HomeMy WebLinkAbout1998-05-05; City Council; 14658; North Shore Aquaticsfs > 0 E %
. . p Y s 5 8
AB# /‘+%%
MTG. 5/05/98
DEPT. CSD
- ‘4
tlTY OF CARLSBAD --AGENDA t;liLL 3 q5& I
: TITLE USE AGREEMENT BETWEEN CITY
AND NORTH SHORE AQUATICS
RECOMMENDED ACTION :
City Council adopt Resolution No. %- I’! approving an agreement between the City of Carlsbad
and North Shore Aquatics for use of the Community Swim Complex to conduct a competitive youth
water polo program.
ITEM EXPLANATION :
In 1997 staff received a written request for a Use Agreement from the North Shore Aquatics
Foundation. The request outlined the Foundations’ reasons and justifications for a Use
Agreement which included: the current pricing excludes many families from participating, the
group is non-profit, the program uses time which would otherwise not bring in any revenue to the
City, and the group can provide program registration; thereby reducing the workload on aquatic
staff.
Staff recommends this Use Agreement as the best way to offer a popular and growing youth
water polo program. The Use Agreement ensures that the program is both affordable to
Carlsbad’s citizens and cost effective for the City to provide. North Shore Aquatics has provided
proof that it is a non-profit organization per 501 (c) (3) per the Internal Revenue Service and is also
a registered United States Water Polo member. The required insurance documents have been
approved by and are on file with the Risk Manager.
FISCAL IMPACT:
North Shore Aquatics will be charged $2.00 per lane per hour for rental use of the pool. This will
generate revenue of $6,840, based on use of 3,240 lane/hours. If North Shore Aquatics rents the
pool after normal operating hours (6AM to 7:30PM) they will be charged for lifeguards and utilities
(heating and lighting). The charge for lifeguard service is $11 per hour with estimated revenue of
$4,950. The charge for utilities is $3.30 per hour, with estimated revenue of $900. Total gross
revenue is estimated at $12,690 per year which will cover all additional general fund costs.
Funds will be deposited into the General Fund Pool Facility Rental account.
ENVIRONMENTAL REVIEW:
The Planning Director has determined that the project is not subject to CEQA pursuant to Section
15061 (b) (3) of the CEQA Guidelines because it can be seen with certainty that the activity in
question has no possibility of a significant effect on the environment.
EXHIBITS:
1. Resolution No. 98- 130
RESOLUTION NO. 98-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND NORTH SHORE AQUATICS FOR USE
OF THE COMMUNITY SWIM COMPLEX TO CONDUCT A
COMPETITIVE WATER POLO PROGRAM
WHEREAS, North Shore Aquatics, a non-profit group, desires to conduct a
6 competitive water polo program at the Carlsbad Community Swim Complex; and
7 WHEREAS, the City Council believes that entering into such a use agreement
8 ensures an affordable youth water polo program which is cost effective for the City;
9
10
11
NOW, THEREFORE, BE IT RESOLVED that:
1. The Agreement for Use attached hereto as Exhibit A is hereby approved.
12 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to
13 execute said agreement for and on behalf of the City of Carlsbad.
14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the CityCouncil
15 of the City of Carlsbad, California, held on the 5 day Of May I 1998, by
l6 the following vote to wit:
17 AYES: Council Members Nygaard, Hall & Finnila
18 NOES: None
19
2. ABSENT: Lewis & Kulchin
21
22 I/ AT-TEST: 23
24 & ,pdJ I d-
25 ALETHA RAUTENKRANZ, City Clerk
1
RAMONA FINNILA, Mayor Pro-Tern
26
27
28
AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH SHORE AQUATICS FdUNDATlON
THIS AGREEMENT, made and entered into this II day of eL%+ 1998, by
and between the City of Carlsbad, hereinafter referred to as “City,” and North Shore
Aquatics Foundation, hereinafter referred to as “N.S.A.”
WITNESSETH
WHEREAS, City desires to provide aquatic programs for the general public, to
include a United States Water Polo (U.S.W.P.) competitive swim program; and
WHEREAS, N.S.A. was formed for the specific task of providing a recreational and
competitive water polo program; and
WHEREAS, Cii and N.S.A. desire to cooperate with each other to allow use of
the Community Swim Complex by those parties interested in recreational and competitive
U.S.W.P. swimming;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. 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.S.A. a pool facility for the purpose of conducting a U.S.W.P. affiliated water polo team
3. USE OF FACILITY. The City shall make available for N.S.A. non-exclusive
use of the pool, deck areas, locker rooms and parking lot of the Cartsbad Community
Swim Complex for up to 250 lane hours per month during the term of this agreement.
Provided there is no conflict with other scheduled use, N.S.A. may request additional lane
hours. N.S.A. shall submit a specific lane hours and facility 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 request on time may result in denial of use for that month.
The Supervisor is authorized to grant or deny such request. The Supervisor shall note
any revisions or denied requests in writing to N.S.A. within 5 working days of receipt of
the monthly lane use request.
N.S.A. will use th&rlsbad Community Swim Complex7tly as scheduled and
approved by the Supervisor. Any cancellation of scheduled and approved use must be
made in writing 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. Written notice of such change shall be
given at least five 5 working days prior to the change.
Current U.S.W.P. card holders who are current members of N.S.A. shall be the
only persons allowed to swim in N.S.A. lanes.
4. PAYMENT FOR CITY SERVICES. In consideration for use of City’s
facilities and services during the term of this agreement, N.S.A. shall pay to the City the
rental fee per lane per hour of use as set by City Council resolution. N.S.A. shall pay the
City the per hour fee as set by City Council resolution for staff/lifeguard service during
exclusive N.S.A. use of the Swim Complex. N.S.A shall pay the City utility charge of
three dollars and thirty cents per hour for weekday use after 7:30 P.M. or
weekend/holiday use after 4 P.M. The rental and staff/lifeguard fees are subject to
change by Cii Council resolution.
The rental fee is due and payable on the first day of the month following the month
billed. N.S.A. shall submit payment within ten (IO) 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.
5. DUTIES OF N.S.A, The agents of N.S.A. will be responsible for supervising
and ensuring the safety of participants and observers; providing, getting out and storing
all competitive equipment used by N.S.A.; assisting in removing and replacing the pool’s
insulating blankets; cleaning up the facility if necessary due to N.S.A. use; and reporting
any injury, damage, theft, or mechanical problems immediately to the Supervisor.
6. SPECIAL EVENTS. N.S.A. may schedule and hold special events such as
water polo competitions during the term of this agreement upon the prior written approval
2
. of the Supervisor. A req, A to hold a special event shall be su,,nitted in writing no later
than one (1) month prior to the event. The Recreation and Park Planning Manager 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 ($l,OOO,OOO)
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.S.A. may charge
admission for the special event N.S.A. shall reimburse the City for any and all 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.S.A. shall be collected by and belong to
N.S.A.
8. TERMINATION. This agreement shall terminate after a two (2) year period,
The City or N.S.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.S.A. shall remove
all its property from the facility.
9. Al TFRATIONS. No alterations of any kind shall be made or done to the
premises unless prior written approval has been secured from the Recreation and Park
Planning Manager or his designee.
10. CARE OF FACILITIES. N.S.A. shall give prompt notice to the Supervisor of
any damage to the pool and/or facilities. N.S.A. shall not commit, or allow to be
committed, any damage or injury or any private or public nuisance on the premises.
When repair to the facility due to N.S.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.S.A.. N.S.A. will be responsible for any waste, damage, breakage, theft, or
loss occurring from the beginning of N.S.A.‘s period of use until the next period of use by
a person or entity other than N.S.A..
3
11. EMPLOYE, 5 AND AGENTS. All coaches, assis.dnt coaches, and
substitutes or agents of N.S.A. shall be experienced and competent and shall provide a
twosided copy of the following certificates to the Supervisor PRIOR TO WORKING to
include:
A.
B.
C.
Current American Red Cross: Emergency Water Safety or Lifeguard
Training Certificates.
Current American Red Cross: Standard First Aid Certificate or above; and
Current (within one year) 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.S.A., an individual possessing these
certificates shall be on deck supervising the swimmers. All such individuals and agents
shall be agents of N.S.A. only and shall not in any instance be, or be construed to be,
employees and/or agents of the City. N.S.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.SA., 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 to the operation
conducted thereon.
13. ASSIGNARII ITY. N.S.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.S.A. shall be prohibited use of N.S.A.‘s lane space during the time of use by N.S.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 N.S.A., or any of N.S.A.3 representatives,
agents, employees, guests, licensee, invitees, patrons, or clientele, or of any other
persons whatsoever, or i. personal injuries to, or deaths of tht, , I, or any of them,
whether caused by or resulting from any acts or omissions of N.S.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.S.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
acccunt of any such liabilities.
To effectuate thii dause, and as an additional requirement and not to relieve
N.S.A. of the obtigations imposed hereunder, on or before the effective date of #is
agreement, N.S.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 induding theft or vandalism, and reciting that
N.SA. has the liability insurance as required in paragraph 15 below, and that the policy
has endorsed or otherwise covers the contractual liabilii imposed by this agreement.
15. INSURANCE. N.S.A agrees to take out and maintain at its own expense
liabiii 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.S.A. or any person acting for N.S.A. or under NS.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.S.A. or under N.S.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.
5
. A copy of said ce, cate of insurance shall be sent to th, office of the Risk
Manager of the City. N.S.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.SA. has acquired other insurance, which, in determination of Cii, 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: Cii of Carl&ad
Recreation and Park Planning Manager 1200 Carlsbad \ralage Drive Cadsbad, CA 920981989
NORTH SHORE AQUATICS FOUNDATION: North Shore Aquatics Foundation 1432 Highland Drive Solana Beach CA 92075
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 SHORE AQUATICS FOUNDATION CITY OF CARLSBAD
s RAMONA FINNIL& Mayor Pro Tern
1
DATE: -M&i ft !SSS
ATTEST
-m*DI-.mY CARLSBAD CITY CLERK
6
May 12,1998
North Shore Aquatics Foundation
1432 Highland Drive
Solana Beach, CA 92075
RE: COMMUNITY SWIM COMPLEX USE AGREEMENT
Enclosed for your records are copies of the Agenda Bill, Resolution and the signed
Use Agreement which were approved by the Carlsbad City Council on May 5, 1998.
If you have any questions about the requirements of the Use Agreement or about the
swim complex itself, please call Carl Pope, Aquatics Supervisor, at (760) 434-2860.
KATHLEEN D. SHOUP
Sr. Cffice Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808