to destruction, partial or total, acts of nature, work stoppages or other labor disturbances, civil commotion, war, or any other action by governmental agencies, or for any reason beyond the control of City, City shall have the right to terminate this Agreement without penalty. 10. LICENSES AND PERMITS User represents and warrants that it, and any agents, independent contractors, subcontractors,vendors,or others acting on its behalf under or with respect to this Agreement,will at all times during the term of this Agreement have and maintain in force any and all licenses, permits, or approvals required by law for the conduct of User's activities under this Agreement. 11. DAMAGE TO FACILITIES User shall be liable for any damage to the Facilities caused by any act of negligence of User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. City may, at its option,repair such damage, and User agrees to reimburse City for the total cost of repair. 12. PROPERTY BELONGING TO USER City shall not be responsible for lost, stolen, or damages property belonging to User, its partners, agents, servants, contractors, representatives, guests, employees, invitees, or customers. 13. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and directed to the addresses below or such addresses as either party may later specify in writing. Notice is deemed effective on the date it is given if hand-delivered or received by facsimile that day. Notice given by U.S. mail shall be deemed to have been given three (3) business days after it is deposited in the U.S, mail,postage prepaid and addressed as follows: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(IVI-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza(M-23) P.O. Box 1988 Santa Ana, California 92702 Page 3 of 5 To User: Orange County Gold Attn: Jerry Anthony Olszewski—Head Coach &President 3 Del Perlatto Irvine, CA 92614 jaolszewski@hotmail.com 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and User regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties regarding the use of the Facilities. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of User. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate User or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT User may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. User shall not allow any other person or entity to use the Facilities without the prior written consent of City. 16. TERMINATION This Agreement may be terminated by the City upon thirty(30) days written notice. 17. NONDISCRIMINATION User shall not discriminate because of race,color, creed,religion,sex,marital status,sexual orientation, gender identity,,gender expression, gender, medical conditions, genetic information, or military and veteran status,age,national origin, ancestry,or disability,as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. User affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Page 4 of 5 Orange County,California,shall be the venue for any action or pmeeeding that may be brought or arise out of,in connection with or by reason of this Agrcement. 19. AUTHORITY The Perxan(s) cxecuting this Agreement on behalf of the Panics hereto warn m that they arc duly authorized to execute this Agent on behalf of said Panics and that by so executing this Agreement.the Parties hereto are formally bound to the pro%1sions of this Agreement. IN WITN SS WHER POP,die Parties hereto have executed this Agreement the date and year first above written. ATTEST: CI"I Y OF SAN'TA ANA Jennifer L. Ball Alvaro Nunes - City Clerk- City Itilanagcr APPROVED AS TO FORM: SONIA R. CARVALHO USER: City Attorney - Jonathan T. Martinez Jcrcy, c�ewsht Assistant City Attorney tl h&President RECONINIEND ' OR APPROVAL: ` Ila S tt _. Ci RtLTeatinn and Community SeM es Agency Pap 5of5 EXHIBIT A Scope of Use I. DESCRIPTION OF USE Orange County GOLD Aquatics ("User", "OC GOLD") is a non-profit aquatics organization focused on developing swimmers of all levels for ages 5-18 in the Orange County region.Founded in 1989 and previously known as Orange Regional Competitive Aquatics (ORCA), OC GOLD is a well-established program that offers year-round programs, including a competitive-level USA Swimming-affiliated swim team and advanced aquatics performance training. _OC GOLD may conduct the following two activities at designated areas within permitted City of Santa Ana Facilities: a. OC GOLD Santa Ana Swim Team A structured swim team program offering youth athletes the opportunity to develop and refine competitive swimming skills through structured practices and organized meets. Participants will receive coaching focused on stroke technique, physical conditioning, sportsmanship, and teamwork while fostering personal growth, discipline, and goal-setting. b. OC GOLD Advanced Performance Training This program will provide private,performance-focused instruction for up to three participants at a time,intended to support swimmers in achieving higher levels of technical proficiency and competitive readiness through customized coaching. Ideal for current or aspiring swim team athletes. 2. FACILITIES User is permitted.to operate the programming outlined in this Agreement at the following City of Santa Ana Facilities ("Facilities"): a. Jerome Pool 2216 W. Monta Vista Ave. Santa Ana, CA 92704 b. Memorial Park Aquatics Center 2102 S. Flower St. Santa Ana, CA 92707 User acknowledges that the Memorial Park Aquatics Center pool is not yet completed, and is anticipated to be open by late 2026. User shall use the Facilities solely for the purposes outlined in this Agreement and for no other purpose without the City's prior written consent. User shall not access or use the Facilities unless a City-authorized representative is present. Assigned days, times, and designated areas are subject to modification during the period of this Agreement if required for City programs, maintenance, special events, or other operational needs, as determined by the City in its sole discretion. User shall comply with all applicable federal, state, and local laws, regulations, codes, and ordinances. User shall further comply with all directives issued by City of Santa Ana aquatics personnel and applicable pool rules as may be promulgated from time to time by the City. User hereby acknowledges receipt of and agrees to comply with all current pool rules. The City reserves the right to relocate, reschedule, or suspend User's use if the scheduled Facility becomes inoperable,unsafe, or otherwise unavailable due to maintenance, emergency conditions, or operational necessity, as determined by the City. 3. TERMS OF USE For a period of one (1) year, commencing May 1, 2026 and terminating April 30, 2027 ("Term"), OC GOLD may conduct youth swim team programming during dates, times, and locations mutually agreed upon in writing by both parties. This Agreement may be renewed, at the City's sole discretion, for up to two (2) additional one (1) year terms upon written approval by the City Manager and City Attorney. Nothing herein shall be construed to obligate the City to renew this Agreement. User shall provide the City with a minimum of thirty(30) days prior written notice to request any amendment to the approved program schedule. Requests submitted with less than thirty(30) days' notice may be considered by the City but are not guaranteed and shall be subject to the City's sole discretion. Beginning May 1,2026, OC GOLD shall be provided three(3)City-designated 25-yard swimming lanes at Jerome Pool during contracted times for the administration of youth swim team practices. Up to ten (10) participants shall occupy a single swimming lane at any time, for a maximum of thirty (30) participants across three (3) lanes, unless otherwise approved in writing by the City. Additional dates, hours, or lanes of use shall be subject to prior written request and approval by the City in its sole discretion. User shall only conduct dryland or land-based training activities in City-approved areas. User will be allotted a fifteen (15) minute grace period immediately before and after each scheduled Facility use for participant arrival and departure. Occupancy beyond the grace period shall be subject to additional fees, assessed in accordance with the City's adopted fee schedule and staff time required. During the Term, OC GOLD may conduct one(1)non-competitive swim meet per calendar month. Requested non-competitive swim meet dates,locations,and required pool space must be submitted to the City in writing no less than thirty(30) days in advance and are subject to City approval. All participants, including non-competitive swim meet attendees, shall execute the City of Santa Ana aquatics waiver prior to facility entry. Participants under the age of eighteen (IS) must have the waiver executed by a parent or legal guardian. Executed waivers shall remain valid and on file for the duration of the Term. 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. User shall ensure that a qualified OC GOLD coach or authorized representative remains on deck at all times during program operation. A minimum supervision ratio of one (1) coach per 15 participants shall be maintained unless otherwise approved in writing by the City. User shall not permit any third party, independent contractor, parent, or participant to provide swim instruction or conduct aquatic programming at the Facilities without prior written approval from the City. User shall not sublicense, assign, or otherwise permit third parties to utilize the Facilities for aquatic programming under this Agreement without prior written approval by the City. OC GOLD shall ensure that all employees, agents, and representatives who work with or are in proximity to minors have successfully completed background screening and any other required certifications in compliance with applicable federal, state, and USA Swimming requirements. OC GOLD represents and warrants that such personnel are legally eligible and suitable to work with minors. User shall comply with all applicable USA Swimming SafeSport policies and safeguarding requirements related to the supervision of minors. User shall ensure that no OC GOLD personnel engage in one-on-one supervision of a minor in locker rooms, restrooms, or other private areas at the Facilities.User shall maintain appropriate supervision of participants at all times in all areas of the Facility, including locker rooms, spectator areas, and pool deck spaces. OC GOLD shall be responsible for any injuries, losses, or damages arising out of or related to swim team programming activities except to the extent caused by sole negligence or willful misconduct of the City. Fully certified City of Santa Ana lifeguard personnel shall be present during all OC GOLD pool use. Lifeguards shall retain authority over water safety and emergency response. OC GOLD acknowledges that City lifeguards are not responsible for participant instruction or program supervision. OC GOLD shall pay all costs associated with required lifeguard coverage in accordance with the most current City Council-approved Adopted Miscellaneous Fees Schedule and shall reimburse the City for all aquatics staffing provided in connection with User's activities. City of Santa Ana Aquatics staff shall conduct facility opening and closing procedures and manage pool transitions as necessary. City staff shall maintain required pool chemical levels and ensure compliance with applicable health and safety regulations during OC GOLD's scheduled use. The City reserves the right to immediately suspend aquatic activities due to weather conditions, air quality concerns, pool water quality, mechanical failure, contamination events, or any other condition deemed unsafe for continued use, as determined by the City in its sole discretion. All User personnel shall comply with the City of Santa Ana Emergency Action Plan(EAP) for the Facility in use and shall immediately follow the direction of City lifeguard personnel during any emergency response. Upon activation of an emergency response, User personnel shall clear the pool and pool deck as directed and shall not interfere with rescue operations or emergency personnel access. 5. EQUIPMENT User shall be solely responsible for providing and maintaining all swim team-related equipment, including,but not limited to,kickboards, timing devices,writing instruments, and other program- specific materials. Storage of OC GOLD swim team equipment at the Facilities maybe requested in writing and shall be subject to prior written approval by the City. Approval, if granted, may be revoked at the City's discretion. Any equipment stored at City Facilities must be well-maintained and kept orderly. Locker rooms, when available, may be used for daily operational purposes only. No equipment, materials, or personal property shall be stored in locker rooms overnight. The City assumes no responsibility or liability for any equipment, materials, or personal items stored at or left at the Facilities. User may display program-related banners or signage at the Facilities only with the City's prior written approval. All proposed banners shall be either jointly produced in coordination with the City in accordance with the City's style guide standards or submitted by User for review and approval prior to installation. User shall be solely responsible for all costs associated with the design, production, and installation of approved banners or signage. Approved banners shall be limited to designated display areas as determined by the City and shall comply with all size, content,placement, and installation requirements established by the City.All banners and signage shall be installed and removed in a manner that does not damage City property. User shall be responsible for any damage resulting from the installation, display, or removal of such materials. The City reserves the right to require the removal of any banner or signage at any time, in its sole discretion. The City shall be responsible for the availability and routine maintenance of City-owned pool and safety equipment necessary for general facility operations. User shall promptly notify the City's Public Works Department, Parks Maintenance Division, of any building or facility issues, including damage, vandalism, or theft. In the event that any damage to City-owned Facilities or equipment results from the negligent or willful acts or omissions of User, its officers, employees, agents, contractors, representatives, or participants, User shall reimburse the City for the full cost of repair or replacement, as determined by the City. 6. PAYMENT The User shall pay a base fee of Five Hundred Dollars ($500.00)per month for the use of three(3) consecutive City-designated 25-yard lap swimming lanes, for a total annual base fee of Six Thousand Dollars ($6,000) during the Term. If the User requests and receives written approval for additional lanes and/or additional .hours beyond the contracted schedule,User shall pay Seventeen Dollars and Fifty-Seven Cents($17.57) per lane per hour, or such other rate as may be established by the City Council-approved Adopted Miscellaneous Fees Schedule in effect at the time of use. User shall be responsible for all costs associated with required City lifeguard personnel and any additional aquatics staffing necessary for User's activities, in accordance with the most current City Council-approved Adopted Miscellaneous Fees Schedule. In addition to lane usage and staffing fees, User shall remit to the City a fee equal to five percent (5%) of total gross monthly participant dues collected for the swim team program during any month in which either of the following conditions occurs: a. Thirty(30) or more participants are registered in the program during that month; or b. At the conclusion of the Term. User shall provide monthly enrollment verification and a report of gross participant dues upon request by the City. The City shall issue invoices for all assessed fees on a monthly basis(or other agreed billing cycle). User shall remit payment within thirty(30) calendar days of invoice date. Late payments may be subject to penalties or interest as permitted by law. 7. NO EXCLUSIVE RIGHTS Nothing in this Agreement shall be construed to grant User any exclusive rights to use the Facilities or any portion thereof. The City reserves the right to schedule, operate, and permit the use of the Facilities by other individuals, organizations, or programs at any time, including during the Term of this Agreement. User acknowledges that its use of the Facilities is non-exclusive and subordinate to City programs, maintenance activities, special events, or other operational needs, as determined by the City in its sole discretion. Nothing in this Agreement shall be interpreted to create any priority scheduling rights, continued use rights, or expectation of renewal beyond the Term stated herein. EXHIBIT B Insurance Requirements Insurance Requirements User shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE User shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. • Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, User shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than$1,000,000 per occurrence or claim. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code I (any auto),with combined single limits of$1,000,000. In the event User does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): As required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if User has no employees. If User maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL, SAML and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the User including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by User for City. 3. All required insurance policies: For any claims related to this contract, User's insurance coverage shall be primary and any insurance maintained by City, its City Council;its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that User's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require User to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage User shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive User's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date,User must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors User shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Userr shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits,based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances.