HomeMy WebLinkAbout1993-09-21; City Council; 12396; USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICSCYY OF CARLSBAD - AG€WA BILL
‘ I AB # 4 394 I TITLE: USE AGREEMENT BETWEEN DEPT. k
MTG. Q-a-3
DEPT. &
CITY AND NORTH COAST
AQUATICS. CITY AI
CITY M(
I I
RECOMMENDED ACTION:
v
of Carlsbad and North Coast Aquatics for use of the Community Swim Complex to
City Council adopt Resolution No.q$’@, approving an agreement between the City
conduct a competitive swimming program.
ITEM EXPLANATION:
North Coast Aquatics (N.C.A.) has been conducting the competitive swim program
at the Carlsbad Swim Complex since March 1982. The existing agreement with North
Coast Aquatics expires 11-2-93. In order to continue providing the community with
a year round competitive swim program, the attached annual agreement must be
renewed. The required insurance documents have been approved by and are on file
with the Risk Manager.
FISCAL IMPACT:
The per lane per hour rental charge of $1.90 has not been changed.The number of
free lane hours given to N.C.A. has been reduced from 1000 to 600 per year.
Depending on N.C.A.’s actual use, revenue to the City may increase by $760 per year,
with funds deposited into the pool facility rental account.
EXHIBITS:
1. Resolution No. 99-dbL/
2. Agreement for use of Community Swim Complex between the City of Carlsbad
and North Coast Aquatics.
CI w
0 M s
9
3
z
0 +
Q
2
d z 3 0 0
I
- ll 0 0
1 RESOLUTION NO. 9 3 - 2 6 4
2
3
4
5
6
7
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 A
COMPETITIVE SWIM PROGRAM AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
8
follows: 9
WHEREAS, the City Council of the City of Carlsbad does hereby resolve a:
10 1. That certain agreement between the City of Carlsbad and North
'I I( Coast Aquatics to conduct a competitive swim program at the Carlsbad
12 II I/ Community Swim Complex, a copy of which is on file in the City Clerk's office, 13
14
15
directed to execute said agreement for and on behalf of the City of Carlsbad. 16
2. That the Mayor of the City of Carlsbad is hereby authorized and
is hereby approved.
I? ////
18
19
20
21
//I/
////
////
22 ////
23 ////
24 ////
25
26
21
28
11
////
////
9 e 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
1
2 City Council on the 21st of / 83593, by the following vote, to wit: SEPTE
3
4
5 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
6
7
8
9
NOES: None
ABSENT: None
10
11
12
13
ALETHA L. RAUTENKRANZ, City Clerk j
14
ATTEST:
(SEAL)
15
16
17
18
19 I
20
21
22
23
24
25
26
27
CC RESO NO.
-2-
28
I
0 0
AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN
THE CITY OF CARLSBAD
AND
NORTH COAST AQUATICS
THIS AGREEMENT, made and entered into this Ed day of SEPTEMBEq 1993, by
and between the City of Carlsbad, hereinafter referred to as "City," and North Coast
Aquatics, 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. swimming;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. 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 €or 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 hcility usage request in writing to the
Supervisor no less than 5 working days in advance for the coming month. Failure to submit
the lane-use schedule on time will result in a penalty of $35 per day, due upon submittal of
0
the lane-use request. The Supervisor is authorized to grant or deny such request. The
Supervisor shall note any revisions or denied requests in writing to N.C.A. within 5 working
days of receipt of the monthly lane use request.
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 fill1 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 two hundred and twenty (2,220) 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.
2
0 0
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; getting out and storing all competitive
equipment used by N.C.A.; assisting in removing and replacing the pool’s insulating blankets;
cleaning up the facility if necessary due to N.C.A. 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.
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 all its
property from the facility.
3
0 0
9. ALTERATIONS. No alterations of any kind shall be made or done to the
premises unless prior written approval has been secured from the Parks and Recreation
Director or his designee.
10. CARE OF FACILITIES. N.C.A. shall give prompt notice to the Supervisor
of any damage to the pool and/or facilities. N.C.A. shall not commit, or allow to be
committed, any damage or injury or any private or public nuisance o,n 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..
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 period of use by a person or entity other
than N.C.A..
11. EMPLOYEES AND AGENTS. All swim coaches, assistant coaches, and
substitutes or agents of N.C.A. shall be experienced and competent and shall provide a two-
sided copy of the following certificates to the Supervisor PRIOR TO WORKING to include:
A. Current American Red Cross: Emergency Water Safety ~ICJ Safety Training
for Swim Coaches Certificates.
B. Current American Red Cross: Standard First Aid Certificate or above; and
C. Current (within one year) 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 evidence of 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 ., @,
12. COMPLIANCE WITH LAW. N.C.A., at its sole cost and expense, shall
comply with and (~bserve, and secure cornpliance 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
shall not be, nor be held liable for, any claims, liabilities, penalties, fines, or for any damages
to the goods, properties, or effects of NLA., 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.
5
e 0
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 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 ($1,000,000), 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, termjnation 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.
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 Parks and Recreation Department
1200 Carlsbad Village Drive
Carlsbad, CA 92005-1959
NORTH COAST AQUATICS : North Coast Aquatics
Carlsbad, CA 92009
7821 Estancia Street
6
* O',
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
7
.c/
BY:
-
DATE: DATE:
qe22- '73 9-23-?3 -
ATTEST: n 1& Q1f"W ALETHA L. RAUTENKRANZ, CARLSBAD CITYATTORNEY
CARLSBAD CITY CLERK 9/?/ 4 '5
\Wl'SI\POOL\AGREMN1'S\NCA-UA.')93 August 25, 1993
7