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Home My WebLink AboutCC Resolution 11012 (Orca Swim Club 2002)RESOLUTION NO. 11012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF THE 2002 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 2002 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 Tuesday, 19th day of February, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen /9�7ftzzg c .Rawncv, , 4P" -'i 11�&e JEANNE M. LEONCINI, CITY CLERK `#y CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2002 AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this 19th day of February, 2002, 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 9 11:00am to 2:00pm Daily Practices: 3/11 Spring 3/11-6/15(Monday-Thursday)5:30pm to 8:30pm (Friday) 5:30pm to 8:00pm Note; Shared use with Community Services Tu/Th 5:30pm to 7:00pm lap swim and water gym Summer 6/17-7/27(Monday-Thursday) 8:00am to l 0:00am (Monday -Thursday) 5:30pm to 8:30pm Note; Shared use with Community Services Tu/Th 5:30pm to 7:00pm lap swim and water gym (Friday) 5:00pm to 8:00pm Sat. Clinics: Time Trials: League Home Meets: "Fun Meet": 4/20, 5/4 and 5/11 4/27 6/1, 6/15, 6/22 and 6/29 7/13 Parent's Meet & BBQ 7/20 Season Concludes: July 27, 2002 8:00am to 11:00am 9:00am to 12:30pm 7:30am to 12:00pm 9:00am to 1:00pm 5:00pm to 10:00pm 3. CITY shall advertise and recruit swim coach personnel. CLUB will interview and recommend candidates for hire. CITY shall retain final approval of personnel selection. The Coach, Assistant Coach and Lifeguards will be CITY employees bound by the rules and regulations of CITY. CITY will process payroll for the Swim Coach, Assistant Coach and Lifeguard. 4. All CLUB staff must have current American Red Cross certification in Safety Training for swim coaches, Water Safety Instructor or equivalent, Standard First Aid, and Cardiopulmonary Resuscitation. A copy of the San Rafael Community Services Aquatics Manual will be provided to coaching staff outlining departmental policies and procedures. 5. CITY shall provide CLUB with classroom space for fund-raising events as program requires. CLUB shall complete applications for use of the Terra Linda Community Center and will pay $20/hour flat rate fee established by CITY to recover direct costs of rental and staffing of facility. 6. CLUB, under the auspices of CITY, 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 program. CITY staff shall meet with CLUB officers as necessary to review and revise their constitution and by- laws. Any required revisions shall be submitted to the San Rafael Community Services for approval. 7. 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. 8. 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. 9. 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. 10. Coaches and/or Assistant Coaches shall have completed registration forms for each Club swimmer on site at all CLUB practices and meets at TLCP. 11. CLUB agrees to charge and collect the following registration fees: Fees: $225 one swimmer $340 two swimmers $440 three swimmers or more $65. high school swimmer 2 12. Pavment of fees: CLUB agrees to reimburse CITY for payment of the following fees: A. Pool Usage Fee- CLUB will pay CITY a fee of $13.00 per hour for TLCP use during scheduled practices and meets for the duration of this agreement. B. Coach and Assistants - CLUB will reimburse CITY in amounts for salaries for the Head Coach ($16,500) and two Assistant Coaches ($9,000 & $4,000), respectively. C. Lifeguard: - CLUB will pay CITY a fee of $12.00/hour for lifeguard services during all scheduled practices and meets at the TLCP for the duration of this agreement. D. Purchase of Competitive Pool Equipment - CLUB will reimburse CITY $18,000 for the purchase of eight starting platforms, one backstroke pennant, three racing lance floats (25 meter), four stanchion post (backstroke), stanchion post (false start). The first reimbursement payment of $3,000 is due at the signing of this contract. Balance of the amount owned is due in annual payments of $5,000 at the conclusion of the swim seasons 2003, 2004, 2005. 13. 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 2002 swim season. 14. CLUB will provide CITY with a proposed annual operating budget for swim season prior to the swim season. Participant fees, as per this agreement will cover the operating costs for the 2002 swim season. 15. Either party may terminate this agreement by giving the other party sixty (60) days written notice. 16. Prior to participating in the program, CLUB and its 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 any pool facility. If a member refuses to sign, he/she will not be eligible to participate. 17. 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. 3 18. 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. Attest: /55lkae e - &,ezzp, 4-cect(� F,�f . Jeanne M. Leoncini, City Clerk Gary T. Ragghian6�City Attorney Approved as to content: Vr'- 1W, 0 1 qw, m Wa�Wl R' R I Rod Gould, City Manager City of San Rafael: Orca Swim Club: Monica Paoli, Co -President X 01)19-t 1)Qc 121' &'A Lisa Claiborne, Co -President