HomeMy WebLinkAbout1995-11-07; City Council; 13367; USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICSa
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cI)Y OF CARLSBAD - AGWA BILL ' ,E * _, -. -
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CITY AT AND NORTH COAST AQUATICS MTG. 4~~407!a5
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' USE AGREEMENT BETWEEN CITY
IDEPT. CSD I I CITY MC
RECOMMENDED ACTION:
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City Council adopt Resolution No. 95 -See , 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 expires 10/27/95. In order to continue providing the community with a year round competitive swim program, the attached agreement must be renewed. The required insurance documents have been approved by
and are on file with the Risk Manager,
The proposed two year use agreement reduces free lane hours granted to NCA from 400 to 200 as of 10/1/95 and eliminates them
as of 10/1/96.
FISCAL IMPACT:
The per lane per hour rental charge of $1.90 has not been changed. No increase in revenue is expected, as NCA has significantly reduced it's use of the Swim Complex. Approximately $7,500. per year in revenue funds from NCA will be collected and deposited into account #001-810-00-00-8842 (Pool
Facility Rental).
EXHIBITS:
1. Resolution No. cis -. Y&
2. Agreement for use of Community Swim Complex between the
City of Carlsbad and North Coast Aquatics.
October 17, 1995
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RESOLUTION NO. 95-308
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
6 WHEREAS, the City Council of the City of Carlsbad, California, does
7 resolve as follows:
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1. That certain agreement between the City of Carlsbad and North
10 Aquatics, to conduct a competitive swim program at the Carlsbad Communi?
11 Complex, a copy of which is attached hereto and made a part hereof and is alsc
12 in the City Clerk’s office, is hereby approved.
13 2. That the Mayor of the City of Carlsbad is hereby authorized and (
I.4 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 City Cc
the City of Carlsbad, California, held on the 7th day of NOVEMBEg1995, by the fc
vote to wit:
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AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA RAUTENKRANZ, City Clerk )
0 0 \. AGREEXENT FOR USE OF COM"Y SmM COBfPLgX BEMEW
THE CITY OF CARISBAD
A#D
NORTH COAST AQUATICS
THIS AGREEMENT, made and entered into this .14th day of
NOVEMBER , 1995, by and between the City of Carlsbad, hereinafter
referred to as llCity,ll and North Coast- Aquatics, hereinafter
referred to as IrN.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 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 01
behalf of the City by the City's Aquatic Supervisor (hereinafte:
referred to as llSupervisorll).
2. DUTIES OF CITY. During the term of this Agreement, th
City shall provide N.C.A. 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 up to 96
lane hours per quarter year during the term of this agreement
Provided there is no conflict with other scheduled use, N.C.A. ma
request additional lane hours. N.C.A. shall submit a specific lar
0 e hours and facility usage request in writing to the Supervisor no L I,
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
$25 per day, due upon submittal of 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 ol
scheduled and approved use must be made to the Aquatic Supewisol
no less than 5 working days in advance, or such canceled 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 ai
least five 5 working days prior to the change.
Current U. S .S. card holders age 25 or younger who are curren'
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 o
City's facilities and services during the term of this agreement
N.C.A. shall pay to the City the rental fee of one dollar an
ninety cents ($1.90) per lane per hour of use. The rental fee i
subject to change as of July 1, 1996, as per the City Council'
budget-related fee revision process.
From October 1, 1995 through September 30, 1996, NCA will not b
charged for the first fifty (50) lane hours over nine-hundred ar
sixty (960) lane-hours per quarter. Commencing October 1, 1996, r
free lane hours shall be granted.
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0 0 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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5. DUTIES OF N.C.A. The agents of N.C.A. will be
responsible for supervising and ensuringthe safety of participants
and observers: providing, 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, 01
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. 2
request to hold a special event shall be submitted in writing nc
later than one (1) month prior to the event. The Parks anc
Recreation Director or his designee shall consult with the Rid
Manager prior to approving personal Inlury and property damagt I1
insurance in an amount of no less than one million dollar:
($1,000,000) covering the event. The insurance policy shall shor
the name and address of the City as' additionally insured and shal:
be approved by the Risk Manager. This insurance policy shall be ii
addition to the insurance specified in paragraph 14. N.C.A. ma]
charge admission for the special event. N.C.A. shall reimburse thc
City for any costs incurred by the City because of the specia:
event.
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0 0 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 twc
(2) year period. The 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 thc
facility.
9. ALTERATIONS. No alterations of any kind shall be made 01
done to the premises unless prior written approval has been securec
from the Parks and Recreation Director or his designee.
10. CARE OF FACILITIES. N.C.A. shall give prompt notice tc
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 01
any private or public nuisance on the premises. When repair to tht
facility due to N.C.A.'s use or damage is required, the City shal:
perform the work and charge the cost to repair such damage
including materials and labor, to N.C.A.. N.C.A. will bc
responsible for any waste, damage, breakage, theft, or 10s:
occurring from the beginning of N.C.A.'s period of use until thl
next period of use by a person or entity other than N.C.A..
11. EMPLOYEES AND AGENTS. All swim coaches, assistan
coaches, and substitutes or agents of N.C.A. shall be experience
and competent and shall provide a two-sided copy of the followin
certificates to the Supervisor PRIOR TO WORKING to include:
A. Current American Red Cross: Emergency Water Safety an
Safety Training for Swim Coaches Certificates.
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0 B. Current American Red Cross: 9 S andard First Aid
Certificate or above: and
C. Current (within one year) Infant, Child, and Adult
Cardio-PulmonaryResuscitationCertificate(s) fromeither
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 aqents 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.
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 tc
the operation conducted thereon.
13. ASSIGNABILITY. N.C.A. shall not assign its rights 01
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 N.C.A.'s lane space during the time of 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
properties, or effects of N.C.A., or any of N.C.A.'
representatives, agents, employees, guests, licensee, invitees
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0 a 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 an1
such liabilities.
To effectuate this clause, and as an additional requirement
and not to relieve N.C.A. of the obligations imposed hereunder, or
or before the effective date of this agreement, N.C.A. shal:
deliver to the Risk Manager a certificate of liability insurance
(issued by a company licensed to transact such business in thc
State of California) covering bodily injury and property damagl
including theft or vandalism, and reciting that N.C.A. has thc
liability insurance as required in paragraph 15 below, and that th
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 carric
satisfactory to City, naming City as additionally insured, 4
protect against the liabilities mentioned in paragraph 14, and fc
damages on account of bodily injury, including death resulti1
therefrom, suffered or alleged to be suffered by any person (
persons whatsoever resulting directly or indirectly by or from a
act or activities of N.C.A. or any person acting for N.C.A.
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under N.C.A.,s co 9 rol or direction, and als 9 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 ($1,000,000) ,
combined single limit, for each occurrence.
A copy of said certificate of insurance shall be sent to the
off ice of the Risk Manager of the City. N.C.A. agrees that .this
agreement shall terminate, at the option of the City, upon the
effective date of the cancellation, termination or suspension of
any or all of the insurance policies heretofore mentioned, unless
before such effective date N.C.A. has acquired other insurance,
which, in determination of City, adequately replaces the canceled
insurance.
16. NOTICE. Any notice or notices required or permitted tc
be given by this agreement may be personally served on the other
party by the part giving such notice, or may be served by certifiec
mail, return receipt requested. Until written notice of change ol
address is given, mailed notices may be addressed to the parties at
the following addresses:
CITY: City. of Carlsbad
Community Services Director
1200 Carlsbad Village Drive Carlsbad, CA 92008-1989
NORTH COAST AQUATICS : North Coast Aquatics 7821 Estancia Street Carlsbad, CA 92009
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r. 17. ENTIRETY. The entirety of the agreement between the parties
is set forth herein.
IN WITNESS THEREOF, the parties hereto have executed this
agreement on the date first above written.
NORTH COAST AQUATICS C.ITY OF CARLSBAD
BY :
DATE : DATE :
(?-/ 8- 75 November 14, 1995
&*Q.L CARLS D CITY ATTORNEY
//a %?9 sa KAREN R. KUNDTZ, Assistant City Clerk
NCAW-USfiACR .%$” 12 199
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