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HomeMy WebLinkAbout1999-12-14; City Council; 15527; Use Agreement Between City & North Coast Aquatics- XY OF CARLSBAD -- AGENDk-iLL -3 $pg -.--. AB# 13; $2 7 KE : USEAGREEMENT MTG. 12/l 4/99 BETWEEN CITY AND DEPT. Recreation NORTH COAST AQUATICS. RECOMMENDED ACTION : City Council adopt Resolution No. @&, approving an agreement between the City of Catisbad and North Coast Aquatics i’lir rise of the Community Swim Complex to conduct a competitive swimming program. 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 1 l/14/99. 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. b -IMPACT: The per lane per hour rental charge is being changed from $2.00 to $2.10. This will increase revenue $328 from $6,560 to $6,888 per year, based on current use of 3,280 lane/hours. Funds will be deposited into the General Fund Pool Facility Rental account. 1. 2. Resolution No. 99-fia Agreement for Use of Community Swim Complex between the City of Catisbad and North Coast Aquatics. I RESOLUTION NO. gg-518 A RESOLUTION OF THE CIN 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 WHEREAS, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and North Coast Aquatics, to conduct a competitive swim program at the Carlsbad Community Swim Complex, a copy of which is attached hereto and made a part hereof and is also 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 14th day of DEc , 1999, by the following vote to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ABSENT: None A-l-TEST: ALETHA wT&&RA@ City Clerk KAREN R. KUNDTZ, Assistant City Clerk AGREEMENTFOR USE OF COMMUNITY SWIM COMPLEX . BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS - THIS AGREEMENT, made and entered into thi&#’ day of &, 1999, 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, to 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 competitive swim program; and WHEREAS, City and N.C.A. desire to cooperate with each other to allow use of the Community 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 the City by the City’s Aquatic Supervisor (hereinafter referred to as “Supervisor”). 2. DI JTIFS OF CITY. During the term of this Agreement, the City shall provide N.C.A. a pool facility for the purpose of conducting a U.S.S. affiliated swim team program. 3. USF OF FACILITY . The City shall make available for N.C.A. non-exclusive use of the pool, deck areas, locker rooms and parking lot of the Carlsbad Community Swim Complex for up to 960 lane hours per quarter year during the term of this agreement. Provided there is no conflict with other scheduled use, N.C.A. may request additional lane hours. N.C.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 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 LII~ Cartsbad Community Swim Complex only as scheduled and approved by the Supervisor. Any cancellation of scheduled and approved use must be made 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. Notice of such change shall be given at least five 5 working days prior to the change. Current U.S.S. card holders age 25 or younger who are current members of N.C.A. shall be the only persons allowed to swim in N.C.A. lanes. 4. PAYMENT FOR CITY SFRVICES. In consideration for use of City’s facilities and services during the term of this agreement, N.C.A. shall pay to the City the rental fee of two dollars and ten cents ($2.10) per lane per hour of use. The rental fee is subject to change as of July 1, 2000, 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 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. 5. DUTIES OF N.C.A.. The agents of N.C.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.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, or 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. A request to hold a special event shall be submitted in writing no later 2 4 . - - than one (1) month prior to the event. The Community Services Director 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 ($1 ,000,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.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, and other revenue derived from the operation of N.C.A. shall be collected by and belong to N.C.A. 8. TF,RMINATION. 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 its property from the facility. 9. ALTERATIONS. No alterations of any kind shall be made or done to the premises unless prior written approval has been secured from the Recreation Director or his designee. 10. CARF OF FACILITIES. N.C.A. shall give prompt notice 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 or injury or any private or public nuisance on the premises. When 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 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.. 3 h - 11. EMPLO?&S AND AGENTS. All swim coacnes, assistant coaches, and substitutes or agents of N.C.A. shall be experienced and competent and shall provide a two-sided copy of the following certificates to the Supervisor PRIOR TO WORKING to include: A. Current American Red Cross: Emergency Water Safety or Lifeguard Training & 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-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.C.A., an individual possessing these certificates shall be on deck supervising the swimmers. All such individuals and agents 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. N.C.A., at its sole cost and expense, shall COMPLIANCF WITH I AW. 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. ASSIGNABILITY. N.C.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.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 SAVF 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.C.A., or any of N.C.A.9 representatives, agents, employees, guests, licensee, invitees, patrons, or clientele, or of any other 4 - - persons whatsoever, CII 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 any such liabilities. To effectuate this clause, and as an additional requirement and not to relieve N.C.A. of the obligations imposed hereunder, on or before the effective date of this 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 that N.C.A. has the liability insurance as required in paragraph 15 below, and that the policy has endorsed or otherwise covers the contractual liability imposed by this agreement. 5 - 15. JlNlUW&&. 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 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.C.A. or any person acting for N.C.A. or under N.C.A.3 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.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 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. 6 . .’ . -4 A 16. Any notice or notices required or permitted to be given by this NOTICE. 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 Car&bad Community Services Director 1200 Carisbad Village Drive Carisbad, CA 920084 989 NORTH COAST AQUATICS : North Coast Aquatics 4776 Brookwood Court Car&bad, CA 92008 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 CITY OF CARLSBAD BY: DATE: DATE: IL “Z4q &/L%& KAREN R. KUNDTZ, Assistant City Clerk 7