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HomeMy WebLinkAbout1990-04-17 - AGENDA REPORTS - AMATEUR ATHLETIC GRANT AGMT (2)AGENDA REPORT City Manager Approval 1,4V Item to be presented by: CONSENT CALENDAR Jeff Kolin DATE: SUBJECT: DEPARTMENT: BACKGROUND APRIL 17, 1990 AMATEUR ATHLETIC FOUNDATION GRANT AGREEMENT FOR SUMMER SWIM '90 PROGRAM n A PARKS AND RECREATI The Amateur Athletic Foundation has sponsored a summer swim program which introduces novice swimmers to competitive swimming. The City of Santa Clarita has participated in the A.A.F. summer swim competitive program with the County of Los Angeles for the past two summer swimming seasons. This year the Amateur Athletic Foundation has agreed to continue the summer swim program directly with the City of Santa Clarita. This was necessitated, since the City has assumed responsibility for the direct provision of aquatic programs from the County of Los Angeles. The Summer Swim 190 Program will be offered at each of the City's five swimming pools. The program consists of instructional services offered from 11:00 a.m. to 12:00 noon daily, Monday through Friday, for a two-week period in which participants will be instructed in the four competitive swim strokes. A minimum of one class per pool will be offered during the four sessions of the eight-week summer season. This would provide for a minimum of 200 participants to participate in the instructional program. The grant amount for the Summer Swim 190 Program is $7,109. The grant requires no matching funds from the City of Santa Clarita. Funds will be used to pay for part-time staff wages, and equipment and supplies necessary to conduct the program. Staff is currently examining the need for a low-cost or free entry level competitive swim program for novice swimmers who have completed the A.A.F. instructional competitive swim program. The A.A.F. program includes a culminating meet, which is based on qualifying times of the swimmers who have participated in the instructional competitive program. Plans are currently being developed, and a cost analysis completed for the provision of a one-hour novice competitive swim practice period at two of the City's swimming pools. APPROVED Agenda Item:., RECOMMENDATION It is recommended that the City Council accept the Amateur Athletic Foundation Grant in the amount of $7,109, and authorize the City Manager to execute the agreement. ATTACHMENTS Grant Agreement Summer Swim 190 Proposal City Attorney Analysis Ms. Cecilia Foley Recreation Superintendent City.of Santa Clarita 23920 Valencia Blvd., Suite 300 .Santa Clarita, CA 91355 Re: Amateur Athletic Foundation Grant Agreement Dear Cecilia: Enclosed with this letter is your original of the Amateur Athletic Foundation Grant Agreement, Program No. 9118. As we discussed by telephone, the agreement is approved by the City Attorney as to form. Please note that there are various requirements and conditions put upon the receipt of this money. Some of the affirmative actions required by the City will be the maintenance of receipts and expenditures, pursuant to paragraph 4; the acknowledgment of the Foundation in publicity, pursuant to paragraph 6; reports and records which will be made available to the Foundation, pursuant to paragraph 7; and progress and final reports to be furnished on July 31 and September 15, pursuant to Schedule D. Please note also that Exhibit 1 is a sample letter from the City to the Foundation, and is not to be executed at this time. LAW OFFICES BURKE, WILLIAMS & SORENSEN ONE WILSHIRE BUILDING MARTIN J. BURKE' GREGORY A. DOCIMO 624 SOUTH GRAND AVENUE, IITM FLOOR VENTU RA COUNTY OFFICE JAMES T. BRADSHAW, JR.' ELIZABETH L HANNA 2310 PONDEROSA DRIVE MARK C. ALLEN, JR.' KATHRYN P, PETERS LOS ANGELES, CALIFORNIA 90017 SUITE I MARTIN L. BURKE' LISA E. KRANITZ (213) 236-0600 CAMARILLO, CALIFORNIA 93010 CARL K. NEWTON' KIM E. MCNALLY - (805) 987-3468 J. ROBERT FLANDRICK' DENNIS 1. FLOYD NORMAN E. GAARt LINDA L. DAUBE TELECOPIER: (213) 235-2700 EDWARD M. FOX' M. LOIS BOBAK ORANGE COUNTY OFFICE DENNIS P, BURKE' ROBERT V. WADDEN 3200 BRISTOL STREET LELAND C. COLLEY' FRANK H. WHITEHEAD, III HARRY C. WILLIAMS SUITE 640 COLIN LENNARD' SCOTT H. CAMPBELL (1912-1967) COSTA MESA, CALIFORNIA 92626 THOMAS J. FEELEY' MARYANN LINK GOODKIND (714) 545-5559 NEIL F. YEAGER* TIMOTHY B, MCOSKER ROYAL M. SORENSEN BRIAN A. PIERIK' DIANA L. FIELD (1914-1983) CHARLES M. CALDERON' RITA J. TAYLOR LIGHTON PLAZA PETER M. THORSON' STEVEN J. DAWSON 7300 COLLEGE BOULEVARD JERRY M. PATTERSON JAMES F. RIGALI SUITE 220 HAROLD A. BRIDGES' JAMES R. FELTON OVERLAND PARK, KANSAS 66210 CHERYL J. KANE' TERRY P. KAUFMANN (913) 339-6200 RAYMOND J. FUENTES' STEPHEN R. ONSTOT March 21 1990 VIRGINIA R. PESOLA JAIME AREVALO S. PAUL BRUGUERA F. DANIELS CRAWFORD, S OF COUNSEL B. DEREK STRAATSMA MARIANNE WOO DWIGHT A. NEWELL DOUGLAS C. HOLLAND JOHN E. CAVANAUGH DON G. KIRCHER MARK D. HENSLEY MICHELE VADON-RIVERA PETER D. TREMBLAY WRITER'S DIRECT DIAL SCOTT F. FIELD C. MICHAEL ZWEIBACK 213-236-2832 MARY REDUS GAYLE' ROGER T, ITO RUFUS C. YOUNG, JR. 02012-001 OUR FILE NO. 'PROFESSIONAL CORPORATION to PROFESSIONAL ASSOCIATION ADMITTED KANSAS & MISSOURI ADMITTED KANSAS Ms. Cecilia Foley Recreation Superintendent City.of Santa Clarita 23920 Valencia Blvd., Suite 300 .Santa Clarita, CA 91355 Re: Amateur Athletic Foundation Grant Agreement Dear Cecilia: Enclosed with this letter is your original of the Amateur Athletic Foundation Grant Agreement, Program No. 9118. As we discussed by telephone, the agreement is approved by the City Attorney as to form. Please note that there are various requirements and conditions put upon the receipt of this money. Some of the affirmative actions required by the City will be the maintenance of receipts and expenditures, pursuant to paragraph 4; the acknowledgment of the Foundation in publicity, pursuant to paragraph 6; reports and records which will be made available to the Foundation, pursuant to paragraph 7; and progress and final reports to be furnished on July 31 and September 15, pursuant to Schedule D. Please note also that Exhibit 1 is a sample letter from the City to the Foundation, and is not to be executed at this time. Ms. Cecilia Foley March 21, 1990 Page 2 If you have any comments or questions, please do not hesitate to contact me. Sincerely, TIMOTHY B. McOSKER for BURKE, WILLIAMS & SORENSEN TBM/sjw tbm/LTR16230 Enclosures cc: Jeff Kolin, Parks & Recreation Director Carl K. Newton, City Attorney March 2, 1990 AMATEUR HLETIC )UNDATION - LOS ANGELES Mr. Jeff Kolin, Director City of Santa Clarita Department of Parks and Recreation 23920 Valencia Boulevard Santa Clarita, California 91355 RE: SUMMER SWIM'90 Dear Jeff: I have enclosed the final Grant Agreement for SUMMER SWIM '90 to be signed and returned to us. You only need to sign page 8 of this Agreement. Please DO NOT sign EXHIBIT "1" as this will be prepared for signature when the grant period ends. After the Agreement has been signed by the Foundation, we will send you an executed copy for your files. If you have any questions, please contact us at (213) 730-9629. We look forward to another terrific year of SUMMER SWIM. Sincerely, Judith Pinero Vice President Grants and Programs Enclosure RECE ED, MAR N 1090 2141 West Adams Boulevard Telephone: 213 730-9600 A Legacy of the Games of the XXlllyd Olymplad Los Angeles, CA 90018-2040 Telex: 9102409846 © 1986 AMATEUR ATHLETIC FOUNDATION OF LA. FAX: 213 730-9637 Program No. 9118 NON -CAPITAL GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by and between the AMATEUR ATHLETIC FOUNDATION OF LOS ANGELES (the "Founda- tion") and the CITY OF SANTA CLARITA, A MUNICIPAL CORPORATION, DEPARTMENT OF PARKS AND RECREATION (the "Grantee"), acting through its Department of Parks and Recreation. RECITALS A. The Foundation, a California nonprofit public benefit corporation, is organized for the purpose of aiding and assisting, through contributions and otherwise, amateur sports programs, primarily for youth, in the Southern Califor- nia area and desires to make a grant to the Grantee in furtherance of that pur- pose. B. The Grantee is willing to accept such grant on the terms and conditions of this Agreement. TERMS & CONDITIONS In consideration of the facts recited above and the mutual covenants, conditions and representations set forth herein, the parties agree and covenant as follows: L. Grant. Subject to the provisions of this Agreement, the Founda- tion hereby agrees to grant the sum of not more than $7,109 (the "Grant") to the Grantee for the purposes set forth on Schedule A attached hereto. The Foundation shall have no obligation, however, to segregate or set aside any funds or assets for the payment of the Grant. The Grantee shall use the Grant solely for the purposes, and for organizing, implementing and conducting the program (the 'Program"), set forth on Schedule A attached hereto. Notwithstanding any other provision of this Agreement, the Grant shall be used only for charitable and educational purposes qualifying under Section 170(c)(2)(B) of the Internal Reve- nue Code of 1986, as amended (the "Code"), and neither the Grant nor the income therefrom may be used for purposes other than those so described. Subject to the provisions of Paragraphs 3 and 8 herein, the Grant shall be payable as set forth on Schedule B attached hereto. The Grantee covenants that it will hold all unexpended amounts of the Grant in interest-bearing bank accounts with the bank or banks set forth on Exhibit B attached hereto. 2. Program. As an inducement to the Foundation to make the Grant, the Grantee has previously submitted a written proposal (the 'Proposal') to the Foundation, which Proposal includes a description of the Program. The Grantee acknowledges that the Grant is expressly made in reliance on the Proposal and a review of financial information and a final budget submitted by the Grantee. Accordingly, the Grantee shall notify the Foundation immediately, in writing, of any material change in the facts set forth in the Proposal or in any other infor- mation or document submitted to the Foundation. Without the advance written consent of the Foundation, the Grantee shall not expend any part of the Grant or interest thereon whether for any purpose or item in excess of the amount budgeted for such purpose or item on the final budget for the Program submitted by the Grantee to the Foundation. I Conditions to Grant. Except as such conditions may be waived in writing by the Foundation, the Foundation's obligations to make the Grant and, if the Grant is payable in installments, to pay each installment thereof shall be subject to each of the following conditions: (a) All necessary approvals and consents to the payment of the Grant shall, to the satisfaction of the Foundation, have been obtained and not revoked. (b) No legal, administrative or other proceeding shall be pending that questions the legality of the Grant. (c) The conditions set forth on Schedule C attached hereto shall have been fully satisfied. 4. Covenants of Grantee. The Grantee covenants with the Foundation as follows: (a) To repay any portion of the Grant which is not used for the purposes of the Grant. (b) To submit to the Foundation full and complete at least peri- odic reports, not less frequently than annual, on the manner in which the Grant is spent and the progress made in accomplishing the purposes of the Grant. (c) To maintain records of receipts and expenditures and to make its books and records relating to the Grant available to the Foundation at reasonable times. 2 (d) Not to use any of the Grant (i) to carry on propaganda, or otherwise to attempt, to influence legislation (within the meaning of Sec- tion .4945(d)(1) of the Code), (ii) to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registra- tion drive (within the meaning of Section 4945(d)(2) of the Code), (iii) to make any grant which does not comply with the requirements of Section 4945(d)(3) or (4) of the Code or (iv) to undertake any activity for any purpose other than one specified in Section 170(c)(2)(B) of the Code. (e) In the performance of this Agreement, the expenditure of the Grant and the organization, implementation and conduct of the Program (i) to comply with all applicable laws, regulations and union agreements to which it is bound and (ii) not to discriminate on the basis of race, color, na- tional origin, age, sex, sexual orientation, marital status, creed, reli- gion, citizenship, ancestry or political affiliation. (f) Without the prior written approval of the Foundation, and except for salaries specifically identified in the Proposal, not to transfer or pay, whether or not for value, any portion of the Grant to (i) any person or entity who directly or indirectly controls, is controlled by or is under common control with the Grantee, (ii) any person or entity who is an offi- cer, employee, partner or trustee of, or serves in a similar capacity with respect to, the Grantee or (iii) any person or entity of which the Grantee or any of its officers, employees, partners or trustees is the beneficial owner of 5% or more of the equity interests therein. 5. Representations of Grantee. The Grantee represents and warrants to the Foundation that: (a) The Grantee is a municipal corporation ("City") acting through its Department of Parks and Recreation, located at 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355, duly formed, validly existing and in good standing under the laws of the State of California, and has the legal power and authority to conduct its business, to own its prop- erties and to execute and deliver, and to perform its obligations under, this Agreement. 3 (b) This Agreement has been duly authorized, executed and deliv- ered by the Grantee, and constitutes a legal, valid and binding obligation of the Grantee for the benefit of the Foundation. (c) All proceedings legally required to be taken by the Grantee in connection with the authorization of this Agreement and of the transac- tions related thereto, and all approvals, authorizations, consents and other orders of public boards or bodies as may be legally required to be obtained by the Grantee prior to the date hereof with respect to all or any of such matters, have been taken or obtained. (d) The execution and delivery of this Agreement by the Grantee, and the performance by the Grantee of its obligations hereunder, do not (i) violate any provisions of the Articles of Incorporation, Bylaws or other governing instrument of the Grantee, (ii) violate any law, rule or regula- tion having applicability to the Grantee or any order, writ, judgment, decree, determination or award to which the Grantee is a party or (iii) result in the breach of or constitute a default under any agreement, lease or instrument to which the Grantee is a party or by which the Grantee is bound. (e) No audit, investigation, proceeding or other inquiry is pending by the Internal Revenue Service, the Franchise Tax Board or the Attorney General of any state with respect. to the Grantee or any affiliated organization, and no legal, administrative or other proceeding is pending that questions the legality of the Grant, except as is disclosed on Schedule C attached hereto. 6. Publicity. All promotional and advertising materials, including announcements, brochures, publications, films, videotapes, exhibitions and visual materials, produced or authorized by the Grantee relating to the Program shall, to the extent directed by the Foundation, give credit .to the Foundation at least as prominent as that given any other person, organization or entity which makes a grant or contribution of funds to the Grantee. The Foundation shall have the right, but not the obligation, to review in advance and approve the contents of all press announcements issued by the Grantee, the planning of all press events, and the contents of all promotional and advertising materials relating to the Grant and the Program. The Foundation may, in its discretion, also publish and distribute promotional materials relating to the Program and the Grant. The 4 Grantee shall have no right to use any symbol, logo, trade name or trademark of the Foundation without the Foundation's advance written consent. 7. Reports and Records. The Grantee agrees to submit such reports, in addition to the reports required under Paragraph 4(b) hereof, as may ..be re- quested by the Foundation, in such form as the Foundation may prescribe at rea- sonable intervals, relating to the Grantee's performance of or ability to fulfill its obligations under this Agreement. Notwithstanding the foregoing, the Grantee shall timely submit such reports as are described on Schedule D attached hereto. The Grantee shall maintain complete, accurate and current records of all income and expenses relating to the Program and the Grant. During the term of this Agreement and at any time within two (2) years thereafter, the Grantee shall make such records available upon request to the Foundation for review, copying and audit. In addition, the Grantee agrees to cooperate fully with the Foundation, and to allow the Foundation and any person designated by it full and complete access to the facilities, activities and operations of the Grantee, for the purpose of auditing, monitoring and evaluating the Program, the Grant and the compliance of the Grantee with the terms and conditions of this Agreement. 8. Termination. The Foundation shall have the right to terminate this Agreement and the Grant in the event the Foundation determines that the Grantee (a) has misrepresented any material fact or supplied false or misleading material information to the Foundation in the Proposal or otherwise in regard to this Agreement or the Grant, (b) has diverted any_payments made under this Agree- ment to a purpose other than that permitted hereunder, (c) has failed to maintain or provide any material records or reports required to be maintained or provided hereunder, (d) has failed to abide by any other term or condition of this Agree- ment or (e) has terminated, abandoned, cancelled or substantially altered, or is likely to terminate, abandon, cancel or substantially alter, the Program. Upon termination of this Agreement by the Foundation, the Foundation shall be relieved from making any further payments to the Grantee in regard to the Grant and, if such termination is pursuant to clause (a), (b), (c) or (e) above, may require the Grantee to refund any or all payments of the Grant theretofore made. The foregoing remedies of the Foundation are in addition to any other remedies pro- vided by law, and all such remedies shall be cumulative and not exclusive. 9. No Liability. The Grantee shall indemnify, defend and hold the Foundation harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out 5 of or incident to the performance of this Agreement or the planning, arranging, implementing, sponsoring or conducting of. the Program or any other program or activity by the Grantee., IN NO CASE SHALL THE FOUNDATION BE LIABLE TO THE. GRANTEE = OR ANY THIRD PARTY FOR CON- SE- QUENTIAL DAMAGES. The Foundation shall have no liability for any debts,.liabili- ties, deficits or cost overruns of the Grantee. It is expressly understood by the parties that no director, member, officer, employee or other representative of the Foundation shall - incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement or any subsequent agreement between the parties regarding the subject matter hereof. The parties agree that the liability of the Foundation hereunder shall be limited to the payment of the Grant pursuant to the terms and conditions of this Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grant- ee in connection with the Program or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the Foundation shall have no obligation or liability whatsoever thereunder or with respect thereto. The Grantee covenants that all contracts to which it shall become a party in regard to the Program and/or the Grant shall include the following clause: "It is expressly agreed and understood that neither the Amateur Athletics Foundation of Los Angeles (the 'Foundation') nor any direc- tor, member, officer, employee or other repre- sentative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement, and that the foregoing provi- sions concerning financial responsibility or liability shall be expressly included in and made a part of any and all agreements between the parties subsequent to this Agreement." 10. Insurance. The Grantee represents and warrants that (a) it is, and will continue to be, adequately insured against all risks, including such risks as would be covered by fire and property damage, worker's compensation, automobile and comprehensive general liability insurance, with respect to the conduct of the Program and all other programs and activities of the Grantee and (b) the premises and facilities of third parties where the Grantee conducts and will conduct its programs and activities also are and will be so adequately insured, except as expressly set forth on Schedule C attached hereto. Upon demand of the Foundation, the Grantee shall furnish the Foundation the policy or policies of insurance or a certificate of insurance or other written evidence C • satisfactory to the Foundation, evidencing the insurance carried by or otherwise benefiting the Grantee. The Grantee covenants that it will cause the Foundation to be added as an additional insured on all policies of insurance carried by the Grantee. 11. Other Provisions. This Agreement and the Proposal together con- stitute the entire agreement of the parties with respect to the subject matter hereof, and the provisions hereof and thereof have superseded any and all prior and contemporaneous agreements or understandings relating to the matters specifi- cally addressed herein or therein. Failure or inability of either party to enforce any right hereunder shall not waive any right with respect to any other or future rights or occurrences, nor shall waiver of any condition or right in any instance be deemed a waiver of any condition or right in any other instance. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged or actual dispute, breach, default or misrep- resentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. This Agreement and the Grantee's rights, duties and obligations hereunder may not be assigned by the Grantee without the prior written consent of the Foundation. Any attempt at assignment shall be void and a material breach of this Agreement by the Grantee. This Agreement has been negotiated, executed and delivered and will be performed in the State of California and shall be governed by .and construed in accordance with its laws. The Schedules attached hereto are incorporated herein by reference and made a part of this Agreement as if fully set forth herein. 12. Amendments and Modifications. This Agreement may be amended or modified only by a written instrument executed by the Foundation and by the Grantee. Notwithstanding the foregoing, modifications to the scope of the Pro- gram, alterations in the funding schedule, revisions to the Proposal and other changes to the terms and conditions of this Agreement set forth on the Schedules attached hereto may be effectuated by the substitution of replacement Sched- ule(s), provided that such replacement Schedule(s) are executed by both the Foundation and the Grantee. 13. Termination of Grant. The Grantee covenants to execute and deliv- er to the Foundation a termination letter in the form attached hereto as Exhibit "1" upon completion of the program. 7 ;7 E IN WITNESS WHEREOF, the parties have executed this Grant Agreement on 19 GRANTEE: CITY OF SANTA CLARITA, A MUNICIPAL CORPORATION, DEPARTMENT OF PARKS AND RECREATION By: George Caravalho City Manager 8 FOUNDATION: AMATEUR ATHLETIC FOUNDATION OF LOS ANGELES By: Anita L. DeFrantz President SCHEDULE A DESCRIPTION OF PROGRAM AND PURPOSES: The purpose of SUMMER SWIM '90 is to supplement the City's existing in- structional swimming program at 5 city pools. The grant will provide instructors' hourly compensation, equipment and training necessary for the program. The goals of this program are to reach 300 youngsters, ages 7-17, and to provide a culminating event, SUMMER SWIM '90 FESTIVAL, as a competitive component for qualified participants. The term of this program is June 25, 1990 to August 25, 1990 during which period the purpose of the program, outlined above, will be accomplished by the Grantee. A-1 CITY OF SANTA CLARITA DEPARTMENT OF PARKS AND RECREATION BUDGET SUMMARY Personnel Pool Managers Equipment Lane lines - 2 @$634 Storage Reels - 2 @$612 Megaphones - 10 @$10 T-shirts - 100 @$6.30 SUMMER SWIM '90 @$10.75/hr. x 350 subtotal subtotal subtotal Grand Total $3,763 $3,763 $1,268 1,224 100 630* $3,220 $124** $7,109 *The Grantee and the Foundation shall mutually agree on design of the shirts. The proposed shirts will display both the City Seal and the AAF's name and logo. **Lifeguards' hats, with AAF's name and logo, will be provided by the Foundation. SUPMR SKIP! 1990 .PROGRAM PROPOSAL TO THE AMATEUR ATHLETIC FOUNDATION OF LOS ANGELES SUBMITTED BY THE CITY OF SANTA CLARITA PARRS AND RECREATION DEPARTMENT RECREATION DIVISION AQUATICS SECTION JANUARY 50 1990 X INTRODUCTION The City of Santa Clarita Parks and Recreation Department has successfully recruited and hired qualified American Red Cross water safety instructors and instructor trainers to implement the Summer Swim 190. As you know, the City instituted a general services agreement with the County of Los Angeles to conduct Summer Swim 189. However, as a result of the City's massive recruitment efforts we have been able to attract lifesaving personnel capable of enthusiastic implementation of this most rewarding program as well as the training and Red Cross certification of additional lifeguards and water safety instructors for future summer swim programs in subsequent seasons. PROGR-W OBJECTIVE Implementation of the Summer Swim 190 program will provide a quality competitive swim program for the youth of the City of Santa Clarita and surrounding communities of Northern Los Angeles County. A morning one-hour instructional swim program will be implemented. This program will be held from 11:00 a.m. to 12:00 p.m. and will serve to introduce, familiarize, teach, and develop skills and techniques in competitive swirtiraitig at each of the five City aquatic facilities. The novice swimmer will learn the four competitive strokes which consist of butterfly, backstroke, breast stroke, and the Australian crawl stroke - more commonly known as freestyle. Additionally, program participants will be taught the appropriate competitive starts, "flip" turns, and finishes. Furthermore, Summer Swim '90 participants will learn basic competitive diving techniques. TARGET POPULATIO.]y The program will be available to novice level swimmers between the ages of seven (7) and seventeen (17). Each class will be limited to a maximum of ten (10) swimmers and scheduled in increments of two weeks consisting of 10 one-hour days on Monday through Friday. REGISTRATIOR 4f Registration will be done through the computerized registration process implemented by the Gity of Santa ar ta. eg s rat ons wil e accep ed by mail or on a walk-in basis prior to the beginning of the Summer Swim 190 session. In the event that more than ten swimmers desire to participate in any specific session, those swimmers will be automatically registered for the next session. In an attempt to allow equity in program distribution and meet the aquatic needs of as many youth as possible, no participant will be allowed to register a second time for participation until all interested swimmers have had at least one opportunity to participate. All pools will register no less than four (4) separate classes for a total. of eight weeks during Summer Swim 190. As previously stated, the maximum dumber Of swimmers per class shall be ten. PROGRAM INFORMATTON AICD CONTENT Instruction will be. conducted, daily by a City of Santa Clarita senior lifeguard or pool manager at each site. Each swimmer will be timid during the first class session and monitored through each phase of the - program curriculum. At the conclusion of the session, recorded time will reflect the swimmer's improvement. Following the training the swimmers will participate in a culminating competitive meet (sponsored by the Amateur Athletic Foundation) with the City of Los Angeles and/or neighboring cities. COMPETITIVE SWIMMIIRG PROGRAM AXD RELATED PROCESSES Stor-a-lane reels are requested to store lane lines ensuring that the lane lines remain in good condition. Without the reels, the obtrusive and cumbersome lane lines would have to be drug around ou the deck and wound by hand causing a loss of color, resiliency, and shortened life span for each line. Additionally, stor-a-lane reels allow added mobility which will allow the lane lines to be stored to preclude possible vandalism. UNIFORMS One -hundred T-shirts and fifty wide -brim hats will provide two shirty and one hat per staff member. The proposed shirt and hat display both the City Seal and the A.A.F. insignia. The design of the shirt and hat are subject to the stipulations and guidelines as prescribed by the municipal code. As City employees and aquatics personnel, the staff must conform to the municipal dress code and be easily identifiable by the public. It is requested that the A.A.F. forward monies for the aforementioned purchases directly to the City of Santa Clarita. PROGRAM ADMINISTRATIO AND SUDCET It is requested that the total grant amount be awarded to City of Santa Clarita as remuneration for materials, supplies, and staffing costs. The program budget (see attachn;ent) outlines the requested expenditures in summary form and by location. Additionally, the name and address of each of the five (5) City pools is reflected. Personnel costs are based on each of the five (5) proposed sites assigning a pool manager to conduct the class from 11:00 a.m. to 12:00 p.m. Monday through Friday for a total of eight weeks. STAFF Each site will instruct five (S) hours per week for eight weeks for a total of forty (40) hours. Registration, promotion, and publicity, planning, and documentation will require eighteen (18) hours at each pool. An additional four (4) hours will be required for instructor training and eight (8) }lours for the culminating competitive swim meet, for a total of 70 hours per instructor. EQUIPMENT AND SUPPLIES Lane lines are requested to facilitate the City of Santa Clarita where materials such as emblems or hats have previously been purchased. RE�� The City of Santa Clarita will accept total responsibility for the administration of the A.A.F. Summer Swim '90 program including, but not limited to, program development, implementation, monitoring record documentation, and compilation of statistical data as required by the Amateur Athletic Foundation of Los Angeles. M Santa Clarita Pool Pool Manager Megaphone Staff Shirts Staff Hats SUBTOTAL Newhall pool Pool Manager Megaphone Staff Shirts Staff Hats SUBTOTAL Valencia Meadows Pool Pool Manager Megaphone Staff Shirts Staff Hats SUBTOTAL Valencia Clem Pool Manager Megaphone Staff Shirts Staff Hats SUBTOTAL North Oaks Pool Manager Megaphone Staff Shirts Staff Hats SUBTOTAL $ 10.75 70 CITY OF SARPA CLARITA COST BY SITE 6.30 Itemized Hours/Items Cost Raquired $ 10.75 70 9.80 2 .6.30 20 2.47 10 $ 10.75 70 9.80 2 6.30 20 2.47 10 $ 10.75 70 9.80 2 6.30 20 2.47 10 $ 10.75 70 9.80 2 6.30 20 2.47 10 $ 10.75 70 9.80 2 6.30 20 2.47 10 Total Amount Requested $ 752.50 19.60 126.00 24.70 922.80 $ 752.50 19.60 126.00 24.70 $ 922.80 $ 752.50 19.60 126.00 24.70 a 922.80 $ 752.50 19.60 126.00 24.70 922.80 $ 757..50 19.60 126.00 24.70 $ 922.80 CITY OF SANTA CLARITA BUDGET SUMMARY Itemized Hours/Items Total Amount Cost Required Requested PERSONNEL Pool Manager $ 10.75 350 $31762.50 Subtotal $3,762.50 EQUIPMENT/MATERIALS AND SUPPLIES Megaphones 9.80 10 $ 98.00 Lane Linea 634.04 2 $11268.08 Lane Line Reels 612.10 2 $1,224.20 Staff Shirts 6.30 100 $ 630.00 Staff Hats 2.47 50 $ 123.50 Subtotal $3,343.78 TOTAL - $7)106.28 C SCHEDULE B �il The funding schedule set forth below constitutes an estimate of the Grant- ee's need for funds based upon the Proposal. The amounts and timing ..of the payment of installments of the Grant as set forth in such funding schedule are subject to change, in the discretion of the Foundation, in the following circum- stances: 1. Reports required by Paragraph 7 of the Grant Agreement and/or by Sched- ule D attached thereto are not submitted in a timely manner or with all required information. 2. The Program is modified, enhanced, reduced or otherwise altered in any substantive manner without the prior written approval of the Foundation. 3. The Foundation determines that cost savings may be achieved through utilization of other resources or the Foundation's purchase requisition procedures for equipment and other items required by the Program. FUNDING SCHEDULE: Amount $1,500.00 $1,500.00 $ 763.00 Total: $3,763.00* Date June 30, 1990 July 31, 1990 September 15, 1990 * The balance of $3,220 are funds for equipment and t -shirts and are to be released based on submission of estimates to be reviewed and approved by Foundation prior to payment authorizations. BANK(s) IN WHICH GRANT FUNDS ARE TO BE HELD: ACCOUNT # 01-9105-215 City of Santa Clarita/Aquatics General Funds MAIL CHECK TO: City of Santa Clarita, Department of Parks and Recreation Attn: Gerald N. Wesley, Recreation Supervisor 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 HIM r SCHEDULE C M ADDITIONAL CONDITIONS PRECEDENT TO GRANT: Pursuant to the provisions of Section 10, Terms and Conditions and Schedule C, Additional Conditions Precedent to Grant, of the Grant Agreement between the Amateur Athletic Foundation and the City of Los Angeles, the City of Santa Clarita hereby agrees to: 1. Waive all claims and recourse against the Foundation including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of the Foundation, its officers, agents and employees. 2. Indemnify, hold harmless and defend the Foundation, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the performance of the Program except for liability arising out of the concurrent or sole negligence of the Foundation, its officers, agents or employees. 3. The Foundation shall be named as an additional insured on the Grantee's liability insurance policy and provide .Foundation with a certificate of insurance. C-1 SCHEDULE D REPORTS TO BE FURNISHED: I. PROGRESS REPORTS* A. Interim Progress Report due July 31, 1990 II. FINAL REPORT* A. Final Report due: September 15, 1990 * Progress Reports must include, at a minimum, a written narrative addressing the progress of all phases of program development and a detailed accounting of expenditures to date and any available statistics or evaluative data on the program. Progress Report forms will be supplied. * * Final Report must be a complete review and report of the program including all statistical data, evaluation results expenditures. D-1 SCHEDULE E OTHER TERMS AND CONDITIONS: The Amateur Athletic Foundation shall have the right to approve all publici- ty in advance of publication and Grantee shall submit to the Foundation any proposed materials for approval prior to their release. All temporary or permanent signage shall be recommended and approved by Foundation. Foundation and Grantee shall mutually agree on proper name recogni- tion for Foundation on equipment purchased with grant funds. Grantee shall participate in the Foundation's Coaching Program by making arrangement with Foundation for the Grantee's coaches to attend a Coaching Work- shop. E-1 SAMPLE EXHIBIT "1" Installment Non -capital Expenditure Amateur Athletic Foundation of Los Angeles 2141 West Adams Boulevard Los Angeles, California 90018 Re: Grant No. Ladies and Gentlemen: This letter has reference to that certain Grant Agreement [the "Grant Agreement"] and any modifications or alterations thereto dated , 19 between the Amateur Athletic Foundation of Los Angeles (the "Foundation") and (the "Grantee"). Capitalized terms used herein without further definition have the meanings specified in the Grant Agreement. In consideration of the payment by the Foundation of the final installment of the Grant under the Grant Agreement: 1. The Grantee hereby reaffirms all of its executory obli- gations and duties under the Grant Agreement,. including, but not limited to, its obligation to indemnify, defend and hold the Foundation harmless from liabilities and losses pursuant to Paragraph 9 of the Grant Agreement, without setoff or other defense. 2. The Grantee represents and warrants that, in the perfor- mance of the Grant Agreement and in the planning, arrangement, implementation, sponsoring and conduct of the Program, no losses, injuries or damages were sustained by or to any person or pro- perty that have not been reported in writing to the Foundation. 3. The Grantee represents and warrants (a) that no audit, investigation, proceeding or other inquiry is pending by the Internal Revenue Service, the Franchise Tax Board, the Attorney General of any state or any other governmental agency with respect to the Grantee or any affiliated organization and (b) that no legal, administrative or other proceeding is pending that concerns.the Grant or the Program. 4. The Grantee acknowledges and confirms (a) that, upon payment of the final installment of the Grant, the Foundation has no further duty or obligation to the Grantee and (b)- that no officer, director, employee or other representative of the Foundation has made any statement, representation or warranty that the Grant will be renewed or extended. 5. The Grantee represents and warrants that all promotional and advertising materials produced or authorized by the Grantee relating to the Program have given appropriate credit to the Foundation as required by the Grant Agreement. The Grantee confirms that all future promotional and advertising materials produced or authorized by the Grantee relating to the Program will give appropriate credit to the Foundation as required by the Grant Agreement. 6. The Grantee represents and warrants that all contracts to which it has become a party in regard to the Program and/or the Grant are listed on Annex A attached hereto and include the language required by Paragraph 9 of the Grant Agreement. 7. The Grantee represents and warrants that the Grant has been expended solely for the purposes set forth in the Grant Agreement. 8. The Grantee agrees to repay any portion of the Grant which is not used for the purposes set forth in the Grant Agree- ment. The Foundation shall be entitled to rely on the foregoing representations, warranties, confirmations, acknowledgments and agreements in disbursing the final installment of the Grant. Sincerely yours, AMATEUR ATHLETIC FOUNDATION OF LOS ANGELES Executed by: Organization: