HomeMy WebLinkAbout1992-11-03; City Council; 11946; USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICS, INC.CIW OF CARLSBAD - AGEPA BILL --<.; i 2
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L. AB # - MTG. !/ -- 3 -- ci z DEPT. I TITLE: USE AGREEMENT BETWEEN
CITY M DEPT. 2 k {?-
CITY A' CITY AND NORTH COAST
AQUATICS, INC.
RECOMMENDED ACTION:
City Council adopt Resolution No. 'j2- y2 , approving an agreement between the Citl 4
of Carlsbad and North Coast Aouatitt. Inc. for use of the Community Swim CompJe!
to conduct a competitive swimming program.
ITEM EXPLANATION:
North Coast Aquatics] Inc. (N.C.A.) has been conducting the competitive swim
program at the Carlsbad Swim Complex since March 1982. The existing agreemen
with North Coast Aquatics expires 9-26-92. In order to continue providing thc
community with a year round competitive swim program, the attached annua
agreement must be renewed. The required insurance documents have beer
approved by and will be kept on file by the Risk Manager.
FISCAL IMPACT:
The per lane per hour rental charge has not been changed. The number of free lanc
hours given to N.C.A. has been reduced from 1680 per year to 1000 per year
Depending on N.C.A.'s actual use, the annual revenue to the City may increase abou
$1,200. Funds will be deposited into account #001-810-00-00-8422 (Pool Facilitl
Rental).
EXHIBITS:
1. Resolution No. ?J -325
2. Agreement for use of Community Swim Complex between the City of Carlsbac
and North Coast Aquatics] Inc.
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RESOLUTION NO. 97-375
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND NORTH COAST AQUATICS, FOR USE OF THE
COMMUNITY SWIM COMPLEX TO CONDUCT
COMPETITIVE SWIM EVENTS AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT.
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a WHEREAS, the City Council of the City of Carlsbad does hereby resolve
g as follows:
10 1. That certain agreement between the City of Carlsbad and North
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Coast Aquatics, to conduct competitive swim events at the Carlsbad
Community Swim Complex, a copy of which is on file in the City Clerk's office,
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15 2. That the Mayor of the City of Carlsbad is hereby authorized and
16 directed to execute said agreement for and on behalf of the City of Carlsbad.
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is hereby approved.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
City Council on the 3rd OfNOVEMBERof 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard
NOES: None
ABSENT: None
ATTEST:
La- yf $- .
ZETHA L. ru\ui.ENK~
(SEAL)
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CC RES0 NO. 92-32 5”-
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November 10, 1992
North Coast Aquatics, Inc.
7821 Estancia Street Carlsbad, CA 92009
RE: Agreement for Use of Community Swim Complex and
Conduct Competitive Swim Events
The Carlsbad City Council, at its meeting of November 3, 1992,
adopted Resolution No. 92-325, approving an Agreement with North
Coast Aquatics, Inc. to use the Community Swim Complex and conduct competitive swim events.
Enclosed is a copy of the agreement and a copy of Resolution No.
92-325 for your files.
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ALETHA L. RAUTENKRANZ, CMC City Clerk
ALR: ijp
Enclosures
~~ ~~ ~ 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
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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 6th day of NOVEMBER, 1992, 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 NCA, desire to cooperate with each other to allow use of the
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 the
City by the City's Aquatic Supervisor (hereinafter referred to as "Supervisor").
2. DUTIES OF CITY. During the term of this Agreement, the City shall provide
N.C.A. a pool facility for the purpose of conducting a U.S.S. affiliated swim team program.
3. USE OF FACILITY. The City shall make available for N.C.A. non-exclusive
use of the pool, deck areas, locker rooms and parking lot of the Carlsbad Community Swim
Complex for 960 lane hours per quarter year during the term of this agreement. Provided
there is no conflict with other scheduled use, N.C.A. may request, additional lane hours.
N.C.A. shall submit a specific lane hours and facility usage request to the Supervisor no less
than 5 working days in advance for the coming month. The Supervisor is authorized to grant
. or deny such request.
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N.C.A. will use the Carlsbad Community Swim Complex only as scheduled and
approved by the Supervisor. Any cancellation of scheduled and approved use must be made
to the Aquatic Supervisor no less than 5 working days in advance, or such canceled use will
be billed as actual use.
The Supervisor reserves the right to change the hours of use to meet the City’s needs.
Notice of such change shall be given at least five 5 working days prior to the change.
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 rental rate of one dollar and ninety cents ($1.90) per lane per hour of
actual use.
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.
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Pool time in excess of two thousand four hundred and twenty (2,420) 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.
5. DUTIES OF N.C.A. The agents of N.C.A. will be responsible for supervising
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 th
other of such termination and specifying the effective date thereof at least thirty (30) daj
before the effective day of such termination. Upon termination, N.C.A. shall remove all i
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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. N.C.A. shall give prompt notice to the Supervisc
of any damage to the pool and/or facilities. N.C.A. shall not commit, or allow to b
committed, any damage or injury or any private or public nuisance on the premises. Whe
repair to the facility due to N.C.A.’s use or damage is required, the City shall perform th
work and charge the cost to repair such damage, including materials and labor, to N.C.P
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 entit
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 thc
following certificates PRIOR TO WORKING to include:
A. Current American Red Cross Emergency Water Safety :Ind Safety Trainin,
for Swim Coaches Certificate
B. Current American Red Cross: Standard First Aid Certificate or above; and
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C. Current Infant, Child, and Adult Cardia-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 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.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.
14. HOLD AND SAVE HARMLESS. City, its agents, officers, and employees -8
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,
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and to pay any and all ? ost and expenses, including but no e lmited 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 recitjng that N.C.A. has the liability
insurance as required in paragraph 13 below, and that the policy has endorsed or otherwise
covers the contractual liability imposed by this agreement.
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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
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act or activities of NCA. 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 t'han 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 the City. N.C.A. agrees that this agreement shall terminate, at the option of the City,
upon the effective date of the cancellation, termination or 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.
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16. NOTICE. an y notice or notices required or B Iitted 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 Parks and Recreation Department
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
,I Hi
r BY: #! 9
+E,J~&SIDENT
DATE: DATE:
I@Q-()" A/bu. S#I$4'.
ATTEST: n
ALETHA -d+ L. RAUTENKRANZ, 11-4 9 (Lfz.L CARLSBAD CITY ATTORNEY
CARLSBAD CITY CLERK ..
\WI'51\I'OOLLZGREMN'TSWCA.2 7/92
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