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Home My WebLink AboutCC Resolution 11886 (Orca Swim Club 2006)RESOLUTION NO. 11886 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF THE 2006 AGREEMENT WITH ORCA SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER AND POOL THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, Orca Swim Club provides a recreational opportunity for San Rafael youth; and WHEREAS, the Terra Linda Community Center and Pool is the venue for Club activities; and WHEREAS, The City of San Rafael wishes to enter into an Agreement with the Orca Swim Club for the 2006 season, a copy of which is hereby attached and by this reference made a part hereof. The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement between the City of San Rafael and the Orca Swim Club. 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 regular meeting of the City Council of said City held on Monday, the 6`h day of February, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAI' -9 M. LEONCINI, City Clerk CITY OF SAN RAFAEL COMMUNITY SERVICES DEPARTMENT 2006 AGREEMENT WITH ORCA SWIM CLUB This agreement made and entered into this_ 6thday ofFEBRUAlz, 2006, by and between the City of San Rafael (hereinafter referred to as "CITY") and the ORCA Swim Club (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 4, 2006 to July 14, 2006 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 Splash Day: March 4 11:00 am- 2pm Daily Practices: 3/6 — 4/7 (M,T,Th,F) 3:30 pm — 7:30pm (8 lanes) 3/15 — 4/5 (W) 3:30pm — 6:00pm (8 lanes) 6:00pm — 7:30pm (7 lanes) 4/10-6/16 (M/T/Th/F)5:15pm — 7:30pm (8 lanes) 7:30pm — 8:45pm (6 lanes) 4/12-6/14 (W) 5:15pm — 6:00pm (8 lanes) 6:00pm — 7:30pm (7 lanes) 7:30pm — 8:45pm (5 lanes) 6/19 — 7/13 (M/W) 8:00am — 9:00am (4 lanes) 9:00am — 10:00am (6 lanes) 6/19 — 7/13 (T/Th) 8:00am - 10:00am (3 lanes) 6/19-7/14 (M/T/Th/F) 5:15pm — 6:30pm (5 lanes) 6:30pm — 7:30pm (8 lanes) 7:30pm — 8:45pm (6 lanes) 6/21-7/12 (W) 5:15pm — 6:15pm (5 lanes) 6:15pm — 7:30pm (6 lanes) 7:30pm — 8:45pm (5 lanes) ***On weekday evenings from 7:30-8:30pm, the adult lap swim 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 CLUB will surrender a lane for the public for the necessary time between 7: 30pnr and 8: 30pnr. Sat. Clinics: 4/1, 4/9 (Sun.), 4/22, 5/6 Time Trials: 4/29 League Home Meets: 5/13, 5/20, 6/3, 7/8 Parent's Meet & BBQ: 7/8 Season Concludes: July 14, 2006 9:00 am - 11:OOam (6 lanes) 7:00 am—11:OOam 6:30am-12:30pm (in the water by 8am) 5:OOpm — 7:OOpm (pool) D. CITY shall make the Community Center available as per the following schedule: Club Program Dates Splash Day 3/4 New Parent Meeting 2/28 Pasta Power Night 5/12 Parent's Meet and BBQ 7/8 Hours Rooms 10:30am — 2:30pm 2,3,4 7:OOpm—9:OOpm 1,5 5pm-IOpm 2,3,4, kit 5:OOpm-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. 2. TERMS A. CLUB will share the TLCP with various aquatic enrichment programs that will be scheduled for spring and summer. Those programs may include: SCUBA — Wednesdays 6:OOpm-9:OOpm, one lane and all of the "non -lane line" section of the shallow end Mini -triathlons — Saturdays 4/8 & one TBD in summer, 8:OOam-12:OOpm, all lap lanes Shallow water aqua aerobics — Saturdays, 8:30am-9:30am, 4/15 — 5/20, all of shallow end $5 Family Fridays, 6:OOpm-8:30pm, 6/21 — 8/18 WaterGym — Spring: Mondays and Wednesdays, 8:OOam-9:OOam Summer: Tuesdays and Thursdays 8:OOam-9:OOam 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) $275 one swimmer/family b) $450 two swimmers/family c) $150 each more than two swimmers/family d) $49 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 housed at the TLCC office (670 Del Ganado Road) 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. A team parent will be assigned to inspect both locker rooms when practice/meet is complete and all swimmers are finished with the facilities. 7. Before April 10, 2006, the CLUB will be responsible, with lifeguard assistance, to cover the pool each night after practice. A CLUB representative will be responsible for walking the lone lifeguard to their car or mode of transportation and making sure they are safe and secure as they leave the premises. 8. CLUB shall reimburse CITY for lifeguard services for CLUB meets, events, and practices. 9. CLUB agrees to supervise the closure of the tot pool during swim meets. 10. As of 2006 the CLUB has paid in full, to the CITY, the loan of $18,000 for the equipment. Club now owns the equipment listed below. CLUB shall be responsible for proper maintenance, use, storage and replacement of: eight starting platforms, one backstroke pennant, three racing lane floats (25 meter) four stanchion post (backstroke), and two stanchion post (false start). 11. CLUB requests for additional hours of use must be submitted in writing. Hourly TLCP rental fees shall be applied to any additional hours granted for CLUB use. 12. 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, 3 employees ana 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. 13. A one -day permit to sell alcoholic beverages must be obtained from the Alcoholic Beverage Control agency if alcoholic beverages are to be sold at any CLUB event held at the TLCP or TLCC. 14. 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. 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. Lifeguards, water safety instructors and facility staff shall be CITY employees bound by the rules and regulations of CITY. 2. All CLUB coaching staff must have current American Red Cross certification in Safety 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 schedule and charge for one (1) lifeguard during TLCP regular public swim season, team practices, Parents Meet, swim meets, and before TLCP initiates the regular public swim season when the bather load is less than 25. CITY may require additional lifeguard(s) if it is deemed necessary for the health and safety of patrons. 4 4. CITY agrees to schedule and charge for two (2) lifeguards for Splash Day. As well as, before the TLCP initiates the regular public swim season, only during times when the bather load exceeds 25. 5. As of April 10, 2006 CITY shall provide lifeguard services for public swim programs and CLUB practices, meets and activities. 6. CITY agrees to invoice the CLUB on or before the last day of the month. CLUB agrees to pay the monthly invoice by the 15a' of the following 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 $16.00 per hour for 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 $800. 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 a staff attendant fee of $15 per hour after 9pm, Monday - Thursday, 5pm on Friday and all day Saturday or Sunday. iii. The 2006 rental rates are: $30/hr. for one clubroom $40/hr. for two clubrooms $50/hr. for three clubrooms iv. Should the CLUB obtain 501(c)(3) status during the 2006 season, the Non - Profit rates will be charged retroactively. Clubroom five will be available for time trials and meets at no additional charge. B. Lifeguard Services- The CLUB will be responsible for paying $13.50/hour/lifeguard. Lifeguards will be assigned as deemed necessary for the health and safety of swimmers, by CITY. C. CLUB agrees that all expenses directly associated with this team and not recovered in fees collected by the Community Services Department will be paid to the Department at the conclusion of the 2006 swim season. D. 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 2006 swim season. 4. TERMINATION A. Either party may terminate this agreement by giving the other party sixty (60) days written notice. Attest: Jeanne M. Leoncini, City Clerk A L /r Drney City of San Rafael: Alb2ertJ.lBo,yor Orca Swim Club: President Approved as to content: , -Ge-gi-0-sid-e-A-tt 0 r-c,,A- Ken No�dhoff, Interim City ML/ger EvarvL Mee