The URL can be used to link to this page

Home My WebLink AboutCC Resolution 7686 (Orca Swim Club 1988)RESOLUTION NO. 7686 A RESOLUTICN AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR ALIT THE CITY ODUNCIL 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 Memorandum of Understanding with Terra Linda Orca Swim Club/1988 (for one year). a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LBONCINI, 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 Monday the 7th day of March 19 88 by the following vote, to wit: AYES: OOUNCILAUDABE ,S: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: OOUNCILMEMBERS : None JfE M. LEONCINI , ITY CLERK R-I @ q U! L +76 "k CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA MEMORANDUM OF UNDERSTANDING This memorandum of understanding, made and entered into this --SeywI'ith_ ------------dav of-Mmch- -- -------------------- 19881 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 aoree as follows: 1. CITY shall provide ORCA 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 provide aquatic space descr abed below: gig? Program Dates H21r- s Splash Day 3/19/88 8:00AM-12:00pm Saturday Spring Practices 3/28/88 5:OOPM-9:OOPM to Mon./Wed./Fri. 6/17/88 8:00AM-1 l :00AM Saturdays Practice Meet 5/14/68 7 : i i0AM-1 : 00P1y1 Saturday League Meets 6/4,6/W, 7: 0i yam -1 : 0 ppm 7/9 & 7/23 Saturdays Summer Practices 6/. 0/88 6: 30Ah - 10:0UAM to Mon.-Thurs. 7/30/88 6:� 0pm-10:00PT11 M/W/F Season Concludes 7/30/88 _4_ H complete schedule of events will be provided to the Recreation Department no later than Saturday January 15, 1988, for the swim season of 1988, exclusively. ?,. CITY shall assist ORCA with personnel recruit- ment, hiring and processing payroll for the swim team coach, assistant coach and lifeguard. The coach, assistant coach and lifeguard will be CITY employees bound by the rules and regulations of the CITY. ORCA agrees to pay CITY casts of pro- viding lifeguard services at all times while team is utilizing the facilities. CITY will supervise and manage employees. All team staff must have current American Red Crass certification in Water Safety Instructor or equivalent, standard First A i d and cardio -pulmonary resuscitation. Coaches may be required to attend all inservice CITY training seminars as required by all aquatics personnel. A copy of the San Rafael Recreation Department's Aquatics Manual will be provided to coaching staff outlining departmental policies and procedures. 4. 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 tact i lty attendant. 5. ORCA, under the ausQice= of CITr, shall operate as a self-governing organization under an established constitution and by-laws, whose e]erted Officer,=_ and wc'mhevs shn- - a5suIic CirEct -3- 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 Parks and Recreation Commission for its approval. 6. ORCA will assure that parents are assigned daily to supervise control over swimmers out of water/using dressing roams, or other- general activities on site. 7. 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.) 8. Pool Use Fee: ORCA will pay to CITY a fee of ten dollars ($10.00) per hour- for pool use as scheduled between March 19 and July 30, 1988. 9. Registration: ORCA agrees that all swimmers shall have a Swim Team registration card completed and in possession of coach/assistant coach prior to entering water for any reason during team time at all s"iy sues. Payment of fees: ORCA agrees that all Swim Club membership fees are due upon registration ana shall be paid to the CITY. ORCA regis- -4- tration fee may be refunded before the first meet. A $1C►.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. 10. ORCA agrees to adhere to registration fee schedule articulated below. Fees: $175.00 for one swimmer $225. OU for two swimmers $275.00 maximum per family 11. 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. 12. The parties agree to renegotiate registration fees and facility use fees. 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 1988 swim season to cover all expenses. 13. Either party may terminate this Memorandum of Understanding by giving the other party sixty (60) days' written notice. 14. The parties hereto agree that this Memorandum of Understanding will commence on this Sgv_anth_-_ day of March ---------- 1988. _5- 15. Prior to participating in the program, ORCA and its members shall individually as parti- cipants sign farms 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. 1E. 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, menta 1 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 the Memoran- dum of Understanding, will be determined by sub- mission 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 of arbitration proceedings. THE CITY AND THE UNDERSIGNED BY EXECUTION OF THIS MDU 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. -6— APPROVED AS TO FORM: Y ------ — --------- GARY RAGGHIANTI TY A ORNEY APPROVED AS TO CONTENT: ORC ��A / n BY1 _ WILLIE 8 BOBBIE DANZ CLI�IEc PO—PRESIDENTS BY TIM & DIANA ILLER CLUB CO—VICE PRESIDENTS • DATE SUBMITTED: 3/7/88 BY__ __ _ PAM NICOLA CITY OF SAN RAFAEL CITY MANAGER LAWRENCE E. MULRYAN, MAYOR ATTEST: JE M. LEONC I N , C I TY CLERK