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:
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1. Resolution No. 9 q-&67
2. Agreement for use of Community Swim Complex between the
City of Carlsbad and North Coast Aquatics.
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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
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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.
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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:
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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,
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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
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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
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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
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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
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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.
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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
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AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None 8
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ABSENT: None
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~ ALETHA L. RAUTE
~ (SEAL)
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CC RES0 NO. 94-287
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