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HomeMy WebLinkAbout1994-10-11; City Council; 12898; USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICS6 GW UP LAHL3DAU - nue. H DILL '. I' - wq ,I AB#- TITLE: USE AGREEMENT BETWEEN CITY MTG. JC-II-qY' AND NORTH COAST AQUATICS. DEPT. I IClTI A DEPT. c 5 8 - CITY hl RECOMMENDED ACTION: City Council adopt. Resolution No. 9q-237 , approving an agreement between the City of Carlsbad and North Coast Aquatics for use of the Community Swim Complex to conduct a competitive swimming program. ITEM EXPLANATION: North Coast Aquatics (NCA) has been conducting the competitive swim program at the Carlsbad Swim Complex since March 1982. The existing agreement with North Coast Aquatics expired 9-21-94. 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. In August of 1989, NCAfs Use Agreement was changed from a flat monthly rate of $570 to a per lane per hour charge of $1.80. As part of that change, it was negotiated by the Parks and Recreation and Finance Departments that NCA would be granted 1,680 free lane hours per year to help promote use of the Swim Complex by youth. In November of 1992 NCA agreed to reducing free lane hours on a progressive and proportional basis. The use agreement approved in 1992 went from 1,680 to 1,000. The use agreement approved in September of 1993 reduced the free lane hours from 1,000 to 600. The proposed use agreement reduces free lane hours granted to NCA from 600 to 400. The Recreation division's goal is to eliminate all free lane hours provided to NCA by September 1996. FISCAL IMPACT: Q 4 $A 2 R The per lane per hour rental charge of $1.90 has not been changed. Depending on NCA's actual use, revenue to the City may increase by $380. Funds will be deposited into account #OOl- 810-00-00-8842 (Pool Facility Rental). EXHIBITS: ~ 1. Resolution No. 9 q-&67 2. Agreement for use of Community Swim Complex between the City of Carlsbad and North Coast Aquatics. z I- o .. 23 a 1 0 z 3 0 0 AGREEMEh * FOR USE OF COMMUNITY SWI im bOMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS, INC. THIS AGREEMENT, made and entered into this 27th day of __ OCTOBER , 1994, by and. between the City of Carlsbad, hereinafte: referred to as oCity,ll and North Coast Aquatics, Inc., hereinafte: referred to as ltN.C.A.tt WITNESSETH WHEREAS, City desires to provide aquatic programs for thc 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 providinc a competitive swim program: and WHEREAS, City and N.C.A. desire to cooperate with each othe: to allow use of the Community Swim Complex by those partie: interested in competitive U.S.S. swimming: NOW, THEREFORE, IT IS AGREED .AS FOLLOWS: 1. ADMINISTRATION. This agreement shall be administered 0: behalf of the City by the City's Aquatic Supervisor (hereinafte referred to as tlSupervisortl). 2. DUTIES OF CITY. During the term of this Agreement, th City shall provide N.C.A. with a pool facility for the purpose o conducting a U.S.S. affiliated swim team program. 3. USE OF FACILITY. The City shall make available fo N.C.A. non-exclusive use of the pool, deck areas, locker rooms an parking lot of the Carlsbad Community Swim Complex for 960 lan hours per quarter year during the term of this agreement. Provide there is no conflict with other scheduled use, N.C.A. may reques additional lane hours. N.C.A. shall submit a specific lane hour e e and facility usage request to the Supervisor no less than 5 days il advance for the coming month. Failure to submit the lane-usc schedule on time will result in a penalty of $25 per day, due up01 submittal of the lane-use request. The Supervisor is authorized tc grant or deny such request. The Supervisor shall note an: revisions or denied requests in writing to N.C.A. within 5 workinc days of receipt of the monthly lane use request. N.C.A. will use the Carlsbad Community Swim Complex only a scheduled and approved by the Supervisor. Any cancellation o scheduled and approved use must be made to the Aquatic Superviso no less than 5 working days in advance, or such cancelled use wil be billed as actual use. The Supervisor reserves the right to change the hours of us to meet the City’s needs. Notice of such change shall be given a least five (5) working days prior to the change. Current U.S.S. cardholders age 25 or younger who are currer members of N.C.A. shall be the only persons allowed to swim I N.C.A lanes. 4. PAYMENT FOR CITY SERVICES. In consideration for use c Ci.ty’s facilities and services during the term of this agreement N.C.A. shall pay to the City the minimum sum of one thousand eigl hundred and twenty-four dollars ($1,824) per quarter calculated i the rental rate of one dollar and ninety cents ($1.90) per lane ( actual use. The rental fee is due and payable on the first day of t month following the quarter billed. N.C.A. shall submit payme within ten (10) days of receipt of the billing invoice. If fu payment of the amount due is not received on or before the tent 2 e day following receipt of the billing involse, P a ten percent (10% late penalty fee will be added to the amount due. Pool time in excess of two thousand one hundred and twent (2,120) lane hours per half year will be billed on a quarter1 basis at the rate of one dollar and ninety cents ($1.90) per lan per hour. 5. DUTIES OF N. C.A. The agents of N.C.A. will b responsible for supervising and ensuring the safety of participant and observers; setting up and taking down all competitive an safety equipment; removing and replacing the pool's insulatin blankets; cleaning up the facility after use: and reporting an injury, damage, theft, or mechanical problems immediately to th Supervisor. 6. SPECIAL EVENTS. N.C.A. may schedule and hold specia events including swim competitions and exhibitions during the ter of this agreement upon the prior written approval of th supervisor. A request to hold a special event shall be submitte in writing no later than two (2) weeks prior to the event. Th Parks and Recreation Director or his designee shall consult wit the Risk Manager prior to approving personal injury and propert damage insurance in an amount of no less than one million dollar ($1,000,000) covering the event. The insurance policy shall sha the name and address of the City as additionally insured and shal be approved by the Risk Manager. This insurance policy shall be i addition to the insurance specified in paragraph 14. N.C.A. ma charge admission for the special event. N.C.A. shall reimburse th City for any costs incurred by the City because of the specia event. 3 7. REVEN 3 E. Except as stated in par d graph 4, all admissiol 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 an: time by giving written notice to the other of such termination an( 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 their property from the facility. 9. ALTERATIONS. No alterations of any kind shall be made o done to the premises unless prior written approval has been secure1 from the City. 10. CARE OF FACILITIES/KEYS. N.C.A. shall give prompt notic 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 o 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 the work and charge the cost to repair SUC damage, including materials and labor, to N.C.A. All keys t 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 lock shall be immediately replaced at N.C.A.’s expense. N.C.A. will b responsible for any waste, damage, breakage, theft, or 10s occurring from the beginning of N.C.A.’s period of use until th next official period of use by a person or entity other than N.C.A 11. EMPLOYEES AND AGENTS. All swim coaches, assistan coaches, and agents of N.C.A. shall be experienced and competen and shall provide a copy of the following certificates PRIOR T WORKING to include: 4 0 A. American Red Cross Advanced L1 * esaviny or Lifequarc Training Certificate B. Current American Red Cross Standard First Aid Certificate; and c. Current Infant, Child, and Adult Cardio-Pulmonarl Resuscitation Certificate(s) from either the American Rec Cross or the American Heart Association. At all times the Swim Complex is in use by N.C.A., ar individual I possessing these certificates shall be on decl supervising the swimmers. All such individuals and agents shall bc agents of N. C. A. only and shall not in any instance be, or bc construed to be, employees and/or agents of the City. N.C.A. shal: provide and shall maintain in full force at all times all Workers Compensation insurance required by law in connection with sucl employees and agents. 12. COMPLIANCE WITH LAW. N. C.A., at its sole cost an( expense, shall comply with and observe, and secure compliance an( observation with, all requirements of all Municipal, County, State or Federal ordinances, codes, statutes, or regulations now in fora or which may hereinafter be in force pertaining to the pool or tl the operation conducted thereon. 13. ASSIGNABILITY. N.C.A. shall not assign its rights o duties under this agreement or any interest in the same Individuals who are not registered members of N.C.A. shall b' prohibited use of facilities during the time of exclusive use b N.C.A. 14. HOLD AND SAVE HARMLESS. City, its agents, officers, an employees shall not be, nor be held liable for, any claims liabilities, penalties, fines, or for any damages to the goods, 5 0 properties, or effects of N. C.A. , or any of N. C.A. ’ 0 representatives, agents, employees, guests, licensee, inviteec patrons, or clientele, or of any other persons whatsoever, or fc personal injuries to, or deaths of them, or any of them, whethc caused by or resulting from any acts or omissions of N.C.A. in c about the pool, or by or from any act of omission of any person c by any defect in any part of the premises or from any other caus or reason whatsoever. N.C.A. further agrees to hold and save frc and harmless, the City and its authorized agents, officers, ar employees against any of the foregoing liabilities, and to pay a1 and all cost and expenses, including but not limited to court cost and reasonable attorney’s fees, incurred by City on account of ar such liabilities. To effectuate this clause, and as an additional requiremer and not to relieve N.C.A. of the obligations imposed hereunder, c or before the effective date of this agreement, N.C.A. shal deliver to the Risk Manager a certificate of liability insurancc (issued by a company licensed to transact such business in tk State of California) covering bodily injury and property damac including theft or vandalism, and reciting that N.C.A. has tk liability insurance as required in paragraph 15 below, and that tl policy has endorsed or otherwise covers the contractual liabilit imposed by this agreement. 15. INSURANCE. N.C.A. agrees to take out and maintain at it own expense liability insurance with an insurance Carrie satisfactory to City, naming City as additionally insured, t protect against the liabilities mentioned in paragraph 14, and fo damages on account of bodily injury, including death resultin therefrom, suffered or alleged to be suffered by any person or 6 persons whatsot Ilb er resulting directly or i @ irectly by or from an act or activities of N.C.A. or any person acting for N.C.A. o under N.C.A.'s control or direction, and also to protect agains loss from liability for damages to or theft or vandalism of an property of any person caused directly or indirectly by or fro acts or activities of any person acting for N.C.A. or unde N.C.A.'s control or direction. Such insurance shall be maintainec in full force and effect during the entire term of this agreemenl 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 tht office of the Risk Manager of City. N.C.A. agrees that thi: 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 tc 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 7 0 0 17. ENTIRETY. The entirety of the agreement between the partic is set forth herein. IN WITNESS THEREOF, the parties hereto have executed th: agreement on the date first above written. NORTH COAST AQUATICS /? 8 I ;’ i .. By : - , ,, _-, /;‘I. By : JEFF’ PltAkE, President / Date: \h I I ,’i ~,’+ Date: 10 -26 - 44 ATTEST : nA AI-, ,/3 n A ALETHA L. RAUTENKRANZ, City C&rk CARLSBAD - &e.& f. (- ~~~~~ UKUP-Jh ~ &f*clTY TORNE 8 * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m e RESOLUTION NO. 94-287 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. WHEREAS, the City Council of the City of Carlsbad does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and North 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, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. //// 1111 IIII 1111 1111 IIll 1111 llII 1 , Ill/ ll 0 a PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council on the 11th of OCTOBER of 1994, by the following vote, to 1 2 3 4 wit: 5 6 7 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None 8 9 10 11 ATTEST: ABSENT: None 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I1 1 ~ ~ ALETHA L. RAUTE ~ (SEAL) ~ 1 CC RES0 NO. 94-287 -2-