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Home My WebLink AboutCC Resolution 7494 (Orca Swim Club 1987)RESOLUTION NO. 7494 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 SWIM CLUB (fnr lra,q-r 1 9 8 7 ) 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 Tuesdav the 17th day of February 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE* s LEONCII�I , City Clerk CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA MEMORANDUM OF UNDERSTANDING This memorandum of understanding, made and entered into this Seventeenth _-day � �f_ February ..................... 1987, 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 anal. 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 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 described below: CQb Prggr_ml Daus H ynl Splash Day 3/21/87 8:00AM-12:00Plyl Saturday Spring Practices 3/23/87 5:15PM-9:00PM to Mon./Wed./Fri. 6/13/87 7:00HM-1 1 : 00AM Saturdays Practice Meet 5/16/87 7:00AM-1:00PM Saturday League Meets 6/6,6/209 7:00am-1 :00pm 6/27 & 7/18 Summer Practices 6/15/87 7a. m. --9a. m. tC , Mon.-Thl!rs. B/1/87 6: 30pm-9: 30prii Mon -Fri COPY Season concludes 7/26/86 A complete schedule of events will be provided to the Recreation Department no later than Saturday March 21, 1987, for the swim season of 19871 exclusively. 3. 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 costs 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 Cross certification in Water Safety Instructor or equivalent, standard First Aid and cardio -pulmonary resuscitation. Coaches are required to attend all inservice CITY training seminars as required by all aquatics personnel. 4. CITY shall provide facility classroom space for special purposes as ORCA program requires. ORCA shall complete applications for use of the TLRC and will pay fee established by CITY to recover direct costs of utilities and facility attendant. 5. 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 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 rooms, 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 21 and August 1, 1987' 9. Registration: ORCA agrees that all swimmers shall have a Swim Team registration card completed and in possession of coach/assistant coach pnign to entering water for any reason during team time. PDY120 2f 025: ORCA agrees that all Swim Club membership fees are due upon registration and shall be paid to the CITY. ORCA regis- -4- tration fee 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. 10. ORCA agrees to adhere to registration fee schedule articulated below. Fees: $85.00 for one swimmer $110'00 for two swimmers $135.00 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 would go into effect on March 21, 1987 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 8eveptffp±h day of __Febroary__...... l987. 15.. Prior to participating in the program, ORCA and its members shall individually as parti- cipants sign forms to release and hold the City harmless from any and all liability for injury to themselves � �r^ other participants during hours ORCA is using pool facility. If a member refuses to sign, he/she will not be eligible to participate. 16. 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 t� i 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 MOU 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: yy GARY T - —H - A� ' ' - rr°��ITY A|l_�� oRNEY O BY__ _ WILI,IE & BO8B��DANZ '.uo9�V9/7/^�67 CLUB -CO -PRESIDENTS DATE SUBMITTED.Februar 9, 1987 APPROVED AS TO CONTENT: ' CITY OF SAN RAFAEL BY B ^� LAWRENCE E MULRYAN MAYOR PAMELA J. NTL E. ' CITY MANAGER DATE ACCEPTEDFebruary17, 1987 ATTEST: JEA�Q�� M. LEONCIllh, CITY CLERK