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HomeMy WebLinkAboutCS ORCAS Agreement 2013SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Orca Swim Club 2011 Season 2012 Season Gross revenue to the City $46286 $48192 City paid coaching staff $31161 $34711 Net paid to the City $15125 $13480 OPTIONS: 1. Approve the 2013 Agreement 2. Reject this agreement and direct staff to renegotiate. ACTION REQUIRED: Approve the Resolution of the City Council of the City of San Rafael Authorizing the Execution of the 2013 Agreement with Orca Swim Club for Use of the Terra Linda Community Center and Pool. Encls; Resolution with 2013 Agreement with the Orca Swim Club RESOLUTION NO. --- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF THE 2013 AGREEMENT WITH ORCA SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER AND POOL WHEREAS, the City and Club mutually desire to provide a recreational competitive swim program for the youth of San Rafael; and WHEREAS, the Club has utilized the Terra Linda Community Pool since 1962 as a volunteer organization promoting youth swimming; and WHEREAS, the City shall grant the Club use of the facilities at the Terra Linda Community Pool, hereinafter referred to as TLCP for the sole purpose of conducting CLUB practices, activities and competitive swim meets as scheduled; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL Authorizes the Execution of the 2013 Agreement with Orca Swim Club for the Use of the Terra Linda Community Center and Pool. The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an Agreement, a copy of which is hereby attached and by this reference made a part hereof. I, Esther C. Beirne, 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 Monday, March 4, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk 4. 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. 5. 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. 6. 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. An Orca representative will be assigned to inspect both locker rooms when practice/meet is complete and all swimmers are finished with the facilities. 7. CLUB agrees to supervise and enforce the closure of the tot pool during swim meets. 8. 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. 9. CLUB at its sole cost and expense, shall obtain and maintain, during the life of this agreement, such liability insurance in the amount of $1,000,000/$2,000,000, satisfactory in form to CITY, and with CITY, its officers, employees and agents added as an additional named insured, 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. 10. A one-day permit to sell alcoholic beverages must be obtained from the Alcoholic Beverage Control agency (ABC) if alcoholic beverages are to be sold at any CLUB event held at the TLCP or TLCC. The ABC considers a donation at the door for food and/or alcohol a requirement for a one-day permit. 11. 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 CLUB, its officers, employees, or agents under the terms of this agreement, excepting only the sole gross negligence or willful misconduct of CITY. 12. 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). C. Coaching Staff 1. 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 3 services of the CLUB Coach and Assistant Coaches; CITY shall retain final approval of selection. 2. All CLUB coaching staff must have current American Red Cross certification in Lifeguard Training, Water Safety Instructor or equivalent, Standard First Aid, and Cardiopulmonary Resuscitation for the Professional Rescuer, or its equivalent. 3. 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 will be cause to sever this contract agreement with the CLUB. 4. Coaches and/or Assistant Coaches shall have completed registration forms for each CLUB swimmer on site at all CLUB practices and meets at TLCP. D. City Responsibilities 1. CITY shall provide TLCP and TLCC facilities on the schedule contained in this agreement. 2. CITY agrees to monitor maintenance of the aquatic facility, and alert CLUB immediately of unclean or unsafe conditions. 3. CITY agrees to provide scheduled lifeguards. 4. CITY agrees to invoice the CLUB by the lSth of each month. CLUB agrees to pay the monthly invoice by the end of the month. 3. PAYMENT A. Payment of fees: CLUB agrees to reimburse CITY for payment of the following fees: i. TLCP -CLUB will pay the CITY a fee of $3S.S0 per hour for Lifeguards and TLCP use. For the month of March and early April, the CLUB will pay a portion of the utility costs for the pool in the amount $94S. ii. TLCC -CLUB wili 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 $20 per hour after 9pm, Monday- Thursday, Spm on Friday and all day Saturday or Sunday. 111. The 2013 Non Profit rental rates are: $48/hr. for one clubroom $60/hr. for two clubrooms $711hr. for three clubrooms IV. The CLUB is a SOl(c)3 with a Tax Identification number of20-8172631. 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. 4 B. CLUB agrees that all expenses directly caused by the team and not recovered in fees collected by the Community Services Department will be paid to the Department at the conclusion of the 2013 swim season. C. CLUB will provide CITY with a proposed annual operating budget for swim season prior to the swim season. Participant fees and fundraising activities as per this agreement will cover the operating costs for the 2013 swim season. 4. TERMINATION Either party may terminate this agreement by giving the other party sixty (60) days written notice. 5. 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: TO CLUB: Community Services Director City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 Terra Linda Orca Swim Club PO Box 6838 San Rafael, CA 94903 CITY OF SAN RAFAEL TERRA LINDA ORCA SWIM CLUB By: ____________ _ By: ____________ _ Gary Phillips, Mayor Bruce Keith, President ATTEST: By: ____________ _ Ester C. Beirne, City Clerk Vice President APPROVED AS TO FORM: Rob Epstein City Attorney 5