HomeMy WebLinkAbout1982-05-11; City Council; 7000; Pool Use AgreementLB#X TITLE
IT& 5/11/82
IEPT. p R
Pool Use Agreement Between City of
Carlsbad and Underwater Schools of
America
RECOMMENDED ACTION:
City Council adopt Resolution No. &,f,5,7 approving a Use Agreement between the City of Carlsbad and Underwater Schools of America, Inc.
to conduct a SCUBA instruction program at the Carlsbad Community Swim
Complex.
DEPT- HD- A~S * CITY MOR.
ITEM EXPLANATION:
Staff proposes to enter into an agreement with a SCUBA diving shop
to provide:
1. An instructional program in SCUBA diving.
2. A source of revenue during hours of non-use by the City.
The Use Agreement has been prepared, reviewed and is agreeable to the
Department, the City Attorney’s office and the Underwater Schools of
America, Inc.
The program will be conducted beginning May 12 - November 10, 1982 on
Wednesdays, from 7:OO to 9:00 p.m. for six months.
FISCAL IMPACT:
The City will receive a minimum of $128 per month ($1,536 annually) for two hours use per week, as shown on the attached agreement.
EXHIBITS:
A. Resolution No. hgh7
B. Agreement Between the City of Carlsbad and Underwater Schools of
America, Inc.
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RESOLUTION .NO. 6867
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A USE AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND THE UNDERWATER SCHOOLS OF
AMERICA, INC. TO CONDUCT AN INSTRUCT-
IONAL SKIN AND SCUBA DIVING PROGRAM AT
THE CARLSBAD COMMUNITY SWIM COMPLEX
AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMEITT.
The city council of the city of Carlsbad, California does
hereby resolve as follows:
1. That certain agreements between the City of Carlsbad 2nd
the Underwater Schools of America, Inc. to conduct an Instructknal
Skin and Scuba Diving program at the Carlsbad Commilnity Swim Cc-?-
lex, 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 autkzr-
ized and directed to create said agreement for and on behalf cf
the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at regular meeting of the CLty
Council of the City of Carlsbad, California, held on the
Il&day of mY , 1982, by the following vote, to wit:
AYES :
NOES: None
ABSENT: Council Menher Packard
Council Meuhers Casler, Anear, Lewis and Kulchin
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ATTEST:
MARY H . CIASLER, Vice-Mayor
ALETHA L, RAUTENKIIANZ, City Cdrk
(SEAL)
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USE AGREEMENT FOR SWIM COMPLEX BETWEEN
THE CITY OF CARLSBAU
UNDERWATER SCHOOL OF AMERICA, INC.
AND
THIS.AGREEMENT made and entered into this '12th day of May,
1982, by and b-etwcen the City of Carlsbad, hereinafter referred to BS
"City", and the 3nderwater School of America, Inc. , hereinafter
referred to as ltU.S,A.'l .
W I T N E,S S E.T H:
WHEREAS, City desires to pr0vid.e aquatic and physical
programs for the general public, to include a skin and scuba diving
instructional program; and
WHEREAS, U.S.A. was formed for the, specific task of proviSiag
an instructional .. underwater diving program; and.
WHEREAS, City and.U.S.h. desires to cooperate with each other
to allow use of City pool by those parties interested in skin and
scuba diving;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:'
1. ADMINISTRATION. This agreement shall be administered on
behalf of the City of the C2ty's Aquatic Supervisor (hereinafter
referred to as "Supervisor").
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2. DUTIES OF CITY. During th'e term of this agreement, City
shall provide U.S.A. a pool facility for the purpose of conducting an
instructional underwater diving program;
3. USE OF FACILITY. I_ The City shall make available for
non-exclusive use of'the Carlsbad Communit'y Swim Complex for U.S.A.
the following days and times for the term of this agreement:
From May 12, 1982 to November.10, 1982 for a total of two
(2) hours per week: Wednesday, 7:OO - 9:OO p.m. Provided there is
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no conf1,ict with other scheduled use,. U.S.A. may request an
additional 4,'hours per week for an additional fee. The Parks ,and
Recreation D.irector or his
such request.
designee is :authorized to grant or deny
The P-arks and Recreation Direcior or his designee reserves
the right to chrnge the specific hours. of use to meet the City's
needs. Notice of such ch-ange shall be given at least two days prior
to the change.. 8
6 U.S.A. will use the facility only during times specified,
unless prior written approval is given 6y the Aquatic Supervisor.
4. PAYMENT FOR CITY SERVICES. In consideration for use of
City's facilities and services durin'g the term of this agreement,
U,S,A.
twenty-eight doliars ($128 .OO) per month.
'additional sixteen dollars ($16.0.0). per hour. for each additional hour
of u s.e .
sh$ll pay to the City the minimum sum of one hundred and ..
The City shall receive an
. U.S.A. shall submit the payment calculated according to ..
Paragraph 4 and hourly use reports no laker than the 15th day of
each month following the month reported. - .- Pool time in excess of that .as.tablished by the time schedule
will be billed .on a m-o'nthly basis at th'e commercial rate of fifty
dollars ($50.00) per hour..
5. DUTIES OF U.S.A. The memb.ers of U.S.A. will be
responsible fo'r setting up and taking down all safety equipment;
removing and replacing the pool's insulating blankets, ~pening and
'and locking up the facility; cleaning .. up the facility after use;
. and reporting any ~*jury/negligenc.~; 'damage, theft or mechani.ca1
problems immediately to the Aquatic Supervisor.
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6. REVENUE. All class instruction fees, and other revenue
derived from the operati.on of U.S.A. shall be collected by and belong
, to U.S.A.
L 7. TERMT.kATION. This agreement shall terminate on
November 10, 1982. City or U.S.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 U.S.A. and
all persons claiming by, through, or under U.S.A., shall immediately
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remove all their property from the facility.
8, ALTERATIONS. No alterations of any kind shall be made or -
done to the premises unless prior written approval has been secured .-
.* from City.' .. ..
9. WASTE - CARE OF PR-EMTSES. U.S,A. sli'all give prompt
notice to City of any damage.to the.poo1 facilities. U.S.A. sh.all
not commit, or suffer to.be committed, any waste or injury or any
private or public nuisance on t.he p,remises.. .I When. repair is required, ..
the City shall perform the work and charge the cost to repair such
.damage, including materials and labor, to U.S.A. All keys to
faciliti.es 'issued shall be the resp.onsibility of U.S.A. and shall not
be duplicated or loaned and, if lost, all locks shall be immediately
replaced at U.S.A.'s expense. U.S.A. will be responsible for any
waste, damage, breakage, theft or loss occuring from the beginning of
U.S.A.'s period of use until the next official period of use by a
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person or entity other than U.S.A.
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10. EMPLOYEES AND AGENTS.' All swim activity supervis~rs,
coaches, assistant coaches and.. agents .of U.S.A. shall be experienztd
and competent and shall be licensed to inc'lude:
I. .
PRIOR TO WORKING:
A. American Red Cross Advanced Lifesaving certif icszc
andfor current American Red Cross Water Safety Instructor
cer t if icat e.
B. Current and active certification as a K.A.S.D.5.
instructor.
WITHIN THIRTY (30) DAYS:
G. pCurreiit American Red Cross First Aid cerzificati;
and .
I). Current Cardio .Pulmonary Resuscit2Jion czrtif icz:s
from either the American Red' Cross or the Heart' Associatio2.
These certificates are to be verified by the Aquaric
.. Supervisor during the first two weeks of initial hire of new
employees and a copy of certification retained on file by 2eparrmE-z.
I'n the event that the certificates are not verified during those
time 'periods or they ,ire not current or t'he employees do not hzTe
them, the City will give forty-eight (48) hour written notice to tL3
representative of U.S.A. At the end of the forty-'eight (4s) hour
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time period, a fully qualified lifeguard must be.'present on deck ET
all times the pool is utilized with the non-certificated person 01:
deck, including morning workouts. At all times, the facilities art
in use by U.S.A., an individual possessing these certificates ahal:
be on deck supervising. All such individuals and'agents shall be
agents of U.S.A. only and shall not in any instance be, or be
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construed to be, employees and/or agents of City. 1J.S.A. shall .
. provide and shall Inainta'in in full force at all times, all wcrker's
compensation insurance required by law in connection with such
employees and agents.
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11. 'COMPLIANCE WITH LAW. U.S.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.
12. ASSIGNABILITY. U.S.A. shall not assign its rights or
duties under this agreement or any interest in the same.
13. 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 goods,
proper,ties or effects of .U.'S.A. or any of U.S.A.'s representatives,
agents, employees, guests, licensees, invitees, .. patrons or clientele,
or of any other persons whatsoever,. or for personal injuries to, or
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' deaths of them, or an,y of them, whether caused by or resulting from
any acts or omission of U.S.A. in or bbout the pool, or by or frou:
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.
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U.S.A. further agrees to hold and save free and harmless, the City
and its authori.zed 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 af' any such liabilities.
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To effectuste this clause, 'and as an a.dditiona1 requirernext
' and not to relieve U.S.A. of the obligations imposed hereunder, on or
before the effective date of this agreement, U.S.A. shall deliver to
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City a certificate oE bodily injury and property damage including
"theft or vandalism, Liability insurance ,issued by a company licensid
to transact such busi.ncss in the State of California, reciting thzt
. U.S.A. has the liability insurance as re'quired in Paragraph 15 be127,
a.nd that the policy has endorsed .or otherwise covers the contractuil
liability imposed by this agreemeht.
14, INSURANCE. U.S.A. agrees to take out and malntain E:
its own expense public liability insurance with an insurance carri?r
satisfactory to City, naming City as additionally insured, to piotzct
against the liabilities mentioned in Paragraph 14, and for damages on
account of bodily injury, including death resulting therefrom,
suffered or alleged to be suffere.d by any person or persons
whatsoever resulting directly or indirectly by or from any act or
activities of U.S.A. or any person acting for U.S.A. under U.S.A.'s
control or direction, and also to protect against loss Tron liability
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for damages to or the'ft or vandalism of any property of any person
saused directly or indirectIy by or f-rom acts or activities of any
person acting for U.S.A. or under U.S.A.'s control or direction.
Such insurance shall be maintained in full force and effect during
the cntire term of this agreement in an amount of not less than Oce
Hillion Dollars ($1,000,000.00), combined single limit, for each
occurrence.
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A copy of said certificate of insurance 'shall be sent to the
office of the Purchasing Office of- City'. U.S.A. agrees that this
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agreement shall terminate,
date ,of' the cancellation,
the insurance policies heretofore mentioned, unless before such
effective date U.S.A. has acquired other insurance, which, in
at the option of City, upon the effective
terminating or suspension of any or all of
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-.. determination'.of City, 'adequately replaces the cancelled insurance.
15. 'NOTICE. Any notice or notices required or permitted :a '
be given this agreement may be personally'served on the other party
by the party giving such notice, or may be served by certified nail,
return receipt requested. Until britten notice or change of address
is given, mailed notices may be addressed to the parties
f ol lowing addresses:
at the
CITY: City of Carlsbad
1200 Elm Avenue
Carlsbad, CA ' 92008
U.S.A. Bob Smethurst
3625 Pontic Dr.ive
Carlshad, CA 92008
16. ENTIRETY. The entirety of the agreement between the
parties is set forth herein.
IN WITNESS WHEREOF, the par'tiks 'hereto have executed-this
agreement on the da'te,, first above written.
c .. . ... UNDERWATER SCHOOLS OF AMERICA, INC. ' CLTY OF CARLSBAD
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