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CS Orcas Swim Club 2019CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2019 AGREEMENT WITH ORCAS SWIM CLUB This Agreement is made and entered into this �Z day of February 2019, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the TERRA LINDA ORCAS SWIM CLUB (hereinafter "CLUB"). RECITALS WHEREAS, CITY and CLUB mutually desire to provide a recreational competitive swim program for the youth of San Rafael; and WHEREAS, CITY shall grant the CLUB use of the facilities at the Terra Linda Community Pool (hereinafter referred to as "TLCP") and Terra Linda Community Center (hereinafter referred to as "TLCC") for the sole purpose of conducting CLUB practices, activities and competitive swim meets as scheduled. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT COORDINATION. A. CITY'S Project Manager. Debbie Younkin is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CLUB'S Project Director. CLUB shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CLUB. Molly Hodge is hereby designated as the PROJECT DIRECTOR for CLUB. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CLUB shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CLUB. A. CLUB will share the TLCP with various aquatic enrichment programs that will be scheduled for spring and summer. Those programs are not limited to, but will include Lifeguard training classes, water safety instructor class, junior lifeguard program, swim lessons, WaterGym and public swim. B. CLUB 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 CLUB programs. q _3. ao3A GRIGriiiAL D. Prior to participating in the program, CLUB members shall individually, as participants, sign forms to release and hold CITY harmless from any and all liability for injury to themselves or other participants during hours CLUB is using the pool facility. Members must sign such release to be eligible to participate in CLUB programs. A copy of the signed waiver must be accessible to CITY staff. A waiver must be on file before the swimmer(s) begin to practice. E. CLUB shall be responsible for leaving the facilities clean and in good order after each use. CITY will charge CLUB the cost of any necessary staff time to clean if CLUB fails to adhere to this condition. F. CLUB officers and coaches will not permit swim team members to dive from starting platforms or the deck level into water that is less than three and one-half feet deep. CLUB coaches will teach only shallow racing dives. G. CLUB will assure that parents or coaches are assigned daily to control and supervise the activities of swimmers in the pool, within the pool facility, in dressing rooms, and during other general activities on site. Facility and pool rules will be followed by coaches and parents. An CLUB representative will be assigned to inspect both locker rooms when practice/meet is complete and all swimmers are finished with the facilities. H. CLUB agrees to supervise and enforce the closure of the tot pool during swim meets and when the pool is closed to the public. I. CLUB requests for additional hours of use must be submitted in writing. The hourly TLCP rental fee shall be applied to any additional hours granted for CLUB use. J. CLUB shall obtain a one -day permit to sell alcoholic beverages from the Alcoholic Beverage Control agency (ABC) if alcoholic beverages are to be sold at any CLUB event held at the TLCC. The ABC considers a donation at the door for food and/or alcohol a requirement for a one -day permit. No alcohol is allowed at the TLCP or in the park area. K. CLUB owns and shall be responsible for proper maintenance, use, storage and replacement of: eight (8) starting platforms, one (1) backstroke pennant, four (4) stanchion posts (backstroke), and two (2) stanchion posts (false start). L. CLUB coaching staff must abide by the following: 1. All CLUB coaching staff must have current American Red Cross certification in Lifeguard Training that includes Standard First Aid, and Cardiopulmonary Resuscitation for the Professional Rescuer, or its equivalent. 2. CLUB coaching staff is not permitted to conduct private, semi -private or group swim lessons, unless under contract with the CITY to do so. Individuals conducting swim lessons outside of a contract with CITY shall be 2 warned in writing and the CLUB shall be notified. Repeat violations shall be a material breach and cause for termination of this Agreement with the CLUB. 3. Coaches and/or Assistant Coaches shall have completed registration forms for each CLUB swimmer on site at all CLUB practices and meets at TLCP. 4. Coaching staff shall complete a Department of Justice Background Check and be authorized to work with children before performing any work related to this Agreement at the TLCP or TLCC. M. Department of Justice Background Checks. CLUB shall conduct a Department of Justice background check on all coaching staff with supervision authority over children under the age of 18. CLUB shall not authorize any coaching staff to work at the TLCP or TLCC until a Department of Justice background check has been completed and the person is authorized to work with children. CLUB shall either: (a) certify that it has screened coaching staff using the form attached as Exhibit A to this Agreement; or (b) arrange with City staff to fingerprint and submit the required information to the Department of Justice. All such background checks shall be at the CLUB's expense. DUTIES OF CITY. A. TLCP. CITY shall make the TLCP available for CLUB use in 2019 as per the following schedule*: Club Program Dates Hours Daily Practices: 2/25-4/5 (M -F) 5:15pm-8:45pm (8 lanes)* 4/8-6/29 (M -F) 5:15pm — 5:45 (5 lanes) 5:45pm — 8:45pm (8 lanes)* 6/18 — 6/27 (T/TH) 8:45am—9:50am (6 lanes) 6/17 — 6/26 (M/W)** 8:45am—9:50am (6 lanes) • Pool will be closed for maintenance Friday mornings. • No practice on May 27 (Memorial Day) *On weekday evenings, user groups may be scheduled one day a week, with advanced notice to the Orcas for use of 2-3 lanes. "Water Water exercise starts at loam. Club Program Dates Junior Orcas 5/6-6/7 Sat. Clinics: 3/9, 3/16, 3/23, 3/30 Hours 4:OOpm — 5:OOpm (3 lanes) 10:00am-1:OOpm (8 lanes) Time Trials: 4/27 6:30am—11:30am League Home Meets: 5/18, 6/1, 6/8, 6/15 6:30am-1:30pm (in the water by 7:30am) Season Concludes: July 1, 2019 B. TLCC. CITY shall grant the CLUB use of the TLCC facilities, as described below, forCLUB activities in 2019 per the following schedule: Club Program Dates Hours Rooms Sign Up Day 1/19 12:OOpm-3:OOpm 2 Pasta Power Night 5/3 4:30pm-9:OOpm 2, 3, 4, kitchen Awards Banquet 6/30 4:30pm-9:OOpm 2, 3, 4, kitchen C. CITY shall monitor maintenance of the aquatic facility, and alert CLUB immediately of unclean or unsafe conditions. D. CITY shall provide scheduled lifeguards as described in section 4.A.1. 4. COMPENSATION. costs: A. CLUB agrees to pay or reimburse CITY for payment of the following fees and/or 1. TLCP. CLUB will pay the CITY a fee of $35.50 per hour for two Lifeguards and TLCP use. An additional lifeguard at a charge of $17.75/hour will be required for swim meets and during the beginning of the swim season until the TLCC Program Coordinator feels staffing can be reduced to two, and CLUB will reimburse the CITY for this expense. For the month of March the CLUB will pay a portion of the utility costs for the pool in the amount $945. 2. TLCC. CLUB will pay the Private Use & Non -Profit Fundraising Events rental rate for the Terra Linda Community Center. The Community Center usage fee will also include staff attendant fee of $25 per hour after 9pm, Monday -Thursday, 5pm on Friday and all -day Saturday or Sunday. The CLUB is a 501(c)3 with a Tax Identification number of 20-8172631. The Non -Profit rates will be charged for events that are not considered a fundraiser. Clubroom five will be available for meets at no additional charge. The 2019 Non Profit rental rates are: $48/hr. for one clubroom $60/hr. for two clubrooms a $71/hr. for three clubrooms $60/flat fee for kitchen use B. CLUB agrees that all expenses directly caused by the team and not recovered in fees collected by the Community Services Department will be paid to the Department at the conclusion of the 2019 swim season. Such expenses include, but are not limited to, damage to lane lines, bathrooms, pool covers, and other pool equipment. C. CITY shall invoice the CLUB by the 15th of each month. CLUB agrees to pay the monthly invoice by the end of the month. 5. TERM OF AGREEMENT. The term of this agreement shall be from February 25, 2019 to June 30, 2019. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CLUB and any and all of CLUB's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CLUB in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CLUB shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CLUB in connection with its performance of its duties under this Agreement. CLUB shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CLUB shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, for death, bodily injury, personal injury, including sexual abuse and molestation, and property damage. 2. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CLUB's performance of services under this Agreement. Where CLUB is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 3. If it employs any person, CLUB shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CLUB's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CLUB in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CLUB'S insurance policies shall be "primary and non contributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CLUB'S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CLUB hereby grants to CITY a waiver of any right to subrogation which any insurer of CLUB may acquire against CITY by virtue of the payment of any loss under such insurance. CLUB agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CLUB under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CLUB's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CLUB shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CLUB shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in