HomeMy WebLinkAbout1982-03-16; City Council; Resolution 6812i -e
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A RES JT 0
RESOLUTION NO. 6812
I OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A USE AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND THE NORTH COAST AQUATICS,
GRAM AT THE CARLSBAD COMMUNITY SWIM COMPLEX AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
INC. TO CONDUCT A COMPETITIVE SWIM PRO-
The City Council of the City of Carlsbad, California does
iereby resolve as follows:
1. That certain agreements between the City of Carlsbad and
the North Coast Aquatics, Inc. to conduct a competitive swim
program at the Carlsbad Community Swim Complex, a copy of which
is attached hereto marked "Exhibit A" and made a part hereof is
approved.
2. That the mayor of the City of Carlsbad is hereby author-
ized and directed to create said agreement for an on behalf of
the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at regular meeting of the
City Council of the City of Carlsbad, California, held on the
16th day of March , 1982, by the following vote, to wit:
AYES:
NOES Council Member Anear
ABSENT: Council Mer Kuldhin
Council Meahers Packard, Casler, and Lewis
ATTEST :
( SEAL 1
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AGREEMENT FOR SWIMMING POOL BETWEEN
THE CITY OF CARLSBAD
AND
NORTH COAST AQUATICS, INC.
THIS AGREEMENT made and entered into this 17th day of March,
1982, by and between the City of Carlsbad, hereinafter referred to as
"City", and the North Coast Aquatics, Inc. ,- herei,nafter referred to
as 'IN. C . A. It
W' I T N E S S E T H:
WHEREAS, City desires to provide aquatic and physical
programs for the general public, to include a United States Swimming
competitive swim program: and
WHEREAS, N.C.A. was formed for the specific task of .. ..
providing a competitive U.S.S. program: and
WHEREAS, City and N.C.A. desires to cooperate with each
other to allow use of City pool by those parties interested in
competitive TJ - S S . swimming :
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.. ADMINISTRATION. This agreement shall be administered on
behalf of the City of the City's Aquatic Supervisor (hereinafter
referred to as "Supervisor").
2. DUTIES OF CITY. During the term of this agreement, City
shall provide N.C.A. a pool facili.ty for the purpose of conducting a
competitive U.S.S. program.
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3. USE OF FACILITY. .- The City shall make available for
N.C.A. non-exclusive use of the- Carlsbad. Community. Swim Compiex for
the following days and times for the term of this agreement:
. From Marc11 17, 1982 to June 16,. 1982 for a total of twenty
(20) hours per week: Monday through Friday, 3:30 6:30 p.m. Provided
there is no conflict with other schedule'd use, N.C.A. may request an
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additional 5 hours per week during the period ending June 16, 1982.
The Parks & Recreation Director or his designee is authorized to
grant or deny such request.
From June 17, 1952 to September 17, 1982 for a total of
fifteen (15) hours per week: Monday through Friday 6:30 - 9:30 a.m.
The Parks and Recreation Director or his designee reserves
the right to change the specific hours of use to meet the City's
needs. Notice of such change shall be given two days prior to the
change .
N.C.A. will use the facility only during times specified,
unless prior written approval is given by the Aquatic Supervisor.
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4. PAYMENT FOR CITY SERVICES. In consideration for use of
City's facilities and services during the'term of this agreement,
N.C,A. shall pay to the City the minimum sum of Four Hundred and
Ninety Dollars ($490.00) per month. The City shall receive an
additional Seven Dollars ($7.00) per month for each member enrolled
over 70 members.
N.C.A. shall submit the name, address, phone number and age
of each participant for emergency and accounting purposes.
N.C.A. shall submit the payment calculated according to
Paragraph 4 and attendance and hourly use reports no later than the
15th day of each month following the month reported.
Pool time in excess of that established by the time schedule
will be billed on a monthly basis at the standard rate of Forty
Dollars ($40.00) per hour. -
. 5. DUTIES OF N.C.A. The members of N.C.A. will be
responsible for setting up and taking down all competitive and safety
equipment; removing and replacing the pool's insulating blankets,
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opening and locking up the facility; cleaning up'the facility after
use: and reporting any injury/negligence, damage, theft or mechanical
problems immediately to the Aquatic Supervisor.
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6. SPECIAL EVENTS. N.C.A. may schedule and hold special
events including swim competitions and exhibitions during the term of
this agreement upon the prior written approval of the Parks and
Recreation Director. A request to hold a special event shall be
submitted in writing no later than two weeks prior to the event. The
Parks and Recreation Director shall 'consul-t with the Police Chief and
Fire Chief prior to approving the event.. N.C.A. shall be responsible
for obtaining additional personal injury and property damage
insurance in an amount of not less than $1,000,00@.00 covering the
event. The insurance policy shall name th.e City as an additionally
insured and. shall be approved by the City Manager. This insurance
policy shall be in addition to the insurance policy specified in
Paragraph 16. N.C.A. may charge admission for the special event.
N.C.A. shall reimburse the City for any costs incurred by the City
because of the special event. This paragraph shall not apply to
special events sponsored and conducted by the City.
7. REVENUE, Except as stated in Paragraph 6, all admission
fees, dues and other revenue derived from the operation of N.C.A.
shall be collected by and belong to N.C.A.
8. TERMINATION. This agreement shall terminate on
September 17, 1982., City or N.C.A. may terminate this agreement at
any time by giving written notice to the other of such termination
and specifying the effective date thereof at least thirty days before
the effective day of such termination. 'Upon termination N.C.A. and
all persons claiming by, through, or under N.C.A., shall immediately
remove a11 their property from the facility.
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9. ALTERATIONS. No alterations of any .kind shall be made or
done to the premises unless prior written approval has been secured
from City.
10. WASTE - CARE OF PREMISES. N.C.A. shall give prompt
notice to City of any damage to'the pool facilities.
not commit , or suffer to be committed, any waste or
N0C .Ao shall
injury or
private or public nuisance on the premises.
the City shall perform the work and charge the cost to repair such
When repair is required,
damage, including materials and labor, to N.C.A.
facilities issued shall he the responsibility of N.C.A. and shall not
be duplicated or loaned and, if lost, all locks shall be immediately
replaced at N.C.A.'s expense.
waste, damage, breakage, theft or loss occuring from the beginning of
N.C.A.'s period of use until the next official period of use by a
All keys to
. N.C.A. will be responsible for any
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person or entity other than N.C.A.
11. EMPLOYEES AND AGENTS. All swim activity supervisors,
coaches, assistant coaches and agents of N.C.A. shall be experienced
and competent and shall be licensed to include:
PRIOR TO WORKING:
A. American Red Cross Advanced Lifesaving certificate
. and/or current American Red Cross Water Safety Instructor
certificate.
WITHIN THIRTY (30) DAYS:
B. Current American Red Cross First Aid certificate;
from either the American Red Cross or the Heart Association.
These certificates are to be v,erified.by the Aquatic
Supervisor during the first two weeks of initial hire of new
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In the event that the certificates are not verified during those
time periods or they are not current or the employees do not have
them, the City will give forty-eight (48) hour written notice to the
representative of M.C.A. At the end of the forty-eight (48) hour
time period, a fully qualified.lifeguard must be present on deck at
all times the 5301 is utilized with the.non-certificated person on
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deck, including morning workouts. At all times, the facilities are
in use by N.C.A., an individual pos'sessing these certificates shall
be on deck supervising. All such individuals and agents shall be
agents of N,C.A. .only and shall not in any instance he; OK be
construed to be, employees and/or agents of City. N.C.A. shall
provide and shall maintain in full force. at all times, all worker's
compensation insurance required by law in'connection with such
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employees and agents.
12. COMPLIANCE WITH LAW. N.C.A., at its sole cost and
expense, shall comply with and observe, and secure compliance and
observation with, all requirements of all Municipal, County, State or
Federal ordinances, codes, statutes or regulations now in force or
which may hereinafter be in force pertaining to the pool or to the
. operation conducted thereon,
13. ASSIGNABILITY, N.C.A. shall not assign its rights or
duties under this agreement or any interest in the same. Individuals
who are not registqred members of N.C.A. shall be prohibited use of
facilities during the time'of exclusive use by N.C.A. -
14. HOLD AND SAVE HARMLESS. City, its agents, officers and
employees shall not be, nor be held liable for any claims,
liabilities,.penal.ties; fines or for any damages to the goods,
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properties or effects of N.C.A. or any of N.C.A.'s representatives,
agents, employees, guests, licensees, invitees, patrons or clientele,
or of any other persons whatsoever, or for personal injuries to, or
deaths of them, or any of them, whether caused by or resulting from
any acts or omission of N.C.A. in or about the pool, or by or from
any act of omission of any person or by or from any defect in any
part of the'predses or from any other cause or reason whatsoever.
N.C.A. further agrees to hold and save free and harmless, the City
and its authorized agents, officers', and employees against any of the
foregoing liabilities, and to pay any and a11 cost and expenses,
including bat not. limited to court costs and reasonable attorney's
fees, incurred by City on account of any such liabilities.
To effectuate this clause, 'and .as an additional requirement '
and not to relieve W.C.A. of the obligations imposed hereunder, on or
before the effective date of this agreement, N.C.A. shall deliver to
City a certificate of bodily injury and property damage including
theft or vandalism, liability insurance issued by a company licensed
to transact such business in the State of California, reciting that
N.C.A. has the liability insurance as required in Paragraph 15 below,
and that the policy has endorsed OK otherwise covers the contractual
' liability imposed ,by this agreement.
15. INSURANCE. N.C.A, agrees to take out and maintain at
its own expense public liability insurance with an insurance carrier
satisfactory to Citry, naming City as additionally insured, to protect
against the liabilities Inentioned in Paragraph 14, and for damages on
account of bodily injury, including death resulting therefrom,
suffered or alleged to be suffered by any person or persons
whatsoever resulting dire,ctly or indirectly by or from any act or
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activities of W.C.A. or any person acting for N.C.A. under N.C.A.'s
control or direction, and also to protect against loss from liability
for damages to or theft or vandalism of any property of any person
caused directly or indirectly by or .from acts or activities of any
person acting €or N.C.A. or under N.C.A.*s control or direction.
Such insurance shall be maintained in full force and effect during
the entire term of this agreement in an amount of not less than One
Nillion Dollars ($1,000,000.00), combined single limit, for each
occurrence.
A copy of said certificate of insurance shall be sent to the
office of the Purchasing Office of City. N.C.A. agrees that this
agreement shall terminate, at the optionLof City, upon the effective
date of the cancellation, terminating or suspens'ion of any or all of ..
' the insurance policies heretofore mentioned, unless before such
effective date N.C.A. has acquired other insurance, which, in
determination of City, adequately replaces the cancelled insurance.
16. NOTICE. Any notice or notices required or permitted to
be given this agreement may be personally served on the other party
by the party giving such notice, or may be served by. certified mail,
return receipt requested. TJntil written notice or change of address
is given, mailed notices may be addressed to the parties at the
f ol lowing addresses :
CITY:
N.C.A.
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Jeff Pease.
1604 Caminito Asterisco
La Jolla, CA 92037
18. ENTXRETY. The entirety 0-f the agreement between the
.. parties is set forth herein.
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b. IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the-aate first above written.
NORTH COAST AQUATICS, INC. CITY OF CARLSBAD
r' Mayor
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