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.
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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
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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,
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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
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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
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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.
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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
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