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Home My WebLink AboutCC Resolution 7314 (Orca Swim Club 1986)I,H-'S01,[ 1T 10N NO • 7 314 A RESO11,U KIN AUTHORIZING '1'111'3 SIGNIf\Xi Ole A C,'U\4TI'%.ACI', I.HASE OIL AGRI-A-11111 NT 'Cllls' CITY COUNCII, OI' 111E CFIT 0V SAN RAVALL I'LESOL,VES as Fo l lows: The MAYOR and CITY CLI11' are authorized to clectite, on behalf or the City of' S -un Put fael a contract, 1 uase wr o(gi•d emen t with RENEWAL OF MEMORANDUM OF UNDERSTANDING WITH TERRA LINDA ORCA SWIM CLUB/1986 (For One Year) a copy of which is hereby attached turd by this rel'orence itudle a part hereof. I, JEA i E Al. LLIONCINI , C Lerk of' the City of San Ra I'ael , hereby certify that the foregoingresolution was drily and regularly introduced and adopted at a Reqular meeting of the City Cowici 1. or said City held Oil Mondav the 17th (iay of March 19 86 by 'the [ Alwin!" VOtc, i.O wil: ;11'1;5: ([INc'IIj111E11111E1;: : Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNC 111111-11B HN: None ABSENT: COUNC I IAIL1, 1111 LS : None I? 111. 1,I:ONC1 T , C1'1'Y ('I J Eh1{ N A'[ 73/�f CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA MEMORANDUM OF UNDERSTANDING This memorandum of understanding, made and entered into thi=- ------------day..f... /-? z1f,--�-�1-------------------' 1986, by and between the City of San Rafael, hereinafter referred to as "CITY" and the ORCA Swim leam hereinafter referred to as "ORCA". CITY and ORCA mutually desire to provide a recreational competitive swim program f.r the youth of San Rafael. The parties , for and in consideration of mutual promises, covenants ano conditions, hereinafter contained. agree as follows. lows. 1. CITY shall. provide DROP, facilities at the Terra Linda Recreation Center, Hereinafter- referred to as TLRC, pool for the sale purpose of cn nduct inr... ORCA practiceE a= well a=- competitiVe SW3M Meet as scheduled. 0. CITY shall provide aquatic snare acenrdingly: Limb Pragrcm Dai e= Qn = Splash Day 3/E2/EE N •. r�,. - 1 1 a. m. Sat urdc. ✓ Sprang Practice=_ 3/31/8E 5p. m. -8p. m. t r, Mon./Wed./Fri. E115/W Saturdavc League Meets Satur•da?s- 12:Wp. m. as scheduled Summer Practices 6/16/8k a. m. --9a. m. to Mon.-Thurs. 7/26/1986 6:30PM-9:30Pfil Mon -Fri i -2 - League Meets Saturdays 7:00am-12:30PM Season concludes 7/26/86 A complete schedule of events will be provided to the Recreation Department no later than Friday, April 11, 1586, for the swim season of 1986, 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. ORCR 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. P11 tears staff roust have current American Red Cross certification in Water Safety InKructor on equivalent, standard First Aid and cardio -pulmonary resuscitation. team staff is required to attend all it -service CITY training seminars ae required by all aquatics personnel. ��. CIT`,` shall provide facility classroom space for special purposes as OROA program requires. ORCA Fnal l complete applications fur uFe of the TLP=' and will pay fee established by CITY to recover er direct costs of of i l i a i. es and facility attendant. 5. ORCA, under the auspices of CITY, shall operate r aF a self-governing organization under- an established const it V i on and by-laws, whose r lected officers and rnemt;ers shall a= -surae direct- -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 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 pav to MY a fee of ten dollars ($10.00) per hour for pool use (excluding Saturday swim meets), as scheduled by April 11, 19%. 9. Registration: ORCA agrees that all swimmers shall have a Swim Team registration card completed and in posseEsion of coach/asaistant coach pni2r to entering water for any rEsswi. during tearer time. Payment gf flya: ORCA agrees that all Swin Club membership fees are dile uoon registration and shall be paid to the CITY. ORCA regls- - 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: $70.0(:,, for one swimmer-. $05.00 for two swimmers 1125.0,C) maximum per family 11. ORCA agrees that all rxpen=_es directly associated with; this 'teary and not recovered in fee= collected by the Recreation Department for a SW3M season wl 1 1 be paid to Recreat iorl Department at season's conclusion. 12. The P."+rt j e_, ag-up to renegotiate registration feee and faril it_.• use fees. ORCA will provide COY ; with a proposed annual _ merat ing budget f=c swim se&son prior to the fiscal year. All f•_n i nc'rc'rsPE would go into effFct on March 1. 3 ST {. o covey W! expense_:. 1 J 12. FithLr pDrty mov tPr'mi nate t n i s Memorandum of U-.derst aniaing by giving the ether party sixty 100) days' we i tt.en notice. 14. Thu pmrt ie'r_ hereto agree that this Memorandum of Understanding will cnfilfileYice on this 1311 -5- 15. Prior to participating in the program, ORCA and its members shall individually as parti- cipants sign form=_ to release and hold the City harmless from any and all liability for injury to themselves or other participants during hours CIRCA is using pool facility. If a member refuses to sign, he/she will not be eligible to participate. 1E. MANDATORY AREITRATION 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 an a result of, or for any recson 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 -t by lawsuit r resort t_ court law, arlL not C.I• �_� C�.� � i i �I_ ppoCeas e:{cepa as California law provides for ,judicial review of arbitration proceedings. THE CITY AND THE UNDERSIGNED BY EXECUTION OF THIS MOU ARE GIVINC UP THEIR CONSTITUTIONAL RIGHT TO HAVE. ANY SUCH DISP ATE DECIDED 1N A COURT OF LAW BEFORE P JURY AND INSTEAD PPE A&CE:_PTING THE USE OF APPTTRPTTOri. 11 APPRO ED AS TO FORM: G FY T. RAGGH I ANT I VIT1-ATTORNEY APPROVED AS TO CONTENT: am OPC_ A SWIM TEAM: -- TODD HED I N / tri G�irj (�- CLUES PRESIDENTS % DATE SUBMITTED : - gjj3 � -__ CITY OF SAN RAFAEL_ PreYN�lCCiL AI LAWRENCE E. MULRYA.J, MAYOR CITY MANAGEF rATE ACGEPTEL__�17!4 �,�► ___-- ATTEST: LED -TN1, CITY CLERK