HomeMy WebLinkAboutCC Resolution 10779 (ORCA Swim Club)RESOLUTION NO. 10779 A RESOLUTION AUTHORIZING THE SIGNING OF THE 2001 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 2001 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 a regular meeting of the City Council of said City held on MARCH 5 . 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNL M. LEONCINI, CITY CLERK ORIGINAL, �o^�� CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT SAN RAFAEL, CALIFORNIA 2001 AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this 5`h day of March 2001, by and between the City of San Rafael (hereinafter referred to as "CITY") and the ORCA Swim Team (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 provide staff services to CLUB at the Terra Linda High School and San Rafael High School pool facilities hereinafter referred to as TLHS/SRHS pools for CLUB practices, and competitive swim meets, and grant use of the Terra Linda Community Center hereinafter referred to as TLCC for the sole purpose of conducting events according to the schedule outlined in this agreement. 2. Schedule: CITY shall make the pool facility available as per the following schedule: Prosram Dates Hours Site Splash Day 3/10 9:00a.m.- TLCC Noon Daily Practices 3/6-5/20 M -F 6-9:30 p.m. SRHS 5/21-7/28 M -F 5-9 p.m. TLHS Parent's Meeting 3/27 7-9 p.m. TLCC Sat. Clinics 3/24 & 4/28 8-11 a.m. TLHS Time Trials 5/12 8-1 p.m. TLHS Pasta Power Night 5/18 4:30-9 p.m. TLCC League Home Meets 5/19, 7 a.m.-1 p.m. TLHS 6/2, TLHS 6/30 SRHS Parent BBQ, Dance 7/21 2 p.m. -11 p.m. TLCC Season Concludes 7/28 3. Swim Coach Personnel: CITY shall advertise and recruit for 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. Certification: All team 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. Merit Bonus: CITY and CLUB agree to consider a lump sum merit bonus for the swim coach at the end of the season, provided there are funds available for such a bonus after meeting CLUB program's operating expenses. 6. Classroom Space: CITY shall provide CLUB facility with classroom space for fund raising events, as program requires. CLUB shall complete applications for use of the TLCC and will pay $20/hour flat rate fee established by CITY to recover direct costs of rental and staffing of facility. 7. Organization: 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 Department for its approval. 8. Participant Supervision: CLUB will assure that parents or coaches are assigned daily to control and supervise the activities of swimmers out of water/using dressing rooms, or other general activities on site. 9. Diving Regulations: During competition/practice at any site, 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. At the TLHS/SRHS pools, start practice will be conducted in the ten -foot diving area. 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. 10. Maintenance: CITY agrees to monitor maintenance of the pool facility and to notify the School District of emergency repairs at said pools. CLUB shall be responsible for leaving the facility clean and in good order after each use. CITY will charge CLUB cost of any necessary staff time to clean up if CLUB fails to adhere to this condition. 2 11. Participant Registration: CLUB agrees that all swimmers shall have a Swim Team registration completed in possession of coach or assistant coach prior to entering the water for any reason during team time at all sites. 12. Fees: CLUB agrees to charge and collect the following registration fees: $225. for one swimmer $340. for two swimmers $440. for three swimmers or more $65. for high school swimmer 13. Reimbursement: CLUB agrees to reimburse CITY for payment of the following fees: A. Pool Usage Fee- CLUB will reimburse CITY for hourly charge by San Rafael City Schools for use during scheduled practices and meets between March and July. B. Coach and Assistants — CLUB will reimburse CITY in amounts for salaries, of the team's head coach ($13,000) and two assistant coaches ($9,500 & $3,500), respectively. C. Lifeeuard: - CLUB will pay CITY a fee of $10.00/hour for lifeguards for all hours CLUB scheduled practices and meets at the TLHS and SRHS pool sites between March and July. 14. Additional Expenses: 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 San Rafael Community Services Department at season's conclusion. 15. Operating Budget: CLUB will provide CITY with a proposed annual operating budget for swim season prior to the fiscal year. All fee increases will be in effect for the 2001 swim season to cover all expenses. 16. Termination of Agreement: Either party may terminate this agreement by giving the other party sixty (60) days written notice. 17. Release and Hold Harmless: 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. 18. Indemnity: 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 ORCA, its officers, employees, or agents under the terms of this agreement, excepting only the sole gross negligence or willful misconduct of CITY. 19. Insurance: 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, employee 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 Jeanne M. Leoncini, City Clerk Gary T. ljdgianti, C # Attorney Approved as to content: Rod Gould, City Manager City of San Rafael Albert J. Boro,ayor Orca Swim Club: ----------------- oc,------ Pat Bohm, Co -President 4 - ----------- - - Monica Paoli, Co -President 12'1221600 13/:43 41b—r 0-J1lJb 1 LMR, t L 1141JM r ll ," cal , Profit Nan -Profit 5cnool/Dls1rlct Application No. SAN RAFAEI? CITY SCHOOLS Application and Permit for Use of School Faeilitie4 ^tract t4!rR1e4t: (,q �� i�g2,� 6 %U - 31�� "�,G� I1— ;ioatton Das Keene of rvitr�On o stet ereen 3 .,. . 3 MaUln A dress City, Sta Zip cane Number ;5, it - C:;_An M . 5[a.L v re €S Trance ofAdWi Supervisor(s) - The Detsort(s) In charge during use of hcilitiu. Phone Number 9,&j4 DESCPJP710NOF�FACiLITIES TOAE USED tars► School T�n�i L._t meg N I & td St�_miqp 4_ Rooth, Arca Equipment Needed Special Services Nceded DATE DAY(5) OTWEEK HOURS- FROM ro DATE DAY(9) o)F WEEF, HOURS: FJIUJW TO J -*VIN I'd W60 Y. 4I. c AnY:�a•� Ste_ CcYE Ird, .04B Raw onfo1Use.IFaoL (S UjAVAi(#%it(0 PQA.S6M'�VW NumberAnerdlt1g L,<A)L 20J Wlll Admisbtttn Fer He C` g• L___ Amount ofFoe If amwer to cithtr arthe above is YeS, act pmccsd► will lx u&vJ for What purposeY Qk � � �rs✓o�� T,p�1 J Couvtbutlons Solicited? W n REQUIRED INSURANCE COVERAGE AND CERri 4CA TES "he applicant is required to name San Rafael City 9choals (District) as an additional insured on the applicant's comprehensive liability insurance Aicy, and to provide the District with a CeritFcm of insurance, including defense exp4aw coverage. RfiI1TAI. PA7r',%IRNT MUST big XXCSIVED 1S DAYS r1UOli TO THF USE, AND :tslt�lSl tt ANC. CEItTWICATE MUST BE ATTACHED TO APFLICA1170?v FOR APIRACATiON TO BL AP1"RO1r P AND A >PBRiv IT tSSULD *+• I, the urderelgncd, hereby cettify that 1 will ba personally responsible, On behalf of The app%ml, for any damages sustained by the school building, furniture, equiprtteat, grounds, or people accruing Through the use of said building or area by the applicant and hereby agree to pay for said darrtages i1'they occur. T hereby certify that I have read the USE OF FACILITIES REGULATIONS (see reverse) and GZNL RAL INFORMATION and agree that I will abldc by all ruks, regulations and conditions bet forth therein cad will conform to ail applicable provisions of the t: onsthution and Laws of the Stale o! California. I understand thatthiS application Ail; be denlod !t either the required Insurance certificate for the coverage specified is Dot attached to the application or the fees are nat provided fifteen (15) days prior to UK I understand tbat xcherol activities take precedent, and that my use may be canceled, ever. though my use liar been approved - 1 certify that I am duly authorized to sign this application and thrill the above areanitanoa does hcrcb; aeTee to indemnify and hold harmlew the San Rafael City SchooJs again" any loss Whatsoever nature or kind arising from the damage to person or property as a consequence of the use of the above mentioned seh000ll�property, and agrcc !* provide Saul Rafael Ciky Scnoob with defense expense coverage. NAMEU1gna-ure) %A &kW%- �_ C5 TL M�g` 15;.1►WL TJE14wt - Ti11e_ Telephone (If dt Trent Vian above) 9chetatf'rjpt�ai: please check: ►tim4? Requlred L tot Reavired a School prottr m? Yt s 'No EJ Name/Tirle of Person who wil! OPCWClosaMonitol Use _ Princ' Approve) Denied _ ._ Signcd: 1 MaintMan:.e Dent. ApprovedDenied 5ignl (field use Qnly) District Approved: Denied Signed: tplenotion for Deolal (if penied): _. Date: Date- Date- Ort'gtrul," Appdpant Copy 7: Roil WS OritCe f M ; COPY 2'SC/7001 SIH! Dopy 3. Sine Cusrcoyan BUS:UaeFrrn97 - 9/19/2000 1Y!1�i2bbd 07:43 415- '12—kM TEPP,) LI1IDP HT SCH PAGE 02 Ptolit, Non-profit _ SchooUDistrict� Application No SAN RAFAEL CITY SCHOOLS Application and Permit for Use of School F_cili ies I Pte. vmptlt . '- '� eme of OrganizatioA Coli Person Application Delle c' 7 1?� ����n.�.�� Ts.�..� FArf:. 9y ya3 -y -� 4 Mailingrest / �S City, State. zip Phonepm _3 �4 '7 Name otAduit SuperyborM - The versants) in chargedwing use of facili(irs. Phone urn r MCRIPTION OF FACI,G,(TIBS TO BE VS6D School -7 rjr"14 1_//V0/*-/�/!V0/*- / f-rr614 57COV-52of— Room A5ei_ 9il l i `io_ 4V V,oe6oc edf. /'T7- 5 EquivmentNeeded Specialscrviced.`'.. ,d DATE DAY(S1 OF'%VZEK HOURSt FRDATE I DAY(S) OF WEEK HOURS: FROM 170 11Q1�:W4 lei ILL%/ le% L W1 Retttun For Ute: Pi,4 P6Li L StA.)f M IP20 (.794evq Number Aurndir_6 �� — /tK0 W�1t Adm ssion Fce 8c Charged? y�1- - 4tnounl C1 f ct,� a 04�, Contributions Solicited? // Cj If answer to either of the above Is YES. net proceeds will ba used for N•har puro*3c?To ea2v,5a REQUIRED iNSURANCE COVERAGE ANO CERTIFICATE, The applicant is required to none Sett R,a(ael City Schools (District) as an additional insured on aha applicant's comprc.icmive liabijity insaranca l:ry, and to provide the District with a Ceditieete of Insurance, irtaludireg daibnae "pvnw Cw'erage. RENTAL PAVmENT MUST bE RECEIVED 15 DAYS ,PRIOR TO THE tiSE, AND "IN'SURANCECERTIFICATE' Ut T`VEATTACKEDTOAFPLiCATIONFORAFPLICATIONTOMAPPROVEDANDArEUMITISSUXV••• 1, the un3ersigned, hereby certify that I will be personally rmpoosibk, on beh-al: of the airpheant. for any damages sunt?incd by the whoal building, 'umlwre, equipment, grnundx or people aeenrlrg ilttough the ust: of Said b'.rllding or area b: the applicant and hereby agree to pay for said damages if they occur- ) hereby certify that I have read the USE Of FACILITIES REGULATIONS (ate reverse) and GENERAL INFORMATION and &gra that I wil'. abide by all ndes; regulations and condition!: sat fortis therein and Will conform to ail applicab!c� provisions of #be Constitution and Laws of the State of California. I understated that this application wili be dented if either the required Insurance cettifcate for the coversge Specified is not artached to the sppilrsrion oT the feee aro ant provided fiReeu f I S) days prior to use. I uttdtrstatld that school a:ttviries We precedent, and test av use they be cancrled, even:!tough my we has been approvtd. 1 certify thsr 1 am duty authorizi:d to sign this app? don and that the above organization does hereby ag+ee to iedcmnity and hole harmless the San fteiael City School3 against any loss whatsoever afore or kine wising from the damage io person or property as a consequence of the use of the above rnearioned school pro rovide San Rafael City 5ehv s wit': dCkose expa:Ise coverage. NAME (yignetura) E� Title Telephone Of diPltte�trhan above) School Principal: please check: Overtime? Required lJ Not Required n School Fro rt: j 1 -ca ❑ NOD "unclTirle of Ferson who will Open/C)ose/Mohltor Use_ Yrincital Approved Dcnicd Sig[ted: J f ': '3'+! (� Date: WinAj e ` ' Approvrd__ Deniad Signed: Date: (field use only) Glstric Approved: Denied Signed Date: %lavation for Datiai (If Denied): _ O.Wnal. Apglieew COPY i- Faavas O1fce (M4,0) Copy Z:SChro! SAV Copy J- Sift CU9[odi®n lau&useprmol - 9118/2000 3/8/01 4:11 PM BOLLINOER INSURANCE 14154081509 015 AGONAL CERTIFICATE OF LIABILITY INSURANUE oPID DC CATEIWAOINr.I NUI -38 03/08/01 PPDOLKED THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bollinger, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 830 Morris Turnpike ALTER TME COVERAGE AFFORDED BY THE POLICIES %LOW. Short Hills NJ 07079-5000 COMPANIES AFFORDING COVERAGE Brenda podato Est. 1051 ins 400-326-1379 •s -w 973-921-2876 ccwpm II' A Star Insurance Comany COMPAN. - - --- B Peoples Benefit Life Ins. Co. COIAPAN, -� Merin Swim League C 74 Spencer Avenue I COMPAN Sausalito CA 94963 D COVERAGES THIS 18 TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAV! BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHBTANDINO ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. TMS INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO T+PECFVAI-RNCEP•;ri1CrIA_M1eEP POMV1FFECTAC POLKTC+PIPAT"I I DDF/VI 001 jMMC0l,*-I LST' LTP OATP IAW G"PALLQUTT I VVIVALAC4PIC-0E t2.000.000 A Z COwEPcuILCEFePALLIAnilrr GLO161276 03/09/01 03/05/02 IPPOP.OTi•COVW4PAGrA f 2,000,000 C "'IN D �c'•P j IIIP'lT1ALeA W*LAJP f 1.000.000 _ OVNRPS S C OfOPAC TOP$ PFKT I EAC H OC C L'v7Er< E L 1,000.000 Y Inal ParticipARt3 IFIveDAM&Mlhwr Im L 100,000 MED 9.0 INV g^F wum f 5.000 t1,TOMOCA,E L1Ag,11rT ANT p.rte Cc*e"o S*dLI LMT/ I f 900L'r nLA.+Pr f QCMIOLAID AUTON (per perF0A1 INlDat1T0! 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CERTIFICATE MOLDER San Rafael City Schools City of San Rafael 223 Woodland Ave. San Rafael CIL 94901 ACORD 28.8 01851 Had Max: $500,000 Dud: p0/claim CANCELLATION SANR040 :9.0.LO AN, cF THE QQIE ©eaZ"E9 "K CNICELLEDHPr bE Tr! E •PPAnOPI WE TMEDEOF TMe I IN!. COMP41'r WALL 11110"VOP TT MAL 30 DATE vvT+ITTIN rIOMe TO TME C EPTI FKATE MOLDED PIAMBD TO TIFI LIFT &.IT FAIL.Ofi TO MAIL SVC H I,OTIC E 3HYL Ngn;?E NO OBLIrAATION OP UA*kfr OF Ar I1 P 040 ,W4XI THE COMM! 1T.q A"f4T40 OR PEPPEWNTATNES IN 1888 2!01ri Awn714MNIHv n-- 3/8/01 4:11 PM BOLLINOER INSURANCE 14154081508 018 L CERTIFICATE OF LIABILITY INSURANCE OP 10 DC DATEIm"aw(" 10=-38 03/08/01 PDDa CEP I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bollinger, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 930 Morris Turnpike ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Short Hills NJ 07079-3000 COMPAMESAPPOROINGCOVERAGE Brenda Lodato Ext. 1051 ngv� 80��379 IJ. In 97�U1-2876 A Star Insurance Company i�U�E C01O41Y 8 Peoples Benerit Life Ins. Co. COWAN, Marin Swim League C 74 Spencer Avenue compo'? Sausalito CA 94965 0 COVERAGES THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 12SUND TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIN RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1E SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 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POLIC r Lwr S PAPTNEPSIB•EG.'TrvE (4110EAP P9E !•CL ELDr3EME•EAEWLQ'EE 1 OTHIP A Accident Insurance PST2381V 03/03/01 03/03/02 Dried Mast: 4500,000 Full Excess Dad: 40/claim DleLPI ?TONCAaePATI MMOCATlc WAMCLI-PSPlc1ALlTews Th certificate hplder i� n�nbd as an additional ins red under W liability po�iay Cove a e :prow de under this ppolicy only Por sponsors supero se activities o he nomad insured for ahioh a premium has been paid. CERTIFICATE HOLDER CANCELLATION 9ARR050 BACK&OANVOO W ABOVE DeeCMEEOPOUMN(ANCELLEDeePOKTHE EAPIPATIQII DATE THEPECIF. TME W9Lm1G CCW&J-I(WKL ENOE"0P TO MNL Ban Rafael Recreation District _Q_DAYS VIP MNNnTICITOTHECeRTPKATEH)LDIRNMeoTOTnILEFT, City of Ban Waal a,T FAPLVPe'PO MAIL SUCH NONCE VOLL NPOSE P061LKATICPI OP LIAIRir( 618 B 9t. San Rafael CA 94901 OF ANY HA(D UPON THe CCWANr rtI AGENTS OP PEPPEIENTAMeE ACORD 2" 111951 (�147 IN 1088 £0'd AC031V2NVN.0 I;CICLQnb qTb cb•an TnnP_aa_cn