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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