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HomeMy WebLinkAbout1986-10-07; City Council; 7000-3; Agreement for use of Community Swim Complex-. ,B# 7oao-*3 ITG. 10/7/86 1EPT.P & R R TITLE: AGREEMENT FOR USE OF COMMUNITY SWIM DEPT* COMPLEX BETWEEN CITY AND UNDERWATER C~TYATP( CITY MGR.~ SCHOOLS OF AMERICA, INC. RECOMMENDED ACTION: City Council adopt Resolution No. approving an agree- ment between the City of Carlsbad and Underwater Schools of America, Inc. for use of the Community Swim Complex to conduct scuba instruction. ITEM EXPLANATION: The prior agreement with Underwater Schools of America, Inc. has expired. the community with scuba diving instruction at the Swim complex. The agreement must be renewed to continue providing The agreement will allow an instructional scuba diving program to be conducted during evenings, when its impact upon other programs will be minimized or non-existent. The scuba program has been conducted by Underwater Schools of America, Inc. at the Swim complex since the first use agreement was approved in 1982. FISCAL IMPACT: The use agreement has been revised to include a 4% the monthly fee paid to the City, from $142 per month to $150 per month. Expected revenue in a one year period equals $1,800. increase in EXHIBITS : 1. Resolution No. Sgas". 2. Agreement for Use of Community Swim Complex between the City of Carlsbad and Underwater Schools of America, Inc. 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 8825 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 behal 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 7th day of October , 1986, by the following vote, towit: AYES: Council Members Casler, Lewis, Chick and Pettine NOES : None ABSENT : Council Member Kulchin ATTEST : ALETHA L. RAU-TENKRANZ, City ClFk (SEAL) AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSRAD AND UNDERWATER SCHOOLS OF AMERICA, INC. - .- THIS AGREEMENT made and entered into this @a day ofd? , 1986, by and between the City of Carlsbad, hereinafter referred to as rtCity", and the Underwater Schools of America, Inc., hereinafter referred to as "U.S.A." W I T N E S S E T H: 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 by the City's Aquatic 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 i ns tr uct io nal underwater diving program ; 3. USE OF FACILITY. The City s ha1 1 make available for U.S.A. non-exclusive use of the Carlsbad Community Swim Complex for 2 hours per week during the days and times shown on Exhibit A for the term of this agreement. 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 requegf-. 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 F>OR 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 fifty- dollars ($150) per month. The City shall receive an additional eighteen dollars and seventy-five cents ($18.75) per hour for each of the first additional four hours of use. Pool time in excess of six hours per week will be billed on a monthly basis at the commercial rate of thirty seven dollars and fifty cents ($37.50) per hour. 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. 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 locking up the facility; cleaning up the facility after use; and reporting any injury, 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. a 7. TERMIfixTION. 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 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 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 scuba instructors and assistants shall be experienced and competent and shall provide a copy of the following certifications PRIOR TO INSTRUCTING AT THE SWIM COMPLEX: .. .- a) Current and active certification as a National Association of Scuba Diving Schools Instructor; b) current certificate in American Red Cross Advanced Lifesaving or Water Safety Instructor; c) Standard First Aid; d) Cardio-Pulmonary Resuscitation; and e) Scuba Instructor's liability insurance naming the City of Carlsbad additionally insured. At all times, the Swim Complex is in use by U.S.A., an individual possessing these certificates shall be at the facility. All such individuals and agents shall be agents of U.S.A. only and shall not in any instance be, or be 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. -4- 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. 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 14 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 - 5- satisfactory to City, naming City as additionally insured, and showing City's address as 1200 Elm Avenue, Carlsbad, CA 92008 to protect against the liabilities mentioned in Paragraph 13, and for damages on account of bodily fn-jury, 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), combined single limit, for each occurrence . A copy of said certificate of insurance shall be sent to the office of the Risk Manager of City. U.S.A. agrees that this 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 by this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, -6- , .. -:.. .. i..;. i . i . .. . 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: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 U.S.A. Bob Srnethurst 3625 Pontic Drive Carlsbad, CA 92008 16. ENTIRETY. The entirety of the agreement between the parties is set forth herein. IN WITNESS THEREOF, the parties hereto have executed this agreement on the date first above written. UNDERWATER SCHOOLS OF AMERICA, INC. CITY OF CARLSBAD By:% J &&/ MARY H. CASLER, Mayor - Date: ATTEST: - ALETHA L. RAUTENK-KlerE - 7- AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AN D UNDERWATER SCHOOL OF AMERICA, INC. EXHIBIT A .. *- Between September I, 1986 and 3une 12, 1987: Wednesdays, from 7:OO p.m. to 9:00 p.m. Between 3une 13, 1987 and August 31, 1987: Wednesdays, from 7:30 p.m. to 9:30 p.m.