HomeMy WebLinkAbout1982-09-07; City Council; 6931-1; Pool Use Agreement--
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MTG. 9/7/82
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CIT'b 3F CARLSBAD - AGENDA 3ILL
TITLE POOL USE AGREEMENT, Between City of Carlsbad DEPT. HD.
and North Coast Aquatics, Inc.
RECOMMENDED ACTION:
approving a Use Agreement between F City Council adopt Resolution No.
the City of Carlsbad and North Coas Aquatics, Inc. , to conduct a competitive
swim program at the Carlsbad Community Swim Complex.
ITEM EXPLANATION:
North Coast Aquatics, Inc. has conducted competitive swimming for 6 months at
the Swim Complex and the existing Use Agreement expires September 17, 1982.
Staff recommends North Coast Aquatics, Inc. be allowed to continue their use
of the pool for an additional 6 months period. The proposed Use Agreement is
identical to the existing Agreement except for the following changes:
Item 3 (page 1) USE OF FACILITY. "From September 8, 1982 to February 28,
1983. 'I
(page 2)". . . during the period ending February 28, 1983."
Item 8 (page 3) TERMINATION. "This agreement shall terminate on
February 28, 1983. I'
F - L IMPACT:
The City received $3,339 for 6 months rental by North Coast Aquatics, Inc. A report is attached showing the enrollment and fees paid to the City.
The new Use Agreement will generate a minimum of $490 per month or $2,940 in 6 months.
EXH I B ITS :
A. Resolution No. 7'006
B. Agreement between the City of Carlsbad and North Coast Aquatics, Inc.
C. North Coast Aquatics Program Summary, March - August, 1982
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RESOLUTION NO. 7006
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 PROGRAM AT THE CARLSBAD COMMUNITY 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 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
7thday of 1982, by the following vote, to wit:
AY E S :
NOES : None
ABSENT: None
Council Wers Casler , hAs, Kulchh, Chick and Anear
MARY H. LtASLER , Mayor
ATTEST:
RLETHA L. RAUTENKRANZ, City Clerk ~4-
TUIS AGJ:l;.l?NENT made and entered into this 8th day of
Scptember, 1982, by and bctween the City of Carlsbad, hereinafter
referred to as "C'ty", and the €Tort11 Const: hqunti.cs, Tnc., hcreinaftcr
referred to as "N.C.A."
W I T N E S S IC T €1:
WIIEREAS, City desires to provide aquatic and physical
progi-ams for the general public, to include a United States S'trinuing
cornpet itive swim prograin; and
\i'IIDRE:/\,S, W.C.A. was iortned for the spccific : ask of proviciillg
an instructional underwater diving program; and
WEISRCAS Cjty and N.C.A. desires to coopcratc with each other
to allow use of City pool hy those partLes intcrested in ::kin and
scuba di-ving;
1?051, TIIEREFORF: , 'IT 1 S ACREED AS P'OJ,LOIJS :
1. ADPIIN1 STRATTON. This agrecmcnt shall be admini si crcd on -.-
behalf of the City of the City's Aquatic Supervisor (hereinaEtt?r
referred to a:; "Supervisor").
2. IflVTES OF CITY. Duri.ng the term of this agreement, City
~hn1.l provide l4.C.A. a pool faciljty for the purpose of conducti.ng (I
competitivc' IJ.S,S. program.
3. USE OF I:ACSJ-,I'i'Y. Thc City shall make available for
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N.C.A. noncxcl.uslve use of thc C:irlnbad Community Swim Complex for L!i?
From Scpt-c:l;ibcr 8, 1.982 to Pclrruary 28, 1963 for n total of
February 25, 1983. The Parks h Recreation Director or his designee is
authorized to grant or deny such request'.
The Parks and Rcc~:eat ion Director or his designee resc1-v~~
the ri.ght to change the specific hours of use to mect the City's
needs. Notice of such change shall be gi\Ten at least t:xo days prior
to the change.
N.C.A. will use the fticility only during times specified,
unless prior written approval is given by the Aquatic Supervisor.
4. ' PAYMENT FOR CITY SERVICES. 1x1 considerat;-on for use of
pi- ---*-.-- ..-.~- ----
City's facj.1 ities and services during the tcrm of this agi:ec.rnent,
N.C.A. shnl.1 pay to the City the rriinimuin :;uni o€ four huiidrcd axid
Ninety dol ?.ai-s ($490.00) per mouth. The City shall receive an
additional seven dollars ($7.00) per month for each 1nei:iber enrolled
over 70 mcmbers.
of each pnrticipant for emergency 2nd account ilig purposes,
N.C.A. shnl.1. submit the paymcnt calculsted according to
Pnrzgrapli 1; and hcurfy use reports no lntcr thaii the 15th day of er;ch
mouth following [:he rnonth reported.
Pool time in excess of that establ~.sl~ed by the t.iinie scliedule
will be billed on a montlily banis at the stnnclr?rd rate of Forty
dollars ($40.00) per 1iour.
DUTIES OF N.C.A. 'i'he nicnibcrs of N.C.A. t~il.1 be 5 *! --lll.-I_.---
!
responsible for sctting up 2nd tnkj.11l: down all. coinpetj.tive and snfety
equi.pmctil-; reciovi.ng and repl..tcing thc pool's iiisulntine blanket:; .r
6. SJ”f.:CI!LL EVI1NTS. N.C.A. may schcdulc and hold special ”----... --
events including swim competitions and exhibitions during the term of
this agreenicAnt upon the prior written approval of the Parks and
Recreation Director. A request to hold R special event shall be
submi.tted iii k71-iting no lnter than two weeks prior to thc: event:. ‘i’ltc
Parks and Recreation Director shall cons111t with tlie Police Chi.ef an(!
Fire Chief prio to appi-oving pcrsonol injury and property dai:InZe
inrurzncc. in an amount of not less Lhan $1,000,00@.00 covering the
event, ?’he insurance policy shall name the City as an additionally
insured and shall be ,approvrd by the City Manager. This insurance
policy shall be in addition to the insuraance poli.cy spccificd in
J’aragrapli 16. N.C.A. may chci-ge admi.r,sion for t:hc special event.
N,C.h. shall reimburse the City for any costs i.ncurrcd by the City
because of the special. event. This paragraph shal.1 not ?.pply to
sl~ecial events sponsored and conducted by the City.
7. REVERUI-:. Kxcept .as stated in Porzgraph G, a1.L adnii.ssion
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fees, dues and other ‘revenue derived €Tori: the operation of h’.C.h.
shall. be collected by and bel-ong Lo N.C.A.
7. TE121.11NATIOTN. This agreement shall tcrmlriate on ---__-_-.-.
February 28, 1983. City or R.C.A. may terin,iiiate tlii.s agreeinent at
any time by giving writLen notice t.o the other of such termination
and specifying the effective date thereof at least thirty days before
the effective day of such termination. Upon terminstion N.C.A. and
all persons, ‘claiming by, throiigh, or under N.C.A. , shall i.mnedi.ately
rcmovc all thcir property from the facility.
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8. Al,'i'EJ?~L'!~IONS. No nlterntions of any kind ~1~~1.1 be made or
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done to the premises unless prior wi-it~cn approval has been secured
from City.
9. WASTE -- CARE OF PREMTSES. E1.C.A. shall gj.17~ pron:pt II-.-_---p-----.--I.- -.-
notice to City of any damage to the pool faci1.jtj.c~. N.C.A. shall.
not commity or suffer to be cornmi.tted, any waste or injury or any
private or yubl'c: nuisance on he ~~rcniseo, When repai-r is requii-ea,
the City shall perforin the work and chargc the cost to repair srich
damage, i.ncluding -materinls 'acd labor, to N.C.A. All keys to
fac.i.1 it5.c~ issued shall be thc. responsibility of N.C.A. aiid shall not
be dup1.icat:ed or l.oai2ed and, if lost, aI.1 locks shall be immediately
replaced at N.C.h.'s expense. N.C.A. will be rc:sponsj..b1.e for any
waste, dc;mnge, breakage, theft or loss occuririg from thc heginning of
N.C.A.'s peri.od of iise until the next official period of use by a
person or entity other Chan N.C.A.
10. ~??$PLOTL;:S AND hG1:wrs. -- A11 swim activity supervisors, _CI-._--- --
coaches, assistant- coaches and agents of N.C.A. shall be cxperienccd
and competent, and sIia11 be licensed to incl-udc:
PRIOR TO 'iJORRING :
A. American Red Cross Advanced 1,i €esaving ccrtifi,cat:e
and/or current Ainci:ican 1:cd Cross t?ater Safety 3.iisti-uctor
!
,a C. Current Aineri-can Ked Cross First Aid cerci-ficate;
and
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lhese certificates are to be verifi-ed by the Aquatic
Supervisor during the firbt two weeks of initial hire of new
employccs, and a copy of crrtification retained on file by depari:ment
III the event that the ccrtif icate:: are not verified during t;hosc
timc periods or they are not current or the cinployccs do not have
them, the City will p;i.vr. forty-eight (48) liour written notice to tlie
repreccntati.ve of 1T.C.A. At the end of 1:he forty-ei.ght (48) hour
time period, a fully qualified lifcguarcl rnust bc present on deck at
311 times the pool. is utilized with the non-certizicnted person on
'd'eck, including r;iorning ~~rorkoutrs. At all tiinc:s, the facilities arc
in use by N.C.A., an i.ndividual possessing these certificates shall
be on deck supervisi-ng. /ill such individuals and ngents shall be
agents of N.C.A. only and shall not in any instance be, or he
construed to he, et~ployecs and/or agents of Ci.iy. N.C.A. slia11.
providc: and shall maint8in in full force at 21.1 times, all. ~~orker's
compensation insur:ance reqL1ire.d by law in conncction with such
empl.oyr.ies and agents:
11. COlfiPZ,IXI.:C.E TJTTH LAW. N.C.A., at its sole cost 2nd
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expense, shall calnply with and obzerve, and secure compli.ancc and
observ:jtion with, all. requirexents of all Iqiunicipal, Cou:-ity, State or
Fedcrnl ordinances, codes I statutes or regulations now in force or
which may hereinafter be in force pertaining to the pool or to tlic
opcrat ion conducted thcrcou.
1 2 I. I AS S I C: EA I3 1 I, T Ti' Y . N.C.A. slinll not assign its rights or -I_-.-
duticas under thls agrccmcnt or any interest in the same. Individuals
Encilitics dui-i.ny, the of exclusive ui;c by M.C.A.
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cinployces shall not be, ~io~ be held liable for any claims,
liabilities, penaltieci, fines or for any damages to the goods,
yroperti.cs or effect:^ of 1q.C.A. or any of N.C.R.'s representati.vcs,
agents, employees, guests, licensees, invirecs, patrons or clientel,e,
or of any ot11c.1: persons whatsoever, or for personal. injuries to, or
deaths of tlielil, or any of them, whethcr caused by or resulting from
aiiy acts or orai.ssicii of N.C.A. in or about the pool, or by or from any
act: of oinicsion of any pcrso'n or by or fron any defect in aiiy part of
the prcwises or froin 'any other C~USC or reason whatsoever N.C.A.
further agrees 1.0 hold and save free and hnrml.ees, the City and its
aut:hori.zcd egents, officers, and cnpl.oyees against a.ny of the
foregoing l.iabi.lities, and to pay any and all cost and expenses,
including but: not limited to court costs and reasonable cttornay's
fees, incurred by City on account of any such 1iahi.liti.ee.
To cf fectualre t:hj.'s c.l'nuse, and as an additional requireitlent
and not to relieve N:C.A. of the obligations imposed hereunder, on or
before tllc effective date of this rigrecment, 19.C.h. shall dclivcr to
City 2 certificate of bodily injury and property clamage including
theft or vandalisin, liability insurance j-ssued by a coixpany licciised
to transact such business in the Stake of Cnlifosnia, reciting that
U. S.A. has the liability insurance as rcqui.red in Paragraph 15 below,
and that the pol icy has endorsed or otherwise coverg thc contractual
liability imposed by this agreement.
14. 1NSURAINCE. N.C.A. of:rccs to take out and maintain at I-- -
its own cxpcnsc piih1i.c li.ah;.lity insurance with an insurclncc cni-ricr
sntisfnctoi-y Lo City, iiauing City a:: additionally insured, to protect
ac-count of bodily in jury, incl.ur!i.ng death resulting tlierefrom,
suffered or alleged to he suffered by any. person or persons
whatsoever resulting c1i.rectly or indirectly by or from any act or
acti.vLti.es of N.C.A. or any person actj.ng for M.C.A. under N.C.h.'s
control or direction, and also to protect against loss from 1ir;biI.it:y
for dairlages to or theft or vandalism of any propert37 of any person
caused directly or indirectly by or from acts or activi-ties oL: any
person acting for .U.S.A. 01- under N.C.A.'s control or direction.
'such insurance shall. be niaintaiiied in full force and effect during
the entire Cerm of this agreement in an amount of not less than One
tfillioii ~oilars ($~,OO~,O@O.OO), cornl>j.ned single li.mit:, for each
occurrence.
A copy of said cci-ti-ficatc of insurance shall be scut to tllc
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 cancc.llat.i.on, terminating or &uspension of any or ,211 of
the insurance po1ici.e:; 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. MOTI.CEe Any notice or noti.ces reclui.red or pcrniittccl to --.----
be. given this ligreement: may be persoually served on thc other party
by the party giving SUC?-~ notice, or may be served by certified mail,
return receipt requested. Until written notice or change of address
is given, maj.lcd notices may be addrcssed to the partics at thc
Eo 1 I ow i ng a ddr c s s e s :
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CITY:
N.C.A.
City of Carlsbad
1200 Elm Avenue
Cat-lsbad, Ch 92003
Jeff Pease
1604 Caminito Asl.e~-isco
La Jolla, CA 92037
16. ENTIRETY. The entirety of the agreement between tlie --,--.-
parties is set forth herein.
IN WITNESS I.I1IEREOI', the partics hereto have executed this
agreeincnt: 011 the date first above written.
NOlZTII COAST AQUATICS, INC. CITY OF CARLSDhD
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IMORANDUM ., .
. TO: Frank Aleshire, City Manager
FROiVl:
DATE: August 30, 1982
SUBJECT: NORTH COAST AQUATICS, March - August 1982
Lynn Chase, Acting Parks and Recreation Director
The North Coast Aquatics competitive swim program has been conducted at the
Swim Complex for 6 months, beginning March 18, 1982 through August 18, 1982.
The program has been judged to be an excellent program and of benefit to the
City of Carlsbad for the following reasons:
1. The program is conducted as a revenue generating program, at no cost
to the City. During the first 6 months, N.C.A. paid to the City $3,339.
2. N.C.A. enrolled an average of 80 swimmers per month, of which 20% were residents of the City of Carlsbad and the majority of swimmers residing in the North County cities. Enrollment figures show a slight decline in swimmers for July and August, which is normal and due to family vacations. N.C .A. plans a Fall registri tion campaign.
3. N.C.A. was given a Use Agreement for non-exclusive use and for up to
20 hours per week and both considerations were advantageous to the
City. programs and N.C.A. actual use was less hours than scheduled for use. The program was conducted without conflict with department
4. Aquatic staff reports good feedback from the general public regarding the competitive program and the two swim coaches, Jeff Pease and Eddie
Yasana.
5. N.C.A. competed in the San Diego Long Course Junior Olympic Championships,
a 4 day meet held in San Diego, and the team finished in third place bringing new recognition to the Carlsbad Community Swim Complex and the
City.
4,677 users during the 6 months and the revenue generated exceeded that which would have been paid in daily admissions.
6. The swim team participation increased the use of the Swim Complex by
MONTH ENROLLMENT MONTHLY ATTENDANCE RENTAL PAID
March, 1982 77 1,239 $539
Apri 1 85 745 595
M aY 81 904 567
June 83 777 581
July 76 696 532
August 75
6 Mo. Totals: 477
316
4,677
525
$3,339
t
16,721
18,446
November 16 - June 30, '82
182 days, 1170 hours use
$25,164
$27,937 July and August, '82
$71,857
$23,581
62 days, 712 hours use
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$46,693 35%
-0- 118 %
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CARLSBAD COMMUNITY SWIM COMPLEX
TEN MONTHS SUMMARY
NOVEMBER '81 - AUGUST '82
Sel f - Sustain. Attendance Revenue Expenditures City Cost %
Ten Months Totals:
35,167 $53,101 $95,438 $46,693 56%
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CARLSBAD COMMUNITY SWIM COMPLEX
TEN MONTHS EXPENDITURE SUMMARY
November '81 - August ' 82
PERSONNEL
Regular Salary
Part-Time Salary
MAINTENANCE & OPERATION
Utilities
Professional Services
Speci a1 Suppl ies
Miscellaneous Accounts
$24,472
. 26,310
'$50,782
22,343
7,228
13,530
1,555
$44,656
$50 , 782
$44,656