HomeMy WebLinkAbout1989-08-15; City Council; 10194; USE AGREEMENT BETWEEN CITY AND NORTH COAST MASTERSur w+nLamnu - nUCN W m'LL &d AB#./^.& GlTY A: ANB NBl7U MAST MAET€Rt
DEPT. I TITLE:
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WTQ, 08-1 5-89
CITY M DEPT.PER
USE AGREEMENT BETWEEN CITY
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RECOMMENDED ACTION:
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City Council adopt Resolution No. Fy~.?f/, approving agreemer
between the City of Carlsbad and North Coast Masters for us
of the Community Swim Complex to conduct competitive swimmir
meets.
ITEM EXPLANATION:
North Coast Masters has been organizing and conducting master
swim meets at the Carlsbad Swim Complex since May, 1987. Tk: existing Use Agreement with North Coast Masters has expired ar must be renewed to continue providing the community wit competitive swim meets for adults.
The Use Agreement allows for a maximum of five swim meets PE year which are scheduled on Sunday mornings so there is r conflict with any other programs.
The required insurance documents (Exhibit 3) have been approve by and will be kept on file by the Risk Manager.
FISCAL IMPACT:
The rental rate has been changed from Fifteen dollars ($15) PC hour to Eighteen dollars ($18) per hour (for exclusive use) i accordance with the City's new fee schedule.
The projected maximum use of 20 hours per year will generat annual revenue of Three Hundred Sixty dollars ($360) . Fund will be deposited into account #001-810-00-00-8422 (POC
Facility Rental).
EXHIBIT:
1. Resolution No. Ty0J?/.
2. Agreement for use of Community Swim Complex between tk:
3. Certificate of Insurance.
City of Carlsbad and North Coast Masters.
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I/ RESOLUTION NO. 89-29 9
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' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND NORTH COAST MASTERS, FOR USE OF THE COMMUNITY
SWIM COMPLEX TO CONDUCT COMPETITIVE SWIM EVENTS AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
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WHEREAS, the City Council of the City of Carlsbad
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does hereby resolve as follows:
1, That certain agreement between the City of
Carlsbad and the North Coast Masters, to conduct competitive I swim events at the Carlsbad Community Swim Complex, a copy
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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 Carlsbad City Council held on the 15th day
of August 1989, by the following vote, to wit:
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AYES : Council Members Lewis, Kulchin, Mamaux & Pettine
NOES : None
ABSENT: Council Member Larso
22 I ATTEST:
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25 1 ALETHA L.'MzEbk CLERK
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26 1' (SEAL)
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AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH COAST MASTERS
THIS AGREEMENT, made and entered into this aln day of fl~.(&~.yr- 9 1989,
by and between the City of Carlsbad, hereinafter referred to as "City", and North
Coast Masters, hereinafter referred to as "N.C.M."
WITNESSETH
WHEREAS, City desires to provide aquatic programs for the general public,
to include United States Masters Swimming (U.S.M.S.) competitive swim events;
and
WHEREAS, N.C.M. was formed for the specific task of providing competitive
swimming events; and
WHEREAS, City and N.C.M. desire to cooperate with each other to allow use
of the Community Swim Complex by those parties interested in competitive U.S.M.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 (hereinafter referred to as
"Supervi sorl') .
2. DUTIES OF CITY. During the term of this Agreement, City shall
provide N.C.M. a pool facility for the purpose of conducting competitive U.S.M.S.
events.
3. USE OF FACILITY. The City shall make available for N.C.M. non-
exclusive use of the Carl sbad Community Swim Complex for 20 hours per year. The
specific hours and dates requested shall be submitted to the Supervisor no less
than two (2) weeks in advance. The Supervisor is authorized to grant or deny
such request.
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The City will provide safety equipment, pay telephone service, and
available tables, chairs, clip boards, start gun, lap counters, and other
equipment and supplies as requested to conduct swim meets or special events.
N.C.M. will use the facility only during the times specified, unless prior
written approval is given by the 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 of sum of Eighteen Dollars ($18) per hour of exclusive use
of the Swim Complex. If the Swim Complex is used jointly with another program,
N.C.M. shall pay to the City One Dollar and Eighty Cents ($1.80) per lane per
hour. In addition, N.C.M. shall pay to the City Twenty Dollars ($20) for each
change-over of the pool from meters to yards configuration E yards to meters.
This will include changing lane lines and backstroke flags and
instal 1 ation/removal of starting blocks. There will be no charge if the pool
configuration is not changed. If lifeguard service is provided by the City,
N.C.M. shall pay the City Ten Dollars ($10) per hour per lifeguard.
N.C.M. shall submit the payment calculated according to Paragraph 4 and
hourly use reports no later than the 10th day of each month following the event
reported.
Additional pool time, requested in excess of the established 20 hours per
year will be billed on a monthly basis at the communitylnon-profit rate of Thirty
Dol 1 ars ($30) per hour.
5. DUTIESOF 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-aic
supplies; cleaning up the facility after use; and reporting any injury, damage,
theft, or mechanical problems immediately to the Supervisor.
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6. SPECIAL EVENTS. N.C.M. may schedule and hold special events
including swim competitions and exhibitions during the term of this Agreement
upon the prior written approval of the Supervisor. A request to hold a special
event shal? be submitted in writing no later than two weeks prior to the event,
The Parks and Recreation Director or his designee shall consult with the Risk
Manager prior to approving personal injury and property damage insurance in an
amount of not less than One Million Dollars ($1,000,000) covering the event.
The insurance policy shall show the name and address of the City as additionally
insured and shall be approved by the Risk Manager. This insurance policy shall
be in addition to the insurance specified in Paragraph 14. 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.
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 (30) 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 a1 terations of any kind shall be made or done tc
the premises unless prior written approval has been secured from the Parks an(
Recreation Director.
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10. 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,
theft, or loss occurring 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 swim activity supervisors, coaches,
assistant coaches and agents of N.C.M. shall be experienced and competent and
shall provide a copy of the following certificates to the Supervisor PRIOR TO
WORKING to include:
A. American Red Cross Advanced Lifesaving or Lifeguard Training
cert i f i cate.
B. Current American Red Cross Standard First Aid certificate; and
C. Current Infant, Child, and Adult Cardio-Pulmonary Resuscitation
certificate(s) from either the American Red Cross or the American
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 the swimmers. All such
individual and agents shall be agents of N.C.M. only and shall not in any
instance be, or b+construed to be, employees and/or agents of City. N.C.M.
shall provide and shall maintain in full force at all times, all Workers‘
Compensation insurance required by law in connection with such employees and
agents .
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12. COMPLIANCE WITH LAW, N.C.M., at its sale cost and expense, shall
comply with and observe, and secure compl iance 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./U.S.M.S. 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 any damages to the goods, properties, or effects of N. C .M., or any of
N.C.M.'s representatives, agents, employees, guests, licensee, 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 omissions of N.C.M. in or about the pool, or by or from any act of omission
of any person or by 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 1 imi ted 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 he obligations imposed hereunder, on or before the effective
date of this Agreement, N.C.M. shall deliver to Risk Manager a certificate of
liability insurance, (issued by a company licensed to transact such business in
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the State of California) covering bodily injury and property damage including
theft or vandal i sm, and reciting that N. C.M. has the 1 i abi 1 i ty 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
1 iabil i ty 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.M. or any person acting for N.C.M. or under N.C.M.’s control or direction,
and a1 so to protect against 1 oss from 1 iabil i ty 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 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 Manager 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:
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CITY: City of Carl sbad 1200 Carl sbad Village Drive Carlsbad, CA 92008-1989
NORTH COAST MASTERS: North Coast Masters
Carl sbad, CA 92009 3627 Laredo Street
17. 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.
NORTH COAST MASTERS
By : AkL
DIANA EVANS, President
Date: 7-&7 - 89 Date: p -3 I -87
ATTEST :
AL%~iEti*hk
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7/2 7/89
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CERTiFICATE OF INSURANCE
DATE: June 21 , 1989
PRODUCER; Financial Guardian of Arizona, Inc.
$ 7600 N. 16th Street, Suite 208
c Phoenix, Arizona 45626-4435
*z ( 602 ) 870"4096
INSURED: UNITED STATES MASTERS SWIMMING, INC. &
UNITED STATES MASTERS SWIMMING LOCAL COMMITTEES
COMPANY: Lexington Insurance Company
COVERAGE: Comprehensive General Liability (Claims Made Form)
PULICY NO.: e642534
'' RETROACTIVE DATE: May 15, 1986
EFFECTIVE: May 15, 1?8? 12: 01 AM MST
EXPIRATION: December 31, 1989 12:Ol MST
LIMIT: 81,000,000 each occurrence/SZ, 000,000 on the aggregate f all Insureds and Additional Insureds for Bodily Injury
and Property Damage
ADDITIONAL INSURED ENDORSEMENT
It is agreed that the "Person Insured" provision-is amended to includ
as an Additional Insured the person or organization designated below,
but only with respects to liability arising out of the use of premise
by the Named Insureds and Additronal Insured as defined and listed on
the reverse side.
This insurance with re5pect to the Additional Insured does not apply
to Bodily Injury or Property Damage arising out of the existence, maj
its employees or agents.
tenance, inspection, or testing of premises by the hdditional Insurec
Name of Requesting ffember Club: North Coast Masters c/o Diane Evans
3627 Lareho Street
Carl sbad, CA 92008
Name and Address of Additional
Insured and Certificate Holder: Clty of Carlbad Carl sbad Swim Complex Attn: Carl Pope
3401 Monroe Street Carlsbad, CA 92008 - " - """""_ Authorize 9 Rep b-*-c" esentative
ADDITIONfiL INSUREDS:
1. United States Masters Swimminq, Inc. Member Clubs far
Insured Activities.
2- finY member of United States Plasters SwimminQ, Inc, while
acting an oehalf of and with the approval of the Board of
Directors of United States Masters Suimming, Inc.
DEFINITIONS:
1. United States Masters Swimminq, Inc. Member Clubs are clubs
that are members In good standing with United States blasters
Swimming, Inc. and whose athletes and coaches are members of
United States Masters Swimming, Inc,
2. Sanction as defined by United States Masters Swimming, Inc.
3, Approved Meet as defined by United States Masters Suimming, In
4, Covered Competition as defined by United States Masters
Swimming, Inc.
INSURED 6CTIVITIES
A. Swimming events where a United States Masters Swimming, Inc.
Sanction has been issuea.
9. United States Masters Swimming, Inc. Approved Meets and Coverec
ComDetitrons.
C. SwimmincJpractices under active supervision of a United States
Masters Swimming, Inc. or United States Swimming, Inc. Member
Club Coach.
0. Swimming tryouts under active supervision of a United States
Masters Suimmingz Inc. or United States Swimming, Inc. Member
Club Coach for a period of no more than thirty (30) consecutivc
days from any one individual,
E. Learn to Swim Program where all athletes are members of United
States Masters Swimming, Xnc, and supervised by a United Statec
Masters Swimming, Inc. tlember Club Coach or United States Swim
Inc,
F. United Statesktlasters Swimming, Inc. contracted Swim-A-Thons.
Cancellation Clause
Should the above described policy be cancelled before the expiratic
date, the issuing company will endeavor to mail 30 days written
notice to the additional insured and certificate holder, but failur
kind upon the company, its agents or representatives. ~ to mail such notice shall impose no obligation or liability of any
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