HomeMy WebLinkAbout1991-09-24; City Council; 11358; USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICS, INC.Uler bAHL3tlAU - AUtNU ~, .,
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AB# il, 3 56 TITLE: USE AGREEMENT BETWEEN CITY
MTG. 9 -..24 - 'i f
DEPT. '9-J- /<
AND NORTH COAST AQUATICS,
I NC.
DEPT. H
CITY AT
CITY MG
RECOMMENDED ACTION:
City Council adopt Resolution No. , 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:
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I North Coast Aquatics, Inc. (NCA) 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 NCA remains the same as in previous agreements. The
required insurance documents have been approved by and will be kept on file by the
~ Risk Manager.
FISCAL IMPACT:
The charge for pool use is changing from one dollar and eighty cents ($1.80) per lane
per hour to one dollar and ninety cents ($1.90) per lane per hour. Based on NCA's
expected use, the annual revenue to the City will increase about $384 from $6,912 to
Rental).
$7,296. Funds will be deposited into account #001-810-00-00-8422 (Pool Facility
EXHIBITS:
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Resolution No.
Agreement for use of Community Swim Complex between the City of Carlsbad
and North Coast Aquatics, Inc.
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1 RESOLUTION NO. 9 1 - 3 15
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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 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 resolve as
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lo ll 1. That certain agreement between the City of Carlsbad and North
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Coast Aquatics, Inc. to conduct a competitive swim program at the
Carlsbad Community Swim Complex, a copy of which is on file in
the City Clerk's office, is hereby approved.
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directed to execute said agreement for and on behalf of the City of 16
- 2. That the Mayor of the City of Carlsbad is hereby authorized and
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ll 0 e ll /I PASSED, APPROVED AND ADOPTED at a regular meeting of the City
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-2 ll Council of Carlsbad on the 24th of Septanber of 1991, by the following vote, to
AYES: Council Members Kulchin, Stanton and Nygaard
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NOES: None
ABSENT: Council Members Lewis and Larson
&%Ah CLAUDE WIS, Mayor
ANN J. KULCHIN, Mayor Pro-Tern
ATTEST:
ALETHA L. RAUTEN
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(SEAL)
CC RES0 NO. 91-315 -2-
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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 &4;day I_ of&, 1991, b
and between the City of Carlsbad, hereinafter referred to as "City," and North Coas
Aquatics, Inc., hereinafter referred to as "N.C.A."
WITNESSETH
WHEREAS, City desires to provide aquatic programs for the general public, t
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 swir
program; and
WHEREAS, City and N.C.A. desire to cooperate with each other to allow use of th
Community Swim Complex by those parties interested in competitive U.S.S. swimming;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. ADMINISTRATION. This agreement shall be administered on behalf of th
City by the City's Aquatic Supervisor (hereinafter referred to as 'Supervisor").
2. DUTIES OF CITY. During the term of this Agreement, City shall provid
N.C.A. a pool facility for the purpose of conducting a U.S.S. affiliated swim team progran
3. USE OF FACILITY. The City shall make available for N.C.A, non-exc]usi\i
use of the Carlsbad Community Swim Complex for 960 lane hours per quarter year durir
the term of this agreement. N.C.A. shall submit a specific lane hours usage request to tl-
Supervisor no less than 5 days in advance for the coming month. The Supervisor
authorized to gran; or deny such request.
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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, additional lane hours. 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 prior written
approval is given by the Supervisor. Current U.S.S. cardholders age 25 or younger who are
current members of N.C.A. shall be the only persons allowed to swim in N.C.A. lanes.
4. PAYMENT FOR CITY SERVICES. In consideration for use of City’s
facilities and services during the term of this agreement, N.C.A. shall pay to the City the
minimum sum of one thousand eight hundred and twenty four dollars ($1,824) per quarter
calculated at the rate of one dollar and ninety cents ($1.90) per lane per hour.
The rental fee is due and payable on the first day of the month following the quarter
billed. N.C.A. shall submit payment within ten (10) days of receipt of the billing invoice.
If full payment of the amount due is not received on or before the tenth day following
receipt of the billing invoice, a ten percent (10%) late penalty fee will be added to the
amount due.
Pool time in excess of two thousand seven hundred and sixty (2,760) lane hours per
half-year will be billed on a quarterly basis at the rate of one dollar and ninety cents ($1.90)
per lane per hour.
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5. DUTIES OF N.C.A. The agents 0f.N.C.A. will be responSib\e for supenisin!
and ensuring the' safety of participants and observers; setting up and taking down all
competitive and safety equipment; removing and replacing the pool's insulating blankets;
opening and locking up the facility; cleaning up the facility after use; and reporting any
injury, damage, theft, or mechanical problems immediately to the Supervisor.
6. SPECIAL EVENTS. N.C.A. may schedule and hold special events such as
swimming competitions during the term of this agreement upon the prior written approval
of the Supervisor. A request to hold a special event shall be submitted in writing no later
than one (1) month 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 ($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.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, and
other revenue derived from the operation of N.C.A. shall be collected by and belong to
N.C.A.
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8. TERMINATION. This agreement shall terminate after a one-year perioc
City or N.C.A. may terminate this agreement at any time by giving written notice to thl
other of such termination and specifying the effective date thereof at least thirty (30) day
before the effective day of such termination. Upon termination, N.C.A. shall remove all it
property from the facility.
9. ALTERATIONS. No alterations of any kind shall be made or done to th
premises unless prior written approval has been secured from the Parks and Recreatio
Director or his designee.
10. CARE OF FACILITIES/KEYS. N.C.A. shall give prompt notice to th
Supervisor of any damage to the pool and/or facilities. N.C.A. shall not commit, or a1lo.r
to be committed, any damage or injury or any private or public nuisance on the premise:
When repair to the facility due to N.C.A.’s use or damage is required, the City shall perforr
the work and charge the cost to repair such damage, including materials and labor, to N.C.1
All keys to facilities issued to N.C.A. shall be the responsibility of N.C.A. and shall not b
duplicated or loaned, and, if lost, all locks shall be immediately replaced at N.C.A.’s expensc
N.C.A. will be responsible for any waste, damage, breakage, theft, or loss occurring from th
beginning of N.C.A.’s period of use until the next official period of use by a person or entil
other than N.C.A.
11. EMPLOYEES AND AGENTS. All swim coaches, assistant coaches, an
agents of N.C.A. shall be experienced and competent and shall provide a copy of th
following certificates PRIOR TO WORKING to include:
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A. Current American Red Cross Emergency Water Safety and Safety Training
for Swim Coaches 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 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 maintain in full force at all times
all Workers’ Compensation insurance required by law in connection with such employees
and agents.
12. COMPLIANCE WITH LAW. N.C.A., at its sole cost and expense, shall
comply with and observe, and secure compliance and obsemation 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.A. 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.A. shall be prohibited use of N.C.A.’s lane space during the time of use by N.C.A.
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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.A., or any of 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 acts or omissions of N.C.A. 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.A. 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.A.
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
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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 control or
direction, and also to protect against loss from liability 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.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 occurrence.
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 insurance
policies heretofore mentioned? unless before such effective date N.C.A. has acquired other
insurance, which, in determination of City, adequately replaces the canceled insurance.
16. NOTICE. Any notice or notices required or permitted to be given by 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 following‘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
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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.
CITY OF CARLSBAD
Date: ,d&x%A- J6, /E%’
ATTEST:
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ALETHA I-,. RAUTENKRANZ, City lerk R., City Attorney
Pool:Agremnts:NCA.’L 7rJ 1
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