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HomeMy WebLinkAbout1984-08-07; City Council; 7000-2; Pool Use Agreement Underwater Schools of Americae' ,'. POOL USE AGREEMENT BETWEEN \B# 700 o -*A TITLE JITG. 8/7/84 CITY AND UNDERWATER SCHOOLS IEPT. & OF AMERICA -. - CITY MG R..E CIT: >F CARLSBAD - AGENDA JILL RECOMMENDED ACTION: City Council adopt Resolution No. 76 95 approving an agreement between the City of Carlsbad and Underwater Schools of America, Inc. for use of the Community Swim Complex to conduct an instructional scuba program. ITEM EXPLANATION: The agreement with the Underwater Schools of America has expired and must be renewed. This program will provide an instructional class in scuba and generate revenue for the City. The program will be conducted on Wednesdays from 7 to 9 PM during the school year and from 7:30 to 9:30 PM in the summer. Underwater Schools of America has the option of using the pool for an additional four hours per week at $17/hr. In the past, this has proven to be a very successful activity. to renew the use agreement. FISCAL IMPACT: This year a 6% receive $142 per month in revenue. EXHIBITS : Staff recommends increase has been incorporated into the fees. The City will 1. Resolution No. '76 9s' 2. Agreement between City and Underwater Schools of America. I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. - 7695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE UNDERWATER SCHOOLS OF AMERICA, INC. FOR USE OF THE COMMUNITY SWIM COMPLEX TO CONDUCT AN INSTRUCTIONAL SKIN AND SCUBA DIVING PROGRAM 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 agreement between the City of Carlsbad and the Underwater Schools of America, Inc., to conduct an Instructional Skin and Scuba Diving program at the Carlsbad Community Swim Complex, a copy of which is on file in the City Clerk's Office, and is hereby approved. 2. That the mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carl sbad. PASSED, APPROVED, AND ADOPTED at regular meeting of the City Council of the City of Carlsbad, California, held on the 7th 1984, by the following vote, to wit: day of Y AYES: NOES: None Council &nbers Casler, Lewis, Kulchin, Chick and Prescott ABSENT: None ATTEST: (SEAL) USE AGREEMENT FOR COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND UNDERWATER SCHOOL OF AMERICA, INC. THIS AGREEMENT made and entered into this day of 9 ,1984, by and between the City of Carlsbad, hereinafter referred to as "City", and the Underwater School of America, Inc., hereinafter referred to as "U.S.A." WITNESSETH: WHEREAS, City desires to provide 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 providing an instructional underwater diving program; and WHEREAS, City and U.S.A. 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 City's Aquatic Supervisor (hereinafter referred to as "Supervisor"). 2. DUTIES OF CITY. During the 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. The City shall make available for U.S.A. non-exclusive use of the Carlsbad Community Swim Complex for the following days and times for the term of this agreement: (2) hours per week on Wednesday, 7:OO - 9:OO P.M. from September 16, , 1 - 1984 to 3une 16, 1985, and (2) hours per week on Wednesday, 7:30 - 9:30 P.M. from =lune 18, 1984 to September 15, 1984. Provided there is no conflict with other scheduled use, U.S.A. may request an additional 4 hours per week for an additional fee. The Parks and Recreation Director or his designee is authorized to grant or deny such request. 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. U.S.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, U.S.A. shall pay to the City the minimum sum of one hundred and forty- two dollars ($142) per month. The City shall receive an additional seventeen dollars ($17) per hour for each additional hour of use. - U.S.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. Pool time in excess of that established by the time schedule will be billed on a monthly basis at the commercial rate of fifty dollars ($50.00) per hour. 5. DUTIES OF U.S.A. The members of U.S.A. will be responsible for setting up and taking down all safety equipment; removing and replacing the pool's insulating blankets, opening and 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. -2- 6. REVENUE. All class instruction fees, and other revenue derived from the operation of U.S.A. shall be collected by and belong to U.S.A. 7. TERMINATION. This agreement shall terminate after a one year period. 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 effectivedate 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 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 PREMISES. U.S.A. shall give prompt notice to City of any damage to the pool facilities. U.S.A. shall not commit, or suffer to be committed, any waste or injury or any private or public nuisance on the premises. 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 facilities issued shall be the responsibility 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 person or entity other than U .S.A. -3- 10. EMPLOYEES AND AGENTS. All swim activity supervisors, coaches, assistant coaches and agents of U.S.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. R. Current and active certification as a N.A.S.D.S. instructor. 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. These certificates are to be verified by the Aquatic Supervisor during 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 U.S.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 U.S.A., an individual possessing these certificates shall 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 -4- - 7. - construed to be, employees and/or agents of City. U.S.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. 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, properties 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 deaths of them, or any of them, whether caused by or resulting from any acts or omission of U.S.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. U.S.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. -5- 7 To effectuate this clause, and as an additional requirement 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 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 U.S.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 . 14. INSURANCE. U.S.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 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 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 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 U.S.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. 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 -6- , 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 U.S.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 the other 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: CITY: U.S.A. City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Bob Smethurst 3625 Pontic Drive Carlsbad, CA 92008 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. UNDERWATER SCHOOLS OF AMERICA, INC. CITY OF CARLSBAD --- ~ IR SCHOOLS OF AMERICA ATTEST: aQ;tc, &.QA ALETHA L. RAUTENKRANZ, City CleJk BY: VINCENT F. BIONDO, 3r. City Attorney