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HomeMy WebLinkAbout1983-06-21; City Council; Resolution 72451 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NORTH COAST AQUATICS, INC. FOR USE OF THE COMMUNITY SWIM COMPLEX TO CONDUCT A COMPETITIVE SWIM PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, The City Council of the City of Carlsbad, California does hereby resolve as fol lows: 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 authorized and directed to create said agreement for and 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 21st day of June , 7983, by the following vote, to wit: AYES: Council Hankers Casler, Lewis, Kulchb, Chick and Prescott NOES : None ABSENT: None I MARY CASLP, Mayor ATTEST ; (SEAL) AGREEMENT FOR USE OF COMMUNITY SWIMMING POOL BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS, INC. - - .* of THIS AGREEMENT made and entered into this , 1983, by and between the City of Carlsbad, hereinafter referred to as "City", and the North Coast Aquatics, Inc., hereinafter referred to as "N.C.A." W I T N E S S E T H: r WHEREAS, City desires to provide aquatid 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 an instructional underwater diving 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 U.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 facility for the purpose of'conducting a competitive U.S.S. program. 3. USE OF FACILITY. The City shall make available for N.C.A. non-exclusive use of the Carlsbad Community Swim Complex for the following days and times for the term of this agreement: (20) hours-per week: Monday through Friday, 3:30 - 6:30 p.m. Provided there is no conflict with other scheduled use, N.C.A. may 3 o request an additional 5 hours per week during the period ending June 17, 1983 and- beginning again on September 19. The Parks '& Recreation Director or his designee is authorized to grant or deny such request. From June 18, 1983 to September 18, 1983 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 at least 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. 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 Five Hundred and Fifteen dollars ($515) per month. The City shall receive an additional Seven.dollars ($7) 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 hourly use reports no later than the 15th day of each month following the month reported. s 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) 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, -2- 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. *- 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 consult with the Police Chief and Fire Chief prior to approving personal.injury and property damage insurance in an amount of not less than $1,000,000.00 covering the event. The insurance policy shall name the City as an additionally insured and shall be approved by the City Manager. This insurance policy shall be in addition to the insuraance 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. 7. TERMINATION. This agreement shall terminate after a one year period. any time by giving written notice to the other of such termination and specifying the effective date thereof at least thirty days before City or N.C.A. may terminate this agreement at the effective day of such termination. Upon termination N.C.A. and all persons claiming by, through, or unber N.C.A., shall immediately remove all their property from the facility. -3- 8. ALTERATIONS. No alterations of any kind shall be made or done to the $remises unless prior written approval has been secured from City. 9. 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 injury or any N.C.A. shall private or public nuisance on the premises. the City shall perform the work and charge the cost to repair such damage, including materials and labor, to N.C.A.. Ali keys to facilities issued shall be 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. N.C.A. will be responsible for any 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 person or entity other than N.C.A. When repair is required, 10. 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. 8 WITHIN THIRTY (30) DAYS: C. Current American Red Cross First Aid certificate; and D. Current Cardio Pulmonary Resuscitation certificate from either the American Red Cross or the Heart Association. - -4- + 6 .. 0 0 These certificates are to be verified by the Aquatic Supervisor daring the first two weeks of initial hire of new employees and a copy of certification retained on file by department. 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 N.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 pool is utilized with the non-certificated person on deck, including morning workouts. At all times, the facilities are in use by N.C.A., an individual possessing 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 be, or 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 employees and agents. 11. 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 pooJ or to the operation conducted thereon. 12. ASSIGNABILITY. N.C.A. shall not assign its rights or duties under this agreement or any interest in the same. Individuals who are not registered members of N.C.A. shall be prohibited use of facilities during the bime of exclusive yse by N.C.A. -5- 7 13. HOLD AND SAVE HARMLESS. City, its agents, officers and employees sh'all not be, nor be held liable for any claims, - liabilities, penalties, fines or for any damages to the goods, properties or effects of N.C.A. or any of N.C.A. Is* 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 premises 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 all cost and expenses, . including but not limited to court costs and reasoiable attorney's fees, incurred by City on account af'any such liabilities. To effectuate this clause, and as an additional requirement and not to relieve N.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 i'n the State of California, reciting that U.S.A. has the liability insurance as rqquired in Paragraph 15 below, and that the policy has endorsed or otherwise covers the contractual liability imposed by this agreement. 14. INSURANCE. N.C.A. agrees to-take out and maintain at its own expense public liability insurance with an insurance carrier satisfactory to City, naming City as additionally insured, to protect -6- 0 e against the liabilities mentioned 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 directly or indirectly by or from any act or activities of N.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 for U.S.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 Million Dollars ($1 ,OOO,OOO.OO), combined single limit, for each occurrence. .I A copy of said certificate of insurance sh'all be sent to the office of the Purchasing Office of City. N.C.A. agrees that this agreement shall terminate, at the option of City, upon the effective date of the cancellation, terminating or suspension 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. 15. NOTICE. Any notice or notices required or permitted to be given this agreement may be personally served on thesother party by the party giving such notice, or may be served by certified mail, return receipt requested. Until written notice or change of address is given, mailed notices may be addressed to the parties at the following addresses: . -7- CITY: City of Carlsbad 1200 Elm Avenue . Carlsbad, CA 92008 - .. N.C.A. Jeff Pease 1604 Caminito Asterisco La Jolla, CA 92037 16. ENTIRETY. The entirety of the agreement between the . parties is set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. NORTH COAST AQUATICS, INC. CITY OF CARLSBAD BY : BY : MARY H. CASLER, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk - 8- .