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Home My WebLink AboutCarlsbad Unified School District; 2000-09-14; (2)AMENDMENT NO 1 TO EXTEND THE AGREEMENT FOR USE OF THE COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT This Amendment No. 1 is entered into and effective as of the oL^r day of 2QQ_fr_, extending the agreement dated September 14, 2000 (the "Agreement" ) "by and between the City of Carlsbad, a municipal corporation, ("CITY"), and CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, ("DISTRICT") (collectively, the "Parties"). RECITALS A. On September 14, 2000, the Parties executed an Agreement for Use of the Community Swim Complex Between the City of Carlsbad and the Carlsbad Unified School District; and B. The Parties desire to extend the Agreement for a period of three (3) years to end on September 14, 2008; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and DISTRICT agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of three (3) years ending on September 14, 2008. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the DISTRICT pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. City Attorney Approved Version #05.22.01 4. The individuals executing this Amendment and the instalments referenced on behalf of DISTRICT each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. DISTRICT *By: CITY OF CARLSBAD, a municipal corporation of the State of California / / (sign here) Dr. John A. Roach, Superintendent iroach@sdcoe.net City Manager or Mayo (e-mail address) *By: ATTEST: LORRAIN City Clerk (sign here) (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. "Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 .- ’ *- ./ i / ~.’ AGREEMENT FOR USE OF THE COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made this 14th day of W?teer 2000, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as the CITY, and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, hereinafter referred to as the DISTRICT. RECITALS: WHEREAS the DISTRICT desires to provide educational and competitive aquatic programs for its students; and WHEREAS the CITY and the DISTRICT desire to cooperate with each other to provide the entire community with educational, recreational and competitive aquatic programs; and WHEREAS, State of California Education Code, Section 10902 authorizes and empowers school districts and municipalities to cooperate in the organization, promotion and conduct of programs for community recreation; and WHEREAS, the City and the DISTRICT desire to enter into a formal agreement defining the rights and responsibilities of each Party in connection with the use of the Community Swim Complex. NOW, THEREFORE, IN CONSIDERATION OF THESE RECITALS AND THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: I. DEFINITIONS The term “Swim Complex” as used in this agreement shall include the following facilities: the pool, deck areas, rest rooms, shower and dressing rooms, and parking lot. II. ADMINISTRATION The Swim Complex shall be administered, managed, operated and maintained by the CITY. This agreement shall be administered on behalf of the CITY by the Aquatic Supervisor. All matters relating to the DISTRICT’s use of the Swim Complex shall be coordinated by the Aquatic Supervisor. The Aquatic Supervisor shall be under the direction of the Recreation Director and shall be responsible for the day-to-day management of the Swim Complex. a. This agreement shall be administered on behalf of the DISTRICT by the Athletic Director of Carlsbad High School. Ill. USE a. The CITY shall have use of the Swim Complex for any and all purposes and at all times except as otherwise expressly provided in paragraph b and c of this section. b. During those days that Carlsbad High School is in session, the City shall provide the DISTRICT’S students with the use of the Swim Complex as follows: From the beginning of the school year in September through the end of the school year in June: eight (8) lanes from 7:30 a.m. to 9:15 a.m.; ten (10) lanes from 2:45 p.m. to 4:45 p.m. and six (6) lanes from 4:45 to 5:15 p.m. c. The DISTRICT may request to schedule and hold special events such as swimming competitions (meets) and water polo games during the school week, during the term of this agreement. The DISTRICT shall have exclusive use of the pool (lanes one through ten) during special even& upon written request. The specific dates and inclusive times of such special events shall be given to the Aquatic Supervisor by the Athletic Director no later than the first day of the season for each sport (swimming, boys water polo, and girls water polo). Notice of any change in requested special event use shall be given to the Aquatic Supervisor as soon as possible, and no less than seven (7) working days prior to the special event. Failure to submit a special event use request ten days in advance may result in denial of the special event request. d. The Athletic Director shall provide the Aquatic Supervisor with the specific start and end dates of the coming school year no less than forty-five (45) days prior to the first date of requested use. e. Use of the Swim Complex by the DISTRICT during times other than those provided in paragraph b and c of this section, may be obtained by submitting a Public Facility Use Application to the Aquatic Supervisor. The Public Facility Use Application may be approved by the Supervisor if the CITY determines the Swim Complex is available and the use is consistent with CITY programs. f. The DISTRICT has priority use of the Swim Complex during the times provided in paragraph b and c of this section. However, the CITY has the option to schedule CITY activities during time and /or in pool space that the DISTRICT is not utilizing. IV. CONDITIONS OF DISTRICT USE a. During the periods scheduled for DISTRICT use, DISTRICT shall be responsible for administration, direction and supervision of its programs, students and personnel. The DISTRICT shall be responsible for the maintenance of good order and conduct in the use of the Swim Complex. 3 The premises shall be used by the DISTRICT in keeping with the best acceited practices to assure proper standards of conduct, safety, cleanliness and health. The DISTRICT shall be responsible for enforcing the CITY’s adopted rules for the operation and use of the pool. b. The DISTRICT shall provide any educational or competitive training items needed for the DISTRICT’s programs, including but not limited to kickboards, pull buoys, pace clocks, water polo balls, goals and lane lines. These supplies shall be stored separately from CITY property. The CITY may, at its discretion, allow the DISTRICT to place a storage building on the deck area of the Swim Complex. If such storage building is allowed, the DISTRICT shall maintain its aesthetic and structural integrity to conform with the Swim Complex. The DISTRICT shall be solely responsible for security and maintenance of DISTRICT supplies and equipment. c. The DISTRICT may install and maintain at its expense, appurtenant equipment such as instructional aids and competitive items that are peculiar to its needs and uses. If such equipment will involve alteration to the Swim Complex, the installation of such equipment shall be subject to the written approval of the CITY’s Aquatic Supervisor. V. MAINTENANCE a. Except as otherwise specified herein, the CITY shall manage, maintain and operate the Swim Complex and all related CITY owned facilities. It shall be the duty of the CITY to regularly inspect the Swim Complex, to insure that it is maintained in good repair and in safe sanitary condition. The CITY shall provide for trash disposal. b. Pool maintenance may require the Swim Complex to be closed from time to time. The CITY shall make reasonable efforts to schedule maintenance activities during periods when the Swim Complex is not being used by the DISTRICT. The CITY reserves the right to close the Swim Complex at any time it determines necessary for the proper operation, maintenance and repair of the Swim Complex or for any reasons of health and safety. When such scheduled closure is necessary, the DISTRICT shall be given seven (7) working days written notice. c. Except for normal wear and tear or damage caused without fault, or by persons or instruments not under the control or supervision of the agency having the use of the facility at the time, any damage to the Swim Complex shall be the responsibility of the agency using the facility at the time. The DISTRICT shall give written notice to the CITY within one (1) day of any damage to the Swim Complex. The DISTRICT shall not commit, or allow to be committed, any waste or injury or any private or public nuisance on the premises. If damage occurs to the Swim Complex while being used by the DISTRICT, the DISTRICT shall reimburse the CITY for the cost of repairs. VI. PAYMENT a. The DISTRICT shall pay to the CITY a pool rental fee which shall be set by the City Council by resolution after consultation with the DISTRICT’S Business Manager. b. The DISTRICT shall pay the rental fee to the CITY for all scheduled and approved use unless notice of cancellation of specific swim or water polo pracfice use is given to the Aquatic supervisor no less than seven (7) working days in advance. The Athletic Director shall immediately notify the Aquatic Supervisor of any canceled special event use due to unforeseen circumstances. 5 c. When CITY staff labor is required to set-up or take down equipment for a special event or to perform maintenance such as additional cleaning after a special event, the DISTRICT shall pay the CITY for such service according to the fee schedule approved by the CITY Council. d. The CITY shall provide lifeguard service during DISTRICT’s use. The DISTRICT shall pay the CITY for lifeguard service provided during exclusive DISTRICT special event use conducted beyond or outside of regular practice times as specified in paragraph 111.6. of this agreement. The fee for lifeguard service shall be set according to the fee schedule approved by CITY Council resolution. e. The CITY shall send an invoice to the DISTRICT at the end of each month. The invoice shall detail the rental fees and other charges payable to the CITY. The DISTRICT shall pay the CITY the amount due, as shown on the invoice, within ninety (90) days of receipt of the billing invoice. f. Payment for use not included in paragraph 1ll.b. or 1ll.c. of this agreement shall be charged at the standard non-profit pool rental rate as set by CITY Council resolution. VII. HOLD HARMLESS AGREEMENT a. DISTRICT agrees to indemnify and hold harmless the CITY and officers, officials, employees and volunteers from and against claims, damages, losses and expenses including attorneys fees arising out of DISTRICT’s use of the Swim Complex, whether caused by any willful misconduct, or negligent act, or omission of DISTRICT or anyone directly or indirectly employed by the DISTRICT, or anyone whose acts it may be liable. 8 VIII. INSURANCE a. The CITY maintains at its expense a public liability insurance program to protect against the CITY’s liabilities and for damages due to bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of the CITY or any person acting for the CITY or under the CITY’s control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for the CITY or under the CITY’s control or direction. Such program shall be maintained in full force and effect during the entire term of this agreement. b. The DISTRICT agrees to obtain and maintain at its expense public liability insurance to protect against the DISTRICT’s liabilities and for damages due to bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of the DISTRICT or any person acting for the DISTRICT or under the DISTRICT’s control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for the DISTRICT or under the DISTRICT’s control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement. c. The CITY and the DISTRICT shall keep and maintain in full force and effect during the term of this agreement, fire insurance covering the CITY Swim Complex and any personal property therein. 7 IX. DURATION OF CONTRACT This agreement shall extend for a period of five (5) years from date thereof. The Use Agreement may be extended by the CITY Manager for ten (10) additional one (1) year periods or parts thereof, based upon review of the CITY’s needs. The parties shall prepare extensions in writing indicating date and length of the extended contract. X. TERMINATION a. This agreement may be terminated at any time by either party upon ninety (90) days written notice to the other party. b. In the event that the Swim Complex is damaged due to some unforeseen event, to the extent that in the opinion of the CITY it cannot be economically repaired, this agreement may be terminated immediately upon that determination. Xl. REVIEW The City Manager and the District Superintendent, or their appointed representatives, shall meet annually or more often for purposes of reviewing the implementation of this agreement. By mutual agreement, the CITY and the DISTRICT may amend the agreement in writing. XII. ENTIRE AGREEMENT This agreement, together with any other document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provlsion hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. XIII. NOTICE. Any notice or notices required or permitted to be given by this agreement may be personally served on the other party by the part giving such notice, or may be served by 8 certified mail, return receipt requested. Until written notice of change of address is given, mailed notices may be addressed to the parties at the following addresses: CITY: City of Carlsbad Recreation Director 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 DISTRICT : Carlsbad Unified School Disrtict 801 Pine Avenue Carlsbad, CA 92008-2430 IN WITNESS THEREOF, the parties hereto have executed this agreement on the date first above written. Carlsbad Unified School District CITY OF CARLSBAD BY: &lLS CHERYL ERNV, SUPERINTENDENT DATE: DATE: September 14, 2000 December 19, 2000 ATTEST: Janice Brietenfeld, Deputy City Clerk APPROVED AS TO FORM: RONALD R. BALL CINATTORNEY WORDICARL’SIMY DDCS/CHS/AGREEMENT-USE SWIM COMPLEX-COC & CUSD/9/8/00 1:40 PM 9 \\