The URL can be used to link to this page

Home My WebLink AboutCS Orca Swim Club 2012: Department: Community Services Prepared by: Debbie Younkin, Recreation Supervisor Item # 3°e Fmeeting Date: February 6, 2012 City Manager App SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF THE 2012 AGREEMENT WITH THE ORCA SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER AND POOL. RECOMMENDATION: Staff recommends that the City Council approve the Agreement between the City and the Orca Swim Club to conduct club events and swim practices at the Terra Linda Community Center and Pool for the 2012 swim season. BACKGROUND: The Orca Swim Club has utilized the Terra Linda Community Pool since 1962. The swim club has approximately 200 members each season, ages 5-18, who train and compete in the Marin Swim League. In December of each year, the Community Services staff meets with Club representatives to schedule pool and facility use that strike a balance between Club needs and community access to both facilities. ANALYSIS: The Club utilizes the pool facilities from March through mid July, Monday through Friday, for practices and 8-10 Saturday mornings per year for swim meet competitions and clinics. The Club also utilizes the facilities in the Terra Linda Recreation Center for meetings, socials and fundraisers. In 2011 the Club changed their practice times to a later start time. Although there was a decrease in net revenue received from the Club over the 2010 season, this provided additional time and space for community programming. 2012 Agreement changes are minimal. The Club will continue with the later start time for swim practice. The later start time will allow for the continuation of additional community programming such as weekday swim lessons, pool parties and additional public swim time. The Club has four home meets this season versus three meets in 2011. The 2012 season will start on March 5 and will conclude on July 14. The Parks and Recreation Commission reviewed and approved the agreement on January 19. FISCAL IMPACT: The table below shows the revenue for the past two seasons. Staff recommends the fees remain the same. The Club will pay the City a fee of $35.50 per hour for Lifeguard coverage and TLCP use, and the non-profit rate for hourly use of the Community Center ($48- $71 per hour depending on the space reserved). For the month of March and early April, the Club will pay a portion of the utility costs for the pool in the amount of $945.00. There was a slight decrease in the net revenue from 2010 to 2011 because the team had one less meet and less practice hours. FOR CITY CLERK ONLY File No.: 14, 10 Council Meeting: Disposition: 1 1 RESOLUTION NO. 13292 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF THE 2012 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 2012 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. 1, 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, February 6, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Levine, McCullough, Mayor Phillips NOES: COLFNCILMEMBERS: None ABSENT: COUINCILMEMBERS: Heller ESTHER C. BEIRNE, City Clerk CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2012 AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this- torwday of Fe6. , 2012, by and between the City of San Rafael (hereinafter referred to as "CITY") and the Terra Linda Orca Swim Club, a a non-profit organization, (hereinafter referred to as "CLUB"). 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") for the sole purpose of conducting CLUB practices, activities and competitive swim meets as scheduled. 1. USE A. From March 5 to July 14, 2012 the CLUB will be granted use of the TLCP. B. The parties for and in consideration of mutual promises, covenants and conditions hereinafter contained agree as follows: C. CITY shall make the TLCP available as per the following schedule: Club Program Dates Hours Daily Practices: 3/5-4/6 (M -F) 5:15pm-8:45pm (8 lanes) 4/9-6/8 (M -F) 5:15pm — 7:30pm (7 lanes) 7:30pm — 8:45pm (6 lanes) 6/11-7/13 (M -F) 5:15pm — 7:00pm (6 lanes) 7:00pm — 7:30pm (8 lanes) 7:30pm — 8:45pm (6 lanes) 6/12 — 7/12 (M-TH) 8:45am— 10:00am(6 lanes) ***On weekday evenings from 7:30-8:30pin, the adult lap sivini program will have two (2) lanes unless there are seven (7) or more lap swimmers at any given time. If a seventh lap swimmer arrives, the CLt,-"B will surrender a lane for the public for the necessar ' 1, time between 7:30pm and 8:30pni. The CLUB will have six (6) lanes unless there are more than 30 CLUB swimmers. If a 31'x` CLUB swimmer arrives, the CITY will surrender a lane. If there are 7 or more CITY lap swimmers and 30 or more CL UB swimmers at the same time, we both need to agree to work together to solve the problem. Sat. Clinics: 3/17, 3/24, 3/31, 4/14 Time Trials: 4/21 League Home Meets: 5/12, 5/19, 6/16, 7/7 Season Concludes: July 14, 2012 8:30am - 11:3 )Oam (6 lanes) 6:30am — 11:30am 6:3 Oam - 1: 3 Opm (in the water by 7:30am) D. CITY shall make the Community Center available as per the following schedule: Club Program Dates Hours Rooms Sign Up Day 1/28 1:30pm —5:00pm 2,3,4 Pasta Power Night 5/4 4pm-9pm 2,3, kit Awards Night 9/8 4:00pm-10:00pm 2,3,4, kit E. CITY shall grant the CLUB use of the facilities at the Terra Linda Community Center, (hereinafter referred to as "TLCC") for the sole purpose of conducting CLUB activities as scheduled. 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, -WaterGyrn Spring and Summer: Mondays and Wednesdays, 10:00am-1 1:00am -Public Swim ending at 6:00pm in the Spring and 6:30prn in the Summer. -Scheduled private swim lessons B. Club Responsibilities 1. 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. 2. CLUB agrees to charge and collect the following registration fees: a) $375 one swimmer/family b) $650 two swimmers/family c) $775 three or more swimmers; family d) $50 high school swimmer 3. 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. 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). 3 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 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 15th 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 $35.54 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 $945. ii. 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 $20 per hour after Spm, Monday - Thursday, 5pm on Friday and all day Saturday or Sunday. iii. The 2012 Non Profit rental rates are: $48/hr. for one clubroom $60/hr. for two clubrooms 4 $71/hr. for three clubrooms iv. 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. 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 2012 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 2012 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: Community Services Director City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CLUB: Terra Linda Orea Swim Club PO Box 6838 San Rafael, CA 94903 CITY OF SAN 4FAEL TERRA LINDA ORCA SWIM CLUB By: B �. B y v �� Gary hi ips, Mayr Brian J McDaniel, President ATTEST: Ester C. Beirne, City Clerk A ROV TO FORMT: Rob Epstein City Attorney 9 By. Bruce faith. Vice President 0 0 0 CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO.' DATE OF MEETING: February 6, 2012 FROM: Debbie Younkin DEPARTMENT: Community Services DATE: January 27, 2012 TITLE OF DOCUMENT: Resolution of Approval of the 2012 Agreement with the Orcas Swim Club for the Use of the Terra Linda Community Pool RECEIVED .4 C,—;e JAN 3 12012 Department Head (signature) I TY ATTO R N EY (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: ) 4 / lil /"/ F ) City Manager �signa are) F.*T#TkiT—AKM APPROVED AS TO FORM: L City Attorney (s/ig,4nh,*rat�---