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Home My WebLink AboutCC Resolution 10366 (Orca Swim Club 1999)RESOLUTION NO. 10366 A RESOLUTION AUTHORIZING THE SIGNING OF THE 1999 AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE ORCA SWIM CLUB 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 1999 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 16th day of FEBRUARY , 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANIqE M. LEONCINI, CITY CLERK ORIGINAL a$ CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this 16th day of February 1999 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 use of the facilities at the Terra Linda Community Center, hereinafter referred to as Terra Linda Commuity 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 Proeram Dates Hours Splash Day 3/06/99 9:OOAM - 12PM pool until I IAM Daily Practices 3/08-7/23 NM/F/ 5:OOPM - 8:30PM *T/Th 6:OOPM - 9:OOPM Sat. Clinics 4/17,4/24,5/1 Sat. 8:OOAM - 11:00AM Time Trials/ 5/8/99 Sat 8:OOAM. - 12:30PM Practice Meet League Home Meets 5/22, 6/19, 6/26 Sat 7:OOAM - 1:OOPM Parent Meet, BBQ, Dance 7/17 Sat 5:OOPM - 10:00PM (pool 6-8pm, share w/public) Season Concludes 7/24/99 (*Tuesday and Thursday using only two lanes.) 1 COPY 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 the CITY. CITY will supervise and manage employees. 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 Cardio -Pulmonary 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 the Orca program's operating expenses. 6. CITY shall provide ORCA facility classroom space for fund raising events as program requires. ORCA shall complete applications for use of the TLCC and will pay a $17.00/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. 2 11. Registration: ORCA agrees that all swimmers shall have a Swim Team registration card completed and in possession of coach or assistant coach prior to entering the water for any reason during team time at all swim sites. 12. ORCA agrees to charge and collect the following registration fees: Fees: $200.00 for one swimmer $300.00 for two swimmers $400.00 for three swimmers $50.00 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. The ORCA Swim club will have the option to reimburse the CITY for the month of April (PG&E) gas service period in the 1999 season. The amount will be determined by June 10, 1999. c. Coach and Assistants - ORCA will reimburse CITY in amounts not to exceed $10,500.00, $5,250.00 for salaries for the team's coach and two assistant coaches, respectively. d. Lifeguard - ORCA will pay CITY a fee of $8.50/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 1999 swim season to cover all expenses. 16. Either party may terminate this Agreement by giving the other party sixty days written notice. 17. Prior to participating in the program, ORCA and its members shall individually as participants sign forms to release and hold the 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. 3 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, loses, 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, it officers, employees, or agents under the terms of this agreement, excepting only the sole gross negligence or willful misconduct of City. 19. Insurance Orca Swim Club at its sole cost and expense, shall obtain and maintain, during the life of this agreement, such public liability insurance in the amount of $1,000,000/$2,000,000, satisfactory in form to the City, and with the City, its officers, employees and agents added as an additional named insured, as shall protect Orca Swim 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 Orca Swim Club, its officers, agents, employees or subcontractors. Attest -.{A ' June M. Leoncini; City Clerk Approved as to content: Rod Gould, City Manager omey City of San Rafael A1be,dJ!Boro, or Orca Swim Team: 1 p d Elizabe't� Re 'pp re , Co-sident "- A I L'Ma-'J4'-' Hilary N ath, Co -President 0