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HomeMy WebLinkAbout1997-11-18; City Council; 14436; USE AGREEMENT BETWEEN CITY AND NORTH COAST AQUATICS.WY OF CARLSBAD - AGEV BILL Kt4 & Yi DEPT. k AB# j q, q3 6 I TITLE: USE AGREEMENT BETWEEN MTG.11Ll8A.L DEPnomm Svcs. CITY AND NORTH COAST AQUATICS. CITY AI CITY Mc I I r- ~~ ~~ RECOMMENDED ACTION: City Council adopt Resolution No.q?-@?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 11-14-97. 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. 1 FISCAL IMPACT: The per lane per hour rental charge is being changed from $1 -00 to $2.00. This will increase revenue $395 from $7,501 to $7,896 per year, based on current use of 3,948 lane/hours. Funds will be deposited into the General Fund Pool Facility Rental account. EXHIBITS: .* 1. 2. P Q 9 .,,* _." .. z I- o 2 a 2 o 2 3 0 0 Resolution No. c) 7-@ 7 Agreement for Use of Community Swim Complex between the City of Carisbad and North Coast Aquatics. 1 2 3 4 0 0 RESOLUTION NO. 97-687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLBAD 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 5 6 WHEREAS, THE City Council of the City of Carlsbad, California, does hereby 7 8 g to conduct a competitive swim program at the Carlsbad Community Swim Complex, a resolve as follows: 1. That certain agreement between the City of Carlsbad and North Coast Aqu; 10 11 12 13 14 15 16 of which is attached hereto and made a part hereof and is also on file.in the City Clerk office, is hereby approve. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Counl the City of Carlsbad, California, held on the 18th day of November, 1997, by the follo\ni 17 vote to wit: 18 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall l9 i NOES: None 2o 21 ABSENT: None 22 23 I ATTEST: 24 I ? 25 26 i ALETHA RAUTENKRANZ, City Cle& 27 I1 28 I .. , AGREEM 8 T FOR USE OF COMMUNI T8WIM COMPLEX I/- 25 BETWEEN eo& M &ties 7% ' THE CITY OF CARLSBAD ~es/ A~u~~LJ 4 AND NORTH COAST AQUATICS THIS AGREEMENT, made and entered into this ehday of November , 1997, 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, tc 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 competitivc swim program; and WHEREAS, Crty and N.C.A. desire to cooperate with each other to allow use o the Communrty Swim Complex by those parties interested in competitive U.S.S swimming; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. ADMINISTRATION. This agreement shall be administered on behalf of thc 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 providl N.C.A. a pool facility for 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-exclusivl use of the pool, deck areas, locker rooms and parking lot of the Cartsbad Communit Swim Complex for up to 960 lane hours per quarter year during the term of thi agreement. Provided there is no conflict with other scheduled use, N.C.A. may reque: additional lane hours. N.C.A. shall submit a specific lane hours and facility usage reque in writing to the Supervisor no less than 5 working days in advance for the coming mont Failure to submit the lane-use schedule on time will result in a penalty of $25 per da due upon submittal of the lane-use request. The Supervisor is authorized to grant 1 deny such request. The Supervisor shall note any revisions or denied requests in writir to N.C.A. within 5 working days of receipt of the monthly lane use request. ... - . N.C.A. shall (b se the Carlsbad Community Swim Complex 0 only as scheduled an1 approved by the Supervisor. Any cancellation of scheduled and approved use must bl made to the Aquatic Supervisor no less than 5 working days in advance, or SUC canceled use will be billed as actual use. The Supervisor reserves the right to change the hours of use to meet the City' needs. Notice of such change shall be given at least five 5 working days prior to th change. Current U.S.S. card holders age 25 or younger who are current members c 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' facilities and services during the term of this agreement, N.C.A. shall pay to the City th ,. rental fee of two dollars ($2.00) per lane per hour of use. The rental fee is subject t change as of July 1, 1998, as per the City Council's budget-related fee revision process. The rental fee is due and payable on the first day of the month following th quarter billed. N.C.A. shall submit payment within ten (10) days of receipt of the billin invoice. If full payment of the amount due is not received on or before the tenth da following receipt of the billing invoice, a ten percent (10%) late penalty fee will be addec to the amount due. .. 5. DUTIES OF N.C.A, The agents of N.C.A. will be responsible fc supervising and ensuring the safety of participants and observers; providing, getting 01 and storing all competitive equipment used by N.C.A.; assisting in removing and replacin the pool's insulating blankets; cleaning up the facility if necessary due to N.C.A. use; an reporting any injury, damage, theft, or mechanical problems immediately to th Supervisor. 6. SPFCIAL WNTS. N.C.A. may schedule and hold special events such a swimming competitions during the term of this agreement upon the prior written approv: of the Supervisor. A request to hold a special event shall be submitted in writing no late than one (1) month prior to the event. The Community Services Director or his designe' 2 .. *. shall consult with @ Risk Manager prior to approving 1) ersonal injury and property damage insurance in an amount of no less than one million dollars ($l,OOO,OOO) covering the event. The insurance policy shall show the name and address of the City as additionally in'sured 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, anc other revenue derived from the operation of N.C.A. shall be collected by and belong tc N.C.A. 8. JERMINATION. This agreement shall terminate after a two (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 of its property from the facility. 9. ALTERATIONS. No alterations of any kind shall be made or done to the Swim Complex premises unless prior written approval has been secured from the Community Services Director or his designee. .. 10. CARE OF FACILITIES. N.C.A. shall give prompt notice to the Supervisol of any damage to the pool and/or facilities. N.C.A.' shall not commit, or allow to bc committed, any damage or injury or any private or public nuisance on the premises. When repair to the facility due to N.C.A.3 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. WYFFS AND AGENTS. All swim coaches, assistant coaches, anc substitutes or agents of N.C.A. shall be experienced and competent and shall provide E 3 -. .. two-sided copy of a following certificates to the Supe AB r PRIOR TO WORKING tc include: A. Current American Red Cross: Emergency Water Safety or Lifeguarc Training iand 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-Pulmona? Resuscitation Certificate(s) from either the American Red Cross or tht American Heart Association. At all times the Swim Complex is in use by N.C.A., an individual possessing thesf certificates shall be on deck supervising the swimmers. All such individuals and agent! 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 maintair in full force at all times all Workers' Compensation insurance required by law ir connection with such employees and agents.' I. 12. COMPLIANCE WITH LAW. N.C.A., at its sole cost and expense, shai comply with and observe, and secure compliance and observation with, all requirement of all Municipal, County, State, or Federal ordinances, codes, statutes, or regulations nov in force or which may hereinafter be in force pertaining to the pool or to the operatiol conducted thereon. c. 13. ASSIGNABILITY. N.C.A. shall not assign its rights or duties under thi agreement or any interest in the same. Individuals who are not registered members c 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 employee shall not be, nor be held liable for, any claims, liabilities, penalties, fines, or for an damages to the goods, properties, or effects of N.C.A., or any of N.C.A.'s representative: agents, employees, guests, licensee, invitees, patrons, or clientele, or of any othc persons whatsoever, or for personal injuries to, or deaths of them, or any of then whether caused by or resulting from any acts or omissions of N.C.A. in or about the poo 4 *. %. or by or from any @ *t of omission of any person or by 0 ny defect in any part of the premises or from any other cause or reason whatsoever. N.C.A. further agrees to holc and save free and harmless, the City and its authorized agents, officers, and employee! 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 01 account of any such liabilities. TO effectuate this clause, and as an additional requirement and not to relievc N.C.A. of the obligations imposed hereunder, on or before the effective date of thk 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 tha N.C.A. has the liability insurance as required in paragraph 15 below, and that the polic! has endorsed or otherwise covers the contractual liability imposed by this agreement. 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 additionall) insured, to protect against the liabilities mentioned in paragraph 14, and for damages or 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 o 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 ,OOO,OOO), 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, termination or suspension of any or 5 ail of the insuran alicies heretofore mentioned, unl e@ before such effective date - N.C.A. has acquired other insurance, which, in determination of City, adequately replaces the canceled insurance. 16. KITICE. Any notice or notices required or permitted to be given by thi! agreement.may be personally served on the other party by the part giving such notice, o may be served by certified mail, return receipt requested. Until written notice of change o address is given, mailed notices may be addressed to the parties at the foliowins addresses: CITY: City of Carlsbad Community Services Director 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 NORTH COAST AQUATICS : , North Coast Aquatics 71 29 Lantana Terrace Carlsbad, CA 92009 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 thc date first above written. NORTH COAST AQUATICS CITY OF CARLSBAD /3 BY: r/ "yHP 5, MAYOR DATE: 10 /z[ 197 DATE: /l/,d? 7 ALETHA L. RAUTENKRANZ, ? CARLSBAD CITY CLERK HU'NUUSEAGRWOdobrtt. 1991 6