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HomeMy WebLinkAbout1982-03-16; City Council; 6931; Pool Use AgreementCIT I aF CARLSBAD - AGENDA- BILL RB# 6931 MTG. 3/16/82 DEPT. E TITLE: POOL USE AGREEMENT, Between City of DEPT. HDmm CITY ATTY \)m Carlsbad and North Coast Aquatics, Inc. CITY MOR.,= ITEM EXPLANATION: Staff was directed to negotiate a Use Agreement with the competitive swim group to provide: A) A competitive swim program for the community B) A source of revenue during hours of non-use by the City or schools The Use Agreement has been prepared, reviewed and is agreeable to the Department, the City Attorney's office, and North Coast Aquatics, Inc. The swim team use will generate revenue toward the overall operating costs, is comparable or higher than the fees paid to other municipal pools by similar competitive groups, and the fee is based on a minimum guaranteed revenue per month, (see Fiscal Impact) regardless of weather or number of participants. FISCAL IMPACT : The City will receive a minimum of $490 per month ($5,880 annually) for an average use of 18 hours per week, as shown on the attached agreement. Additional revenue will be generated by enrollment of each youngster beyond the 70 minimum, up to a maximum of 120 youth at a rate of $7.00 per month. The maximum revenue, under the proposed Use Agreement, would be $840 per month ($10,080 annually). EXHIBITIS: A. Resolution No. br/& B. Agreement between the City of Carlsbad and North Coast Aquatics, Inc. I 1 2 3 4 5 6 7 8 9 10 11 12 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A USE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NORTH COAST AQUATICS, INC. TO CONDUCT A COMPETITIVE SWIM PRO- GRAM AT THE CARLSBAD COMMUN-ITY SWIM COMPLEX AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. . The City Council' of the City of Carlsbad, California does hereby 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 , 1382, by the following vote, to wit: AYES: Council Wers Packard, Casler, and Lewis ATTEST: UTCRKRA Yg- , City Cler ( SEAL) .. 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, 1982f 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 ET 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 WElEREAS, 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, I-T IS AGREED AS FOLLOWS: 1.. ADMINISTWTION. 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 Corny-lex for the following days and times for the term of this agreement: * From March 17, 1302 to June 16,. 1982 for a total of- twenty .. (20) hours per wdck: Monday through Friday, 3:30 '1 6:30 p.m. Provided 'there is no conflict with othcr schcdulcd use, N.C.A. may request a11 .- I I. - .. * 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, 1982 to September 17, 1982 for a total of fiLctzc1: (15) hours per week: Monday throuqh Friday 6:30 - 9:30 a.m. The Parks and Recreation Director .or his designee reserves the right to change the specific hours oE use to meet the City's needs, change. Notice of such change shall be given two days prior to the 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 Four Hundred and Ninety Dollars ($490.00) per month. additional Szven Dollars ($7.00) per month for each member enrolled over .70 members. The City shall receive an N.C.A. shall submit the name, address, phone number and age of each participant for einergency 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 .OO) per hour. - . 5. DUTIES OF N.C.A. The members of N.C.A. will he responsible for setting up and taking clown all competitive and safety equipment; fernoving and replacing the p001's insulating blankets , . I.. -. - 2- .. .. .. -. *' * opening and locking up the facility; cleaning up'the facility after use; and reporting any injury/negl-igence, damage, theft or mechanical problems immediately to the Aquatic Supervisor. I . 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 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. insured and shall be approved by the City Manager. This insurance The insurance policy shall name th.e City as an additionally 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 thc effective day of such termination. 'Upon termination N.C.A. and a1.1 persons claiming by, through, or under N.C.A. , shall. immediately remove all. their propcrty fi'om the facility. -3- .. 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. N.C.A. shall not commit, or suffer to be committed, any.waste or injury OK any 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. All 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. wiil be responsible for any waste, damage, hr-eakage, 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. 11. EMPLOYEES AND AGENTS. All swiin 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 Liizsaving certif,cate I. .. . and/or current' American Red Cross Water Safety Instructor certificate. . WITHIN'THIRTY (30) DAYS: B. Current American Red Cross First Aid certificate; ., and C. Current Cardio Pulmonary Resuscitation certificate from either the American Red Cross or the Heart Association.. These certificates are to be yeriEied by the Aquatic Supervisor during the first two wccks of initial hire of new -4- 'employees and a copy of certification retained on file by department. In the event that the certificates are not verified during those time periods OK 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-eig'ht (48) hour time period, a fully qualified.1ifeguard must be present on deck at ' all times the ~201 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 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 be, or be .. construed to be, employees and/or aqents~of City. N.C.A. shall provide and shall. maintain in full force.at all t.imes, all worker's compensation insurance required by law in 'connection with such employees and agents. ' 12. COMPLIANCE WITH LAW. N.C.A., at its sole cost and expense, sha1'1 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, penalties, fines or for any damages to the c~oods, . - 5- _. ,. .. - 1. - ti properties or effects of N.C.A. or any of N.C.A.'s representatives, agents, employees, guests, licensees, invitees, patrons or clientele, or OE 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 all cost and expenses, including but not. 'limited to court costs and reasonable attorney's fees, incurred by City on account of any such liabilities. TO effectuate this c1ause;'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 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 or 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 City, naming Cit.y as additionally insured, to protect against the liabilities Inentiohed in Paragraph 14i and for gainages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulti.nq directly or indirectly by or from any act 01: -6- , P 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 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 Million 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. agreement shall terminate, at the option.,of City, upon the effective N.C.A. agrees that this -. date of the cancellation, terminating oq. 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 following addresses: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 CITY: N.C.A. Jeff Pease' 1604 Caminito Asterisco La Jolla, CA 92037 18. ENTIRETY. The entirety 03 the agreement between the .. .. parties is set forth herein. -7- + IN WITNESS WHEREOF, the parties hereto have executed this agreement on themaate first above written. NORTH COAST AQUATICS, INC . .CITY OF CARLSRAD -_ Mayor .. .. ..