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CS Orcas Swim Club 2016CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2016 AGREEMENT WITH ORCA SWIM CLUB THIS AGREEMENT is made and entered into this /� day of r*iW0AA112016, 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 February 29, 2016 to July 8, 2016. 2. USE. A. TLCP. CITY shall make the TLCP available for CLUB use in 2016 as per the following schedule*: Club Program Daily Practices: Dates 2/29-4/8 (M -F) 3/14-4/8 (M -F) 4/11--7/8(M-F) Hours 5:15pm-8:45pm (8 lanes)* 4:30pm-5:15pm (3-4 Ianes) 5:15pm — 6:00 (7 lanes) 6:00pm — 8:45pm (8 lanes)* 6/14 — 7/7 (T/TH) 8:45am—10:00am (6 lanes) 6/13 — 7/6 (M/W)* 8:45am—9:50am (6 lanes) * Water exercise starts at loam. Q Pool will be closed for maintenance Friday mornings. e No practice on May 30 and July 4 *On weekday evenings, user groups may be scheduled one day a week, with advanced notice to the Orcas for use of 2-3 lanes. Club Program Sat. Clinics: Time Trials: League Home Meets: Season Concludes: Dates Hours 3/12,3/19,3/26 4/2 4/16 4/30,5/7,6/4,6/11 July 11, 2016 10:00am-1:00pm (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 2016 as per the following schedule: Club Program Dates Hours Rooms Sign Up Day 1/30 1:00 pm—3:OOpm 2 Pasta Power Night 4/29 4:30pm-9pm 2, 3, 4, kitchen Awards Banquet 9/10 4:30pm-9pm 2,3, 4 kitchen 3. 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 swinuner(s) begin to practice. E. CLUB shall be responsible for leaving the facilities clean and in goad 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. 2 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 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. J. 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 ue: (i) the ntiruinum 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. K. 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. L. 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. M. 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 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 $3550 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 20-817263 1. 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 2016 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 2016 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 2016 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 SCAN RAFAFL By: lc�� Gary O. Ai ps, M yor ATTEST: Z� 4-- - &e-rP-"t - Esther C. Beime, City Clerk APPROVED AS TO FORM: L 0�j r Robert F. Epstein, City A Corney W TERRA LINDAA SWIM CLUB By 7field, B President By: Vice President PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department�ff�� Date 1 City Attorney Review, revise, and comment on draft k� agreement. l 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; 11 / bonds, and insurance certificates and h 21, endorsements. %y 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the (y�� contracting department. To be completed by Contracting Department: Project Manager: Carlene McCart Project Name: 2016 Agreement — Terra Linda Orca Swim Club Agendized for City Council Meeting of (if necessary): FPPC: ❑ , check if required If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.