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Home My WebLink AboutCC Resolution 11249 (Orca Swim Club 2003)RESOLUTION NO. 11249 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF THE 2003 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 2003 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, 3rd day of February, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JEANNE M. LEONCINI, CITY CLERK CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2003 AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this 3rd day of FEBRUARY , 2003, 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. The parties for and in consideration of mutual promises, covenants and conditions hereinafter contained agree as follows: 1. 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. 2. CITY shall make the pool facility available as per the following schedule: Club Program Dates Hours Splash Day: March 8 11:00 am- 2pm Daily Practices: 3/10 — 7/17 (Mon.-Thurs.) 5:30 pm — 8:30 pm 3/14 — 7/18 (Fri.) 5:30 — 8:00 pm No Practice 7/4, New Parent Night 7-9pm New Parent Meeting March 18 7-9 pm Sat. Clinics: 4/19, 5/3 and 5/10 9:00 am to 11:OOam Time Trials: 4/26 9:00 am to 12:30pm League Home Meets: 5/17,6/28, 7/12 7:30am to 12:OOpm Parent's Meet & BBQ 7/12 5:OOpm to 10:OOpm Season Concludes: July 19, 2002 3. 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 Prop -ram Dates Rooms Splash Day March 8th 10:30am 2:00pm 4,5, kit New Parent Meeting March 18 7-9 4, kit Pasta Power Night May 16 5pm-10pm 1,2,3,kit Parent's Meet and BBQ 7/12 Awards Banquet 9/6 1,2,3,kit 5:00pm-10:00pm 1,2,3,kit 5:00pm- l 0:00pm 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. 4. All CLUB staff must have current American Red Cross certification in Safety Training, Water Safety Instructor or equivalent, Standard First Aid, and Cardiopulmonary Resuscitation. 5. CITY shall provide CLUB with Community Center facilities for fund-raising events as available. CLUB will pay the standard, non-profit rental rate for use of facilities. 6. 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. 7. CLUB shall pursue a 501(c) (3) non-profit status for the 2003-04 swim season. 8. 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. 9. 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. z 10. 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. 11. CLUB agrees to provide adequate lifeguard services during team practices conducted before April 12, 2003. CLUB will be responsible for covering the pool each day of practice before April 12, 2003. 12. CITY shall provide lifeguard services for Splash Day and Parent's Meet. 13. As of April 12 CITY shall provide lifeguard services for both public swim programs and CLUB practices, meets and activities. CLUB will reimburse CITY for the services of one lifeguard per practice after April 12, 2003 and for the duration of the practice season. 14. CLUB shall reimburse CITY for lifeguard services for CLUB meets and events. 15. CLUB agrees to charge and collect the following registration fees: $250 one swimmer/family $390 two swimmers/family $515 three swimmers or more/family $ 85 high school swimmer 16. 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. 17. Coaches and/or Assistant Coaches shall have completed registration forms for each Club swimmer on site at all CLUB practices and meets at TLCP. 18. Payment of fees: CLUB agrees to reimburse CITY for payment of the following fees: A. Pool Usage Fee- CLUB will pay CITY a fee of $14.00 per hour for TLCP use during scheduled practices and meets for the duration of this agreement. For the month of March, CLUB will pay CITY the difference in utility costs between February and March useage, not to exceed $500. B. Community Center Usage Fee- Club will pay CITY a fee of $28.00 per hour for use of Clubrooms and staff attendant fee of $10 per hour after 8pm. Monday -Thursday and 5pm Friday -Sunday. C. Lifeguard Services: - CLUB will pay CITY a fee of $12.00/hour for 3 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. D. Purchase of Competitive Pool Eauinment - CLUB will reimburse CITY 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). The first reimbursement payment of $3,000 was received in September 2002. Balance of the amount owned is due in annual payments of $5,000 at the conclusion of the swim seasons 2003, 2004, and 2005. 19. 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 2003 swim season. 20. 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 2003 swim season. 21. CLUB will provide CITY with the organization's 501(c) 3 number. 22. CITY will provide CLUB a written statement of season costs incurred and an invoice for payment on or before August 19, 2003. Payment will be received within thirty (30) days of receipt of invoice. 23. 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/$2,000,000, satisfactory in form to CITY, and with CITY, its officers, employees and agents added as an additional named insured, as shall protect CLUB and CITY, its officers, employees and agents from claims for damages or personal injury, including accidental death, as well as, for claims for property damage which may arise from or out of this agreement, whether by CLUB, its officers, agents, employees or subcontractors. 24. CLUB shall defend, indemnify and hold harmless CITY, its officers, employees, and agents from and against any and all claims, demands, losses, or liability which may be alleged by any person, or by CLUB, for injury to, or death of persons or damage to property, however arising, from the obligations and actions of CLUB, its officers, employees, or agents under the terms of this agreement, excepting only the sole gross negligence or willful misconduct of CITY. 25. Either party may terminate this agreement by giving the other party sixty (60) days written notice. 4 Attest: , Jeanne M. Leoncini, City Clerk Approved as to form: Gary T. Ragghianti, City Attorney Approved as to content: Rod Gould, City Manager City of San Rafael: Albert J. Boro, Mayor Orca Swim Club: Co -President Co -President CERTIFICATE OF LIABILITY INSURANCE � THIS CER'nFICATE IN ISSUED ADJkrf - R9 g � E A MATTER �l NIF FO PRODUCER Kana 6 TeM Insurance IrkarB ONLY AND CONFERS NO RIGHTS UPON T1i! CERTIFICATE HOLDER. THIS CERTIFICATE 0052 NOT AMEND, EXTEND OR House ADCount ALTER THE COVERAGE AFFOR1310 BY THE POLICIES BELOW. P.O. Naos 27668 2121 14th. AVOMUe INSURERS AFFORDING COVERAGE San Frfnalaoa, CA 14118 INAURSRA NARM INSURANCE CONPANY MOUND NARIN AIrIN LEAGUE 0/0 NICHAEL CUNNINGHAN, PRESIDENT �IVSUMER9 2N CHEVY CHASE COURT NLRIRER G LARKSPUR, CA 04939 I N$URERO: COVERAGE:4 POLICIES OF OKEN ISSUED C NAMED ABOVE FOR HPCHLICY PERM INDICATED. THE UMENT OR DIME HIS CEFMFICA E MAY BE *SUED TdTR M OR CONDITION OSTED F AN,E ANY REQUIREMENY CONTRACT OR ER DOCWITH REAPECT TO WW MAY PERTAIN THE IWSURANCE AFFORDED BY SHE POLICIES OEattlISID HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AQIIREGUIT! LIMRS SHOWN MAY HA'JE BEEN REDUCEC BY PAID CLAIMS. -19 yynyrMURANCE PaucyNUMSER I Or_ _SIriJrlLi� '`POaIAf� MnONl LINE "GBNBRAL ��, 3602AN200324-0 EACH DOCLJ MMX 01,000,000 03/05/2002 03/06/4003 I FimoAMAm ift one 1100,000 X OO',V,IEROLALdGNiRALL'AS'LITY CLJNMB MAoa FilU occ p ►ACD EXP"a» pmw) $6,000 I A X I NCLUD I M PARTICIPANTS PERSONAL A ADV INJURY 11.000.000 IOENERM.AGOREEATE 13,000.000 X I PRODUICTI • COMP" AM 11.000.000 GiN'L AGI3REMATE LIMIT APPLIES PER' 7 POLICY 1 ^ 1 Z I , LOC AyTOMOBKAIUApUTY ANY AUTO 3802A42383Q4-0 DDNINNIC SINGLE LINT 91,000,000 03/05/2002 03/05/2003 Le '4-4 ALL OWNED AUTO$MY (p�0011 U 1 A SCHROULED AVMS X HARD AUTO ..edlY INJURY I 1hr wld'nll X NON -OWNED AUTOS -- ---- _— PROPERTY DAMAGE I (P�r "�II'rt0 eARAM UASHM AUTO ONLY - BA ACOOMMY ANY AUTO C � u ACO I A00 I ggas UANUTI EACH OOOUFM'SNOE / OCCUR DLAIM$ MADE AOGM(LATI I MauCTISLE RETENTION MORKM P.DAIP~TtON ARM nt: Ihi ulw- ' I Tom uLJnii I IBR iMPLO" M UANUT/ I I.I. EACH ACCIDENT C.L. DISEME • EA EMPWYEf E L. DISFJLSE • POLJOY LIMITI ,taER I IRB PAT NAXIMM 1100,000 A ACCIDENT iR81RANCE 4102AME30323-0 03/03/2002 03/05/2003 IDEMICTIILR 0 FULL EXCESS DBSCIBp7m OP OPMATIMOLpCATiONUYE go "IXCLUMOW ADDAD NY EMD"INI RTwEaAL PPOV181" CERTIFICTAE HOLDER -THE CITY OF SAN RAFAEL, ITS OFFICERS, DIRECTORS. EMPLOYEE& AND AGENTS ARE ADDED A8 ADDITIONAL INIUREDS. CERTIFICATENOLDER ' AQUITIONALINSUREOIINsuRERtAil III, CITY OF IAN RAFAEL ATTN: RISK MANAGEMENT Va. sox 151600 SAN RAFAEL CA 94615-1540 (415)416-$347 Ext. ATTENTION: MIKE AUOIIERT FAX(A1�488-3345 ACORO 354 (71'9'FT CANCELLATION SHOULD ANY OF TME ABOVE PROCIEBBD FOUCLBS BB CANCELLED SIFOILE THE IXPIRATIOL MAYS TLIRBOP. THI I$lUMM SIIURER WR.I ENDEAVOR TD NAIL _ 0 CAYB RIP"MN NOTCE To TNR CBNTNLCATE IIDLAER NAILED TD TNR LCK !MT rA1lURB TO DO b NLAL L NPONS NO oaUGATaN OR LLANUTV Of ANY KM UM TMI NLB JPGK TTS &QW" tm !►UREIVARWAIlVa / L CORD I APORATION 129E 10 ,i H';,1'11"N14 ,, POrT101 '-TH TC:1^='nn--=r-j,') CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2003 AGREEMENT WITH ORCA SWIM CLUB \This agreement made and entered into this 3rd day of FEBRUARY, 2003, 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. The parties f\and in consideration of mutual promises, covenants and conditions hereinafter contained agree as follows: 1. 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. 2. CITY shall make the pool facility available as per the following schedule: Club Projram Dates Hours Splash Day: March 1 11:00 am- 2pm Daily Practices: 3/10 —\ 7-/17 (Mon.-Thurs.) 5:30 pm— 8:30 pm 3/14 —18 (Fri.) 5:30 — 8:00 pm No Practice 7/4, New Parent Night New Parent Meeting March 18 7-9 pm Sat. Clinics: 4/19, 5/3 and 5/10\ 9:00 am to 11:00am Time Trials: 4/26 9:00 am to 12:30pm League Home Meets: 5/17,6/28, 7/12 7:30am to 12:00pm Parent's Meet & BBQ 7/12 5:00pm to 10:00pm Season Concludes: July 19, 2002 3. CITY shall grant the CLUB use of the facilities at the errs Linda Community Center, hereinafter referred to as TLCC for the sole urpose of conducting CLUB activities as scheduled. CITY shall make the Community Center available as per the following schedule: Club Proeram Splash Day New Parent Meeting Pasta Power Night Dates Hours Rooms March 1st 10:30am — 2:00pm 4,5, kit March 1 7-9 4, kit May 16 5pm-lopm 1,2,3,kit Parent's Meet and BBQ 7/12 Awards Banquet 9/6 1,2,3,kit 5:00pm-10:00pm 1,2,3,kit 5:00pm- l 0:00pm 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. 4. All CLUB staff must have current American Red Cross certification in Safety Training, Water Safety Instructor or equivalent, Standard First Aid, and Cardiopulmonary Resuscitation. 5. CITY shall provide CLUB with Community Center facilities for fund-raising events as available. CLUB will pay the standard, non-profit rental rate for use of facilities. 6. CLUB, shall operate as a self-governing ofganization under an established constitution and by-laws, whose elected officers and members shall assume direct responsibility for planning, organization and operation of CLUB programs. 7. CLUB shall pursue a 501(c) (3) non-profit status for the 2003-04 swim season. 8. 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.\ 9. During competition or practice activities, CLUB officers ancoaches will not permit swim team members to dive from starting platforms ii to water that is less than three and one-half feet deep. CLUB coaches will teack only shallow racing dives. In situations where water is less than three and line -half feet, swimmers must enter the water from the deck level. 2 10. 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. 11 CLUB agrees to provide adequate lifeguard services during team practices conducted before April 12, 2003. CLUB will be responsible for covering the pool each day of practice before April 12, 2003. 12. CITY shall provide lifeguard services for Splash Day and Parent's Meet. 13. As of April 12 CITY shall provide lifeguard services for both public swim programs and CLUB practices, meets and activities. CLUB will reimburse CITY for the services of one lifeguard per practice after April 12, 2003 and for the duration of the practice season. 14. CLUB shall reimburse CITY for lifeguard services for CLUB meets and events. 15. CLUB agrees to charge and collect the following registration fees: $240 one swimmer/family $390 two swimmers/family $515 three swimmers or more/family $ 85 high school swimmer 16. 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. 17. Coaches and/or Assistant Coaches shall have completed registration forms for each Club swimmer on site at all CLUB practices and meets at TLCP. 18. Payment of fees: CLUB agrees to reimburse CITY for payment of the following fees: A. Pool Usage Fee- CLUB will pay CITY a fee of $14.00 per hour for TLCP use during scheduled practices and meets for the duration of this agreement. For the month of March, CLUB will pay CITY the diffrence in utility costs between February and March useage, not to exceed $5 0. B. Community Center Usaize Fee- Club will pay CITY a fee o $28.00 per hour for use of Clubrooms and staff attendant fee of $10 per our after 8pm. Monday -Thursday and 5pm Friday -Sunday. C. Lifeguard Services: - CLUB will pay CITY a fee of $12.00/hour for 3