HomeMy WebLinkAboutCC Resolution 9807 (Orca Swim Club 1997)RESOLUTION NO. 9807
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
WITH TERRA LINDA ORCA SWIM CLUB FOR 1997 SWIM SEASON
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, a contract, lease or agreement with
ORCA Swim Club for 1997 Swim Season
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 Mondav the
17th of March, 1997 by the following vote, to wit:
AYES: COUNCILMEMBERS: Hel l er, Mi 11 er, Phi 11 i ps & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JE NE M. LELERK
UI'f
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CITY OF SAN RAFAEL
RECREATION DEPARTMENT
SAN RAFAEL, CALIFORNIA
AGREEMENT WITH ORCA SWIM CLUB
This agreement made and entered into this 17th day of MARCH , 1997 by and between the
City of San Rafael (hereinafter referred to as "CITY") and the ORCA Swim Team (hereinafter
referred to as "ORCA").
CITY and ORCA 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 ORCA the use of the facilities at the Terra Linda Recreation Center,
hereinafter referred to as TLRC Pool for the sole purpose of conducting ORCA
practices as well as competitive swim meets as scheduled.
2. CITY shall make the pool facility available as per the following schedule:
Club Program Dates Hours
Splash Day 3/15/97 9:00 AM - 12 PM
pool until 11 AM
Daily Practices 3/17-7/25 M/W/F/ 5:00 PM - 8:30 PM
*T/Th 6:00 PM - 9:00 PM
Sat. Clinics 4/12. 4/19. 5/3 Sat. 8:00 AM - 11:00 AM
Time Trials/ 5/10/97 Sat 8:OOAM. - 1:OOPM
Practice Meet
League Home Meets 6/7, 6/21, 6/28, 7/12 Sat 7:00 AM - 1:00 PM
Season Concludes 7/26/97
(*Tuesday and Thursday using only two lanes.)
CITY shall advertise and recruit for swim coach personnel. ORCA 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 the CITY. CITY will supervise and manage
employees. CITY will process payroll for the swim coach, assistant coach and
lifeguard.
4. 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
Cardio -Pulmonary Resuscitation. A copy of the San Rafael Recreation Department's
Aquatics Manual will be provided to coaching staff outlining departmental policies
and procedures.
5. CITY and ORCA 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
the Orca program's operating expenses.
COPY
6. CITY shall pi„✓ide ORCA facility classroom space nor fund raising events as
program requires. ORCA shall complete applications for use of the TLRC and will
pay a $17.00/hour flat rate fee established by CITY to recover direct costs of utilities
and facility attendant.
7. ORCA, 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 ORCA
program. CITY staff shall meet with ORCA Club officers as necessary to review and
revise their constitution and by-laws. Any required revisions shall be submitted to
the San Rafael Park & Recreation Commission for its approval.
8. ORCA 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. During competition/practice at any site, Swim 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 TLRC pool, swim practice will be conducted
in the ten -foot diving area. ORCA 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. CITY agrees to maintain aquatic facility in good use and to respond to emergency
repairs at said pool. ORCA shall be responsible for leaving the facility clean and in
good order after each use. CITY will charge ORCA cost of any necessary staff time
to clean up if ORCA fails to adhere to this condition.
11. Registration: ORCA agrees that all swimmers shall have a Swim Team registration
card completed and in possession of coach or assistant coach prior to entering the
water for any reason during team time at all swim sites.
12. ORCA agrees to charge and collect the following registration fees:
Fees: $200.00
for one swimmer
$300.00
for two swimmers
$400.00
for three swimmers
$50.00
for High School Swimmer (summer only)
13. Pavment of fees: ORCA agrees to reimburse CITY for payment of the following fees:
a. Pool Usage Fee - ORCA will pay CITY a fee of $13.00 per hour for pool use
during scheduled practices and meets between March and July.
b. Coach and Assistants - ORCA will reimburse CITY in amounts not to exceed
$8,500.00, $5,500.00 and $900 for salaries for the team's coach and two assistant
coaches, respectively.
c. Lifeguard - ORCA will pay CITY a fee of $8.50/hour for lifeguards for all hours
ORCA schedules practice meets at the TLRC pool site between March and July.
14. ORCA agrees that all expenses directly associated with this team and not recovered in
fees collected by the Recreation Department will be paid to Recreation Department at
season's conclusion.
15. ORCA 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 1997 swim season to
cover all expenses. 2
16. Either party mu, terminate this Agreement by giving the wrier party sixty days written
notice.
17. Prior to participating in the program, ORCA and its members shall individually as
participants sign forms to release and hold the CITY harmless from any and all
liability for injury to themselves or other participants during hours ORCA is using
any pool facility. If a member refuses to sign, he/she will not be eligible to
participate.
18. Indemnitv Orca Swim Club shall defend, indemnify and hold harmless City, its
officers, employees, and agents from and against any and all claims, demands, loses,
or liability which may be alleged by any person, or by Orca, for injury to, or death of
persons or damage to property, however arising, from the obligations and actions of
Orca, it officers, employees, or agents under the terms of this agreement, excepting
only the sole gross negligence or willful misconduct of City.
19. Insurance Orca Swim Club at its sole cost and expense, shall obtain and
maintain, during the life of this agreement, such public liability insurance in the
amount of $1,000,000/$2,000,000, satisfactory in form to the City, and with the
City, its officers, employees and agents added as an additional named insured, as
shall protect Orca Swim 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 Orca
Swim Club, its officers, agents, employees or subcontractors.
Attest
J nen eM Leoncuu, City Clerk
City of San Rafael
eAlbef, Mayor
AT.
Pand,
m: Orca Swim Team:
ary
ityorney Michael McGuire, President
Approved as to content:
Ro Gould, City Manager
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