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HomeMy WebLinkAboutCC Resolution 11708 (Orca Swim Club 2005)RESOLUTION NO. 11708 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF THE 2005 AGREEMENT WITH ORCA SWIM CLUB THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, Orca Swim Club provides a valuable 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 2005 Swim Season, a copy of which is hereby attached and by this reference made a part hereof. 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 I, JEANNE M. LEONCINI, City 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 seventh day of March, 2005, by the following vote to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ��gg A.� ' JEANNENCINI, CITY CLERK CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2005 AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this 7th day of MARCH , 2005, by and between the City of San Rafael (hereinafter referred to as "CITY") and the 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. From March 5, 2005 to July 17, 2005 the CLUB will have joint use of the pool facility. The parties for and in consideration of mutual promises, covenants and conditions hereinafter contained agree as follows: 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. CITY shall make the pool facility available as per the following schedule: Club Program Dates Hours Splash Day: March 6 11:00 am- 2pm Daily Practices: 3/7 — 4/8 (M -F) 3:30 pm — 7:30 pm (8 lanes) 4/11-6/17 (M/W/F) 5:15pm — 7:30pm (8 lanes) 7:30pm — 9:00pm (*5 lanes) 4/12-6/16 (T/TH) 5:15pm — 6:30pm (6 lanes) 6:30pm - 7:30pm (4 lanes) 7:30pm — 9:00pm (4 lanes) 6/20 — 7/14 (M-TH) 8:00am — 9:00am (*5 lanes) 9:00am — 10:00am (6 lanes) 6/20 — 7/15 (M,W,F*) 5:15pm — 6:30pm (3 lanes) 5:15pm — 6:30pm (Mon. 4 lanes) 5:15pm — 6:00pm (Fri. 4 lanes) 6:30pm — 7:30pm (8 lanes) 7:30pm — 9:00pm (*5 lanes) (T,TH) 5:15pm — 7:30pm (4 lanes) 7:30pm — 8:30pm (*5 lanes) 8:30pm — 9:00pm (8 lanes) *5 lane usage is based on sharing the pool with the public adult lap swim program. Adult lap swim will have a minimum of 3 lanes (slow, medium and fast) UNLESS the CLUB lanes have 6 or more swimmers per lane. If adult lap swimmers have 3 or less swimmers per lane, and CLUB has 6 or more, one lane will be given to CLUB. If the 1 CLUB has less then 6 swimme,., per lane, and the lap swim program has more . .n 3, one lane will be given to the lap swim program. Sat. Clinics: TBD 9:00 am - 11:00am (5 lanes) Time Trials: 4/30 7:00 am — 11:OOam League Home Meets: 5/21, 6/18, 7/9 6:3Oam-12:3Opm (in the water by 8am) Parent's Meet & BBQ 7/9 5:00pm — TOOpm (pool) Season Concludes: July 15, 2005 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. CITY shall make the Community Center available as per the following schedule: Club Program Dates Hours Rooms Splash Day 3/6 10:30am — 2:30pm 4,5 New Parent Meeting 3/10 7:00pm—9:00pm 2 Pasta Power Night 5/13 5pm-10pm 2,3,4, kit Parent's Meet and BBQ 7/9 5:00pm-10:00pm 2,3,4, kit 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 services of the CLUB Coach and Assistant Coach; CITY shall retain final approval of selection. Lifeguards and facility staff shall be CITY employees bound by the rules and regulations of CITY. 2. All CLUB staff must have current American Red Cross certification in Safety Training, Water Safety Instructor or equivalent, Standard First Aid, and Cardiopulmonary Resuscitation for the Professional Rescuer. 3. CITY shall provide CLUB with Community Center facilities for events as available. For the 2005 swim season the CLUB will pay the standard non-profit rental rate for use of facilities. The 2005 non-profit rental rates are; $20/hr. for one clubroom, $30/hr. for two clubrooms and, $40/hr. for three clubrooms. Clubroom five will be available for time trials and meets at not additional charge. 4. 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 5. CLUB shall pursue a 501(c) (3) non-profit status for the z-005 swim season. 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. 7. During competition or practice activities, 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. 8. CITY agrees to monitor maintenance of the aquatic facility. CLUB shall be responsible for leaving the facility clean and in good order after each use. CITY will charge CLUB the cost of any necessary staff time to clean up if CLUB fails to adhere to this condition. 9. CITY agrees to provide one (1) lifeguard during team practices. CITY may require additional lifeguard if it is deemed necessary for the health and safety of patrons. 10. CITY agrees to provide two (2) lifeguards for all swim meets at TLCP as well as Splash Day and one (1) lifeguard for the Parent's Meet. 11. As of April 6, 2005 CITY shall provide lifeguard services for public swim programs and CLUB practices, meets and activities. Orca Swim Team will jointly reimburse CITY for the services of one (1) lifeguard per practice from April 7, 2005 to July 15, 2005. 12. CLUB shall reimburse CITY for lifeguard services for CLUB meets and events. During the times that the swim team is sharing the pool with the public, the CITY will pay for the services of one lifeguard and the swim team will share the cost for the services of the other lifeguard. 13. CLUB must submit a written request for earlier practice times during the month of March and early April. The hourly pool rental fee will be included in the monthly invoice. CLUB agrees to charge and collect the following registration fees: $275 one swimmer/family $175 second swimmer/family $150 third or more swimmer/family $49 high school swimmer 14. 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. 15. Coaches and/(,_ Assistant Coaches shall have compleL_ _ registration forms for each CLUB swimmer on site at all CLUB practices and meets at TLCP. 16. Pavment of fees: CLUB agrees to reimburse CITY for payment of the following fees: 17. Pool Usage Fee- CLUB will pay the CITY a fee of $15.00 per hour for TLCP use. 18. For the month of March and early April, the CLUB will pay a portion of the utility costs for the pool in the amount of $800. 19. Communitv Center Usage Fee- CLUB will pay the non-profit rental rate for the Terra Linda Community Center. The Community Center usage fee will also include a staff attendant fee of $14 per hour after 9pm, Monday -Thursday and 5pm on Friday. In addition, the $14 staff attendant fee will be charged for any weekend rental. 20. Lifeguard Services: - The CLUB will be responsible for paying $13/hour/lifeguard. Lifeguards will be assigned as deemed necessary for the health and safety of swimmers, by CITY. No less than two lifeguards will be assigned for swim meets at TLCP. 21. Purchase of Competitive Pool Equipment - CLUB will reimburse CITY a total of $18,000 for the purchase of eight starting platforms, one backstroke pennant, three racing lanes floats (25 meter), four stanchion posts (backstroke), two stanchion posts (false start). 22. The first reimbursement payment of $3,000 was received in September 2002. The second reimbursement payment of $5,000 was received in October 2003. The third reimbursement payment of $5,000 was received in October of 2004. Balance of the amount owed is due in annual payments of $5,000 at the conclusion of the 2005 swim season. 23. 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 2005 swim season. 24. 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 2005 swim season. 25. CLUB will provide CITY with the organization's 501(c) 3 number. 26. CITY will provide CLUB a written statement of monthly costs incurred and an invoice for payment on or before the last day of each month. Payment will be received by the fifteenth of the following month. 27. 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 4 out of this agreement, whether by CLUB, its o.L.,cers, agents, employees or subcontractors. 28. 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. 29. Either party may terminate this agreement by giving the other party sixty (60) days written notice. Attest: Jeanne M. Leoncini, City Clerk Gary T. Ra ianti, Cit/Attorney Approved as to content: Rod Gould, City Manager 5 City of San Rafael: Albert J. Boro, ayor VO -Pres t Co -President b: