HomeMy WebLinkAbout1990-08-21; City Council; 10775; USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICS, INC.C1I-P CAHLSBAU - AtitN-ILL
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DEPT. 9 * \2
TITLE: USE AGREEMENT BETWEEN
AQUATICS, INC. - MTG. %'zi 140 CITY AND NORTH COAST
DEPT. H'
CITY AT
CITY MC I I I
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RECOMMENDED ACTION:
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City Council adopt Resolution No. qo - 'approving , an 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 annual agreement must be renewed.
The scheduled use of the Swim Complex by N.C.A. remains the same as in previous
agreements. The only change within this agreement is a provision for the allowance of
quarterly payments from N.C.A. instead of monthly payments currently in effect.
The required insurance documents (Exhibit 3) have been approved by and will be kept
on file by the Risk Manager.
FISCAL IMPACT
The charge for pool use is one dollar and eighty cents ($1.80) per lane, per hour.
Based on N.C.A.'s scheduled use the annual revenue will be seven thousand dollars
($7,000). Funds will be deposited into Account #001-810-00-00-8422 (Pool Facility
Rental).
EXHIBITS:
€3 uB 1. Resolution No.
a. 2. Agreement for use of Community Swim Complex between the City of Carlsbad and
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North Coast Aquatics, Inc.
3. Certificate of Insurance ~9r9 5,"l Q in fl,~ t flihn ,9 c e,ne,l+ o5 .~,i e . i3
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RESOLUTION NO. 9 0 - 3 0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND NORTH COAST
AQUATICS, INC. FOR USE OF THE COMMUNITY SWIM
COMPLEX TO CONDUCT A COMPETITIVE SWIM
PROGRAM AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
WHEREAS, the City Council of the City of Carlsbad does hereby resolv
follows:
1. That certain agreement between the City of Carlsbad and North C
Aquatics, Inc. to conduct a competitive swim program at the Carlsbad Commu
Swim Complex, a copy of which is on file in the City Clerk’s Office, is hereby appro
2. That the Mayor of the City of Carlsbad is hereby authorized and directe
execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Cot
of the City of Carlsbad held on the 21st day of August , 1990, by the follov
vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettir
NOES: None
ABSENT: None
ATTEST:
acQ;66. k, 4
ALETHA L. RAUTEN
(SEAL)
PRC RESO. NO. -
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AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN
THE CITY OF CARLSBAD
AND
NORTH COAST AQUATICS, INC.
THIS AGREEMENT, made and entered into this may of AP~VS t, 1990, by
and between the City of Carlsbad, hereinafter referred to as "City," and North 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 competitive swim
program; and
WHEREAS, City and N.C.A. desire to cooperate with each other to allow use of the
Community Swim Complex by those parties interested in competitive U.S.S. swirnmillg;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. ADMINISTRATION. This agreement shall be administered or1 behalf of the
City by the City's Aquatic Supervisor (hereinafter referred to as 'Supervisor").
2. DUTIES OF CITY; During the term of this Agreement, City sllall provide
, N.C,A, a pool fxility for the purpose of conducting a competitive U.S.S. progr:lt11.
3. USE OF FACILITY, The City shall make available for N.C.A. nun-exclusive
use of the Carlsbad Community Swim Complex'for 320 lane hours per Inorlth during the
term of this agreement.
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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 mltk at no I-ldditionel charte. ‘I’hti
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 prior writter
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 to the City tht
minimum sum of eighteen dollars ($18) per hour of exclusive use or one dollar and eiglltj
cents ($1.80) per lane per hour for non-exclusive use.
N.C.A. shall submit the payment calculated according to paragraph 4 and hourly lam
use reports no later than the 10th day following the quarter reported and billed.
Additional pool time, in excess of 420 lane hours per quarter year will be billed or
a quarterly basis at the rate of one dollar and eighty cents ($1.80) per lane hour for non,
exclusive use.
5. DUTIES OF N.C.A. The agents of N.C.A. will be respomible for su~~ervisin)
and ensuring the safety of participants and observers; setting up and taking down a1
competitive and safety equipment; removing and replacing the pool’s insulatirlg blallkets
opening and locking up the facility; cleaning up the facility after use; and reporting an:
injury, damage, theft, or mechanical problems immediately to the supervisor.
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6. SPECIAL EVENTS. N.C.A. may schedule and hold special events including
swim competitions and exhibitions during the term of this agreement upun tile, prior writ\e\\
approval of the supervisor. A request to hold a special event shall be submitted in writing
no later than two (2) weeks prior to the event. The Parks and Recreation Director or his
designee shall consult with the Risk Manager prior to approving personal injury and
property damage insurance in an amount of no less than one million dollars ($l,OOO,OOO)
covering the event, The insurance policy shall show the nanle arid address of the City 2s
additionally insured and shall be approved by the Risk Manager. This insurance policy sl~lll
be in addition to the insurance specified in paragraph 14, N.C.A. may charge admission for
the special event. N.C.A. 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, arld
other revenue derived from the operation of N.C.A. shall be collected by and 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 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.A. shall remove a11
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 the City.
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10. CARE OF FACILITIESDEYS. N.C.A. shall give prompt notice to the
supervisor of ally darn:lge to tilt pool atld/or facilities. N.C.A. sllall not colmlit, or dlow 10
be committed, any damage or injury or any private or public nuisance on the premises.
When repair to the facility due to N.C.A.'s use or damage is required, the City shall perform
the work and charge the cost to repair such damage, including materials and labor, to N.C.A.
All keys to facilities issued to N.C.A. shall be the responsibility of N.C.A. and shall not be
duplicated or loaned, and, if lost, all locks shall be imlnediately replaced at 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. All swim coaches, assistant coaches, and
agents of N.C.A. shall be experienced and competent and sllall 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 Resus'L, :,&x1
Certificate(s) from either the American Red Cross or the Alnerican I kart
Association.
At all times the Swim Complex is in use by N.C.A., an individual possessing these
certificates shall be on deck supervising the swimmers. All such individuals and agents shall
be agents of N.C.A. only and shall not in any instance be, or be construed to be, employees
and/or agents of the City. N.C.A. shall provide and shall ~naintain in full force at all times
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all Workers' Compensation insurance required by law in connection with such employe
and agents,
12. COMPLIANCE WITH LAW. N.C.A., at its sole cost a11d expense, sh
comply with and observe, and secure compliance and observation with, all requirements
all Municipal, County, State, or Federal ordinances, codes, statutes, or regulations now
force or which may hereinafter be in force pertaining to the pool or to the operatir
conducted thereon.
13. ASSIGNABILITY. N.C.A. shall not assign its rjghts or duties under tl
agreement or any interest in the same. Individuals who are not registered menlbers
N.C.A. shall be prohibited use of facilities during the time of excl~~sive use \)y N.C.A.
14. HOLD AND SAVE HARMLESS. City, its agents, officers, and employe
shall not be, nor be held liable for, any claims, liabilities, penalties, fines, or fur any danq
to the goods, properties, or effects of N.C.A., or any of N.C.A.'s representatives, age11
employees, guests, licensee, invitees, patrons, or clientele, or of any other persc
whatsoever, or for personal injuries to, or deaths of them, or any of them, wlletller cam
by or resulting from any acts or omissions oE N.C.A. in or about the pool, or by or from a
act of omjssion of any person or by any defect in any part uf the premises or from arly otl
cause or reason whatsoever. N.C.A. further agrees to hold and save free arid llarrulessy t
City and its authorized agents, officers, and employees against any of the foregoing liabiliti
and to pay any and all cost and expenses, including but not limited to court costs a
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 relicve N.C,
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of the obligations imposed hereunder, on or before the effective date of this agreement,
N.C.A. shall deliver to the Risk Manager a certificate of liability insurance, (issued by a
company licensed to transact such business in the State of California) covering bodily injury
and property damage including theft or vandalism, and reciting that N.C.A. 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.A. agrees to take out and maintain at its own expense
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 resulting directly or indirectly by or from any
act or activities of N.C.A. or any person acting for N.C.A. or under N.C.A.'s colltrol or
direction, and also to protect against loss from liability for damages to or theft or vand a I' ism
of any property of any person caused directly or indirectly by or from acts or activities of any
person acting for N.C.A. or under N.C.A.'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 no less than one million dollars ($l,OOO,OOO), combined single limit, for each occurreIlce.
A copy of said certificate of insurance shall be sent to the office of the Risk Manager
of City. N.C.A. agrees that this agreement shall terminate, at the option of City, upon the
effective date of the cancellation, terminating in suspension of any or all of the i~lsura~~ce
policies heretofore mentioned, unless before such effective date N.C.A. has acquired other
insurance, which, in determination of City, adequately replaces the ca~~celed illsurance.
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8' 16. NOTICE. Any notice or not;ces required or permitted to be given Ly this
agreement may be personally served on the other party by the part giving such notice, or
may be served by certified mail, return receipt requested. Until written notice of change of
address is given, mailed notices may be addressed to the parties at the followirlg addresses:
CITY: City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
NORTH COAST AQUATICS INC: North Coast Aquatics, Inc.
7821 Estancia Street
Carlsbad, CA 92009
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 AQUATICS CITY OF CARLSBAD
By: J {A PEASE, President
Date: 8-6 - 90 Date: f-2 7 -@y
90
ATTEST:
LJ2. E-czu2t R"
ALETHA L. RAUTENKRANZ, kity Clerk VINCENT F. BIONDO, JR., City Attc 11ey
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