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Home My WebLink AboutCC Resolution 10593 (Orca Swim Club 2000)RESOLUTION NO. 10593 A RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH ORCA SWIM CLUB FOR THE 2000 SWIM SEASON THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, Orca Swim Club provides a valuable recreational opportunity for San Rafael youth; and WHEREAS, the Terra Linda Community Center Pool is the venue for Club activities; and WHEREAS, The City of San Rafael wishes to enter into an agreement with the Orca Swim Club for the 2000 swim season NOW HEREBY BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, the agreement with the Orca Swim Club, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, 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 Tuesday, the 22nd of February, 2000 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANKE M. LEONCINI, CITY CLERK �� a3 Ung �o CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT SAN RAFAEL, CALIFORNIA AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this 22nd day of FEBRUARY, 2000, by and between the City of San Rafael (hereinafter referred to as "CITY") and the ORCA Swim Team (hereinafter referred to as "ORCA"). CITY and ORCA mutually desire to provide a recreational competitive swim program for the youth of San Rafael. The parties for and in consideration of mutual promises, covenants and conditions hereinafter contained agree as follows: 1. CITY shall grant ORCA the use of the facilities at the Terra Linda Community Center, hereinafter referred to as Terra Linda Community Services Pool for the sole purpose of conducting ORCA practices as well as competitive swim meets as scheduled. 2. CITY shall make the pool facility available as per the following schedule: Club Program Dates Hours Splash Day 3/4 9:OOAM-12PM pool until 11 AM Daily Practices 3/6-7/21 M/W/F 5-8:45PM *T/Th 6-9PM Parent's Meeting 3/20 Mon. 7-9PM Sat. Clinics 3/25 and 4/29 Sat. 8AM-11AM Time Trials 5/6 Sat. 8AM-12:30PM Practice Meet Pasta Power Night 5/12 Fri., 4:30-9PM League Home Meets 5/13, 5/20,6/3, 6/10 Sat. 7AM-12PM Parent Meet, BBQ, Dance 7/15 Season Concludes Sat., 2-11PM (Pool 6-8PM, share w/public) `h 'i *(Tuesday and Thursday using only two lanes.) 3. CITY shall advertise and recruit for swim coach personnel. ORCA will interview and recommend candidates for hire. CITY shall retain final approval of personnel selection. The Coach, Assistant Coach and Lifeguards will be CITY employees bound by the rules and regulations of CITY. CITY will process payroll for the swim coach, assistant coach and lifeguard. 4 All team staff must have current American Red Cross certification in Safety Training for swim coaches, Water Safety Instructor or equivalent, Standard First Aid, and Cardiopulmonary Resuscitation. A copy of the San Rafael Community Services Aquatics Manual will be provided to coaching staff outlining departmental policies and procedures. 5. CITY and ORCA agree to consider a lump sum merit bonus for the swim coach at the end of the season, provided there are funds available for such a bonus after meeting ORCA program's operating expenses. 6. CITY shall provide ORCA facility with classroom space for fund-raising events as program requires. ORCA shall complete applications for use of the TLCC and will pay $20/hour flat rate fee established by CITY to recover direct costs of utilities and facility attendant . 7. ORCA, under the auspices of CITY, 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 ORCA program. CITY staff shall meet with ORCA Club officers as necessary to review and revise their constitution and by-laws. Any required revisions shall be submitted to the San Rafael Community Services for its approval. 8. ORCA will assure that parents or coaches are assigned daily to control and supervise the activities of swimmers out of water/using dressing rooms, or other general activities on site. 9. During competition/practice at any site, Swim 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. At the TLCC pool, swim practice will be conducted in the ten -foot diving area. ORCA 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. 10. CITY agrees to maintain aquatic facility in good use and to respond to emergency repairs at said pool. ORCA shall be responsible for leaving the facility clean and in good order after each use. CITY will charge ORCA cost of any necessary staff time to clean up if ORCA fails to adhere to this condition. 11. Registration: ORCA agrees that all swimmers shall have a Swim Team registration completed in possession of coach or assistant coach prior to entering the water for any reason during team time at all sites. 12. ORCA agrees to charge and collect the following registration fees: Fees: $225. for one swimmer $340. for two swimmers $440. for three swimmers or more $65. for high school swimmer 13. Pavment of fees: ORCA agrees to reimburse CITY for payment of the following fees: A. Pool Usage Fee- ORCA will pay CITY a fee of $13.00 per hour for pool use during scheduled practices and meets between March and July. B. As an additional assessment for the four (4) weeks the Club will use the pool prior to the public opening the Club will pay the additional gas utility expense. ORCA Swim Club will have the option to reimburse CITY for the month of April (PG&E) gas service period in the 2000 season. The amount will be determined by June 15, 2000. C. Coach and Assistants - ORCA will reimburse CITY in amounts not to exceed $12,000., $6000 for salaries for the team's coach and two assistant coaches, respectively. D. Lifeguard: - ORCA will pay CITY a fee of $9.00/hour for lifeguards for all hours ORCA schedules practice meets at the TLCC pool site between March and July. 14. ORCA agrees that all expenses directly associated with this team and not recovered in fees collected by the Community Services Department will be paid to Community Services at season's conclusion. 15. ORCA will provide CITY with a proposed annual operating budget for swim season prior to the fiscal year. All fee increases will be in effect for the 2000 swim season to cover all expenses. 16. Either party may terminate this agreement by giving the other party sixty (60) days written notice. 17. Prior to participating in the program, ORCA and its 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 ORCA is using any pool facility. If a member refuses to sign, he/she will not be eligible to participate. 18. Indemnitv Orca Swim 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 ORCA, for injury to, or death of persons or damage to property, however arising, from the obligations and actions of ORCA, its officers, employees, or agents under the terms of this agreement, excepting only the sole gross negligence or willful misconduct of CITY. 19. Insurance ORCA at its sole cost and expense, shall obtain and maintain, during the life of this agreement, such liability insurance in the amount of $1,000,000/$2,000,000, satisfactory in form to CITY, and with CITY, its officers, employees and agents added as an additional named insured, as shall protect ORCA and CITY , its officers, employee 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 ORCA, its officers, agents, employees or subcontractors. Attest -t J-`---------- =----------------- Jeanne M. Leoncini, City Clerk A to rm: --------- - ` -----------------"-`-= Gary T. Ragghianti, C' y Attorney A pr ved as�o conte : Viz Rod Gould, City Manag r City of San Rafael mr.a'A fjjo Orea Swim Team: =------------------ Pat Bohm, President