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HomeMy WebLinkAbout1989-08-22; City Council; 10212; USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICS, INC.GlmUF GAHLSUAU - AljitNWBILL jV," b - AB#&&L TITLE: MTG. 8 122 189 DEPT. PER USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICS, INC. DEPT, I CITY .A' CITY M RECOMMENDED ACTION: 0 w rr )o % z 0 F 0 4 .. $ z 3 0 City Council adopt Resolution No. w-301 , approving 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. (N.C.A.) 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 swim program, the attached agreement must be renewed. ,The scheduled use of the Swim Complex by N.C.A. remains the. same as in previous agreements, allowing the City to maximize' pool use. The required insurance documents (Exhibit 3) have been approved. by and will be kept on file by the Risk Manager. FISCAL IMPACT: In accordance with the City's new fee schedule, the charge for pool use has been changed from a flat monthly rate of Five Hundred Seventy dollars ($570) per month to a One dollar and Eighty cents ($1.80) per lane, per hour charge. Based on N. C.A. Is scheduled use the annual revenue will be Six Thousandl Nine Hundred Twelve dollars ($6,912) . Funds will be deposited into account #001-810-00-00-8422 (Pool Facility Rental). EXHIBIT: 1. Resolution No. W.30/ - 2. Agreement for use of Community Swim Complex between the City of Carlsbad and North Coast Aquatics, Inc. 3. Certificate of Insurance I 0 li e RESOLUTION NO. 89-d~ @I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD I. CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY 0 2l CARLSBAD AND NORTH COAST AQUATICS, INC. FOR USE OF TH COMMUNITY SWIM COMPLEX TO CONDUCT A COMPETITIVE SWIM PROGRA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. 3 4 5 WHEREAS, the City Council of the City of Carlsba ~ I 6 7 does hereby resolve as follows: 1. That certain agreement between the City o a Carlsbad and North Coast Aquatics, Inc. to conduct competitive swim program at the Carlsbad Community Swi 9 10 11 12 13 14 15 16 17 18 Complex, a copy of which is on file in the City Clerk' Office, is hereby approved. 2. That the Mayor of the City of Carlsbad i hereby authorized and directed to execute said agreement fc and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regula meeting of the Carlsbad City Council held on the 22 nd da of August 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux & Pet 19 1; i NOES: None ABSENT ! None 20 21 22 li ATTEST: 23 11 241 lI-QG!L $! 25 ALETHA L. RAUT 1, 26 (SEAL) 27 / 28 / / 0 0 AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS, INC. THIS AGREEMENT, made and entered into this sa day of +, 1989, by and between the City of Carl sbad, hereinafter referred to as "City", and Nortb Coast Aquatics, Inc., hereinafter referred to as "N.C.A." WITNESSETH WHEREAS, City desires to provide aquatic programs for the general public, to include a United States Swimming (U.S.S.) competitive swim program; and WHEREAS, N.C.A. was formed for the specific task of providing a competitivc swim program; and WHEREAS, City and N.C.A. desire to cooperate with each other to allow US( of the Community Swim Complex by those parties interested in competitive U.S.S, swi mmi ng ; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. ADMINISTRATION. This Agreement shall be administered on behalf oi the City by the City's Aquatic Supervisor (hereinafter referred to a: "Supervi sort'). 2. DUTIES OF CITY. During the term of this Agreement, City shal- 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 Carl sbad Community Swim Complex for 320 lane/hours per montl during the term of this Agreement. 1 0 e Provided there is no conflict with other scheduled use, N.C.A. may request on a first right of refusal basis, an additional 140 lane/hours per month at no additional charge. The Supervisor is authorized to grant or deny such request. The Supervisor 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 (2) days prior to the change. N.C.A. will use the facility only during the times specified, unless priot written approval is given by the Supervisor. 4. PAYMENT FOR CITY SERVICES. In consideration for use of City’: facilities and services during the term of this Agreement, N.C.A. shall pay tc the City the minimum sum of Eighteen Dollars ($18) per hour of exclusive use 01 One Dollar and Eighty Cents ($1.80) per lane per hour for non-exclusive use. N.C.A. shall submit the payment calculated according to Paragraph 4 an( hourly use reports no later than the 15th day of each month following the rnontl reported. Additional pool time, granted on a first right of refusal basis, in exces: of 1,680 lane/hours per year will be billed on a monthly basis at the rate oi One Dollar and Eighty Cents ($1.80) per lane/hour for non-exclusive use. 5. DUTIES OF N.C.A. The members of N.C.A. will be responsible fol setting up and taking down all competitive and safety equipment; removing an( replacing the pool’s insulating blankets, opening and locking up the facility cleaning up the facility after use; and reporting any injury, damage, theft, 01 mechanical problems immediately to the Supervisor. 6. SPECIAL EVENTS. N.C.A. may schedule and hold special event including swim competitions and exhibitions during the term of this Agreemen upon the prior written approval of the Supervisor. A request to hold a specia 2 0 e event shall 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 ar 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 additionallJ insured and shall be approved by the Risk Manager. This insurance pol icy shall be in addition to the insurance specified in Paragraph 14. N.C.A. may chargf admission for the special event. N.C.A. shall reimburse the City for any cost: 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.A. shall be collected by an( 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 noticc to the other of such termination and specifying the effective date thereof ai least thirty (30) days before the effective day of such termination. Up01 termination remove all their property from the facility. 9. ALTERATIONS. No alterations of any kind shall be made or done tc the premises unless prior written approval has been secured from City. 10. WASTE CARE OF PREMISES. N.C.A. shall give prompt notice to City 0' any damage to the pool facilities. N.C.A. shall not commit, or suffer to bc 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 tl repair such damage, including materials and labor, to N.C.A. All keys tl facilities issued shall be the responsibility of N.C.A. and shall not bl duplicated or loaned, and, if lost, all locks shall be immediately replaced a 3 0 0 N.C.A.’s expense. N.C.A. will be responsible for any waste, damage, breakage, theft, or loss occurring from the beginning 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. A1 1 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 or Lifeguard Training certificate. 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.A., an individual possessins these certificates shall be on deck supervising the swimmers. All sucb individual and agents shall be agents of N.C.A. only and shall not in an] instance be, or be construed to be, employees and/or agents of City. NLA. shall provide and shall maintain in full force at all times, all Workers’ Compensation insurance required by law in connection with such employees anc agents. 12. COMPLIANCE WITH LAW. N.C.A., at its sole cost and expense, shall comply with and observe, and secure compl i ance and observation with, a1 1 requirements of all Municipal , County, State, or Federal ordinances, codes, statutes, or regulations now in force or which may hereinafter be in forcc pertaining to the pool or to the operation conducted thereon. 4 0 e 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 registerec members of N.C.A. shall be prohibited use of facilities during the time 0' exclusive use by N.C.A. 14. HOLD AND SAVE HARMLESS. City, its agents, officers, and employee: 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 0. N.C.A.'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 act: or omissions of N.C.A. in or about the pool, or by or from any act of omissiol of any person or by any defect in any part of the premises or from any othel cause or reason whatsoever. N.C.A. further agrees to hold and save free an( harmless, the City and its authorized agents, officers, and employees agains. any of the foregoing 1 iabi 1 i ties, and to pay any and a1 1 cost and expenses including but not 1 imi ted to court costs and reasonable attorney's fees, incurrec by City on account of any such liabilities. To effectuate this clause, and as an additional requirement and not ti relieve N.C.A. of the obligations imposed hereunder, on or before the effectiv, date of this Agreement, N.C.A. shall deliver to the Risk Manager a Certificat of liability insurance, (issued by a company licensed to transact such busines in the State of California) covering bodily injury and property damage includin theft or vandalism, and reciting that N.C.A. has the liability insurance a required in Paragraph 15 below, and that the pol icy has endorsed or otherwi s covers the contractual liability imposed by this Agreement. 5 0 a 15. INSURANCE. N,C.A. agrees to take out and maintain at its own expense liability insurance with an insurance carrier satisfactory to City, naming Citj as additionally insured, to protect against the liabilities mentioned ir Paragraph 14, and for damages on account of bodily in jury, i ncl udi ng deatt 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 01 N.C.A. or any person acting for N.C.A. or under N.C.A.’s control or direction, and a1 so to protect against loss from 1 iabi 1 i ty for damages to or theft or vandal ism of any property of any person caused directly or indirectly by or fron acts or activities of any person acting for N.C.A. or under N.C.A.’s control ov direction. Such insurance shall be maintained in full force and effect durin! the entire term of this Agreement in an amount of not 1 ess than One Mi 11 ior Dollars ($l,OOO,OOO), combined single limit, for each occurrence. A copy of said certificate of insurance shall be sent to the office of tht Risk Manager of City. N.C.A. agrees that this Agreement shall terminate, at thc option of City, upon the effective date of the cancellation, terminating 01 suspension of any or all of the insurance policies heretofore mentioned, unles: before such effective date N.C.A. has acquired other insurance, which, ir determination of City, adequately replaces the cancelled insurance. 16. NOTICE. Any notice or notices required or permitted to be given thi: Agreement may be personally served on the other party by the party giving sucl notice, or may be served by certified mail, return receipt requested. Unti’ written notice or change of address is given, mailed notices may be addressec to the parties at the following addresses: 6 m e CITY: City of Carlsbad 1200 Carl sbad Vi1 1 age Drive Carlsbad, CA 92008-1989 NORTH COAST AQUATICS INC: North Coast Aquatics, Inc. 7821 Estancia Street Carl sbad, CA 92009 17. ENTIRETY. The entirety of the Agreement between the parties is set fort1 herein. IN WITNESS THEREOF, the parties hereto have executed this Agreement on tht date first above written. NORTH COAST AQUATICS, INC. CITY OF CARLSBAD By : By : Date: - A /Af7 Date: Ji /7n ATTEST : 7/25/89 7 .. DFITE: 5. 1 I ' I. I( I! I! / CERTIFICATE OF INSURANCE ' ,' !i ll 02 JUN 1989 PRODUCER : Financial Guardlan of Rrizona, Inc. 7600 N. 16th Street, Sulte 206 Phoenix, RZ 85020-4435 (6021 870-4096 INSURED : UNITED STATES SWIMMING, INC. 8 UNITED STATES SWIMMING LDCRL COY CQMP RNY : Lexington insurance Company COVERFIGE : Comprehensive General Liability CClaims Made Form) POLICY NO.: 8642534 RETRORCTIVE DFiTE: May IS, 1988 EFFECTIVE: May 15, 1989 12:Ol.RM MST EXPIRRTION: Oecember 31, 1989 12:ol MST LIMIT: f1,000,000 each occurrence/f2,000,00O or) the agqreqate lor- all and Fldditlonal Insureds lor Bodily Injury and Property Darnd ADDITIONRL INSURED ENDORSEMENT It is agreed that the "Persons Insured" provision is amended to include as a Rdditronal Insured the person or organizatron deslgnated below, but only wit respect5 to Liabzlity arising out of the use of premises by the Named lnsure Rdditional Insureds as defined and Listed on the reverse side. Thrs insurance with respect to the Additional Insured does not apply to Eodil Injury or Property Damage arising out of the exi5tence, maintenance, lnspect or testing of premises by the Rdditronal Insured, it5 employees or agents. Name 01 Requesting Member Club: North Coast Aquatics c/o Jeff Pease 7821 Estancia Street Carl sbad, CA. 92009 Name and Rddress of Additional Insured and Certificate HoLder: City of Carl sbad 1200 Elm Street Carlsbad, CA. 92008 Attn: Carl Pope ?Q W$..JJ~\ h . + Q\, \ \\AVO ' h RuthorlZe% Rep\r sentative 3 L -. ,. RDDITIONRL INSUREDS: 1. Unlted States Swimmrnq, Inc. Member CCubs for Insured Rctivitles. 2. Rny member of United States Swimming, ~nc. while acting on behalf ot and with the approval ot the Board of Oirectors of' Unlted States Swimming, xnc. DEFINITIONS: 1. Unlted States Swimminq, Inc. Member Clubs are cLub5 that are members in good standing with United States Swimming, Inc. and whose athletes and coaches are members of Unlted States Swlmming, 1nc. 2. Sanctron as deflned by United States Swlnwrllng, Inc. 3. Rpproved Meet as deflned by Unlted States Swlnuning, Inc. 4. Covered Competition as detined by Unrted States Swrrmning, lnc. INSURED RCTIVITIES A. Swlmming events where a United States Swinming, lnc. Sanctlon has been issued. E. United States Swimming, Inc. Hpproved Meets and Covered Competitions. C. Swimminu practices under actlve supervision of a United States Swimming, Inc. Member Club Coach. 0. Swrmming tryouts under active supervision of a Unlted States Swlmmlng, Lnc. Member Club Loach tor a period Oi' no more than thirty (30) consecutlve days trom any one individual. E. Learn to Swim Program where all athletes are menlbers Of United States Swimming, lnc. and supervised by a United States Swimming, Inc. Member Club Coach. F. United States Swimming, Inc. contracted Swim-A-Thons. :ancellation Clause Should the above described POLICY be canceCLed before the expirat11 date, the issuing company will endeavor to mail 30 days written natlce to the additional insured and certit icate holder, but failul to maiL such notice shall impose no obligat~ori or liability of any kind upon the company, its agents or representatives.