HomeMy WebLinkAboutCC Resolution 14059 (Orca Swim Club 2016)RESOLUTION NO. 14059
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE TERRA LINDA ORCA SWIM CLUB FOR USE OF THE
TERRA LINDA COMMUNITY CENTER AND POOL IN 2016
WHEREAS, the City of San Rafael and the Terra Linda Orca Swim Club (the "Club")
mutually desire to provide a recreational competitive swim program for the youth of San Rafael;
and
WHEREAS, the Club has utilized the City's Terra Linda Community Pool since 1962 as
a volunteer organization promoting youth swimming; and
WHEREAS, the Club also utilizes the facilities in the Terra Linda Community Center for
meetings, socials and fundraisers; and
WHEREAS, the City wishes to grant the Club use of the facilities at the Terra Linda
Community Pool and Community Center for the sole purpose of conducting Club practices,
activities and competitive swim meets during the 2016 swim season, as more particularly
described in the "City of San Rafael Community Services Department 2016 Agreement with
Orca Swim Club" attached hereto as Exhibit A and incorporated herein by reference;
NOW THEREFORE, the City Council of the City of San Rafael hereby approves and
authorizes the Mayor to execute the 2016 Agreement with Terra Linda Orca Swim Club attached
as Exhibit A, in a final form to be approved by the City Attorney.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regul meeting of the City
Council of said City held on Monday, February 1, 2016 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
aoe,
ESTHER C. BEIRNE, City Clerk
CITY OF SAN RAFAEL
COMMUNITY SERVICES DEPARTMENT
2016 AGREEMENT WITH ORCA SWIM CLUB
THIS AGREEMENT is made and entered into this /� day of r*iW0AA112016, by and between the
City of San Rafael (hereinafter referred to as `'CITY") and the Terra Linda Orca Swim Club, a non-profit
organization, (hereinafter referred to as "CLUB").
RECITALS
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") 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.
Now, therefore, in consideration of mutual promises, covenants and conditions hereinafter contained, the
parties agree as follows:
1. TERM.
The term of this agreement shall be from February 29, 2016 to July 8, 2016.
2. USE.
A. TLCP. CITY shall make the TLCP available for CLUB use in 2016 as per the following schedule*:
Club Program
Daily Practices:
Dates
2/29-4/8 (M -F)
3/14-4/8 (M -F)
4/11--7/8(M-F)
Hours
5:15pm-8:45pm (8 lanes)*
4:30pm-5:15pm (3-4 Ianes)
5:15pm — 6:00 (7 lanes)
6:00pm — 8:45pm (8 lanes)*
6/14 — 7/7 (T/TH) 8:45am—10:00am (6 lanes)
6/13 — 7/6 (M/W)* 8:45am—9:50am (6 lanes)
* Water exercise starts at loam.
Q Pool will be closed for maintenance Friday mornings.
e No practice on May 30 and July 4
*On weekday evenings, user groups may be scheduled one day a week, with advanced notice to the Orcas for
use of 2-3 lanes.
Club Program
Sat. Clinics:
Time Trials:
League Home Meets:
Season Concludes:
Dates Hours
3/12,3/19,3/26
4/2
4/16
4/30,5/7,6/4,6/11
July 11, 2016
10:00am-1:00pm (8 lanes)
6:30am—11:30am
6:30am-1:30pm
(in the water by 7:30am)
B. TLCC. CITY shall grant the CLUB use of the facilities at the TLCC available for CLUB activities
in 2016 as per the following schedule:
Club Program
Dates
Hours
Rooms
Sign Up Day
1/30
1:00 pm—3:OOpm
2
Pasta Power Night
4/29
4:30pm-9pm
2, 3, 4,
kitchen
Awards Banquet
9/10
4:30pm-9pm
2,3, 4 kitchen
3. CLUB RESPONSIBILITIES,
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, and 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.
C. CLUB agrees to charge and collect the following registration fees:
$400.00
one swimmer/family
$700.00
two swimmers/family
$875.00
three or more swimmers/family
$50
high school swimmer
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 swinuner(s) begin to practice.
E. CLUB shall be responsible for leaving the facilities clean and in goad 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.
2
F. 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.
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 Orca 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.
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 at its sole cost and expense, shall obtain and maintain, during the life of this agreement, a
policy of commercial general liability insurance in the amount of $1,000,000/$2,000,000, satisfactory
in form to CITY, 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. CLUB's insurance policy shall be specifically endorsed to provide: 1) that CITY, its
officers, employees and agents shall be named as additional named insureds; and 2) that the additional
insured coverage under the policy shall be primary 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. 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
ue: (i) the ntiruinum 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.
K. 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 TLCP or 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.
L. 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.
M. 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).
4. COACHING STAFF.
A. 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 services of the CLUB Coach and Assistant Coaches; CITY
shall retain final approval of selection.
B. 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.
C. 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.
D. Coaches and/or Assistant Coaches shall have completed registration forms for each CLUB swimmer
on site at all CLUB practices and meets at TLCP.
5. CITY RESPONSIBILITIES.
A. CITY shall provide TLCP and TLCC facilities on the schedule contained in this agreement.
B. CITY shall monitor maintenance of the aquatic facility, and alert CLUB immediately of unclean or
unsafe conditions.
C. CITY shall provide scheduled lifeguards.
D. CITY shall invoice the CLUB by the 15`h of each month. CLUB agrees to pay the monthly invoice
by the end of the month.
6. PAYMENT.
A. Payment of fees. CLUB agrees to reimburse CITY for payment of the following fees:
1) TLCP. CLUB will pay the CITY a fee of $3550 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 Program Coordinator feels staffing can reduce to two. For the
month of March and early April, 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 20-817263 1. 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 2016 Non Profit rental rates are:
$48/hr. for one clubroom
$60/hr. for two clubrooms
$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 2016 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 2016 swim season.
7. TERMINATION.
Either party may terminate this agreement by giving the other party sixty (60) days written notice.
8. NOTICE.
All notices and other communications required or permitted to be given under this Agreement, including
any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United
States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed
given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal
service. Notice shall be given as follows:
TO CITY: Community Services Director
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CLUB: Terra Linda Orca Swim Club
PO Box 6838
San Rafael, CA 94903
WHEREFORE, this Agreement is executed as of the date first set forth above.
CITY OF SCAN RAFAFL
By: lc��
Gary O. Ai ps, M yor
ATTEST:
Z� 4-- - &e-rP-"t -
Esther C. Beime, City Clerk
APPROVED AS TO FORM:
L 0�j r
Robert F. Epstein, City A Corney
W
TERRA LINDAA SWIM CLUB
By 7field,
B President
By:
Vice President