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HomeMy WebLinkAbout1987-10-27; City Council; 6931-4; Agreement for use of Community Swim Complex0 u 0 w a a, .rl U c LL > C a a 2 a 4 \e#= ATG. 10 / 27 / 8 7 IEPT. P&R v rn P 2 u a, U u a, TITLE: AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN CITY AND NORTH COAST AQUATICS, INC. .. z 0 I 4 4 2 0 z 3 0 0 b co I h C-l 0 6 r ,/' I @ i" (?j&*. '2 CIT- OF CARLSBAD - AGENU- BILL CITY ATTY RECOMMENDED ACTION: City Council adopt Resolution No. 92 7 0 approving an agreement between the City of Carlsbad and North Coast Aquatics, Inc. for use of the Community Swim Complex to conduct a competitive swim program. ITEM EXPLANATION: North Coast Aquatics, Inc. has been conducting the competitive swim program at the Swim Complex since March, 1982. The existing agreement with North Coast Aquatics has expired. In order to continue providing the community with a year round competitive swim program, the attached agreement must be renewed. Changes to the previous agreement include an increase of $20.00 to the monthly fee. The hours of use per week remain at 15, however their amount of space availability has been reduced in order to accomodate increased use from both City and School District programs. The Risk Manager has reviewed the use application and is in agreement that the insurance requirements have been met. FISCAL IMPACT: The minimim monthly fee will be increased to $570.00 per month resulting in a projected annual revenue of $6,840.00. Funds will be deposited into Account #001-810-0000-8842 (Pool - Recreation Swim). EXHIBITS: 1. Resolution No. 9270 2. Agreement between City and North Coast Aquatics 3 i 5 4 C t r 1 E 5 1C 11 12 1: 14 15 le 17 le 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 9270 A RESOLUTION OF THE CITY COUNCIL OF THE TY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NORTH COAST AQUATICS, INC., FOR USE OF THE COMMUNITY SWIM COMPLEX TO CONDUCT A COMPETITIVE SWIM 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 North Coast Aquatics, Inc., to conduct a competitive swim program at the Carlsbad Community Swim Complex, a copy of which is on file in the City Clerk’s Office, 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 Carlsbad. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3rd day of November , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None 4BSENT: None 1TTEST: [SEAL) AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS, INC. THIS AGREEMENT made and entered into this of , 1987, by and between the City of Carlsbad, hereinafter referred to as tlCity'', and the North Coast Aquatics, Inc., hereinafter referred to as "N.C.A." WITNESSETH: WHEREAS, City desires to provide aquatic and physical programs for the general public, to include a United States Swimminq competitive swim program; and WHEREAS, N.C.A. was formed for the specific task of providino a competitve swimmina program; and WHEREAS, 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, 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 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 Complex for 15 hours per week during the days and times shown on Exhibit A for the term of this agreement. 3 Provided there is no conflict with other scheduled use, N.C.A. may request an additional 5 hours per week at no additional charge. The Parks & 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. 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 Five Hundred and Seventy dollars ($570) per month. N.C.A. shall submit the name, address, phone number and age of each participant for emergency and accountinq purposes. N.C.A. shall submit the payment calculated accordinq to Paragraph 4 and hourly use reports no later than the 15th day of each month following the month reported. Additional pool time requested in excess of the established 20 hours per week time schedule will be billed on a monthly basis at the commercial rate of thirty-seven dollars and fifty cents ($37.50) per hour. 5. DUTIES OF N.C.A. The members of N.C.A. will be responsible for setting up and taking down all competitive and safety equipment; removing and replacing the pool's insulating blankets, -L- Y 4 - opening and locking up the facility; cleaning up the facility after use; and reporting any injury, damaqe, theft or mechanical problems immediately to the Aquatic Supervisor. 6. SPECIAL EVENTS. N.C.A. may schedule and hold special events including swim competitions and exhibitions durinq 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 Risk Manager prior to approving personal injury and property damage insurance in an amount of not less than $1 million covering the event. The insurance policy shall show the name and address of the City as additionally insured and shall be approved by the City Manager. This insurance policy shall be in addition to the insurance policy specified in Paraqraph 14. N.C.A. may charqe 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 paraqraph shall not aDply to special events sponsored and conducted by the City. 7. REVENUE. Except as stated in Paraqraph 4, 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 after a one year period. 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 the effective day of such termination. Upon termination N.C.A. and all persons claiming by, through, or under N.C.A. , shall immediately remove all their property from the facility. -3- _.- 5 9. ALTERATIONS. No alterations of kind shall be made or done to the premises unless prior written approval has been secured from City. IO. WASTE CARE OF PREMISES. N.C.A. shall aive 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 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 damaqe, 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. will be responsible for any waste, damage, breakage, theft or loss occuring from the beginninq 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 swim activity supervisors, coaches, assistant coaches and agents of N.C.A. shall be experienced and competent and shall provide a copy of the following certificates PRIOR TO WORKING to include: A. American Red Cross Advanced Lifesaving certificate and/or current American Red Cross Water Safety Instructor certificate. C. Current American Red Cross Standard First Aid certificate; and D. Current Cardio Pulmonary Resuscitation certificate from either the American Red Cross or the Heart Association. -4- At all times the Swim Complex is in use by N.C.A., an individual possessing 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 times, all worker's compensation insurance reauired by law in connection with such employees and aqents. 12. COMPLIANCE WITH LAW. N.C.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. 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 registered 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 goods, properties or effects of N.C.A. or any of N.C.A.'s representatives, aaents, 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 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 -5- the premises 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 clause, 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 aareement, N.C.A. shall deliver to City a certificate of bodily injury and property damage includinq 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 aqreement. 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 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 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 -6- 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 durinq 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 Purchasinq Office of City. N.C.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 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. Until written notice or chanqe 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 NORTH COAST AQUATICS 3eff Pease 1604 Caminito Asterisco La 3o11a, CA 92037 17. ENTIRETY. The entirety of the agreement between the parties is set forth herein. -7- I I IY WITVESS THEREOF, the parties hereto have executed this agreement on the date first above written. NORTH COAST AQUATICS, INC. CITY OF CARLSBAD BY: NORTH COAST AQUATICS Date: ATTEST: 1. RfaL ALETHA L. RAUTENKRANZ, City \Clerk BY: / /'.,;',, ~ , , r' i, /- CLAUDE LEWIS, Mayor Date: v City Attorney AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS, INC. EXHIBIT A Between September 1, 1987 and 3une 17, 1988: Monday through Friday, from 3:30 p.m. to 6:30 p.m. Between June 20, 1988 and August 31, 1988: Monday through Friday, from 6:30 a.m. to 9:3O a.m.