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HomeMy WebLinkAboutCC Resolution 7037 (Orca Swim Club 1985)RESOLUTION N0. 7037 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE ENT 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 RENEWAL OF MEMORANDUM OF UNDERSTANDING WITH TERRA LINDA ORCA SWIM CLUB/1985 (For One Year) 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 re au lar meeting of the City Council of said City held on Tuesday the 19th day of February 19 85 by the following vote, to wit: AYES: COUNCITMEMRFRS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILNII2MRS : None ABSENT: COUNCILbDMMERS: None CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, made and entered into this Nineteenth day of February 1985, by and between the City of San Rafael, hereinafter referred to as "CITY," and the Orca Swim Team, hereinafter referred to as "ORCA." RECITALS WHEREAS, CITY and ORCA are mutually desirous of providing a recreational/competitive swim club for youth of San Rafael. WITNESSETH For and in consideration of mutual promises, covenants and conditions, hereinafter contained, the parties hereto agree as follows: 1. CITY shall provide ORCA facilities at the Terra Linda Recreation Center pool for the purpose of conducting ORCA practice as well as competitive use when scheduled. 2. CITY shall provide aquatic space accordingly: Club Program Starting Date Hours Splash Day March 30, 1985 8:00AM-11:00AM Saturday Spring April 1, 1985 5:OOPM-8:OOPM Practices Mon/Wed/Fri 8:00AM-11:00AM Saturdays League Meets Saturdays 7:OOAM-12:30PM Summer Practices June 17, 1985 7:00AM-9:00AM Monday -Thursday 6:30PM-9:30PM Monday -Friday League Meets Saturdays 7:OOAM-12:30PM Season concludes: July 27, 1985. A complete schedule of events will be provided to Recreation Department no later than Friday, April 12, 1985, for the swim season of 1985, exclusively. 3. CITY shall have complete control, responsibility and supervision of Terra Linda Recreation Center and Pool and programs conducted therein. All coaches and assistants assigned to conduct the programs shall be under control and general direction of CITY. Staff is required to attend all in-service training seminars as required by all Aquatics personnel. 4. CITY shall assist ORCA officers with personnel recruitment, provide payroll (Club officer must sign all pay sheets), registration and printing services. (All printshop requests must be two (2) weeks in advance.) 5. CITY shall provide facility classroom space for special purposes as ORCA program requires. Applica- tion of facility use and fee established to recover direct costs of utilities and facility attendant. 6. ORCA shall handle all custodial duties associated with its program, both on interior and exterior of aquatic facility. 7. ORCA, under sponsorship 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. MOC 8. Parents are assigned each day to supervise control over swimmers out of water/using dress- ing rooms, or other general activities on site. 9. CITY agrees to maintain aquatic facility and to respond to emergency repairs. There will be no charge for these emergency -type items; however, if CITY is consistently asked to do routine custodial chores, this cost will be reimbursed by ORCA. 10. ORCA guarantees that all expenses directly associated with this Club and not recovered in fees collected by the Recreation Department for a swim season will be reimbursed to Recreation Department at season's conclusion. 11. Pool Use Fee: ORCA will pay to CITY a fee of ten dollars ($10.00) per hour for pool usage (*exclud- ing swim meet usage on Saturdays, as scheduled by April 12, 1985). 12. Registration: All swimmers must have Swim Team registration card completed and in possession of coach/assistant coach prior to entering water for any reason during Club time. Payment of Fees: All Swim Club membership fees due upon registration, payable to CITY. Refund up to first meet, minus ten dollars ($10.00) administra- tive charge, collected by Recreation Department. All refunds will be paid by CITY within two (2) weeks of written notice to Recreation office: Fees: $65.00 for one swimmer $90.00 for two swimmers $120.00 maximum per family 13. Itis agreed that this Agreement will be renegotiated in respect to cost and any other provisions each fiscal year. A recommended budget will be prepared by March prior to the fiscal year. -3- All increases would go into effect on March 1, 1985, to cover all expenses. 14. Either party may terminate this Memorandum of Understanding by giving the other party sixty (60) days' written notice. 15. The parties hereto agree that this Memorandum of Understanding will commence on this 19th day of February , 1985. APPROVED AS TO FORM: ByG�1 � -► G T.'AAG HIANTI, TY ATTORNEY APPROVED AS TO CONTENT: By ROBERB Y , CITY MANAGER ORCA SWIM TEAM: -"-,BY '' iGL� tit t�r C J RICHARD PRC CLOSKEY, CLUB PRESIDENT DATE SUBMITTED: CITY OF SAN RAFAEL: LAWRENCE E. MULRYAN, MAYOR DATE ACCEPTED: �/� `i / Q� ATTEST: JE . LEONCINI, CITY CLERK -4-