HomeMy WebLinkAboutCC Resolution 8334 (Orca Swim Club 1991)RESOLUTION NO. 8334
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
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 a contract, lease or agreement
with
Terra Linda Orca Seim Team for the 1991 season.
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 Reqular meeting of
the City Council of said City held on Monday the 4th
day of February , 1991 by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer &
Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J k�M. LEONCI I, CITY CLERK
iP$,i I�gls4 A I
CITY OF SAN RAFAEL
RECREATION DEPARTMENT
SAN RAFAEL, CALIFORNIA
AGREEMENT WITH ORCA SWIM CLUB
This agreement made and entered into this day of , 1991 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
Recreation Center, hereinafter referred to as TLRC 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 3/16/91 9:00 AM - 11 AM
Spring Practices 3/18-6/15 M/W/F 5:00 PM - 8:30 PM
S 8:OOAM - 11:00 AM
Practice Meet 5/11 S 7:00 AM - 1:00 PM
League Meets 6/1 6/29 S 7:00 AM - 1:00 PM
6/15 7/13
Summer Practices 6/17-7/27 M - TH 6:30 AM - 9:30 AM
M/W/F 6:30 PM - 9:00 PM
Season Concludes 7/27
1 COVE -D
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 Recreation Department's
Aquatics Manual will be provided to coaching staff outlining
departmental policies and procedures.
5. CITY and ORCA agree to pay to the swim coach a lump sum merit
bonus 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 TLRC and will pay a $14. /r ,3ur 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 Parks & Recreation Commission 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 four feet deep. At the TLRC
pool, swim practice will be conducted in the ten -foot diving area.
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ORCA coaches will teach only shallow racing dives. In situations
where water is less than four 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 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, collect, and turn over to CITY the
following registration fees:
Fees: $175.00 for one swimmer
$225.00 for two swimmers
$275.00 for three swimmers
ORCA will charge each family a $75.00 parent club fee to keep and
use for the purchase of ORCA supplies.
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 $11.00 per hour for
pool use during scheduled practices and meets between March
and July.
b. Coach and Assistants - ORCA will reimburse CITY in amounts not
to exceed $8500 and $4500 for salaries for the team's coaches and
assistant coaches, respectively.
c. Lifeguard - ORCA will pay CITY a fee of $6.50/hour for lifeguards
for all hours ORCA schedules practice meets at the TLRC 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 Recreation Department
will be paid to Recreation Department 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 1991 swim season to cover all expenses.
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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.
18. MANDATORY ARBITRATION OF CLAIMS AGAINST CITY.
It is hereby expressly understood that any claim asserted against
the CITY by ORCAS SWIM TEAM and/or its members on account of
bodily injury, mental disturbance, death or property damage
sustained as a result of, or for any reason connected with the use of
CITY property, facilities, or programs pursuant to this Agreement,
will be determined by submission to arbitration as provided by
California law and not by a lawsuit or resort to court process except
as California law provides for judicial review or arbitration
proceedings. THE CITY AND THE UNDERSIGNED BY
EXECUTION OF THIS AGREEMENT ARE GIVING UP THEIR
CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE
DECIDED IN A COURT OF LAW BEFORE A JURY AND INSTEAD
ARE ACCEPTING THE USE OF ARBITRATION.
N
Attest
eanne M. Leoncini
City Clerk
Approved as too .
B 3TJ t,'14 it O� i %l
Gary T. Ragghianti
City Attorney
City Manager
of San Rafael
Lawrence E. Mulryan
Mayor
Orca Swim T
By✓ I
Gary Phillips
Club President
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