HomeMy WebLinkAboutCC Resolution 12204 (Orca Swim Club 2007)RESOLUTION NO. 12204
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE SIGNING OF THE 2007 AGREEMENT WITH THE
ORCA SWIM CLUB
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
WHEREAS, Orca Swim Club provides a recreational opportunity for San Rafael youth; and
WHEREAS, the Terra Linda Community Center is the venue for Club activities; and
WHEREAS, The City of San Rafael wishes to enter into an agreement with the Orca Swim Club
for the 2007 season, a copy of which is hereby attached and by this reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the MAYOR and CITY CLERK are authorized
to execute, on behalf of the City of San Rafael, an agreement between the City of San Rafael and
the Orca Swim Club for 2007.
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 Monday, the 5th day of March, 2007 by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
Cohen, Heller, Miller, Phillips & Mayor Boro
None
None
JEANf4E M. LEONCINI, City Clerk
CITY OF SAN RAFAEL
COMMUNITY SERVICES DEPARTMENT
2007 AGREEMENT WITH ORCA SWIM CLUB
This agreement made and entered into this 5th day of MARCH , 2007, by and between the
City of San Rafael (hereinafter referred to as "CITY") and the Terra Linda Orca Swim Club
(hereinafter referred to as "CLUB").
CITY and CLUB mutually desire to provide a recreational competitive swim program for the
youth of San Rafael.
CITY shall grant the CLUB use of the facilities at the Terra Linda Community Pool, (hereinafter
referred to as "TLCP") for the sole purpose of conducting CLUB practices, activities and
competitive swim meets as scheduled.
1. USE
A. From March 3, 2007 to July 20, 2007 the CLUB will be granted use of the TLCP.
B. The parties for and in consideration of mutual promises, covenants and conditions
hereinafter contained agree as follows:
C. CITY shall make the TLCP available as per the following schedule:
Club Proeram Dates
Hours
Splash Day: March 3
10:00 am- 2pm
Daily Practices: 3/5-5/11 (M -F)
3:30pm - 7:30pm (8 lanes)
5/14-6/15 (M -F)
5:15pm
— 7:30pm (7 lanes)
7:30pm —
8:45pm (6 lanes)
6/18 — 7/20 (M/W)
8:00am —
9:00am (3 lanes)
9:00am —
10: 00am (6 lanes)
6/19 — 7/19 (T/Th)
8:00am -
10:00am (3 lanes)
6/18-7/20 (M -F)
5:15pm —
7:00pm (6 lanes)
7:00pm —
7:30pm (8 lanes)
7:30pm —
8:45pm (6 lanes)
***On weekday evenings from 7:30-8:30pm, the adult lap swim program will have two (2) lanes unless there are
seven (7) or more lap swimmers at any given time. If a seventh lap swimmer arrives, the CLUB will surrender a
lane for the public for the necessary time between 7:30pm and 8:30pm. The CLUB will have six (6) lanes unless
there are more than 30 CLUB swimmers. If a 31s' CLUB swimmer arrives, the CITY will surrender a lane. If there
are 7 or more CITY lap swimmers and 30 or more CLUB swimmers at the same time, we both need to agree to work
together to solve the problem.
Sat. Clinics: 3/24,3/31, 4/21, 4/28
Time Trials: 5/5
League Home Meets: 6/2, 6/16, 7/14
8:30am - 11:30am (6 lanes)
7:00am — 11:00am
6:30am-1:30pm
(in the water by Sam)
Parent's Meet: 7/14
Season Concludes: July 20, 2007
5:00pm — 7:00pm (pool)
D. CITY shall make the Community Center available as per the following schedule:
Club Program Dates
New Parent Meeting 3/2
Splash Day 3/3
Kids Movie Night 4/21
Pasta Power Night 5/18
BBQ and Auction 7/7
Hours Rooms
6:00pm—9:00pm 3,4
l 0:00am — 3:OOpm 2,3,4,5, Kit
5:30pm-9:30pm 2,3,4
4pm-9pm 2,3,4, kit
5:00pm-10:00pm 2,3,4, kit
E. CITY shall grant the CLUB use of the facilities at the Terra Linda Community Center,
(hereinafter referred to as "TLCC") for the sole purpose of conducting CLUB activities
as scheduled.
2. TERMS
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:
-$5 Family Fridays, 6:00pm-8:30pm, 6/22 — 7/20
-WaterGym — Spring and Summer: Mondays and Wednesdays, 10:00am-11:00am
Summer: Tuesdays and Thursdays 8:00am-9:00am
-Public Swim ending at 6:30pm in the Spring and 7:00pm in the Summer.
-Scheduled private swim lessons
B. Club Responsibilities
1. 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.
2. CLUB agrees to charge and collect the following registration fees:
a) $300 one swimmer/family
b) $500 two swimmers/family
c) $150 each more than two swimmers/family
d) $100 high school swimmer
3. 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 housed at the TLCC office (670 Del Ganado Road)
before the swimmer(s) begin to practice.
4. 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.
5. CLUB officers and coaches will not permit swim team members to dive from
starting platforms into water that is less than three and one-half feet deep. CLUB
coaches will teach only shallow racing dives. In situations where water is less than
three and one-half feet, swimmers must enter the water from the deck level.
6. 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. A team parent will be assigned to
inspect both locker rooms when practice/meet is complete and all swimmers are
finished with the facilities.
7. CLUB agrees to supervise and enforce the closure of the tot pool during swim
meets.
8. 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.
9. CLUB at its sole cost and expense, shall obtain and maintain, during the life of
this agreement, such liability insurance in the amount of $1,000,000/$2,000,000,
satisfactory in form to CITY, and with CITY, its officers, employees and agents added
as an additional named insured, as shall protect CLUB and CITY, its officers,
employees and agents from claims for damages or personal injury, including accidental
death, as well as, for claims for property damage which may arise from or out of this
agreement, whether by CLUB, its officers, agents, employees or subcontractors.
10. A one -day permit to sell alcoholic beverages must be obtained from the Alcoholic
Beverage Control agency (ABC) if alcoholic beverages are to be sold at any CLUB
event held at the TLCP or TLCC. The ABC considers a donation at the door for food
and/or alcohol a requirement for a one -day permit.
11. CLUB shall defend, indemnify and hold harmless CITY, its officers, employees,
and agents from and against any and all claims, demands, losses, or liability which may
be alleged by any person, or by CLUB, for injury to, or death of persons or damage to
property, however arising, from the obligations and actions of CLUB, its officers,
employees, or agents under the terms of this agreement, excepting only the sole gross
negligence or willful misconduct of CITY.
12. CLUB owns and shall be responsible for proper maintenance, use, storage and
replacement of. eight (8) starting platforms, one (1) backstroke pennant, three (3)
racing lane floats (25) meter, four (4) stanchion posts (backstroke), and two (2)
stanchion posts (false start).
C. Coaching Staff
1. The CLUB Coach, Assistant Coach and associated staff shall be Independent
Contractors with the City of San Rafael. CLUB will recruit, interview and
recommend candidates for contract. CLUB shall reimburse CITY for contractual
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services of the CLUB Coach and Assistant Coaches; CITY shall retain final approval
of selection.
2. All CLUB coaching staff must have current American Red Cross certification in
Lifeguard Training, Water Safety Instructor or equivalent, Standard First Aid, and
Cardiopulmonary Resuscitation for the Professional Rescuer, or its equivalent.
3. 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 warned in writing and the
CLUB shall be notified. Repeat violations will be cause to sever this contract
agreement with the CLUB.
4. Coaches and/or Assistant Coaches shall have completed registration forms for
each CLUB swimmer on site at all CLUB practices and meets at TLCP.
D. City Responsibilities
1. CITY shall provide TLCP and TLCC facilities on the schedule contained in this
agreement.
2. CITY agrees to monitor maintenance of the aquatic facility, and alert CLUB
immediately of unclean or unsafe conditions.
3. CITY agrees to provide scheduled lifeguards.
4. CITY agrees to invoice the CLUB on or before the last day of the month. CLUB
agrees to pay the monthly invoice by the 15`h of the following month.
3. PAYMENT
A. Payment of fees: CLUB agrees to reimburse CITY for payment of the following fees:
i. TLCP - CLUB will pay the CITY a fee of $34.00 per hour for Lifeguards and
TLCP use. For the month of March and early April, the CLUB will pay a portion
of the utility costs for the pool in the amount $900.
ii. 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 $20 per hour after 9pm, Monday -
Thursday, 5pm on Friday and all day Saturday or Sunday.
iii. The 2007 rental rates are:
$30/hr. for one clubroom
$40/hr. for two clubrooms
$50/hr. for three clubrooms
iv. 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
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fundraiser. Clubroom five will be available for time trials and meets at no
additional charge.
B. CLUB agrees that all expenses directly associated with this team and not recovered in
fees collected by the Community Services Department will be paid to the Department at
the conclusion of the 2007 swim season.
C. CLUB will provide CITY with a proposed annual operating budget for swim season
prior to the swim season. Participant fees and fundraising activities as per this agreement
will cover the operating costs for the 2007 swim season.
4. TERMINATION
A. Either party may terminate this agreement by giving the other party sixty (60) days
written notice.
Attest:
Jeanne M. Leoncini, City Clerk
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Approved ag to form:
Gaq T. Ragghia ii, City Attorney
Approved as to content:
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Ke ordhoff, C t ager
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City of San Rafael:
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Albert J. Bor , Mayor
Orca Swim Club:
418 -President v `
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