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Home My WebLink AboutCC Resolution 11509 (Orca Swim Club 2004)RESOLUTION NO. 11509 RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF THE 2004 AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE ORCA SWIM CLUB THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute on behalf of the City of San Rafael, the 2004 Agreement with the ORCA SWIM CLUB, a copy of which is hereby attached and by this reference made a part hereof. 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 the regular meeting of the City Council of said City held on Monday, 1 st day of March, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, CITY CLERK �01�1 Terra Linda Community Pool Spring 2004 Pool Schedule April 10 - June 11 ^^',r,SFAVIVl J, .M, "'Y' CES e t .,..d Oprnin, aoaa Time Sunday Monday Tuesday Wednesday Thursday Friday Saturday 6am Lap Lap Swim Lap Swim Lap Swim Lap Swim Maintenance Lap Swim Swim 6a -8:30a 6a -8:30a 6a -8:30a 6a -8:30a 8:30-1 la 8a -10:30a 8a- Watergym Watergym Except 10:30a 10-11a 10-1 la forth fol%rV4 sumn mit dater S/1, 5115, 5/22, 6/5 Ilam Public Lap Swim Lap Swim Lap Swim Lap Swim Lap Swim Public Swim 11a -1p 11a -1p 1la-1p 11a -1p 11a -1p Swim 11a -6p Swim Swim Swim Swim Tot Pool l la -6p Lessons Lessons Lessons Lessons open l la -5p (1:30p on 11a -4p 11a -4p 11a -4p 11a -4p Swim Meet Tot Pool Tot Pool Tot Pool Tot Pool days 5/1 11a -5p 11a -5p 11a -5p 11a -5p 5/15,5/22, 6/5,6/12) 1pm Public Swim Public Swim Public Swim Public Swim Public Swim 12-5P* 12-5p* 12-5p* 12-5P* 12-5P* 5pm Lap Swan/ Synchronize Synchronize Lap Swum Lap Swan/ Classes d Swimming d Swimming 7-8:30p Classes 7:30-9:00p 4-5:30p 4-5:30p Swim 7:30-9:00p Swim Lap Swim Lap Swim/ Teams Swim Teams 7-8:30p Classes 3:30-9p Teams 3:30-9p Swim 7:30-9:00p 3:30-9p Teams Swim Teams 3:30-9p 3:30-9:00p 'F** Swim teams have been invited to start spring practices as early as 3:30pm and share the pool with public swim. Summer 2004 Pool Schedule June 12 -August 27 Time Sunday • � n alael Tuesday COMMUN1rIYSEAYICES Thursday a i Terra Linda Community Pool Tara "°°a `°mm°.... Lap Swim Gernd Oprnln] ]001 Summer 2004 Pool Schedule June 12 -August 27 Time Sunday Monday Tuesday Wednesday Thursday Friday Saturday 6am Lap Lap Swim Lap Swim Lap Swim Lap Swim Maintenan Lap Swim Swim 6-8:30a 6-8:30a 6-8:30a 6-8:30a Ce 8a -10:30a Lap 8- Swim Swim Swim Team Swim 8:30- Swim 10:30a Team Team 7:30-10:45a Team 12noon 8a -10:30a 7:30- 7:30-10:45a Watergym 7:30- Except 10:45a 10-1 la 10:45a for *#h=79 Water su)in mit dates gym 10- 6/12 & 7/10 lla 9am Swim Swim Swim Swim Lessons Lessons Lesson Lesson 9-12p 9-12p 9-12p 9-12p Ilam Public Lap Swim Lap Swim Lap Swim Lap Swim Public Swim Swim lla-12:30p Ila -12:30p lla-12:30p lla-12:30p Ila -7p 11a -7p Tot Pool Tot Pool Tot Pool Tot Pool (1.30p on Suiun lla-6:30p Ila -6:30p lla-6:30p Ila -6:30p Meet days 6/12 & 7/10) 12 Public Public Public Public Public noon Swim Swim Swim 12:00- Swim Swim 12- 12:00- 12:00-6:30p 6:30p 12:00- 6:30p 6:30p 6:30p Tot Pool open 12- 6:30p 6:OOpm Swim Swim Swim Team Swim Swim Team Team 5:30-9p Team Team 5:30-9p 5:30-7:30p Lap Swim 5:30-7:30p 5:30-9p Lap Swim Enrichme 7:30-9pm Enrichme Lap 7:30-9p nt Classes SCUBA nt Classes Swim 6:30-9p 7-10pm 6:30-9p 7:30-9p Lap Swim Lap Swim *Family 7:30-9p 7:30-9p Nights July * Water 23 to polo starts August 20, July 22. 6.•30- 8.30pm CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2004 AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this 1st day of MARCH , 2004, 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. From March 6, 2004 to June 11, 2004 the CLUB and Swimarin will have joint use of the pool facility. All costs will divided evenly between both clubs. The water (lap lanes) will be divided evenly as well. 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: 3/8 — 4/9 (M -F) 3:30pm — 9:00pm (8 lanes) 4/12 — 6/11 (NM/F) 5:30 pm — 7:30pm (8 lanes) 7:30pm — 9:00pm (6 lanes) 4/13 — 6/10 (T/TH) 5:30pm — 8:30pm (6 lanes) 6/14 — 7/16 (M-TH) 7:30am — 9:00am (6 lanes) 9:00am—10:45am (5 lanes) 6/14 — 7/16 (M,W, F) 5:30pm — 6:30pm (3 lanes) 6:30pm — 7:30pm (8 lanes) 7:30pm — 9:00pm (5 lanes) (T,TH) 5:00pm — 7:30pm (3 lanes) No practice 5/14, 5/31, 7/2 & 7/5 Sat. Clinics: 4/3 4/24,5/8 Time Trials: 5/1 9:00am—11:00am 9:00 am - 11:00am (4 lanes) 7:00 am - 10:30am League Homu Meets: 5/15, 5/22, 6/5, 6/12,7/10 Parent's Meet & BBQ 7/10 Season Concludes: July 16, 2004 6:30ann-12:30pm (in the water by Sam) 7:00pm — 9:00pm 5:00pm — 7:00pm (pool) 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 Proaram Dates Hours Rooms Splash Day 3/6 10:30am — 2:30pm 4,5 New Parent Meeting 3/16 7:00pm—9:00pm 4 Pasta Power Night 5/14 5pm-1 Opm 2,3,4, kit Parent's Meet and BBQ 7/10 Awards Banquet 9/11 5:00pm-10:00pm 2,3,4, kit 5:00pm-10:00pm 2,3,4, kit 4. 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. 5. 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. 6. CITY shall provide CLUB with Community Center facilities for events as available. CLUB will pay $20/hour for one club room, $25/hour for two clubrooms and $30/hour for three club rooms. For the 2005 swim season the CLUB will pay the standard, 2004 non-profit rental rate for use of facilities. Clubroom five will be available for time trials and meets at no additional charge. 7. 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. 8. CLUB shall pursue a 501(c) (3) non-profit status for the 2004 swim season. 2 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. As of April 6, 2004 CITY shall provide lifeguard services for both public swim programs and CLUB practices, meets and activities. Orca and Swimarin will jointly reimburse CITY for the services of one (1) lifeguard per practice from April 9, 2004 to June 11, 2004. After June 11, 2004 only the Orca Swim Club will pay for the one (1) lifeguard. 15. CLUB shall reimburse CITY for lifeguard services for CLUB meets and events. During the times that the swim team(s) are sharing the pool with the public, the CITY will pay for the services on one lifeguard and the swim team(s) will share the cost for the services of the other lifeguard. 16. CLUB must submit a written request for earlier practice times during the month of March and April. The hourly pool rental fee will be included in the monthly invoice. 17. CLUB agrees to charge and collect the following registration fees: 18.$275 one swimmer/family 19.$450 two swimmers/family 20.$600 three swimmers or more/family 21.$85 high school swimmer 22. 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 swimmers) begin to practice. 3 23. Coaches and/or Assistant Coaches shall have completed registration forms for each Club swimmer on site at all CLUB practices and meets at TLCP. 24. Payment of fees: CLUB agrees to reimburse CITY for payment of the following fees: 25. Pool Usage Fee- Orca Swim Club and Swimarin will pay CITY a fee of $12 (each club) per hour for the TLCP. The Orca Swim Club will pay the CITY a fee of $15.00 per hour for TLCP use when they become the sole user of the TLCP. 26. For the month of March, the Orca Swim Club and Swimarin will share the total utility cost for the pool and each club will pay $400. 27. Community Center Usap-e Fee- Club will pay CITY a fee of $20/hour for one club room, $25/hour for two clubrooms and $30/hour for three club rooms for the 2004 swim season. Starting in the 2005 swim season the CLUB will pay the non-profit rental rate for the Terra Linda Community Center. The Community Center usage fee will also include the staff attendant fee of $12 per hour after 9pm, Monday -Thursday and 5pm Friday -Sunday. 28. Lifeguard Services: - Orca Swim Club and Swimarin will pay CITY a fee of $6.50/hour/lifeguard (each club) for lifeguard services during all scheduled practices and meets at the TLCP for the duration of this agreement. 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. Starting June 12, 2004, the CLUB will be responsible for paying $13/hour/lifeguard. Purchase of Competitive Pool Equit)ment - CLUB will reimburse CITY 29. a total of $18,000 for the purchase of eight starting platforms, one backstroke pennant, three racing lance floats (25 meter), four stanchion posts (backstroke), two stanchion posts (false start). 30. The first reimbursement payment of $3,000 was received in September 2002. The second reimbursement payment of $5,000 was received in October 2003. Balance of the amount owed is due in annual payments of $5,000 at the conclusion of the swim seasons 2004 and 2005. 31. 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 2004 swim season. 32. 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 2004 swim season. 33. CLUB will provide CITY with the organization's 501(c) 3 number. 34. CITY wily rovide CLUB a written statement of n_, ithly 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. 35. 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. 36. 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. 37. Either party may terminate this agreement by giving the other party sixty (60) days written notice. Attest: Jeanne M. Leoncini, City Clerk Approved as to content: Rod Gould, City Manager City of San Rafael: Albert J. Boro, Mayor Co -President