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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
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