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Home My WebLink AboutCC Resolution 8001 (Orca Swim Club)RESOLUTION NO. 8001 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT 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 Agreement with the Terra Linda Orca Swim Club, August 1989 (August 7 - 31, 1989 - 7-9:30 AM) 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 Reqular meeting of the City Council of said City held on Monday the 17th day of July , 19 89 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (�;tkTNE M. LEONC NI, CITY CLERK F11 v `h 1A1 5*.00 1 CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this Seventeenth day of July , 1989 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 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 an ORCA swim program. 2. CITY shall make the pool facility available as per the following schedule: August 7-31, 1989 7-9:30 a.m. 3. 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. Orca agrees to pay CITY the costs providing lifeguard services at all times while team is utilizing the facilities. 4. All team staff must have current American Red Cross certification in Water Safety Instructor or equivalent, standard First Aide and cardio -pulmonary resuscitation. -1- C:��Y A copy of the San Rafael Recreation Department's Aquatics Manual will be provided to coaching staff outlining departmental policies and procedures. 5. 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 Parks and Recreation Commission for its approval. 6. 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. 7. During program hours at the site, Swim Club officers and coaches will not permit Swim Team members to dive from starting platforms into water that is less than four feet deep. At the Terra Linda Recreation Center pool, swim practice will be conducted in the ten -foot diving area. Orca coaches will teach only shallow racing dives. In situations where water depth is less than four feet, swimmers must enter the water from the deck level. 8. CITY agrees to maintain aquatic facility in good use and to respond to emergency repairs at said pool. CITY will charge ORCA for any costs necessitated by ORCA'S failure to adhere to conditions expressed herein (i.e. cleanup of facility after use.) -2- 9. Pool Use Fee: ORCA will pay to CITY a fee of ten dollars ($10.00) per hour for pool use as scheduled between August 7 and August 31, 10. 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 water for any reason during team time at all swim sites. Payment of fees: ORCA agrees that all Swim Club program fees are due upon registration and shall be paid to the CITY. ORCA regis- tration fee may be refunded before the first meet. A $10.00 administrative charge will be deducted from said refunded registration fee and retained by CITY. CITY will make refunds within two (2) weeks of written notice to Recreation office. 11. ORCA agrees to adhere to registration fee schedule articulated below. Fees: $50.00 for one swimmer 12. ORCA agrees that all expenses directly associated with this team and not recovered in fees collected by the Recreation Department for a swim season will be paid to Recreation Department at season's conclusion. 13. ORCA will provide CITY with a proposed program budget for this swim program prior to August 7, 1989. 14. Either party may terminate this Agreement by by giving the other party five (5) days' written notice. 15. Prior to participating in the program, ORCA and its members shall individually as parti- cipants sign forms to release and hold the City -3- 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. 16. 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 California law provides for judicial review of 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 COURT OF LAW BEFORE A JURY AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. ATTEST: JtANNE M. LEONC I, CITY CLERK APPROVED AS TO FORM: BY J1 P JI.,_' . Cc :lP-�(,�c� { c, 7x - GARY T. RAGGHIANTI CITY ATTORNEY APPROVED AS TO CONTENT: BY �� . PAMELA J. NI OLAI CITY MANAGER -4- CITY OF SAN RAFAEL i - LAWRENCE E. MULRYA MAYOR ORCA SWIM TEAM: `Jim CLINE "CLUB CO-PRES PENT BY NANCY ��NE CLUB CO -PRESIDENT