HomeMy WebLinkAboutA7088 - ELITE OTTERS SWIM TEAM (ESOT) - INSTRUCTOR AND FACILITIES AGREEMENT City of Palm Springs
Parks & Recreation Department
Recreational Instructor Agreement
NAME: Elite Otter Swim Team .
ADDRESS: 68400 Sandia Court
Cathedral City, CA 92234
PHONE: 760-221-7228
INSTRUCTION TYPE: Swim Instructors
This Recreational Instructor Agreement ("Agreement") is made and entered into this day
of , 2019 by and between the CITY of Palm Springs, a California charter city
and municipal corporation, ("CITY") and Elite Otters Swim Team, an entity and his/her
employees, agents, or officers (collectively referred to as "INSTRUCTOR").
I. " SCOPE OF WORK
A. CITY seeks to provide swimming instruction services. INSTRUCTOR shall
perform all necessary and appropriate services consistent with lessons
("Services"). Services are detailed in Exhibit "A," attached hereto and
incorporated herein by reference.
B. Services shall be performed at the-Palm Springs Swim Center ("Facilities").
C. INSTRUCTOR warrants that he/she is qualified to provide CITY with Services,
and holds all necessary certifications and licenses.
D. INSTRUCTOR warrants that he/she will provide all necessary supplies,
equipment, personnel, and other such necessities that enable him/her to perform
the Services in a safe, competent, and professional manner.
E. INSTRUCTOR shall perform the Services in a manner consistent with industry
standards and the expectations of a reasonable person.
II. DURATION
A. Services shall begin on June 10, 2019 and end on August 2, 2019.
B. This Agreement may be extended by written agreement between CITY and
INSTRUCTOR.
C. CITY may terminate this Agreement at any time, with or without cause, by giving
written notice to INSTRUCTOR. Upon receipt of notice of termination,
INSTRUCTOR shall cease performance of all Services on the date set forth on
the notice of termination, or immediately if no date is provided. INSTRUCTOR
shall be entitled only. to compensation for services rendered prior to the
termination date.
III. COMPENSATION
A. CITY agrees to pay INSTRUCTOR for the performance of Services on the
following terms:
1. Flat fee $
2. Hourly fee $
3. Contingent fee $ per
4. Other 75% of fees collected
B. All compensation shall be paid at the end of the each month, in accordance to the
payroll schedule.
C. INSTRUCTOR shall not be entitled to any additional compensation.
IV. USE OF FACILITIES
A. INSTRUCTOR shall only use the Facilities for the Services described in this
Agreement.
B. INSTRUCTOR shall be responsible for any damage caused to the Facilities
arising out of his/her rendering of the Services.
C. INSTRUCTOR shall ensure that the Facilities are clean following each use..
D. INSTRUCTOR shall ensure that the Facilities are secured following each use.
V. INSURANCE
The CITY reserves the right to require INSTRUCTOR to maintain insurance for the
duration of this Agreement. Insurance requirements, if any, are attached as Exhibit "B"
and incorporated herein by reference. INSTRUCTOR shall provide CITY with proof of
insurance prior to the commencement of Services.
VI. INDEMNITY
To the fullest extent permitted by law, INSTRUCTOR shall defend (at INSTRUCTOR'S
sole cost and expense), indemnify, protect, and hold harmless CITY, its officials, officers,
employees, agents and volunteers (collectively the "Indemnified Parties"), from and
against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments,
arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively "Claims"), including but not limited
to, Claims arising from injuries to or death of persons (INSTRUCTOR'S employees
included), for damage to property, including property owned by CITY, or from any
violation of any federal, state, or local law or ordinance, which Claims arise out of,
pertain to, or are related to INSTRUCTOR'S performance under this Agreement. This
indemnification clause excludes Claims arising from the sole negligence or willful
misconduct of the City, its elected officials, officers, employees, agents, and volunteers.
Under no circumstances shall the insurance requirements and limits set forth in this
Agreement be construed to limit INSTRUCTOR'S indemnification obligation or other
liability hereunder. INSTRUCTOR'S indemnification obligation shall survive the
expiration or earlier termination of this Agreement until all actions against the
Indemnified Parties for such matters indemnified are fully and finally barred by the
applicable statute of limitations or, if an action is timely filed, until such action is final.
This provision is intended for the benefit of third party Indemnified Parties not otherwise
a party to this Agreement.
VII. INDEPENDENT INSTRUCTOR
The legal relationship between the Parties is that of an independent contractor, and
nothing herein shall be deemed to make INSTRUCTOR.a CITY employee. During the
performance of this Agreement, INSTRUCTOR and its officers, employees, and agents
shall act in an independent capacity and shall not act as CITY officers or employees.
INSTRUCTOR will determine the means, methods and details of performing the Services
subject to the requirements of this Agreement. The personnel performing the Services
under this Agreement on behalf of INSTRUCTOR shall at all times be under
INSTRUCTOR'S exclusive direction and control. Neither CITY nor any of its officials,
officers, employees, agents or volunteers shall have control over the conduct of
INSTRUCTOR or any of its officers, employees, or agents, except as set forth in this
Agreement. INSTRUCTOR, its officers, employees or agents, shall not maintain a
permanent office or fixed business location at CITY'S offices. CITY shall have no voice
in the selection, discharge, supervision, or control of INSTRUCTOR'S officers,
employees, representatives or agents or in fixing their number, compensation, or hours of
service. INSTRUCTOR shall pay all wages, salaries, and other amounts due its
employees in connection with the performance of Services under this Agreement and
shall be responsible for all reports and obligations respecting them, including but not
limited to social security income tax withholding, unemployment compensation, workers'
compensation, and other similar matters.. CITY shall not in any way or for any purpose
be deemed to be a partner of INSTRUCTOR in its business or otherwise a joint venture
or a member of any joint enterprise with INSTRUCTOR.
VIII. SUBCONTRACTING OR ASSIGNMENT PROHIBITED
INSTRUCTOR'S expertise, capability, and reputation were a substantial inducement for
CITY to enter into this Agreement.
A. Only those authorized in writing by the CITY may render Services or perform any
term of this Agreement.
B. INSTRUCTOR shall not agree with any other party to perform the Services
without the CITY'S express prior written approval.
C. This Agreement shall not be assigned in whole or in part to another party without
CITY'S express prior written approval.
IX. INTEGRATED AGREEMENT
This Agreement contains all terms and conditions between INSTRUCTOR and CITY and
cannot be supplemented or modified without mutual written agreement.
X. COMPLIANCE WITH THE LAW
A. INSTRUCTOR shall perform all Services in accordance with all applicable
federal, state, and local laws.
B. INSTRUCTOR shall obtain and keep current any necessary licenses or permits
necessary for the lawful performance of Services.
C. In the performance of Services, INSTRUCTOR shall not discriminate against any
person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation, national origin, or ancestry.
XI. CRIMINAL BACKGROUND CHECK
CITY may require INSTRUCTOR to submit to, and pass, a criminal background
investigation prior to the commencement of Services.
XII. LEGAL ACTION
In addition to any other rights or remedies, either Party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief,
or to obtain any other remedy consistent with the purposes.of this Agreement.
XIII. ATTORNEY FEES
In the event any dispute between the Parties with respect to this Agreement results in
litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition
to such other relief as may be granted, to recover from the non-prevailing Party all
reasonable costs and expenses, including but not limited to reasonable attorneys' fees,
expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal
or in collection of any judgment entered in such proceeding. To the extent authorized by
law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-
judicial proceeding within thirty (30) days of the date set for trial or hearing, the other
Party shall be deemed to be the prevailing Party in such litigation or proceeding.
XIV. GOVERNING LAW
California Law. This Agreement shall be construed and interpreted both as to validity
and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of f�—County of Riverside, State of
California, or any other appropriate court in such county, and INSTRUCTOR covenants
and agrees to submit to the personal jurisdiction of such court in the event of such
action.
INSTRUCTOR hereby warrants that he/she has fully read this Agreement, understands and
agrees to each and every term, and is authorized to sign on behalf of any authorized persons
performing the Services.
[SIGNATURES ON THE FOLLOWING PAGE]
Instructors Signature I Date
Printed Names/Title
David H. Ready,,City Mana r Date
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
760.323.8201
APPROVED AS TO FORM:
Jeff Ba inger, Date
City Attorney
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EXHIBIT A
1. Describe activity/instruction and services to be rendered:
Swim Lesson Instruction for Summer Camps Eye Opener Program Monday through Friday
7:30am-8:45am. Starting June 10, 2019 through August 2, 2019.
2. Frequency of meetings:
5 Days (Monday-Frida ) a week for 8 weeks
3. List all instructors, assistants, helpers, volunteers:
NAME ROLE
Josh Otteson Instructor
Laura Otteson Instructor
4. List materials and supplies to be used:
5. Estimated class size:
5-35 ;
6. Fee schedule:
$22 per week per child.
EXHIBIT B
INSURANCE REQUIREMENTS
AGREEMENT TO USE FACILITIES n�,J
This agreement to Use Facilities ("Agreement") is made and entered into this # day of 1141
2019, by and between the City of Palm Springs ("City") and Elite Otters Swim Team ("EOST")
with preference to that Swim Center facility located at 405 South Pavilion Way in Palm Springs,
California ("Facility").
The parties enter into this Agreement on the basis of the following facts and intensions:
RECITALS
WHEREAS, the City and EOST are mutually interested in providing quality recreational activities
to all residents of Palm Springs; and
WHEREAS, it is recognized that through a cooperative agreement between the City and EOST
the community will be afforded the fulfillment of one of its recreational goals for citizens.
NOW, THEREFORE, the city and EOST do hereby mutually agree as follows:
1. INTENT OF AGREEMENT
1.1 It is the intent of this agreement to describe the responsibilities of the City and EOST
in their cooperative effort to effectively promote and provide competitive swimming
for an average of twenty-five (25) youth and adults.
1.2 The City recognizes and supports EOST as an official team from the City of Palm
Springs at United States Swimming events and at local/regional invitational swim
meets.
1.3 The parties agree that EOST may identify the City's Swim Center pool as its "home"
pool for all swim meets held for or on behalf of EOST during the term of this
Agreement.
1.4 It is the intent of this Agreement to solidify a supportive and working relationship
between EOST and the City.
1.5 It is the intent of this Agreement that both the City and EOST acknowledge and direct
their efforts toward the development of quality swim programs at the City's Swim
Center.
2. AREAS OF RESPONSIBILITY
2.1 Fees and Charges
ORIGINAL BID
ANDIORAGREEMENT
2.1.1 EOST agrees to pay the City for its use of the Swim Center pool on a
monthly basis. The rates for both exclusive and non-exclusive use of the
Swim Center Pool vary based on the number of swimmers and are shown
in Exhibit"Cl" "Comprehensive Fee Schedule". The fees shall be payable
in advance on the first of each month and will increase,based on the number
of swimmers pursuant to the rates identified in the City's Comprehensive
Fee Schedule. Any payment of any sums to be paid by EOST not paid within
ten (10) days of its due date shall be subject to a five percent (5%) late
charge. Based on an average number of 25 swimmers, stated in Section 1.1,
the monthly payment would be $297. Should the number of swimmers
exceed 25, as stated in Section 1.1 above at any time during the term of this
Agreement,EOST shall notify the City so that an adjustment to the monthly
fee can be made. Should the City have a fee schedule adjustment, a 3%
increase of CPI-U, whichever is greater will be applied each year the City's
fee schedule is updated. *CPI-U is the Consumer Price Index for, All Items,
for the Los Angeles/Long Beach, Anaheim Metropolitan Statically Area for
the year ending in December.
2.1.2 For swim meets requiring exclusive use of the pool, that involve four or
more teams, a$1.40-per-swimmer charge shall be paid to the City by EOST
within sixty (60) days following the meet.
2.1.3 EOST shall pay minimal rate for office space at the Leisure Center
(conference room) during swim meets.
2.2 POOL USE AND SCHEDULING
2.2.1 The City shall make the Swim Center available on a shared, non-exclusive
basis, which does not interfere with the City's other recreation programs.
Notwithstanding the foregoing, it is implicit that EOST shall be permitted
to utilize the Swim Center in accordance with the schedule below. This
schedule is subject to change with the approval of the Contract Officer and
in accordance with section
2.2.2. The City has sole discretion to resolve all scheduling conflicts. The City
shall act in a timely manner to resolve all scheduling conflicts. During high
school water sports season, Palm Springs Unified School District's
("District") schools shall have priority use of the Swim Center.
EOST TYPICAL PRACTICE SCHEDULE
3:45 pm—6:30 pm Monday-Friday
Or 1:30 pm—4:00 pm Wednesday (depending on coaches work schedule)
11:00 am to 2:00 pm Saturday (with the use of diving blocks)
Times are subject to change should the City need to re-program the pool hours.
The District's schedule is subject to changes which may affect EOST's use of the
Swim Center pool. During the identified sessions above, EOST may use a
minimum of three (3) lanes at the Swim Center Pool. Also, EOST will have access
to the baby pool area during regular workouts. At the discretion of the City, EOST
may be given access up to two (2) additional lanes if they are available. The lanes
will be assigned by the City.
During high school swim season, February 1 — through first weekend of May,
EOST will have use of a minimum of two (2) lanes. Additionally, at the discretion
of the City, EOST may be given access up to two (2) additional lanes, if available.
The lanes will be assigned by the City.
2.2.3 EOST must submit its seasonal practice schedule in writing at least thirty
(30) days in advance of the beginning date of the schedule.
2.2.4 EOST shall submit a Facility Use Application form at six (6) months prior
to swim meets. The City agrees to make the pool available if such use does
not impact scheduled City programs or facility closure. Whenever possible,
EOST shall try to accommodate joint use of pool for dual meets that are
held at the Swim Center.
2.2.5 The City agrees to rent to EOST, at a minimal rate, the Pavilion kitchen, if
available. The Facility Use Application form shall be submitted by EOST
at least six (6) months prior to the swim meet.
2.2.6 EOST members shall not enter the Swim Center facility for meets or
practices until a coach or designated EOST adult representative is on deck
to supervise unless that EOST member has paid the public fee to use the
pool.
2.2.7 When the Swim Center is closed for maintenance, the monthly rental rate
will be prorated and adjusted accordingly.
2.3 Coaching Staff
2.3.1 EOST shall have complete responsibility for the control and supervision of
its coaching staff.
2.3.2 EOST shall be responsible for the control and safety of its members and
guests within the Swim Center.
2.3.3 It is the responsibility of EOST to insure that all coaching staff is currently
certified in CPR, First Aid and Lifeguard training. The United States
Swimming Coach's Certification in First Aid can apply to this qualification.
Proof of such certification must be presented by EOST to the City on a
yearly basis, or as certificates expire and require to be renewed. City will
not provide lifeguard services for practice or swim meets.
2.3.4 Any person having supervisory or disciplinary authority over any minor
member of EOST is required to submit to a criminal background screening
as specified in California Public Resources Code Section 5164. Each EOST
employee or volunteer having supervisory or disciplinary authority over any
minor must complete the supplemental questions attached as Exhibit "A"
and must concurrently submit to being fingerprinted. EOST must submit a
completed copy of Exhibit "A" and arrange for the fingerprinting of each
employee and volunteer before this Agreement may be executed by the
City. The City performs background screening through the federal
government.
2.3.5 EOST must provide the City with a list of its employees and/or volunteers
who will have supervisory or disciplinary authority over any minors while
at the Swim Center. A true and correct list of such employees as of the date
of execution of this Agreement is attached hereto as Exhibit `B". Should
EOST hire a new employee or volunteer who should be listed on EXHIBIT
"B", EOST must notify City of this fact within one week and EOST must
concurrently submit a completed copy of the questionnaire, attached as
Exhibit"A" for the new person, and have them scheduled for their criminal
background screening through the City.
2.4 Equipment and Storage
ge area on a joint-use basis for EOST. EOST shall 2.4.1 City shall provide a stora
not hold the City liable for damages for theft of equipment or material stored
on City property.
2.4.2 EOST shall install equipment necessary to conduct practice and swim
meets, with the exception of starting blocks. In a like manner, EOST shall
remove, in a timely fashion, all equipment that it installs to conduct practice
and swim meets (with the exception of starting blocks).
2.4.3 EOST shall repair or replace, at its expense, damaged equipment if damage
occurred as a result of negligence by EOST or its officers, employees,
members or invitees.
2.4.4 The City shall repair or replace damaged equipment, if damaged other than
by EOST, at City's expense.
2.4.5 EOST shall notify the City of any damaged equipment in need of repair.
Should the City fail to make the requested repairs. EOST shall be held
harmless from any claim filed against EOST for injury resulting from said
damaged equipment.
2.5 Swim Meets
2.5.1 EOST shall clean up all areas in and around the Swim Center that have been
impacted by its use. The City shall coordinate and make arrangements with
EOST for trash pickup and provide equipment/supplies to maintain the
cleanliness of the surrounding area if trash pickup is not readily available
during the time of the swim meet.
2.5.2 The Swim Center shall be closed to the public and all City programs
whenever EOST uses the Swim Center for a swim meet. During this time,
EOST accepts full responsibility for the control and safety of the general
public, as well as EOST's members and guests. EOST shall provide a first
aid kit and sufficient supplies to render first aid service during the time of
the swim meet. The City shall provide access to back boards during the
time of the scheduled swim meet.
2.5.3 EOST shall notify City of any dual meets that could allow safe access of the
pool for joint use. The Swim Center staff and EOST are jointly responsible
for the control and safety of swimmers as pool use is shared.
2.5.4 Following the completion of swim meets,EOST remains responsible for the
control and safety of its guests and general public until the Swim Center is
cleaned and the admission gates are locked by a EOST representative.
2.6 EOST Bylaws
2.6.1 EOST must maintain on file two (2) copies of its Articles of Incorporation,
Bylaws, and Rules and Regulations with the City Clerk's Office. Any
revisions must be submitted to the Parks and Recreation Director prior to
action by EOST's Board.
3. INSURANCE AND INDEMNIFICATION
3.1 EOST shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to City, during the entire term of this Agreement, including any
extension thereof, the following policies of insurance:
a. Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis. A combined
single limit of$1,000,000.00.
b. Workers' Compensation Insurance. To the extent required by Labor Code
section 3700, EOST shall procure and maintain workers' compensation
insurance.
All of the above policies of insurance shall be primary insurance and shall
name the City, its officers, employees and agents as additional insureds.
The insurer shall waive all rights of subrogation and contribution it may
have against City, its officers, employees and agents and their respective
insurers. All of said policies of insurance shall provide that said insurance
may not be amended or canceled without providing thirty (30) days prior
written notice by registered mail to the City. In the event any of said policies
of insurance are canceled, EOST shall, prior to the cancellation date, submit
new evidence of insurance in conformance with this Section 3.1 to the
Contract Officer.
EOST agrees that the provisions of this Section 3.1 shall not be construed as
limiting in any way the extent to which EOST may be held responsible for
the payment of damages to any persons or property resulting from EOST's
activities of any person or persons for which EOST is otherwise responsible.
3.2 Indemnification
EOST agrees to indemnify and defend the City, its officers, agents and employees
against and shall hold and save them and each of them harmless from any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities (herein "claims or liabilities) that may
be asserted or claimed by any persons, firm or entity arising out of or in connection
with the activities at the Facility of EOST, its agents, employees or invitees, or
arising from the negligent acts or omissions of EOST, or arising from EOST's
negligent performance of or failure to perform any term, provisions, covenant or
condition of this Agreement, but excluding such claims or liabilities arising from
the sole negligence or willful misconduct of the City, its officers, agents or
employees, who are directly responsible to the City, and in connection therewith:
4. WAIVER OF UTILITY FAILURE
4.1 EOST expressly waives any and all claims to the City for compensation for any and
all losses or damages sustained for any reason or any defect, deficiency or
impairment of any utility system, water supply system, drainage system, electrical
apparatus or wires serving the facility with respect to the loss of the facility for
EOST functions.
5. ENFORCEMENT OF AGREEMENT
5.1 California Law
This Agreement shall be construed and interpreted both as to validity and to
performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
EOST covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
5.2 Disputes
In the event of any dispute arising under this Agreement, the injured party shall
notify the injuring party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations hereunder so long as the
injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after
service of the notice, or such longer period as may be permitted by the injured
party: provided that if the default is an immediate danger to the health, safety and
general welfare, such immediate action may be necessary. Compliance with the
provisions of the' section shall be a condition precedent to termination of this
Agreement for cause and to any legal action, and such compliance shall not be a
waiver of any party's right to take legal action in the event that the dispute is not
cured, provided that nothing herein shall limit City's or EOST's right to terminate
this Agreement without cause pursuant to Section 5.7.
5.3 [Reserved]
5.4 Waiver
No delay or omission in the exercise of any right or remedy by a non-defaulting
party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's
consent or approval shall not be deemed to waive or render unnecessary the other
party's consent to or approval of any subsequent act. Any waiver by either party
of any default must be in writing and shall not be a waiver of any other default
concerning the same of any other provision of this Agreement.
5.5 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other rights or remedies for
the same default or any other default by the other party.
5.6 Legal Action
In addition to any other rights or remedies, either party may take legal action in law
or in equity, to cure, correct or remedy and default, to recover damages for any
default, to compel specific performance of this Agreement to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
5.7 Termination Prior to Expiration of Term
This Section shall govern any termination of this Agreement except as specifically
provided in the following section for termination for cause. City reserves the right
to terminate this Agreement at any time, with or without cause, upon thirty (30)
days written notice to EOST, except that where termination is due to the fault of
EOST, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition,EOST reserves the right to terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to City,
except that where termination is due to the fault of City, the period of notice may
be such shorter time as EOST may determine.
5.8 Attorney's Fees
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement, the prevailing
party in such action or proceeding, in addition to any other relief that may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees.
Attorneys' fees shall include attorneys' fees on any appeal, and, in addition, a party
entitled to attorneys' fees shall be entitled to all other reasonable costs for
investigation such action,taking dispositions and discovery, and all other necessary
costs the court allows that are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment.
6. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
6.1 Non-Liability of City Officers and Employees
No officer or employee of the City shall be personally liable to EOST, or any
successor in interest, in the event of any default or breach by the City or for any
amount that may become due to EOST or to its successor, or for breach of any
obligation of the terms of this Agreement.
6.2 Non-Liability of EOST Officers and Employees
No officer or employees of EOST shall be personally liable to the City, or any
successor in interest, in the event of any default or breach by EOST or for any
amount that may become due to City or to its successor, or for breach of any
obligation of the terms of this Agreement.
6.3 Conflict of Interest
No officer or employee of the City shall have any financial interest, direct or
indirect,in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement that affects his/her financial interest or the
financial interest of any corporation, partnership or association in which he is
directly or indirectly interested,in violation of any state statute or regulation. EOST
warrants that it has not paid or given an shall not pay or give any third party any
money or other consideration for obtaining this Agreement.
6.4 Covenant Against Discrimination
In connection with its performance under this Agreement, EOST shall not
discriminate against any employee or applicant for employment because of
actual or perceived race, religion, color, sex, age, marital status, ancestry,
national origin (Le., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender
expression, physical or mental disability, or medical condition (each a
"prohibited basis"). Contractor shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to any
prohibited basis.As a condition precedent to City's lawful capacity to enter this
Agreement, and in executing this Agreement, Contractor certifies that its
actions and omissions hereunder shall not incorporate any discrimination
arising from or related to any prohibited basis in any Contractor activity,
including but not limited to the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training,
including apprenticeship; and further, that Contractor is in full compliance
with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-
discrimination in city contracting.
7. MISCELLANEOUS PROVISIONS
7.1 Notice
Any notice,demand,request,document,consent,approval or communication either
party desires or is required to give to the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail, in the case
of the City, to the City Manager and to the attention of the Contract Officer, CITY
OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263-2743, and,
in the case of EOST, to the person at the address designated in Section 8.1. Either
party may change its address by notifying the other party of the change of address
in writing. Notice shall be deemed communicated at the time personally delivered
or in seventy-two (72) hours from the time of mailing if mailed as provided in this
section.
7.2 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason
of the authorship of this Agreement or any other rule of construction that might
otherwise apply.
7.3 Integration; Amendment
It is understood that there are no oral agreements between the parties hereto
affecting this Agreement and this Agreement supersedes and cancels any and all
precious negotiations, arrangements, agreements and understandings, if any,
between the parties, and non shall be used to interpret this Agreement. This
Agreement may be amended at any time by the mutual consent of the parties by an
instrument in writing.
7.4 Severability
In the event that any one or more of the phrases, sentences, clauses, paragraphs or
sections contained in the Agreement shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs or sections of this Agreement hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the invalid
provision is no material that this invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
7.5 Corporate Authority
The persons on executing this Agreement on behalf of the parties hereto warrant
that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so executing
this Agreement; such party is formally bound to the provisions of this Agreement,
and(iv)the entering into this Agreement does not violate any provision of any other
agreement to which said party is bound.
8. COORDINATION
8.1 Representative of EOST
EOST's representative to coordinate with the City regarding operational matter is:
Laura Otteson &Joshua Otteson
Elite Otters Swim Team LLC
68400 Sandia Court
Cathedral City
8.2 City Representative
The City shall assign a representative to coordinate with EOST regarding
operational matters.
9. TERM
9.1 Unless earlier terminated in accordance with section 5.7 of this Agreement,the term
of this Agreement shall be for a period of one (1) years commencing on April 1,
2019 and terminating on March 30, 2020. At the discretion of the City Manager,
this Agreement may be extended for two (2) one-year terms upon expiration of the
original term.
[Signatures on the following page]
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
ATTEST: CITY OF PALM SPRINGS,
A municipal corporation
qtzzzz
By: w By.
Li(y Cler David H. Ready
City Manager
"EOST"
Elite Otter Sw' Tea
By:
Its:
Approved as to Form:
B
C' y A(orney
By: NI )q
Legal Counsel for Elite Otter Swim Team
APPROVED EY!'117�MIV AGAR
"EXHIBIT A"
Page 1 of 2
SUPPLEMENTAL QUESTIONNAIRE
Pursuant to California Public Resources Code §5164, this form must be completed by all applicants for
positions involving supervisory or disciplinary authority over any minor.
10.4. Aiding, abetting or soliciting the rape, rape of a spouse,or forcible acts of sexual ❑
penetration?
10.5. Enticement of an unmarried minor female for purposes of prostitution? ❑
10.6. Aiding and abetting the enticement of an unmarried minor female for purposes of ❑
prostitution?
10.7. Inducing sexual intercourse with another when the other's consent is procured by false ❑
pretenses with the intent to create fear?
10.8. Pimping of a minor? ❑
10.9. Pandering of a minor? ❑
10.10. Procurement of a child under 16 years of age for lewd or lascivious acts? ❑
10.11. Abduction(taking away)of a person under age 18 for purposes of prostitution? ❑
10.12. Aggravated sexual assault of a child?
10.13. Incest?
State of California?
CERTIFICATION OF APPLICANT
I hereby certify that all responses herein are true and correct, and I understand and agree that any misstatement or omission of
material fact may cause forfeiture on my part all 'fights to p yment by this City.
Date: 4 �$ Signature:
"EXHIBIT A"
Page 2 of 2
"EXHIBIT A"
Page 1 of 2
SUPPLEMENTAL QUESTIONNAIRE
Pursuant to California Public Resources Code §5164, this form must be completed by all applicants for
positions involving supervisory or disciplinary authority over any minor.
14. Have you ever been convicted of false imprisonment? ❑
15. Have you ever been convicted of assault? ❑
16. Have you ever been convicted of battery? ❑
17. Have you ever been convicted of murder? ❑
18. Have you ever been convicted of mayhem? ❑
19. Have you ever been convicted of a crime that requires you to register as a sex offender in the ❑
State of California?
CERTIFICATION OF APPLICANT
I hereby certify that all responses herein are true and correct,and I upftrstand and agree that any misstatement or omission of
material fact may c se forfeiture on part of all rights to empl y t y is City.
�J
Date. J � / Signature:
"EXHIBIT A"
Page 2 of 2
"EXHIBIT B"
LIST OF FACILITY USER'S EMPLOYEES AND VOLUNTEERS
WHO HAVE SUPERVISORY OR DISCIPLINARY AUTHORITY
La u Ka e
"EXHIBIT B"
Page 1 of 1
23324v2
Exhibit C1
Swim Teams (Club Teams) Fees
1-25 Swimmers $297 per month
26-50 Swimmers $559 per month
51-75 Swimmers $837 per month
76-100 Swimmers $1,117 per month
101-125 Swimmers $1,397 per month
126-150 Swimmers $1,677 per month
176-200 Swimmers $2,236 per month
Above 200 swimmers $8/swimmer per month
Exclusive usage $1.40 $1.40/swimmer per meet
AMERICAN American Safety& Health Institute
1450■ SAFETY& Eugenee,, O OR Drive
Eugene, 97402
HEALTH - 800-447-3177
INSTITUTE
�,rrer't:�>r cf ti,e
HSI family of brands
Wednesday, March 27, 2019
Laura Otteson
Dear Laura
Congratulations on successfully completing your American Safety& Health Institute Basic First Aid/CPR and
AED for Adult/Child/Infant(G2015) class. In an effort to be more environmentally friendly your ASHI Approved
Training Center has chosen to issue your certification card electronically.
The digital certification card below is identical to a printed version of the card and documents that a properly
authorized ASHI Instructor evaluated your knowledge and hands on skills in accordance with the program
standard. You may duplicate this page as needed to provide proof of your training.--- --- -- - -
Go online to access your HSI Passport and take advantage of the additional training resources available to
you:
• Metronome for CPR Rate • Mobile Application Downloads
• CPR and First Aid Skill Guides • E-mail Renewal Notification
• Digital download of Student Handbook • Rate Your Program Survey
Find the mobile app in the appstore on your smartphone or tablet.
Register now at www.hsi.com/passport/. Use the registration code 152662 to register.
Apex Performance
69636 Rochester Rd
Cathedral City, CA 92234
--------------------------------------------------------------------------------------------------------
Validation Code:C1389022253197202
CPR, AED, and Basic First Aid Bonnie Smith
Authorized Instructor(Print Name)
_ 112323
Laura Otteson Registry No.
has successfully completed and competently performed 09/13/2018 9/2020
the required knowledge and skill objectives for this program. class completion Date Expiration Date
❑Adult ❑Adult and Child CTAduR,Child,and Infant 760-880-1091 111712
Card is vcid if mare than one Los is cfmcked.
Training Center Phone No. Training Center I.D.
AMERICAN SAFETY& This card certifies the above named satisfucl has successfully completed the required or.This
and hands-on skill evaluations to the satisfaction of a currently authorized ASHI Instructor.This
program conforms to the 2075 AHA Guidelines Update for CPR and ECC and the 20f5 AHA and
GLV�ElINES �HEALTH INSTITUTE ARC Guidelines Update for First Aid.This program is not designed to meet pediatric first aid training
regulatory requirements and should not be used for that purpose.Expiration date may not exceed
u ._ two years from month of class completion.
.. ................ ....,............ ... .......... ...... ..._. -..............,................................................ ................ .._.... .... .....,.............. _ .._........ ......... ....... .........._. ...... _..........._
AMERICAN American Safety&Health Institute
1450■ SAFETY& Eugenee,, O OR Drive
Eugene, 97402
HEALTH - 800-447-3177
INSTITUTE
A��e rt -of tr,c
Thursday, October 18, 2018
Josh Otteson
Dear Josh
Congratulations on successfully completing your American Safety& Health Institute Basic First Aid/CPR and
AED for Adult/Child/Infant(G2015) class. In an effort to be more environmentally friendly your ASHI Approved
Training Center has chosen to issue your certification card electronically.
The digital certification card below is identical to a printed version of the card and documents that a properly
authorized ASHI Instructor evaluated your knowledge and hands on skills in accordance with the program
standard. You may duplicate this page as needed to provide proof of your training.
Go online to access your HSI Passport and take advantage of the additional training resources available to
you:
• Metronome for CPR Rate • Mobile Application Downloads
• CPR and First Aid Skill Guides • E-mail Renewal Notification
• Digital download of Student Handbook • Rate Your Program Survey
Find the mobile app in the appstore on your smartphone or tablet.
Register now at www.W.com/passport/. Use the registration code 152662 to register.
Apex Performance
69636 Rochester Rd
Cathedral City, CA 92234
--------------------------------------------------------------------------------------------------------
• Validation Code:C1000360545848703
CPR,AED, and Basic First Aid _ Bonnie Smith
Authorized Instructor(Print Name)
_ 112323
Josh Otteson Registry No.
has successfully completed and competently performed 10/10/2017 10/2019
the required knowledge and skill objectives for this program. Class Completion Date Expiration Date
❑Adult ❑Adult and Child 9 Adult,Child,and Infant 760-880-1091 111712
Card is void ifmore than ore Los is checked.
��''�� Training Center Phone No. Training Center I.D.
and
QL;-=1 AMERICAN SAFETY& This card certifies the above named individual has successfully completed the required objectives
�,��77 and hands-on skill evaluations to the satisfaction of a currently authorized ASHI Instructor.This
pro
im
lines
e for CPR and ECC and the
GUIDELINES
HEALTH INSTITUTE ARC
rG Guidelines s Update for First Aid.This op program isrnot designed to meet pediatri2015
first d training
regulator/requirements and should not be used for that purpose.Expiration date may not exceed
two years from month of class completion.
_. ................... .... ........ ................ . .............. _............... .............__ ......_.......... ...,................ ... ._..._... .._........ -__..__..._ .......... ..__._.............. .. ......... ......... ___...._...
3/27/2019 https://www.epathcampus.com/servlets/Campus?disp=LeamerCertificate&courscID=117642
ldq%99L,�, IQqqWk-,I AMb, gawft-, AMb,
Certificate of Completion
USA Swimming University
Laura Otteson
has successfidly completed
Club Leadership and Business Management 101
Course Start Date: February L, 2019
Course Completion Date: February 13, 2019
041
https://www.epathcampus.com/servlets/Campus?disp=LeamerCertificate&course[D=117642
3/27/2019 https://www.epathcampus.com/servlets/Campus?disp=LeamerCertificate&courseID=117642
C'erti mate of Completion � V�
USA Swimming University
Joshua Otteson
has successfidly completed
Club Leadership and Business Management 101
Course Start Date: December 14, 2018
Course Completion Date: December 17, 2018
https://www.epathcampus.com/servlets/Campus?disp=LeamerCerti ficate&coursel D=117642 i/I
3/27/2019 https://www.epathcampus.com/servlets/Campus?disp=LeamerCertificate&courselD=93616
Certificate of Complefion
t�SA A�c�
$�t11/M�ilJl1Y(p
Joshua
Foundations Otteson
has successfully completed
•' . 0
Date of Completion: September 21, 2017
https://www.epathcampus.com/servlets/Campus?disp=LeamerCerti ficate&course1D=93616 l/I
3/27/2019 https://www.epathcampus.com/servicts/Campus?disp=LeamerCertificate&courseID=93616
Certificate I Completion
4c
SfN�nr�nrntvG .
Laura
Otteson
has successfully completed
Foundations of Coachina 201.
- - r201.9
https://www.epathcampus.com/servlets/Campus?disp=LeamerCerti ficate&coursel D=93616 (!I
msU � r EValtd�ToF'12/3'1/2019 ��
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American
K
Red Cross
Joshua Otteson
has successfully completed requirements for
Safety Training for Swim Coaches Online Content Only: valid 2 Years
%rx4:,
Date Completed: 10/02/2017conducted by: American Red Cross
ID: 10PEOS
Scan code or visit: s
redcross.org/confirm
}
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American
Red Cross
laura otteson
f
has successfully completed requirements for
Safety Training for Swim Coaches Online Content Only: valid 2 Years
0 'w0
Date Completed: 09/10/2018.
conducted by: American Red Cross
ID: 13UGBS
Scan code or visit:
red cross.org/confirm
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►w
CEHTEX 6' 'oN Oy EASe"
C OMTNOL AHO NPEVEM TION
LEARNING
CENTER
Completion Certificate
Joshua otteson
has successfully completed
Concussion In Sports
10/09/2015 California
Date of Completion State of Completion
A", 29EB8106A364
NFHS Executive Director Completion Code
This certificate documents course completion, not mastery of content.This course is approved for 1(one)Clock Hour by the NFHS.
s
�rnrEna o.y�aeE_
Ilk
conrxo�nno rxsrennon
CENTER
Completion Certificate
Laura Otteson
has successfully completed
Concussion In Sports
03/11/2019 California
Date of Completion State of Completion
' I� B84311 DE1022
NFHS Executive Director Completion Code
This certificate documents course completion, not mastery of content.This course is approved for 1(one)Clock Hour by the NFHS.
ELITE OTTERS
ELITE Otters Swim Team (EOST)
Rules and Regulations
Elite Otters Swim Team, LLC (EOST) is a year-round program that is
organized and operated by the coaches. Team membership, athlete placement
and grouping are at the discretion of the coaching staff. The coaching staff has
full power to accept or reject the application of any athlete for membership.
Team membership can be terminated at the discretion of the coaches.
As a member of EOST, you are always representing our team. Every action an
athlete takes will reflect back on our program. The following behavior
guidelines state the principles and behaviors EOST expects all members to
demonstrate and uphold.
Mission Statement
Elite Otters Swim Team is dedicated to providing positive encouragement and
opportunity for all athletes to pursue excellence in a safe environment, while
also working to build self- discipline, sportsmanship and integrity. Our
primary focus is teaching proper stroke technique, racing skills and building
strength and endurance so our athletes can compete and excel at ELITE levels.
Coaches believe communication, high expectations, and setting goals are
critical components in achieving success in life and in the pool.
Vision Statement
Elite Otters Swim Team has a vision that every athlete will reach his/her
potential by being motivated to show up on time to train and with intention.
Through intensity and dedication swimmers will improve technique, increase
endurance and learn lifelong skills through competitions and interactions
with their peers. Our athletes will persevere through the hard times by being
coachable and also observing how others around them are achieving success.
EOST will win humbly and lose gracefully, always showing excellent
sportsmanship towards our peers and respect towards coaches, officials and
parents.
Registration and Fees Policy
Every member is required to register and maintain an active Team Unify
account before athlete is allowed to attend practice and/or team events. Upon
registration each family will be responsible for registration fees and monthly
dues. Dues must be paid by the Sth day of each month or a $25 late fee will be
assessed. Once dues become 10 days late the athlete will not be allowed to
practice until late fees are paid in full. Payment can be made through Venmo
(ELITE Otters Swim Team) or by check made out to: Elite Otters Swim Team,
LLC.
1. Required Annual Team Registration will be billed to the account on
annually on February 1.
2. Required USA Swimming Membership options:
i. Flex allows athlete to participate in 2 swim meets per year.
ii. Premium allows athlete to participate in unlimited swim
meets.
3. Required monthly dues are assigned to each athlete upon registration.
Programs available for registration are: Otter Pups, River Otters, Sea
Otters, Junior Otters and Senior Otters.
ELITE Otters Swim Team Rules and Regulations 2019 2
Required Practice Equipment Policy
The following items are required for every practice: water bottle, goggles,
kickboard, fins, team swim cap, towel and swim suit. When the weather is
cold a parka is also required.
Locker room Policy
The bathrooms at the Palm Springs Aquatic Center are only occasionally
checked by staff. They are not monitored by the coaches. In the event an
athlete needs to use the restroom during a training session, every effort will
be made to have that athlete accompanied by another athlete. It is strongly
recommended that you have your swimmer use the restroom prior to the
start of practice.
Swim fleet Policy
All athletes are expected to participate in all championship meets they qualify
to attend. Athletes are expected to wear designated team suits, T-shirts, and
swim caps during all competitions and when awarded medals on the podium.
All athletes and parents are expected to win with character and lose with
dignity. This means greeting fellow competitors in the same manner
regardless of the how well you perform. Athletes are expected to attend all
meets that are held in Palm Springs.
Illness Policy
ELITE Otters Swim Team Rules and Regulations 2019 3
Athletes sick with diarrhea, vomiting, pink eye. the flu and/or any
other contagious illness are not allowed to attend practice.
Additionally, athletes with cold symptoms are encouraged to rest,
rather than attend practice.
General Code of Conduct: PARENTS
The purpose of a code of conduct for parents is to establish consistent
expectations for everyone. EOST rules are intended to ensure that every
member can be successful in achieving goals in a safe manner. Parents are
expected to know the rules and obey them:
1. Support, believe in and follow the expectations of the mission statement
of EOST.
2. Support your coaches. The methods they use are based on USA
Swimming, the American Swim Coaches Association and research-based
teaching methods.
3. Maintain open and honest communication among all members of the
EOST family.
4. Be an active participant in all fundraising events and other team
activities.
S. Questions or concerns should be addressed privately with the coach.
DO NOT EVER interrupt the coach on deck during practice.
6. Parents coaching swimmers is prohibited
7. Ensure swimmers arrive to practice on time and leave on time, as well
as bring the proper equipment.
Swim Meet Code of Conduct: PARENTS
Youth sports programs play an important role in promoting the physical,
social and emotional development of children. It is essential for parents,
coaches and officials to encourage youth athletes to embrace the values of
good sportsmanship. Moreover, adults involved in or at practices,
ELITE Otters Swim Team Rules and Regulations 2019 4
competitions or related team events should be positive models of good
sportsmanship and lead by example demonstrating fairness, respect and self-
control.
1. Parents should not engage, or encourage their child to engage, in
unsportsmanlike conduct with any coach, parent, participant, official or
other attendee. Nor should they encourage any athlete to engage in
unsportsmanlike conduct.
2. Parents should not engage, nor encourage any athlete to engage, in any
behavior that may endanger the health, safety or wellbeing of any coach,
parent, participant, official or other attendee.
3. .Parent should not engage the use of profanity at team facilities, events
and social media affiliated with EOST.
4. Parents should treat any coach, parent, participant, official or other
attendee with respect regardless of race, creed, color, national origin,
sex, sexual orientation or ability. They will encourage all athletes to do
the same.
S. Parents should not engage, or encourage athletes to engage, in any
verbal or physical threats aimed at any coach, parent, participant,
official or any other attendee.
6. Parents should not use non-prescription illegal drugs or alcohol during
or while attending a team related event. This includes being under the
influence when in the presence of coaches, parents, participants,
officials or any other attendees.
7. Parents should not permit or encourage any athlete to use non-
prescription illegal drugs or alcohol during or while attending a team
related event.
8. Parent is responsible for their own personal conduct as well as the
conduct of their children when representing EOST at competitions,
practices and related events, or anywhere in public when they are
wearing EOST identifying gear.
9. It is strongly encouraged that parents communicate directly to the
Coaching Staff regarding specific areas of concern in a respectful and
productive manner to preserve the positive, family atmosphere of EOST.
10. Respect the integrity of swim officials. Any questions about
disqualifications or judging should be directed to the coach. Only
coaches may approach meet officials for clarification of rulings.
ELITE Otters Swim Team Rules and Regulations 2019 5
General CODE OF CONDUCT: ATHLETES
The purpose of a code of conduct for athletes is to establish consistent
expectations for athletes. EOST rules are intended to ensure that every
member can be successful in achieving goals in a safe manner. Swimmers are
expected to know the rules and obey them:
1. All members will respect the coaches. When a coach talks, the
swimmers' eyes and ears must be above the water pointed toward the
coach, and the voice must be off. If clarification is needed it is athlete's
responsibility to ask the coach.
2. All members will arrive on time to practices and competitions.
3. Foul language or name-calling is not permitted. Disrespectful, indiscreet
or destructive behavior will not be tolerated. Any form of sexual
harassment or bullying will not be tolerated.
4. Disruption of practice by an athlete will be grounds for removal.
5. Pushing, hitting, kicking, taunting, bullying, and other intentional
unwanted touching or interfering is not permitted. Running or other
horseplay activity is not allowed.
6. Swimmers will never sit or hang on lane ropes.
7. EOST is a drug free organization; using alcohol, non-prescription illegal
drugs or tobacco is not permitted.
8. No cell phones during practice time, including dryland. Cell phones are
never allowed in the locker rooms.
9. Athletes and Coaches are prohibited from communicating on any social
media platform. Videos and photos of athletes may only be uploaded by
the coaching staff to the team social media platform.
10. Older athletes are expected to set a good example of behavior,
work ethic and sportsmanship for younger EOST athletes.
11. Athletes are expected to follow the rules of the facility used
during practices, competitions, and team activities.
12. Athletes are expected to focus on every drill and every set giving
best effort. EOST swimmers do not cut laps, pull on lane lines, miss
send-off times or skip flip turns.
ELITE Otters Swim Team Rules and Regulations 2019 6
13. Athletes must notify the coach in advance if they are planning to
leave practice or swim meets early.
14. Athletes will never chew gum in the pool.
Swim Meet Code of Conduct- ATHLETES
1. Athletes will arrive to meet no later than 20 minutes prior to team
warm ups.
2. Athletes will conference with the EOST coaches before and after each
event at a competition. Athletes must know their heat and lane when
checking in with the coach prior to their event.
3. Athletes will warm up and cool down after every event at a meet unless
otherwise directed by the coach.
4. Good sportsmanship at all meets is the expectation for EOST. Shake
hands with other athletes, offer teammates praise, and speak
respectfully to officials and coaches.
USA Swimming Code of Conduct
Parents and athletes must read and sign the USA Swimming Code of Conduct
prior to the athlete participating in practices or team events. See additional
hand out from EOST Coach.
Violation of Code of Conduct: ATHLETES
The coaches have the authority to impose the following penalties for violation
of the EOST Code of Conduct. The following measures are not in ascending
order. Any measure may be imposed immediately by the Head Coach based
on circumstances and severity of infraction by athlete or parents.
1. Verbal Warning
2. Removal from practice
ELITE Otters Swim Team Rules and Regulations 2019 7
3. Restricted or modified practice (i.e. time out, request for written
apology, request for character essay, etc.)
4. Suspension from team events, with corrective measures and/or specific
behavior contract assigned to remedy the concern before returning to
team participation.
S. Depending on severity of conduct violation, an indefinite suspension or
complete removal from the team may be warranted. Monthly dues WILL
NOT be prorated if your swimmer is expelled from the team.
Sign below to acknowledge both PARENT and ATHLETE:
1. Has reviewed the EOST Rules and Regulations;
2. Understand the EOST Rules and Regulations;
3. Agree to abide by the EOST Rules and Regulations;
4. Accept the penalties for not abiding by the EOST Rules and Regulations;
S. Have received a copy of USA Swimming Code of Conduct;
Athlete's Signature:
*Athlete's Signature:
*Athlete's Signature:
Parent's Name:
Parent's Signature:
ELITE Otters Swim Team Rules and Regulations 2019 8
Date:
***This form must be signed and turned into the coach of EOST prior to your child will be
participating in EOST practices or swim meets.
***Only 1 signature required per swimmer. Multiple lines have been provided for families
with more than one swimmer.
ELITE Otters Swim Team Rules and Regulations 2019 9