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HomeMy WebLinkAboutCS Orca Swim Club 2015carr of Agenda Item No: 3. c Meeting Date: March 2, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Debbie Younkin, City Manager Approval 0-("'., Recreation Supervisor SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF THE 2015 AGREEMENT WITH ORCA SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER AND POOL RECOMMENDATION: Staff recommends that the City Council approve the Resolution authorizing the Orca Swim Club to conduct club events and swim practices at the Terra Linda Community Center and Pool for the 2015 swim season. BACKGROUND: The Orca Swim Club has utilized the Terra Linda Community Pool since 1962. The swim club has 150-200 members, ages 5-18, who train and compete in the Marin Swim League. The Club utilizes the pool facilities from March through mid July, Monday through Friday, for practices and 8- 10 Saturday mornings per year for swim meet competitions and clinics. The Club also utilizes the facilities in the Terra Linda Recreation Center for meetings, socials and fundraisers. Each year, the Community Services staff meets with Club representatives to schedule pool and facility use that strike a balance between Club needs and community access to both facilities. The Park and Recreation Commission recommended approval of the 2015 Agreement at their meeting of February 19. ANALYSIS: The Club and the City have actively negotiated various terms and conditions to strike a balance between the facility needs of the Club and the community program facility requirements such as shared use with other program areas including but not limited to public swim, swim lessons, staff training, and lifeguard training classes. 2015 Agreement changes are minimal. The Club has three home meets this season as opposed to four in 2014 and the season will conclude on July 11. Three meets results less overall impact of noise, parking, traffic and amplified announcements on the nearby residents. A swim meet runs from 6am to 2pm on a Saturday morning and draws approximately 300-400 people to the facility. The meet announcements and starter clocks start at 7:30am with swimmers in the water. The City and Club make every attempt to conclude meets on time, there is still a potential for the public swim schedule to be delayed on swim meet dates. FOR CITY CLERK ONLY File No.: 14-10-1;f2- Y Council Meeting: -6/.l- /2D1S Disposition: ie 0, t ' " SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Another change in the 2015 Agreement allows for additional pool lanes for exclusive use. The Club is requesting the use of 3-4 lanes in March for extra coaching for novice swimmers who are not quite ready to swim with the team. This request will not impact other user groups since the facility will not be open to the public until April. Younger, more novice swimmers will be able to get more one on one attention prior to moving up with the more advanced swimmers. It does not impact the facility or other programming since the pool does not open for the public until April. The Club participation numbers for practices between 6-8pm have increased, with more advanced swimmers returning to swim for the Orcas. To ensure swimmers have ample and safe space to practice, the use of 7-8 lanes has been requested between 6-8:45pm. This means the elimination of evening public lap swim from 7:30-8:30pm that occupied one to two lanes On average four swimmers have come for evening lap swim. The space will be better utilized by the team in order to ensure a better practice environment with more space for swimmers. Evening public lap swim will return from 5:00pm-7:00pm when the swim team season concludes. FISCAL IMPACT: The table below shows the revenue for the past two seasons. The agreement calls for the Club to pay $35.50 per hour for lifeguard services and the use of the Terra Linda Community Pool. The Club will also be charged $17.75/hour for the additional lifeguard that is needed when guarding novice swimmers and swim meets. Fees for the use of the Terra Linda Community Center also as per the schedule, is at the Non -Profit Rental Rate, $30-$50 per hour. For the month of March and early April, the Club will pay a portion of the utility costs for the pool in the amount of $945.00. There has been an increase in coaching fees over the 2013 season due to the continued recruitment of high caliber coaches. An additional coach has also been brought on to work with the more novice swimmers. The Club recruits, selects and negotiates the contracts for the coaching staff. The City is reimbursed 100% for the cost of the coaching staff by the Club. The Club generates revenue through participation fees. The cost of one swimmer is $400 and a family of three or more is $875.The team also raises money through sponsorships and fundraising events such as the Orca swim a thon. Orca Swim Club 2013 Season 2014 Season Gross revenue to the Ci $51,766.00 $63,491.00 City paid coaching staff $36,375.00 $47,950.00 Net paid to the Cit $15,391.00 $15,541.00 OPTIONS: 1. Approve the 2015 Agreement 2. Reject this agreement and direct staff to renegotiate. ACTION REQUIRED: Approve the Resolution of the City Council of the City of San Rafael Authorizing the Execution of the 2015 Agreement with Orca Swim Club for Use of the Terra Linda Community Center and Pool. Encls; Resolution with 2015 Agreement with the Orca Swim Club RESOLUTION NO. 13882 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF THE 2015 AGREEMENT WITH ORCA SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER AND POOL WHEREAS, the City and Club mutually desire to provide a recreational competitive swim program for the youth of San Rafael; and WHEREAS, the Club has utilized the Terra Linda Community Pool since 1962 as a volunteer organization promoting youth swimming; and WHEREAS, the City shall grant the Club use of the facilities at the Terra Linda Community Pool, hereinafter referred to as TLCP for the sole purpose of conducting CLUB practices, activities and competitive swim meets as scheduled. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL authorizes the execution of the 2015 Agreement with Orca Swim Club for the use of the Terra Linda Community Center and Pool. The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an Agreement, a copy of which is hereby attached and by this reference made a part hereof. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, March 2, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin & Vice -Mayor McCullough NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Phillips ESTHER C. BEIRNE, City Clerk CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2015 AGREEMENT WITH ORCA SWIM CLUB THIS AGREEMENT is made and entered into this 2N-4 day of 0t-14- , 2015, by and between the City of San Rafael (hereinafter referred to as "CITY") and the Terra Linda Orca Swim Club, a non-profit organization, (hereinafter referred to as "CLUB"). RECITALS CITY and CLUB mutually desire to provide a recreational competitive swim program for the youth of San Rafael. CITY shall grant the CLUB use of the facilities at the Terra Linda. Community Pool (hereinafter referred to as "TLCP") and Terra Linda Community Center (hereinafter referred to as "TLCC") for the sole purpose of conducting CLUB practices, activities and competitive swim meets as scheduled. Now, therefore, in consideration of mutual promises, covenants and conditions hereinafter contained, the parties agree as follows: 1. TERM. The term of this agreement shall be from March 2, 2015 to July 11, 2015. 2. USE. A. TLCP. CITY shall make the TLCP available for CLUB use in 2015 as per the following schedule*: Club Program Daily Practices Dates 3/2-4/3 (M -F) 3/16-4/3 (M -F) 4/6--7/ 10(M F) Hours 5:15pm-8:45pm (8 lanes)* 4:30pm-5:15pm (3-4 lanes) 5:15pm — 6:00 (7 lanes) 6:00pm — 8:45pm (8 lanes)* 6/16 — 7/9 (T/TH) 8:45am—10:00am (6 lanes) 6/15 — 7/8 (M/W)* 8:45am—9:50am (6 lanes) 'r Water exercise starts at loam. • Pool will be closed for maintenance Friday mornings. *On weekday evenings, user groups may be scheduled one day a week, with advanced notice to the Orcas for use of 2-3 lanes. KI Club Program Dates Hours Sat. Clinics: 3/14, 3/21, 3/28 10:00am-1:00pm (8 lanes) 4/4 & 4/11 Time Trials: 4/18 6:30am — 11:30am League Home Meets: 6/6,6/13,6/27 6:30am-1:30pm (in the water by 7:30am) Season Concludes: July 11, 2015 B. TLCC. CITY shall grant the CLUB use of the facilities at the TLCC available for CLUB activities in 2015 as per the following schedule: Club Program Dates Hours Rooms Sign Up Day 1/31 1:00 pm—3:OOpm 2 Pasta Power Night 5/8 4:30pm-9pm 2, 3, 4, kitchen Awards Banquet 9/12 4:30pm-9pm 2,3, 4 kitchen CLUB RESPONSIBILITIES. A. CLUB will share the TLCP with various aquatic enrichment programs that will be scheduled for spring and summer. Those programs are not limited to, but will include Lifeguard training classes, water safety instructor class, and junior lifeguard program, swim lessons, WaterGym and public swim. B. CLUB shall operate as a self-governing organization under an established constitution and by-laws, whose elected officers and members shall assume direct responsibility for planning, organization and operation of CLUB programs. C. CLUB agrees to charge and collect the following registration fees: $400.00 one swimmer/family $700.00 two swimmers/family $875.00 three or more swimmers/family $50 high school swimmer D. Prior to participating in the program, CLUB members shall individually, as participants sign forms to release and hold CITY harmless from any and all liability for injury to themselves or other participants during hours CLUB is using the pool facility. Members must sign such release to be eligible to participate in CLUB programs. A copy of the signed waiver must be accessible to CITY staff. A waiver must be on file before the swimmer(s) begin to practice. E. CLUB shall be responsible for leaving the facilities clean and in good order after each use. CITY will charge CLUB the cost of any necessary staff time to clean if CLUB fails to adhere to this condition. F. CLUB officers and coaches will not permit swim team members to dive from starting platforms into water that is less than three and one-half feet deep. CLUB coaches will teach only shallow racing 2 dives. In situations where water is less than three and one-half feet, swimmers must enter the water from the deck level. G. CLUB will assure that parents or coaches are assigned daily to control and supervise the activities of swimmers in the pool, within the pool facility, in dressing rooms, and during other general activities on site. Facility and pool rules will be followed by coaches and parents. An Orca representative will be assigned to inspect both locker rooms when practice/meet is complete and all swimmers are finished with the facilities. H. CLUB agrees to supervise and enforce the closure of the tot pool during swim meets. I. CLUB requests for additional hours of use must be submitted in writing. The hourly TLCP rental fee shall be applied to any additional hours granted for CLUB use. CLUB at its sole cost and expense, shall obtain and maintain, during the life of this agreement, a policy of commercial general liability insurance in the amount of $1,000,000/$2,000,000, satisfactory in form to CITY, as shall protect CLUB and CITY, its officers, employees and agents from claims for damages or personal injury, including accidental death, as well as for claims for property damage which may arise from or out of this agreement, whether by CLUB, its officers, agents, employees or subcontractors. CLUB's insurance policy shall be specifically endorsed to provide: 1) that CITY, its officers, employees and agents shall be named as additional named insureds; and 2) that the additional insured coverage under the policy shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self- insurance coverage for any contribution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. J. CLUB shall obtain a one -day permit to sell alcoholic beverages from the Alcoholic Beverage Control agency (ABC) if alcoholic beverages are to be sold at any CLUB event held at the TLCP or TLCC. The ABC considers a donation at the door for food and/or alcohol a requirement for a one -day permit. No alcohol is allowed at the TLCP or in the park area. K. CLUB shall defend, indemnify and hold harmless CITY, its officers, employees, and agents from and against any and all claims, demands, losses, or liability which may be alleged by any person, or by CLUB, for injury to, or death of persons or damage to property, however arising, from the obligations and actions of CLUB, its officers, employees, or agents under the terms of this agreement, excepting only the sole gross negligence or willful misconduct of CITY. L. CLUB owns and shall be responsible for proper maintenance, use, storage and replacement of: eight (8) starting platforms, one (1) backstroke pennant, four (4) stanchion posts (backstroke), and two (2) stanchion posts (false start). 4. COACHING STAFF. A. The CLUB Coach, Assistant Coach and associated staff shall be Independent Contractors with the City of San Rafael. CLUB will recruit, interview and recommend candidates for contract. CLUB shall reimburse CITY for contractual services of the CLUB Coach and Assistant Coaches; CITY shall retain final approval of selection. B. All CLUB coaching staff must have current American Red Cross certification in Lifeguard Training that includes Standard First Aid, and Cardiopulmonary Resuscitation for the Professional Rescuer, or its equivalent. C. CLUB coaching staff is not permitted to conduct private, semi -private or group swim lessons, unless under contract with the CITY to do so. Individuals conducting swim lessons outside of a contract 3 with CITY shall be warned in writing and the CLUB shall be notified. Repeat violations will be cause to sever this contract agreement with the CLUB. D. Coaches and/or Assistant Coaches shall have completed registration forms for each CLUB swimmer on site at all CLUB practices and meets at TLCP. 5. CITY RESPONSIBILITIES. A. CITY shall provide TLCP and TLCC facilities on the schedule contained in this agreement. B. CITY shall monitor maintenance of the aquatic facility, and alert CLUB immediately of unclean or unsafe conditions. C. CITY shall provide scheduled lifeguards. D. CITY shall invoice the CLUB by the 151h of each month. CLUB agrees to pay the monthly invoice by the end of the month. 6. PAYMENT. A. Payment of fees. CLUB agrees to reimburse CITY for payment of the following fees: 1) TLCP. CLUB will pay the CITY a fee of $35.50 per hour for two Lifeguards and TLCP use. An additional lifeguard at a charge of $17.75/hour will be required for swim meets and during the beginning of the swim season until the Program Coordinator feels staffing can reduce to two. For the month of March and early April, the CLUB will pay a portion of the utility costs for the pool in the amount $945. 2) TLCC. CLUB will pay the Private Use & Non -Profit Fundraising Events rental rate for the Terra Linda Community Center. The Community Center usage fee will also include staff attendant fee of $25 per hour after 9pm, Monday -Thursday, 5pm on Friday and all day Saturday or Sunday. The CLUB is a 501(c)3 with a Tax Identification number of 20-8172631. The Non -Profit rates will be charged for events that are not considered a fundraiser. Clubroom five will be available for meets at no additional charge. The 2015 Non Profit rental rates are: $48/hr. for one clubroom $60/hr. for two clubrooms $71 /hr. for three clubrooms $60/flat fee for kitchen use B. CLUB agrees that all expenses directly caused by the team and not recovered in fees collected by the Community Services Department will be paid to the Department at the conclusion of the 2015 swim season. C. CLUB will provide CITY with a proposed annual operating budget for swim season prior to the swim season. Participant fees and fundraising activities as per this agreement will cover the operating costs for the 2015 swim season. 7. TERMINATION. Either party may terminate this agreement by giving the other party sixty (60) days written notice. 8. NOTICE. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal service. Notice shall be given as follows: TO CITY: Community Services Director City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CLUB: Terra Linda Orca Swim Club PO Box 6838 San Rafael, CA 94903 WHEREFORE, this Agreement is executed as of the date first set forth above. CITY OF SAN B''' Y: Gary O. Phillips, _ yor G . 13U Kms. Esther C. Beirne, City Clerk APPROVED AS TO FORM: Robert F. Epstein, City Att rney' TERRA LINDA By: SWIM CLUB , President By. k. .. ,w ..... Vice Presiden -DC"' ` S' G 013 6t r 9 CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH'SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: March 2, 2015 FROM: Debbie Younkin DEPARTMENT: Community Services DATE: February 23, 2015 TITLE OF DOCUMENT: Resolution of Approval of the 2015 Agreement with the Orcas Swim Club for the Use of the Terra Linda Community Pool epD artment Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: ,'r_ City Manager ( ignature) NOT APPROVED REMARKS: APPROVED AS TO FORM: �" , ) 'C" '4' az 'z r City Attorney (signature) CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2015 AGREEMENT WITH ORCA SWIM CLUB THIS AGREEMENT is made and entered into this 2nd4 day of ��- , 2015, by and between the City of San Rafael (hereinafter referred to as "CITY") and the Terra Linda Orca Swim Club, a non-profit organization, (hereinafter referred to as "CLUB"). RECITALS CITY and CLUB mutually desire to provide a recreational competitive swim program for the youth of San Rafael. CITY shall grant the CLUB use of the facilities at the Terra Linda Community Pool (hereinafter referred to as "TLCP") and Terra Linda Community Center (hereinafter referred to as "TLCC") for the sole purpose of conducting CLUB practices, activities and competitive swim meets as scheduled. Now, therefore, in consideration of mutual promises, covenants and conditions hereinafter contained, the parties agree as follows: 1. TERM. The term of this agreement shall be from March 2, 2015 to July 11, 2015. 2. USE. A. TLCP. CITY shall make the TLCP available for CLUB use in 2015 as per the following schedule*: Club Program Daily Practices: Dates 3/2-4/3 (M -F) 3/16-4/3 (M -F) 4/6--7/ 10(M -F) Hours 5:15pm-8:45pm (8 lanes)* 4:30pm-5:15pm (3-4 lanes) 5:15pm — 6:00 (7 lanes) 6:00pm — 8:45pm (8 lanes)* 6/16 — 7/9 (T/TH) 8:45am—10:00am (6 lanes) 6/15 — 7/8 (M/W)* 8:45am—9:50am (6 lanes) Water exercise starts at loam. • Pool will be closed for maintenance Friday mornings. *On weekday evenings, user groups may be scheduled one day a week, with advanced notice to the Orcas for use of 2-3 lanes. 3. Club Proms Dates Sat. Clinics: 3/14, 3/21, 3/28 4/4 & 4/11 Time Trials: 4/18 League Home Meets: 6/6, 6/13,6/27 Season Concludes: July 11, 2015 Hours 10:00am-1:OOpm (8 lanes) 6:30am — 11:30am 6:30am-1:30pm (in the water by 7:30am) B. TLCC. CITY shall grant the CLUB use of the facilities at the TLCC available for CLUB activities in 2015 as per the following schedule: Club Program Dates Hours Rooms Sign Up Day 1/31 1:00 pm—3:OOpm 2 Pasta Power Night 5/8 4:30pm-9pm 2, 3, 4, kitchen Awards Banquet 9/12 4:30pm-9pm 2,3, 4 kitchen CLUB RESPONSIBILITIES. A. CLUB will share the TLCP with various aquatic enrichment programs that will be scheduled for spring and summer. Those programs are not limited to, but will include Lifeguard training classes, water safety instructor class, and junior lifeguard program, swim lessons, WaterGym and public swim. B. CLUB shall operate as a self-governing organization under an established constitution and by-laws, whose elected officers and members shall assume direct responsibility for planning, organization and operation of CLUB programs. C. CLUB agrees to charge and collect the following registration fees: $400.00 one swimmer/family $700.00 two swimmers/family $875.00 three or more swimmers/family $50 high school swimmer D. Prior to participating in the program, CLUB members shall individually, as participants sign forms to release and hold CITY harmless from any and all liability for injury to themselves or other participants during hours CLUB is using the pool facility. Members must sign such release to be eligible to participate in CLUB programs. A copy of the signed waiver must be accessible to CITY staff. A waiver must be on file before the swimmer(s) begin to practice. E. CLUB shall be responsible for leaving the facilities clean and in good order after each use. CITY will charge CLUB the cost of any necessary staff time to clean if CLUB fails to adhere to this condition. F. CLUB officers and coaches will not permit swim team members to dive from starting platforms into water that is less than three and one-half feet deep. CLUB coaches will teach only shallow racing 2 dives. In situations where water is less than three and one-half feet, swimmers must enter the water from the deck level. G. CLUB will assure that parents or coaches are assigned daily to control and supervise the activities of swimmers in the pool, within the pool facility, in dressing rooms, and during other general activities on site. Facility and pool rules will be followed by coaches and parents. An Orca representative will be assigned to inspect both locker rooms when practice/meet is complete and all swimmers are finished with the facilities. H. CLUB agrees to supervise and enforce the closure of the tot pool during swim meets. 1. CLUB requests for additional hours of use must be submitted in writing. The hourly TLCP rental fee shall be applied to any additional hours granted for CLUB use. CLUB at its sole cost and expense, shall obtain and maintain, during the life of this agreement, a policy of commercial general liability insurance in the amount of $1,000,000/$2,000,000, satisfactory in form to CITY, as shall protect CLUB and CITY, its officers, employees and agents from claims for damages or personal injury, including accidental death, as well as for claims for property damage which may arise from or out of this agreement, whether by CLUB, its officers, agents, employees or subcontractors. CLUB's insurance policy shall be specifically endorsed to provide: 1) that CITY, its officers, employees and agents shall be named as additional named insureds; and 2) that the additional insured coverage under the policy shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self- insurance coverage for any contribution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. J. CLUB shall obtain a one -day permit to sell alcoholic beverages from the Alcoholic Beverage Control agency (ABC) if alcoholic beverages are to be sold at any CLUB event held at the TLCP or TLCC. The ABC considers a donation at the door for food and/or alcohol a requirement for a one -day permit. No alcohol is allowed at the TLCP or in the park area. K. CLUB shall defend, indemnify and hold harmless CITY, its officers, employees, and agents from and against any and all claims, demands, losses, or liability which may be alleged by any person, or by CLUB, for injury to, or death of persons or damage to property, however arising, from the obligations and actions of CLUB, its officers, employees, or agents under the terms of this agreement, excepting only the sole gross negligence or willful misconduct of CITY. L. CLUB owns and shall be responsible for proper maintenance, use, storage and replacement of: eight (8) starting platforms, one (1) backstroke pennant, four (4) stanchion posts (backstroke), and two (2) stanchion posts (false start). 4. COACHING STAFF. A. The CLUB Coach, Assistant Coach and associated staff shall be Independent Contractors with the City of San Rafael. CLUB will recruit, interview and recommend candidates for contract. CLUB shall reimburse CITY for contractual services of the CLUB Coach and Assistant Coaches; CITY shall retain final approval of selection. B. All CLUB coaching staff must have current American Red Cross certification in Lifeguard Training that includes Standard First Aid, and Cardiopulmonary Resuscitation for the Professional Rescuer, or its equivalent. C. CLUB coaching staff is not permitted to conduct private, semi -private or group swim lessons, unless under contract with the CITY to do so. Individuals conducting swim lessons outside of a contract 3 with CITY shall be warned in writing and the CLUB shall be notified. Repeat violations will be cause to sever this contract agreement with the CLUB. D. Coaches and/or Assistant Coaches shall have completed registration forms for each CLUB swimmer on site at all CLUB practices and meets at TLCP. 5. CITY RESPONSIBILITIES. A. CITY shall provide TLCP and TLCC facilities on the schedule contained in this agreement. B. CITY shall monitor maintenance of the aquatic facility, and alert CLUB immediately of unclean or unsafe conditions. C. CITY shall provide scheduled lifeguards. D. CITY shall invoice the CLUB by the 15`h of each month. CLUB agrees to pay the monthly invoice by the end of the month. 6. PAYMENT. A. Payment of fees. CLUB agrees to reimburse CITY for payment of the following fees: 1) TLCP. CLUB will pay the CITY a fee of $35.50 per hour for two Lifeguards and TLCP use. An additional lifeguard at a charge of $17.75/hour will be required for swim meets and during the beginning of the swim season until the Program Coordinator feels staffing can reduce to two. For the month of March and early April, the CLUB will pay a portion of the utility costs for the pool in the amount $945. 2) TLCC. CLUB will pay the Private Use & Non -Profit Fundraising Events rental rate for the Terra Linda Community Center. The Community Center usage fee will also include staff attendant fee of $25 per hour after 9pm, Monday -Thursday, 5pm on Friday and all day Saturday or Sunday. The CLUB is a 501(c)3 with a Tax Identification number of 20-8172631. The Non -Profit rates will be charged for events that are not considered a fundraiser. Clubroom five will be available for meets at no additional charge. The 2015 Non Profit rental rates are: $48/hr. for one clubroom $60/hr. for two clubrooms $71 /hr. for three clubrooms $60/flat fee for kitchen use B. CLUB agrees that all expenses directly caused by the team and not recovered in fees collected by the Community Services Department will be paid to the Department at the conclusion of the 2015 swim season. C. CLUB will provide CITY with a proposed annual operating budget for swim season prior to the swim season. Participant fees and fundraising activities as per this agreement will cover the operating costs for the 2015 swim season. 7. TERMINATION. Either party may terminate this agreement by giving the other party sixty (60) days written notice. 8. NOTICE. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal service. Notice shall be given as follows: TO CITY: Community Services Director City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CLUB: Terra Linda Orca Swim Club PO Box 6838 San Rafael, CA 94903 WHEREFORE, this Agreement is executed as of the date first set forth above. CITY OF SAN ] By: — 'L Gary O. P illips, ATTEST: e--- 49U e-'4. . Esther C. Beirne, City Clerk APPROVED AS TO FORM: 1 . Robert F. Epstein, Cit*Att er}� Y TERRA LINDA SWIM CLUB eld, President By- Vice Presiden 71)c,�,eI S. 0,:136 e`�� 19