CONTRACT 7545 OtherAgreement No. 7545
AQUATICS FACILITY USE AGREEMENT
<< BETWEEN THE CITY OF EL SEGUNDO AND THE AUSTRALIAN
NATIONAL SWIM TEAM
This Agreement is made on November 24, 2025, between the City of El Segundo, a general
Law city and municipal corporation ("CITY"), and AUSTRALIAN NATIONAL SWIM TEAM,
"PRIVATE PARTY").
1. R0PERTy JPVrF,3P4.$E
The Wiseburn Unified School District ("Wiseburn") owns real property located at 2240 Grand
Avenue, El Segundo, California 90245, known as the City of El Segundo Wiseburn Unified
School District Aquatics Facility ("Facility").
In 2019, Wiseburn and the CITY entered into a Joint Use Agreement ("JUA"). Per the JUA,
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 (10) days commencing on July 21, 2028 and ending
on July 30, 2028, as described in Exhibit B, which is incorporated herein bythis reference. In
consideration of CITY's temporary license of the Facility to the PRIVATE PARTY, PRIVATE
PARTY agrees to abide bythis Agreement and further agrees to pay CITYthe $8,000, payable
June 1st, 2028.
3. ASSIGNABILITY
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.
4. POOL FACILITY USE
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 lifeguard(s) will be on
deck maintaining surveillance of all swimmers during all pool use.
5. TERMINATION
Agreement No. 7545
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 cost of the rental.
6 I,N REMNIFICATIO
a. PRIVATE PARTY 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 PRIVATE PARTY'S acts, errors or omissions, negligence, or wrongful conduct,
except for liability arising from the sole negligence of the CITY, 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
PRIVATE PARTY 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 PRIVATE PARTY 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.
8. HQ4_R$,ANJD AT $ OF UHF_
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.
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Agreement No. 7545
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 problem(s) 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 M'OOL,TEM.M ERATLrR.E.
CITY agrees to use its best efforts to ensure that the Facility's pool temperature is
maintained at a temperature of 78-81 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. DAMAGES
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.
11. POOL RULES
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
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Agreement No. 7545
12 F.ORCE-MAJEUR I !ilENTR
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 .IW.TIR...A.GR EJEME NT
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 RMLESOFOOKSTRV CTION
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. SEV'ERA ILIT "
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 Aa�T�0.R.I_T11�t�C�DII=I.CATIt.N.
The Parties represent and warrant that all necessary action has been taken by the Parties to
authorize the undersigned to execute this Agreement and to engage in the actions described
herein. This Agreement may be modified by written amendment.
18.CG!I» NTI,RPAR_TS;-ELECTRO.N.IC_R_IGI�ATJRES
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
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Agreement No. 7545
delivered by electronic transmission. Such electronic signature will be treated in all
respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
CITY OF EL SEGUNDO
Joseph Lormans
Aquatic Manager
M
0 '4rz
Susan Truax,
City Clerk
APPROVED AS TO FORM:
Mark D. Hens
City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
MarySh ron Brenner ,
Risk Ma ger
5
AUSTRALIAN NATIONAL SWIM TEAM
Name,'`;
Title
Greg Shaw
Executive General Manager of High Performance
Agreement No. 7545
EXHIBIT A
VER ,I,..ATI N Q _COVE.RAGE
PRIVATE PARTY shall furnish the CITY with the below COI and Endorsements.
C_ __O__I
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
EN .O.RSEMENT
• 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.
C:
Agreement No. 7545
EXHIBIT B
SCHEPULEANDPRICINQ
Item
Date Time
Rate Hours
Lanes
Total
9:OOAM-12:OOPM,
Competition Pool Long Course
7/21/2028,4:OOPM-6:OOPM
$
80.00
5
2
$
800.00
'9:OOAM-12:OOPM,
Competition Pool Long Course
7/22/202&4:00PM-6:00PM
$
80.00
5
2
$
800.00
:9:OOAM-12:OOPM,
Competition Pool Long Course
7/23/2028,4MPM-6:0013M
$
80.00
5
2
$
800.00
�9:OOAM -12:OOPM,
Competition Pool. Long Course
7/24/2028: 4:OOPM -6:OOPM
$
80.00
5
2
$
800,00
,9:OOAM-12:OOPM,
Competition Pool Long Course
7/25/2028�4.00PM-6:OOPM
$
80.00
5
2
$
800.00
9:OOAM-12:OOPM,
Competition If:3oo�- Ilong Course
7/26/2028 4:OOPM-6:OOPM
$
80.00
5
2
$
800.00
9:OOAM-12:OOPM,
Cbrnpetiifion POO[ I OrIg Course
7/27/2028'4:00PM-6:00PM
$
80.00
5
2
$
800.00
-9:OOAM-12:OOPM,
Competition IPoot i oing Course
7/28/2028,4:OOPM-6:OOPM
$
80.00
5
2
$
800-00
.9:OOAM-12:OOPM,
,
Cornpetition IFlool I ong CA)uirse
7/29/2028 4.00PM-6:OOPM
$
80.00
5
2
$
800.00
9:OOAM-12:OOPM,
Competition Poo[ Long Course
7/30/2028,4:OOPM-6:OOPM
$
80.00
5
2
$
800.00
TOTAL
$ 8,000.00
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