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Home My WebLink AboutCC Resolution 9320 (Orca Swim Club 1995)RESOLUTION NO. 9320 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT. LEASE OR AGREEMENT WITH ORCA SWIM CLUB FOR 1995 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 1995 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 20TH of March, 1995 by the following vote. to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEf5&N'E M. LEONCINI. CITY CLERK 0RIGINALq,29 CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this 2 Qth day of MARCH, 1995 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 3/11/95 9:00 AM - 11 AM Spring Practices 3/13-6/19 M/W/F 5:00 PM - 8:30 PM TM -i 6:00 PM - 9:00 PM S 8:00AM -11:00 AM Time Trials 4/29 S 9:OOAM. - 12:30PM Practice Meet 5/6 S 7:00 AM - 1:00 P1VI Leazue Meets 5/20,7/1 S 7:00 AM - 1:00 PM 7/15,7/22 Summer Practices 6/19-7/28 M - TH 6:30 AM - 9:30 AM T/TH 6:00 PM - 9:00 PM M/W/F 5:00 PM - 9:00 PM Season Concludes 7/29 1 3. 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 rales 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. 6. CITY shall provide ORCA facility classroom space for fund raisin; 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. 2 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: $175.00 for one swimmer $250.00 for two swimmers $325.00 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 Usaae 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 and $7,000.00 for salaries for the team's coach and assistant coach, respectively. c. Lifeguard - ORCA will pay CIT`{ a fee of $8.50/hour for lifeguards for all hours ORCA schedules practice meets at the TLRC pool site between March and July. RK 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 1995 swim season to cover all expenses. 16. Either party may terminate this Agreement by giving the other 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. MANDATORY ARBITRATION OF CLAIMS AGAINST CITY. It is hereby expressly understood that any claim asserted against the CITY by ORCAS SWIM TEAM and/or its members on account of bodily injury, mental disturbance, death or property damage sustained as a result of, or for any reason connected with the use of CITY property, facilities, or programs pursuant to this Agreement, will be determined by submission to arbitration as provided by California law and not by a lawsuit or resort to court process except as Califomia law provides for judicial review or arbitration proceedings. THE CITY AND THE UNDERSIGNED BY EXECUTION OF THIS AGREEMENT ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. 9 Attest Jeanne M. Leoncini, City Cleric Gary T. Rag hianti, City Attorney City of San Rafael i Albert J. Bo , Mayor Orca Swim Team: 4UDIHiarmnson, President