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HomeMy WebLinkAboutCS Orca Swim Club 2014Department: Community Services Agenda Item No: Meeting Date: March 3, 2014 Prepared by: Debbie Younkin, City Manager Approv-1,-)� &0, Senior Recreation Supervisor SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ORCA SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER AND POOL IN 2014 RECOMMENDATION: Staff recommends that the City Council approve the Resolution authorizing the Mayor to sign an agreement with the Orca Swim Club to conduct club events and swim practices at the Terra Linda Community Center and Pool for the 2014 swim season. BACKGROUND: The Orca Swim Club has utilized the Terra Linda Community Pool since 1962. The swim club has 150-200 members, ages 5-18, who train and compete in the Marin Swim League. 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 competiti ons and clinics. The Club also utilizes the facties in the Terra Linda Community Center for meetings, socials and fundraisers. 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. The proposed schedule and agreement were reviewed and approved by the San Rafael Park and Recreation Commission on February 20, 2014. ANALYSIS: The Club and the City have actively negotiated various terms and conditions t strike a balance between the facility needs of the Club and the community program facility needs. The proposed terms are set forth in the draft agreement attached hereto. I 2014 Agreement changes are minimal. The Club has four home meets this season instead of three and the season will conclude on July 11. Staff recommends the addition of a third lifeguard on duty during swim meets and at the start of the swim season when novice swimmers necessitate additional pool surveillance to ensure safety. The cost of the additional personnel is $17.75 per hour and will be paid by the Club. FOR CITY CLERK ONLY File No.0 .312 Council Meeting: Disposition: 4c;-e"e}-&�qerlAJ 0 a SAN RAFAEL CITY COUNCIL AGENDA REPORT / 1a2e: 2 Morning swim practice hours are adjusted during the summer on Thursdays in order to accommodate a community program starting at 10 a.m. FISCAL IMPACT: The table below reports the revenue for the past two seasons. With the exception of increased fees for additional lifeguard costs, staff recommends fees remain consistent with those of 2013. The Agreement calls for the Club to pay $35.50 per hour for lifeguard services and use of the Terra Linda Community Pool. As per the schedule of use, an additional lifeguard fee of $17.75/hour will be assessed. Chares for use of the Terra Linda Community Center, also as pe gr schedule, are at the Non -Profit Rental Rate of $30-$50 per hour. During March and early April, the Club will pay a portion of the utility costs for the pool in the amount of $945.00. 9 OPTIONS. 1. Approve the 2014 Agreement 2. Reject Agreement and direct staff to renegotiate. ACTION REQUIRED: Recommend the City Council of the City of San Rafael Ap-prove Authorizing the Execution of a 2014 Agreement with Orca Swim Club for Use of the Terra Linda Community Center and Pool on the terms shown in the attached agreement, in a form to be approved by the City Attorney. ATTACHMENTS.0 Resolution Draft 2014 Agreement with the Circa Swim Club RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ORCA SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER AND POOL IN 2014 WHEREAS, the City of San Rafael and the Orca Swim Club ("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 Club wishes to obtain, and City desires to grant, rights to use of the facilities at the Terra Linda Community Center and Pool for the sole purpose of conducting Club practices, activities and competitive swim meets as scheduled in 2014. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves and authorizes the Mayor to sign an Agreement with Orca Swim Club for the use of the Terra Linda Community Center and Terra Linda Community Pool in 2014, in a form to be approved by the City Attorney. 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, March 3, 2014 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Vice -Mayor Connolly CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2014 AGREEMENT WITH ORCA SWIM CLUB THIS AGREEMENT is made and entered into this Lh'k. day of—d 4 keta—, 2014, by and between the City of San Rafael (hereinafter referred to as "CITY") and the Terra Linda Orca Swim Club, a non-profit organization, (hereinafter referred to as ',',CLUB"). RECITALS CITY and CLUB Mutually desire to provide a recreational competitive swim program for the youth of San Rafael. I CITY shall grant the CLUB use of the facilities at the Terra Linda Community Pool (hereinafter referred to as "TLCP") and Terra Linda Community Center (hereinafter referred to as "TLCC") for the sole purpose of conducting CLUB practices, activities and competitive swim meets as scheduled. Now, therefore,, in consideration of mutual promises, covenants and conditions hereinafter contained, the parties agree as follows: The term of this agreement shall be from March 3, 2014 to July 11, 2014. 2. USE. A. TLCP. CITY shall make the TLCP available for CLUB use in 201 1 4 as per the following schedule*: Club Program Dates Hours Daily Practices: 3/3-4/3 (M -F) 5:15pm-8-.45pm (8 lanes) 4/4-6/ 13{M -F) 5:15pm — 7:30pm (7 lanes) 7:30pm — 8:45pm (5 lanes)** 6/16-7/11 {M -F) 5:15pm — 7:00pm (6 lanes) 7:00pm — 7:30pm (8 lanes) 7:30pm — 8:45pm (5 lanes)** 6/16-7/10(T/TH) 8.-45am-10:00am(6 lanes) 6/16 — 7/9 (M/W)* 8:45am —9:50am (6 lanes) Water exercise starts at 10am. Pool will be closed for maintenance Friday mornings. *On weekday evenings jr0m 7.-30-8:30pm, the adult lap swim I m program will have three (3) lanes unless there are seven (7) or more lap swimmers at tiny given time. 11'a seventh lap swimmer arrives, the CLUB a will surrender a lane jbr the public for the necessari, time between 7:30pin and 8:36pin. The CLUB will have six (6) lanes unless there are more than 30 CLUB swimmers. Ij'a 31" CLUB swimmer arrives, the CITY will surrender a lane. Ij*there are 7 or more MY Icip swuniners (117(l 30 or more CLUB swininters at the same time, the parties shall negotiate a mutually agreeable sharing of pool lanes. Club Program Sat. Clinics:, Time Trials: League Home Meets: Season Concludes: Dates Hours 3/15, 3/22, 3/29 4/5 & 4/12 4/26 51107 5/3 17 6/7, 6/14 10:00am-1:00pm (8 lanes) I 1:00am - 2:00pm (3 lanes) 6:30am — I I - 30arit 6:30am -1:30pm 'kin the water by 7:30am) B. TLCC. CITY shall grant the CLUB use of the facilities at the TLCC available for CLUB activities in 2014 as per the following schedule: Club Program Dates Hours Rooms Sign Up Day 2/1 1:30pm —5:00pm 5 Pasta Power Night 5/2 4pm-fpm 2) 374, kitchen 3. CLUB RESPONSIBILITIES. 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, swim lessons, WaterGym and public swim. B. 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. C. CLUB agrees to charge and collect the following registration fees: $375 one swimmer/fam.ily $650 two swimmers/family $775 three or more swimmers/family $50 high school sNVimmer D. 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. E. 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. N I It F. 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. G. 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. Facility and pool rules will be followed by coaches and parents. An Orca representative will be assigned to inspect both locker rooms when practice/meet is complete and all swimmers are finished with the facilities. H. CLUB agrees to supervise and enforce the closure of the tot pool during swim meets. 1. 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. J. CLUB at its sole cost and expense, shall obtain and maintain, during the life of this agreement, insurance in the amount of $1,000,00052,000,000, satisfactory in form to CITY, specifically endorsed to provide that CITY, its officers, employees and agents added shall be named as additional named insureds, 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. K. CLUB shall obtain a one -day permit to sell alcoholic beverages 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. No alcohol is allowed at the TLCP or in the park area. L. 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. M. 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). 4. COACHING STAFF. A. 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. B. All CLUB coaching staff must have current American Red Cross certification in Lifeguard Training that includes Standard First Aid, and Cardiopulmonary Resuscitation for the Professional Rescuer, or its equivalent. C. 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 I shall be notified. Repeat violations will be cause to sever this contract agreement with the CLUB. D. Coaches and/or Assistant Coaches shall have completed registration forms for each CLUB swimmer on site at all CLUB practices and meets at TLCP. 5. CITY RESPONSIBILITIES. A. CITY shall provide TLCP and TLCC facilities on the schedule contained in this agreement. B. CITY shall monitor maintenance of the aquatic facility, and alert CLUB immediately of unclean or unsafe conditions. C. CITY shall provide scheduled lifeguards. D. CITY shall invoice the CLUB by the 15`h of each month. CLUB agrees topay the monthly invoice by the end of the month. 6. PAYMENT. A. Payment of fees. CLUB agrees to reimburse CITY for payment of the following fees: 1) TLCP. CLUB will pay the CITY a fee of $35.50 per hour for two Lifeguards and TLCP use. An additional lifeguard at a charge of $17.75/hour will be required for swim meets and during the beginning of the swim season until the Program Coordinator feels staffing can reduce to two. 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. 2) 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 $25 per hour after Spm, Monday -Thursday, 5pm on Friday and all day Saturday or Sunday. 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. The 2014 Non Profit rental rates are., $48/hr. for one clubroom $60/hr. for two clubrooms $7 Uhr. for three clubrooms $60/flat fee for kitchen use 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 2014 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 2014 swim season. Either party may terminate this agreement by giving the other party sixty (60) days written notice. 11 a 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 Agreement, 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 Circa Swim Club PO Box 6838 San Rafael, CA 94903 WHEREFORE, this Agreement is executed as of the date first set forth above. ATTEST: pis oo. L2,�K.e. . Esther C. Beirne, City Clerk FAR ai iMp� C. Robert F. Epstein it ttorney I By: Bruce eith, President By --4j Vice President CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE, ORBESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 4.e DATE OF MEETING: March 3, 2014 FROM: Debbie Younkin I r ,EPARTMENT: Communit February 11 1 20 1,d TITLE OF DOCUMENT: Resolution of Approval of the 2014 Agreement with the Orcas Swim Club for the Use of the Terra Linda Community Pool ti Department -Head (signature) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) N APPROVED AS TO FORM: City Attorney (signature)