HomeMy WebLinkAboutCC Resolution 8124 (Orca Swim Club 1990)RESOLUTION NO. 8124
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
RENEWAL OF AGREEMENT WITH ORCA SWIM CLUB/1990 (one -ear )
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 20TH
day
of FEBRUARY
, 1990
by the
following vote,
to wit:
AYES: COUNCILMEM13ERS : Boro , Brei ner, Shippey, Thayer & Mayor
NOES: COUNCILMEMBERS:None P1ul rya
ABSENT: COUNCILMEMBERS : None
ktE M. LEON INI, CITY CLERK
CITY OF SAN RAFAEL
RECREATION DEPARTMENT
SAN RAFAEL, CALIFORNIA
AGREEMENT WITH ORCA SWIM CLUB
This agreement made and entered into this 20th day of
February , 1990 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 3/24/90 lPM-4PM
Saturday
Spring Practices 3/24/90 5:OOPM-8:OOPM
to Mon/Wed/Fri
6/15/90 8:00AM-11:30AM
3. CITY shall advertise and recruit 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.
ORCA agrees to pay CITY the costs of providing life-
guard services at all times while team is utilizing
the facilities.
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,
-2-
Saturdays
Practice Meet
5/12/90
7:OOAM-1:OOPM
Saturday
League Meets
5/19,6/12
7:00AM-1:00PM
6/23,7/7
Saturdays
Summer Practices
6/16/90
6:30AM-9:OOAM
to
Mon -Thur
7/28/90
6:30PM-9:OOPM
M/W
6:30PM-8:30PM
Fri
Season Concludes
7/28/90
3. CITY shall advertise and recruit 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.
ORCA agrees to pay CITY the costs of providing life-
guard services at all times while team is utilizing
the facilities.
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,
-2-
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 a Swim Coach merit bonus at the
end of the season as a lump sum payment provided that
funds are available after meeting operating expenses.
Criteria to be evaluated in arriving at such bonus shall
be quality of coaching instruction, overall morale/
performance, number of participants, initiative,
punctuality and safety.
6. CITY shall provide facility classroom space for fund
raising events as ORCA program requires. ORCA shall
complete applications for use of the TLRC and will
pay a $10./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
constituiton and by-laws, whose elected officers and
members shall assume direct responsibility for planning,
organization and operation of ORCA program. CITY staff
-3-
shall meet with ORCA Club officers as necessary to
review and revise their constitution and by-laws. Any
required revisions shall be submitted to San Rafael
Park and Recreation Commission for its approval.
B. 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 Terra Linda
Recreation Center pool, swim practice will be conducted
in the ten -foot diving area. ORCA coaches will teach
only shallow racing dives. In situations where water
depth 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.
CITY will charge ORCA for any costs necessitated by
ORCA's failure to adhere to conditions expressed
herein (i.e. cleanup of facility after use).
CIC
11. Pool Use Fee: ORCA will pay to CITY a fee of ten
dollars ($10.00) per hour for pool use as scheduled
between March 31 and July 28, 1990. A flat fee will
be assessed the swim club for the early season opening
the week of March
24, 1990
- March
30, 1990.
12. 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.
Payment of fees: ORCA agrees that all Swim
Club membership fees are due upon registration
and shall be paid to the CITY. ORCA regis-
tration fees may be refunded before the first meet.
A $10.00 administrative charge will be deducted
from said refunded registration fee and retained
by CITY. CITY will make refunds within two (2)
weeks of written notice to Recreation office.
13. ORCA agrees to adhere to registration fee
schedule articulated below:
Fees: $175.00 for one swimmer
$225.00 for two swimmers
$275.00 for three swimmers
-5-
CITY shall reimburse Club $75.00 per family for
ORCA expenses operations.
14. ORCA agrees that all expenses directly associated
with this team and not recovered in fees
collected by the Recreation Department for a
swim season 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 1990 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 parti-
pants 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 ORCA- 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.
ATTEST:
\.
J NNS M. LEON(-"INI, CITY CLERK
APPROVED AS aTTO�FORM:
ca
GARY T. RAGGH
CITY AT
APPROVED AS�TOOCCONTENT:
BY
PAMELA NICOLAI
CITY MANAGER
CITY OF SAN RAFAEL
LAWRENCE E.tMULRYAN
MAYOR
ORCA�SWIM
I TE
BY
WILLIE DANZ
CLUB CO -/PRESIDENT
BY
BOBBIE DANZ
CLUB CO -PRESIDENT