Loading...
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: I; / _. ".. WTQ, 08-1 5-89 CITY M DEPT.PER USE AGREEMENT BETWEEN CITY i .. ..- I I I RECOMMENDED ACTION: P g rr: 0, 2 2 0 F: 0 .. a s s 2 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. 0 I/ RESOLUTION NO. 89-29 9 1 2 3 4 5 ' 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. ~ WHEREAS, the City Council of the City of Carlsbad 6 7 8 9 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 10 11 12 13 14 15 16 17 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: 18 I 19 i; 1, 2o I I 21 I AYES : Council Members Lewis, Kulchin, Mamaux & Pettine NOES : None ABSENT: Council Member Larso 22 I ATTEST: 23 i 241 a&% iI & I 25 1 ALETHA L.'MzEbk CLERK c 26 1' (SEAL) 27 / 28 / / 0 4 a 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. k 1 e 0 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. 2 0 e L 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. 3 e m 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 . 4 0 0 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 5 e 0 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: - b 0 0 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 k 7/2 7/89 7 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 m