HomeMy WebLinkAboutCC Resolution 14247 (Orca Swim Club 2017-18)RESOLUTION NO. 14247
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE 2017 AGREEMENT WITH ORCAS SWIM CLUB FOR USE OF THE
TERRA LINDA COMMUNITY CENTER AND POOL
WHEREAS, the City and Orcas Swim Club mutually desire to provide a recreational
competitive swim program for the youth of San Rafael; and
WHEREAS, the Orcas Swim Club has utilized the Terra Linda Community Center and Pool
since 1962 as a volunteer organization promoting youth swimming; and
WHEREAS, the City desires to grant the Orcas Swim Club the right to use of the facilities at the
Terra Linda Community Center and Pool, for the purpose of conducting Club practices,
activities and competitive swim meets as scheduled.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael
approves and authorizes the City Manager to Execute the 2017 Agreement with Orcas Swim
Club for the Use of the Terra Linda Community Center and Pool in a form approved by the City
Attorney.
I, Esther C. Beime, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regul meeting of the City
Council of said City held on Monday, December 19, 2016 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Colin and McCullough
en- .oe
ESTHER C. BEIRNE, City Clerk
CITY OF SAN RAFAEL
COMMUNITY SERVICES DEPARTMENT
2017 AGREEMENT WITH ORCAS SWIM CLUB
THIS AGREEMENT is made and entered into this 20d day of F613 - , 2017, by
and between the City of San Rafael (hereinafter referred to as "CITY") and the Terra Linda
Orcas Swim Club, a non-profit organization, (hereinafter referred to as "CLUB").
RECITALS
CITY and CLUB mutually desire to provide a recreational competitive swim program for
the youth of San Rafael.
CITY shall grant the CLUB use of the facilities at the Terra Linda Community Pool
(hereinafter referred to as "TLCP") and Terra Linda Community Center (hereinafter referred to
as "TLCC") for the sole purpose of conducting CLUB practices, activities and competitive swim
meets as scheduled.
Now, therefore, in consideration of mutual promises, covenants and conditions
hereinafter contained, the parties agree as follows:
1. TERM. The term of this agreement shall be from February 27, 2017 to July 8, 2017.
2. USE.
A. TLCP. CITY shall make the TLCP available for CLUB use in 2017 as per the
following schedule*:
Club Program
Daily Practices:
Dates
2/27-4/7 (M -F)
3/13-4/7 (M -F)
4/10--7/7(M-F)
Hours
5:15pm-8:45pm (8 lanes)°
4:30pm-5:15pm (3-4 lanes)
5:15pm — 6:00 (7 lanes)
6:00pm — 8:45pm (8 lanes)"
6/13 — 7/6 (T/TH) 8:45am—10:00am (6 lanes)
6/12 — 7/5 (M/W)* 8:45am—9:50am (6 lanes)
* Water exercise starts at loam.
• Pool will be closed for maintenance Friday mornings.
• No practice on May 29 (Memorial Day), June 28
(Waterworld)
and July 4 (Independence Day)
°On weekday evenings, user groups may be scheduled one day a week, with advanced notice to
the Orcas for use of 2-3 lanes.
3.
Club Program
Sat. Clinics:
Time Trials:
League Home Meets:
Season Concludes:
Dates
3/4,3/11,3/18
3/25
4/22
5/6, 5/20, 6/17, 6/18, 6/24
July 8, 2017
Hours
10:00am-1:OOpm (8 lanes)
6:30am—11:30am
6:30am-1:30pm
(in the water by 7:30am)
B. TLCC. CITY shall grant the CLUB use of the facilities at the TLCC available for
CLUB activities in 2017 as per the following schedule:
Club Program Dates Hours Rooms
Sign Up Day 1/28 12:00 pm-3:OOpm 2
Pasta Power Night 4/28 4:30pm-9pm 2, 3, 4, kitchen
Awards Banquet 9/9 4:30pm-9pm 2, 3, 4, kitchen
CLUB RESPONSIBILITIES.
A. CLUB will share the TLCP with various aquatic enrichment programs that will be
scheduled for spring and summer. Those programs are not limited to, but will include
Lifeguard training classes, water safety instructor class, and junior lifeguard program,
swim lessons, WaterGym and public swim.
B. 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.
C. CLUB agrees to charge and collect the following registration fees:
$400.00
one swimmer/family
$700.00
two swimmers/family
$875.00
three or more swimmers/family
$50.00
high school swimmer
D. 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. A copy of the signed waiver must be accessible to CITY staff. A waiver
must be on file before the swimmer(s) begin to practice.
E. CLUB shall be responsible for leaving the facilities clean and in good order after each
use. CITY will charge CLUB the cost of any necessary staff time to clean if CLUB
fails to adhere to this condition.
F. 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.
G. 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. Facility and pool rules will be followed by
coaches and parents. An Orcas representative will be assigned to inspect both locker
rooms when practice/meet is complete and all swimmers are finished with the
facilities.
H. CLUB agrees to supervise and enforce the closure of the tot pool during swim meets
and when the pool is closed to the public.
I. CLUB requests for additional hours of use must be submitted in writing. The hourly
TLCP rental fee shall be applied to any additional hours granted for CLUB use.
J. CLUB at its sole cost and expense, shall obtain and maintain, during the life of this
agreement, a policy of commercial general liability insurance in the amount of
$1,000,000/$3,000,000 satisfactory in form to CITY, 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. CLUB's insurance policy shall be specifically endorsed to provide: 1)
that CITY, its officers, employees and agents shall be named. as additional named
insureds; and 2) that the additional insured coverage under the policy shall be primary
with respect to any insurance or coverage maintained by CITY and shall not call upon
CITY's insurance or self-insurance coverage for any contribution. It shall be a
requirement under this Agreement that any available insurance proceeds broader than or
in excess of the specified minimum insurance coverage requirements and/or limits shall
be available to CITY or any other additional insured party. Furthermore, the
requirements for coverage and limits shall be: (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the named insured; whichever is greater.
K. CLUB shall obtain a one -day permit to sell alcoholic beverages from the Alcoholic
Beverage Control agency (ABC) if alcoholic beverages are to be sold at any CLUB
event held at the TLCC. The ABC considers a donation at the door for food and/or
alcohol a requirement for a one -day permit. No alcohol is allowed at the TLCP or in
the park area.
L. 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, and activities
conducted by, CLUB, its officers, employees, agents or members, under or pursuant to
the terms of this agreement, excepting only those claims, demands, losses, or liabilities
that are caused by the sole gross negligence or willful misconduct of CITY.
M. CLUB owns and shall be responsible - for proper maintenance, use, storage and
replacement of: eight (8) starting platforms, one (1) backstroke pennant, four (4)
stanchion posts (backstroke), and two (2) stanchion posts (false start).
4. COACHING STAFF.
A. 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 Coaches; CITY shall retain final approval
of selection.
B. All CLUB coaching staff must have current American Red Cross certification in
Lifeguard Training that includes Standard First Aid, and Cardiopulmonary
Resuscitation for the Professional Rescuer, or its equivalent.
C. CLUB coaching staff is not permitted to conduct private, semi -private or group swim
lessons, unless under contract with the CITY to do so. Individuals conducting swim
lessons outside of a contract with CITY shall be warned in writing and the CLUB
shall be notified. Repeat violations shall be a material breach and cause for
termination of this Agreement with the CLUB.
D. Coaches and/or Assistant Coaches shall have completed registration forms for each
CLUB swimmer on site at all CLUB practices and meets at TLCP.
5. CITY RESPONSIBILITIES.
A. CITY shall provide TLCP and TLCC facilities on the schedule contained in this
agreement.
B. CITY shall monitor maintenance of the aquatic facility, and alert CLUB immediately
of unclean or unsafe conditions.
C. CITY shall provide scheduled lifeguards.
D. CITY shall invoice the CLUB by the 15"' of each month. CLUB agrees to pay the
monthly invoice by the end of the month.
S. PAYMENT.
A. Payment of fees and costs. CLUB agrees to pay or reimburse CITY for payment of
the following fees and/or costs:
1) TLCP. CLUB will pay the CITY a fee of $35.50 per hour for two Lifeguards and
TLCP use. An additional lifeguard at a charge of $17.75/hour will be required for
swim meets and during the beginning of the swim season until the Program
Coordinator feels staffing can reduce to two, and CLUB will reimburse the CITY for
this expense. For the month of March and early April, the CLUB will pay a portion of
the utility costs for the pool in the amount $945.
2) TLCC. CLUB will pay the Private Use & Non -Profit Fundraising Events rental rate
for the Terra Linda Community Center. The Community Center usage fee Will also
include staff attendant fee of $25 per hour after 9pm, Monday -Thursday, 5pm on
4
Friday and all day Saturday or Sunday. The CLUB is a 501(c)3 with a Tax
Identification number of 20-8172631. The Non -Profit rates will be charged for events
that are not considered a fundraiser. Clubroom five will be available for meets. at no
additional charge. The 2017 Non Profit rental rates are:
$48/hr, for one clubroom
$60/hr. for two clubrooms
$71/hr. for three clubrooms
$60/flat fee for kitchen use
B. CLUB agrees that all expenses incurred by the CITY that are directly caused by the
team and not recovered in fees collected by the CITY's Community Services Department
will be reimbursed to the CITY at the conclusion of the 2017 swim season.
7. TERAHNATION. Either party may terminate this agreement by giving the other party
sixty (60) days written notice.
8. NOTICE. All notices and other communications required or permitted to be given under
this Agreement, including any notice of change of address, shall be in writing and given by
personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed
to the parties intended to be notified. Notice shall be deemed given as of the date of personal
delivery, or if mailed, upon the date of deposit with the United States Postal service. Notice shall
be given as follows:
TO CITY: Community Services Director
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 94915-1560
TO CLUB: Terra Linda Orcas Swim Club
PO Box 6838
San Rafael, CA 94903
WHEREFORE, this Agreement is executed as of the date first set forth above.
CITY AF SAN RAFAEL
B �c
Y
-'�C
Jim S Liutz City Manag
TERRA LINDA ORCAS SWIM CLUB
By-:. I
Daniel Goldberg, President
ATTEST:
fj0j,m;x G . PQl,¢wc , By:
Esther C. Beirne, City Clerk Vice President
APPROVED AS TO FORM:
Q eF:iE��7
Robert F. Epstein, City Attor&j
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Services
Project Manager: Debbie Younkin
Extension: ext 3347
Contractor Name: Terra Linda Orcas Swim Club
Contractor's Contact: Daniel Goldberg
Contact's Email: president@tlorca.org
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. PINS notice sent on 11/30/16 to Orcas
11/30/2016
12/1/2016
DY
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
12/1/2016
® LAG
and return to Project Manager
12/1/2016
® LAG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Project Manager
Forward three (3) originals of final agreement to
12/2/2016
contractor for their signature
DY
4
Project Manager
When necessary, * contractor -sinned agreement
® N/A
agendized for Council approval
DY
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
Date of Council approval
Click here to
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
12/2/16
Attorney with printed copy of this routing form
DY
6
City Attorney
Review and approve hard copy of signed
agreement
7
City Attorney
Review and approve insurance in PINS, and bonds
1/3�2D1'7-
(for Public Works Contracts)
8
City Manager/ Mayor
Agreement executed by Council authorized official
9
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager