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CONTRACT 7517 OtherAgreement No. 7517 AQUATICS FACILITY USE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO, THE FRENCH NATIONAL SWIM TEAM AND SPARTNER TRAVEL This Agreement is made on November 24, 2025, between the City of El Segundo, a general law city and municipal corporation ("CITY"), and SPARTNER, also named "Sports Solutions Makers," a Societe par actions simplifiee (S.A.S.), and the French National Swim Team (collectively, "PRIVATE PARTY") (collectively, the "Parties"). The Wiseburn Unified School District ("Wiseburn") owns real property located 2t2240 Grand Avenue, El Segundo, California 90245, known as the City of Ei Segundo Wiseburn Unified School District Aquatics Facility ("Facility"). In 2019, Wiseburn and the CITY entered into a Joint Use Agreement ("JUA"). Per the 1UA, Wiseburn granted a license to the CITY use the Facility and to issue permits and licenses to other users of the Facility. CITY agrees to provide a temporary license to PRIVATE PARTY for its use of the Facility, to the exclusion of the general public, for training purposes ("Authorized Use") as set forth in this Agreement. 2. TERM The term of this Agreement shall be eight (8) days commencing on January 5, 2026 and ending on January 12, 2026, as described in Exhibit B, which is incorporated herein by this reference. Inconsideration of CITY's temporary license of the Facility to the PRIVATE PARTY, PRIVATE PARTY agrees to abide by this Agreement and further agrees to pay CITY the $14,080.00, payable December 5", 2025. 3. A JI-Q iABIN IT C Under no circumstances shall PRIVATE PARTY sublease or allow any other organization or individual use the Facility during their use time without CITY's prior written approval. Any attempt by PRIVATE PARTY to assign the benefits or burdens of this Agreement without CITY's prior written approval are prohibited and will be null and void. a. PRIVATE PARTY shall only use the Facility during rented days/hours. b. PRIVATE PARTY will have access to restroom facilities during contracted hours. c. PRIVATE PARTY will have access to equipment including kick boards, pull buoys, and Colorado Timing System. d. CITY will provide Lifeguard supervision of the pool activities. The lifeguards) will be on deck maintaining surveillance of all swimmers during all pool use. Agreement No. 7517 5. TERMINATION a. Except as otherwise provided, CITY may terminate this Agreement at any time upon PRIVATE PARTY's breach of this Agreement. Upon receiving a termination notice, PRIVATE PARTY will immediately cease performance under this Agreement unless otherwise provided in the termination notice. By executing this document, PRIVATE PARTY waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. b. PRIVATE PARTY may terminate this Agreement upon thirty (30) days written notice to the CITY. In the event PRIVATE PARTY terminates this Agreement without such advance notice, PRIVATE PARTY will be responsible for the cb 't;` e rental. 6- I&D—F.MMUCADON a. PERMITTEE indemnifies and will defend (at CITY's request and with counsel satisfactory to CITY) and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney fees), injuries, or liability, arising out of PERMITEE's acts, errors or omissions, negligence, or wrongful conduct (regardless of any CITY passive negligence) in connection with this Agreement. b. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. c. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. d. The requirements as to the types and limits of insurance coverage to be maintained by PERMITTE as required under the Permit, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by PERMITTEE pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 7. INSURANCE PRIVATE PARTY shall maintain in force at all times during the term of this Agreement and any extensions or modifications thereto, insurance as specified in Exhibit A, which is incorporated herein by this reference. It is the responsibility of PRIVATE PARTY to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in Exhibit A. Failure to maintain insurance as required in this Agreement may be grounds for material breach of contract and immediate termination pursuant to Section 5. S. HDMH$ANDJ)A1E5_QLU$E The pre -arranged hours and dates are listed in Exhibit B. The CITY will reserve these times for PRIVATE PARTY. These times and dates will only be changed if: 1. It is agreeable to both CITY and PRIVATE PARTY, or 2. Emergency maintenance limits access to the Facility, or 3. Emergency weather conditions deem the Facility unsafe for use. 2 Agreement No. 7517 In the rare instance of a major Facility shut -down (including but not limited to: major mechanical malfunctions with pool pumps, pool filters, pool heaters, or major structural issues with pools or restrooms), the CITY reserves the right to cancel any necessary pre- arranged hours and dates until such time as the problems) can be fixed. If a CITY imposed cancelation occurs, CITY agrees to provide a refund in time (in the form of additional use) or money to the PRIVATE PARTY. PRIVATE PARTY will not hold the CITY responsible for any potential lost revenue due to Facility closures. Additional hours and dates may be added to this Agreement if both the CITY and PRIVATE PARTY agree in writing. 9. P_Q_O...TEI" fRRA1Q8E CITY agrees to use its best efforts to ensure that the Facility's pool temperature is maintained at a temperature of 80-81 degrees Fahrenheit. If equipment failure causes excessive variations in pool temperature, PRIVATE PARTY will have the option of continuing with the rental day(s) or cancelling in accordance with Section 5 of this Agreement. 10. DAMAGE_S PRIVATE PARTY agrees to assume full responsibility for any damages done to the Facility's premises or equipment as a result of the PRIVATE PARTY's usage. PRIVATE PARTY agrees to fully comply with the following rules at all times: • No alcoholic beverages, drugs, or other intoxicants may be served, displayed, or consumed on its premises or in the area surrounding the Facility at any time • Smoking is not permitted anywhere on the Facility's premises • The use or possession of firearms, or anything resembling a firearm, is prohibited on the Facility's premises. • Glass containers are not allowed in the Facility • Food is not allowed in the Facility • No running on the pool deck • No animals or pets allowed on the pool deck • Foul or otherwise offensive language is not allowed • Vandalism will not be tolerated • Do not jump or dive around other swimmers Swimmers must dive directly out from the wall • Do not hang, sit, or misuse the lane lines • Hypoxic training is prohibited 3 Agreement No. 7517 12. 'IAtEAME E-VENIS Notwithstanding anything to the contrary contained in this Agreement, the CITY shall be excused from its obligations under this Agreement to the extent and whenever it shall be prevented from the performance of such obligations by any Force Majeure Event. For purposes of this Agreement, a "Force Majeure Event" includes but is not limited to fires, floods, earthquakes, pandemic, epidemic, civil disturbances, acts of terrorism, regulation of any public authority, and other causes beyond their control. PRIVATE PARTY waives any right of recovery against the CITY and PRIVATE PARTY shall not charge results of "acts of God" to the CITY its officers, employees, or agents. 13. GOVERNING LAW. This Agreement was drafted in and will be construed in accordance with the laws of the State of California, U.S.A., and exclusive venue for any action involving this Agreement will be in Los Angeles County. 14. EN'TI:R.EAA REEMENT This document, and the attached exhibits, represent the entire agreement between the parties regarding the deposit for the Facility and supersedes all prior communications, understandings, and agreements, whether oral or written. 15. RUES —OF —CO UST R.R C.TI.O Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 16.. RA LT If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 17. AM.H.QRIT1lMOD IOAT N The Parties represent and warrantthat all necessary action has been taken bythe Parties to authorizethe undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. 18. C-0- NIE RM*.ELE-CTRO Iw' LCrNAT—UBE. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is Agreement No. 7517 delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. Agreement No. 7517 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ° '\ CITY OF EL SEGUNDO Joseph Larmans Aquatic Manager ATT'E City Clerk APPROVED AS TO FORM: rk D. Henst: City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: SPARTNER TRAVEL Frederic CAMBOUS Senior Project Ma alter 'rLue Co ke 3260,0 i e-Jourdain Tel +33 ( )5 81 08 00 00 FRENCH NATIONAL SWIMiATyISRCS Lyon B 431464395 Name::�@JA%-k' Title t w �6_ cdA -.%, e- '*"'�%Yr-CJ02- MarySron Brennan, �t I I`!0�` Risk Manager I ��,°�? A ,e Agreement No. 7517 EXHI BIT A VERWICATIM_ PRIVATE PARTY shall furnish the CITY with the below COI and Endorsements. S_QI • General Liability $5M each occurrence and $10M general aggregate Certificate Holder: City of El Segundo, its elected and appointed officials, employees, and volunteers, 350 Main Street, El Segundo, CA 90245 UWQRSEMENIS. • Additional Insured Endorsement with this language: The City of El Segundo, its elected and appointed officials, employees, and volunteers are included as additional insureds. • Primary and Non -Contributory Endorsement with this language: Coverage is primary and non-contributory such that any other insurance that may be carried by the City will be excess thereto. 7 Agreement No. 7517 EXHIBIT B . H DUL ND PRICINQ. Date Rate Hours Lanes Total Item Competition Pool Long 5-Jan $80.00 2 8 $1,280.00 Course Competition Pool Long 6-Jan $80.00 4 8 $2,560.00 Course Competition Pool Long 7-Jan $80.00 2 8 $1,280.00 Course Competition Pool Long 8-Jan $80.00 4 8 $2,560.00 Course Competition Pool Long 9-Jan $80.00 2 8 $1,280.00 Course Competition Pool Long 10-Jan $80.00 4 8 $2,560.00 Course Competition Pool Long 11-Jan $80.00 2 8 $1,280.00 Course Competition Pool Long 12-Jan $80.00 2 8 $1,280.00 Course Grand $14,080.00 Total Monday 1 /5-7:OOPM-9:OOPM Tuesday 1/6 - 8:00am-1 Oam, 3:00pm-5:00pm Wednesday 1/7-10:OOAM-12:OOPM Thursday 1/8 - 10:00AM-12:0013M, 7:00PM- 9:OOPM Friday 1/9 - 8:00am-1 Oam Saturday 1 /10 - 8:00am-1 Oam, 3:00pm-5:00pm Sunday l/11- 10:OOAM-12:OOPM Monday 1/12 - 7:30am-9:30am 8