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HomeMy WebLinkAbout1987-11-03; City Council; 9201; Use Agreement between City and N. Coast MastersRB#*- MTG. 11/03/87 DEPT.P & R RECOMMENDED ACTION: TITLE: USE AGREEMENT BETWEEN CITY AND NORTH COAST MASTERS City Council adopt Resolution No. 9273 approving agreement between the City of Carlsbad and North Coast Masters for use of the Community Swim Complex to conduct competitive swimming special events. ITEM EXPLANATION In accordance with the standards prescribed by United States Masters Swimming Inc., the objective of North Coast Masters is to promote and develop swimming for the benefit of swimmers of all abilities over the age of 19. North Coast Masters has requested use of the Carlsbad Community Swim Complex to organize and conduct swim meets for adults. The amount of use per year to conduct these special events will be minimal. existing programs. The Aquatic Supervisor anticipates no conflict with The Risk Manager has reviewed the use application and is in agreement that North Coast Masters insurance requirements have been met. FISCAL IMPACT The anticipated use of 20 hours per year will generate $300.00 annually. Funds will be deposited into account #001-810-000-8842 (Pool-Recreation Swim) . EXHIBITS 1. Resolution No.-. 2. Agreement for use of Community Swim Complex between the City of Carlsbad and North Coast Masters. 3 2 7 4 C * E 'i € S 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSRAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NORTH COAST MASTERS, FOR USE OF THE COMMUNITY SWIM COMPLEX TO CONDUCT COMPETITIVE SWIM EVENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Carlsbad, California, does hereby resolve a: follows : 1. That certain agreement between the City of Carlsbad and the North Coasi Masters, to conduct competitive swim events 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 thc City of Carlsbad, California, held on the 3rd day of November , 1987, b! the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None [A>[/,& 'C? CLAUDE A. LkWIS, Mayor ATTEST : A/Q& ALETHA L. RAUTENKRANZ, City Clerk/ ( SEAL ) t AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSRAD AND NORTH COAST MASTERS THIS AGREEMENT made and entered into this of , 1987, by and between the City of Carlsbad, hereinafter referred to as "Cityf1, and the North Coast Masters, hereinafter referred to as "N.C.M." 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 United States Masters competitive swim events; and WHEREAS, N.C.M. was formed for the specific task of providing competitve swimming events; and WHEREAS, City and N.C.M. desires to cooperate with each other to allow use of City pool by those parties interested in competitive U.S.M. 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. N.C.M. a events. 3. DUTIES OF CITY. During the term of this agreement, City shall provide pool facility for the purpose of conducting competitive U.S.M.S. USE OF FACILITY. The City shall make available for N.C.M. non- exclusive use of the Carlsbad Community Swim Complex for 20 hours per year. specific hours and dates requested shall be submitted to the Aquatic Supervisor no less than two weeks in advance. The Aquatic Supervisor is authorized to grant or deny such request. The The City will provide safety equipment, pay telephone service, and available tables, chairs, clip boards, start qun, lap counters and other equipment and supplies as requested to conduct swim meets or special events. Provided there is no conflict with other scheduled use, N.C.M. may request an additional eight (8) hours per year. N.C.M. 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.M. shall pay to the City the minimum sum of Fifteen Dollars ($15) per hour for use of the Swim Complex. In addition, N.C.M. shall pay to the City Fifteen dollars ($15) for each change over of the pool from meter to yard configuration - or yard to meter. This will include changing lane lines and backstroke flags and installationfdeinstallation of starting blocks. pool configuration is not changed, City, N.C.M. shall pay to City Seven Dollars ($7) per hour per lifeguard. There will be no charge if the If lifeguard service is provided by the N.C.M. shall submit the payment calculated according to Paragraph 4 and hourly use reports no later than the 10th day following the event reported. Additional pool time requested in excess of the established 28 hours per year 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.M. The members of N.C.M. will be responsible for setting up and taking down tables and chairs; providing non-emergency first-aid supplies; cleaning up the facility after use; and reporting any injury, damage, theft or mechanical problems immediately to the Aquatic Supervisor. 6. SPECIAL EVENTS. N.C.M. may schedule and hold special events includinq swim competitions and exhibitions during the term of this agreement upon the prior written approval of the Parks and Recreation Director or his designated representative. 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 -2- shall consult with the Risk Manaqer prior to approvinq 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 Manaqer. N.C.M. may charge admission for the special event. N.C.M. shall reimburse the City for any costs incurred by the City because of the special event. This paragraph shall not apply to special events sponsored and conducted by the City. 7. REVENUE. Except as stated in Paragraph 4, all admission fees, dues and other revenue derived from the operation of N.C.M. shall be collected by and belong to N.C.M. 8. TERMINATION. This agreement shall terminate after a one year period. City or N.C.M. 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.M. and all persons claiming by, through, or under N.C.M., shall immediately remove all their property from the facility. 9. ALTERATIONS. No alterations of any 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.M. shall give prompt notice to City of any damage to the pool facilities. N.C.M. 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 N.C.M. All keys to facilities issued shall be the responsibility of N.C.M. and shall not be duplicated or loaned and, if lost, all locks shall be immediately replaced at N.C.M.'s expense. N.C.M. will be responsible for any waste, damage, breakage, -3- theft or loss occurinq from the beginning of N.C.M.'s period of use until the next official period of use by a person or entity other than N.C.M. 11. EMPLOYEES AND AGENTS. All lifeguards, whether volunteers for or employees of N.C.M. 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. 6. Current American Red Cross Standard First Aid certificate; and C. Current Cardio Pulmonary Resuscitation certificate from either the American Red Cross or the Heart Association. At all times the Swim Complex is in use by N.C.M., an individual possessing these certificates shall be on deck supervising. All such individuals and agents shall be agents of N.C.M. only and shall not be construed to be, employees and/or agents of City. N.C.M. 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. 12. COMPLIANCE WITH LAW. N.C.M., 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.M. 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.M. shall be prohibited use of facilities during the time of exclusive use by N.C.M. 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 - 4- any damages to-the goods, properties or effects of N.C.M. or any of N.C.M.'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 N.C.M, 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. N.C.M. 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.M. of the obligations imposed hereunder, on or before the effective date of this agreement, N.C.M. 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 N.C.M. 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. 15. INSURANCE. N.C.M. 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 resultina directly or indirectly by or from any act or activities of N.C.M. or any person acting for N.C.M. under N.C.M.'s control or direction, and also to protect against loss from liability for damages to or -5- c theft or vandalism of any property of any person caused directly or indirectly by or from acts or activities of any person acting for N.C.M. or under N.C.M.'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 ($l,OOO,OOO), combined single limit, for each occurrence. A copy of said certificate of insurance shall be sent to the office of the Risk Manaaer of City. N.C.M. 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.M. 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 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 NORTH COAST MASTERS 17. ENTIRETY. The entirety of the agreement between the parties is set forth herein. -6- c I IN WITNESS.THEREOF, the parties hereto have executed this agreement on the date first above written. CITY OF CARLSBAD / BY : NORTH COAST MASTERS CLAUDE A. LEWIS, Mayor Date: Date: ATTEST : Udh I ALETHA L. RAUTENKRANZ, City Cldrk City Attorney -7-