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HomeMy WebLinkAbout2000-11-21; City Council; 15960; Use Agreement With North Shore AquaticsCITY OF CARLSBAD --AGENDA mLL - MTG. 1 l/21/00 AND NORTH SHORE AQUATICS DEPT. REC CITY MGR % RECOMMENDED ACTION : City Council adopt Resolution No.dadb*~~~ approving an agreement between the City of Carlsbad and North Shore Aquatics Foundation for use of the Community Swim Complex to conduct a competitive youth water polo program. ITEM EXPLANATION : Staff recommends this Use Agreement as the best way to continue providing the citizens of Carlsbad affordable access to a popular and growing youth water polo program. The last Use Agreement with North Shore Aquatics Foundation was approved in May of 1998. North Shore Aquatics Foundation 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 $2.10 per lane per hour for rental use of the pool. This will generate revenue of $2,415 based on use of 1 ,I 50 lane/hours. When North Shore Aquatics has use of the pool after normal operating hours (after 7:30 PM) they will be charged for lifeguards and utilities (heating and lighting). Total gross revenue is estimated at $3,300 per year. 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&?000 -3 v 0 2. Agreement for Use of Community Swim Complex Between the City of Carlsbad and North Shore Aquatics Foundation. . , 1 ! 1c 11 12 1 2 5 C 6 7 tl 9 3 T ) T a 1 - RESOLUTION NO. 2000- 340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE GIN OF CARLSBAD AND NORTH SHORE AQUATICS FOUNDATION FOR USE OF THE COMMUNITY SWIM COMPLEX TO CONDUCT A COMPETITIVE WATER POLO PROGRAM WHEREAS, North Shore Aquatics Foundation, a non-profit group, desires to conduct a :ompetitive water polo program at the Carlsbad Community Swim Complex; and WHEREAS, the City Council believes that entering into such a use agreement will benefit ie citizens of Carlsbad by assisting the provision of an affordable youth water polo program; NOW, THEREFORE, BE IT RESOLVED that: ‘he Agreement for Use attached hereto as Exhibit A is hereby approved. ‘hat the Mayor of the City of Carlsbad is hereby authorized and directed to execute said ‘greement for and on behalf of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the II 13 City of Carlsbad, California, held on the 21st day of November , 2000, by the following 14 vote to wit: 15 AYES: Council Members Lewis, Hall, 16 NOES: None 17 ABSENT: None 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH SHORE AQUATICS FOUNDATION THIS AGREEMENT, made and entered into this GTH day of December, 2000, by and between the City of Carlsbad, hereinafter referred to as “City,” and North Shore Aquatics Foundation, a non- profit foundation, hereinafter referred to as “N.S.A.” WITNESSETH WHEREAS, City desires to provide aquatic programs for the general public, including access to 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, N.S.A. desires to use the City’s Community Swim Complex to conduct a recreational and competitive U.S.W.P. water polo program; 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 program. 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 Carlsbad 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. 5 working days prior to the requested use. 3 N.S.A. will use the Carlsuad Community Swim Complex only 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. cardholders 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 or a potion thereof based on the number of lane used, as set by City Council resolution for staff/lifeguard service during N.S.A. use of the Swim Complex. N.S.A shall pay to the City the current hourly utility fee or a portion thereof based on the number of lanes used, per hour of use for weekday use after 7 P.M. or weekend/holiday use after 4 P.M. The rental, utility and staff/lifeguard fees are subject to change by City Council resolution. The fees are due and payable on the first day of the month following the month billed. N.S.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.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. 2 - 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 of the Supervisor. A request to hold a special event shall be submitted in writing no later than one (1) month prior to the event. The Recreation 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 ,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. In addition to paying the per lane, lifeguard and utility fees identified in paragraph 4, 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.‘s water polo program shall be collected by and belong to N.S.A. a. TERM AND TERMINATION. The term of the agreement shall be two (2) years from the date it is entered. However, 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. 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. 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, 5 . 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.. 11. EMPLOYEESAND AGFNTS. All coaches, assistant coaches, and substitutes or agents of N.S.A. shall be experienced and competent. At all times the Swim Complex is in use by N.S.A., a coach shall be on deck supervising the swimmers. All such individuals shall be employees and/or 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. CQMM. N.S.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, and 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. ASSlNABl. 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. HOI n 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.S.A., or any of N.S.A.‘s representatives, agents, employees, guests, licensee, invitees, 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.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 account of any such liaoilities. To effectuate this clause, and as an additional requirement and not to relieve N.S.A. of the obligations imposed hereunder, on or before the effective date of this 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 including theft or vandalism, and reciting that N.S.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. 15. INSURANCE. N.S.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 there from, 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 N.S.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.S.A. or under N.S.A.3 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.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.S.A. has acquired other insurance, which, in determination of City, 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 5 7 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 Recreation Director 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 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 entered this agreement effective on the date n first above written. NORTH SHORE AQUATICS FOUNDATION ::, o,lkG-e.e . ~ULfE’/-b LIBW’S, MAYOR APPROVED AS TO FORM: RONALD R. BALL, CITY ATTORNEY Al-l-EST: n 8/9/00 1 132 AM UJY OF CARLSBAD AOUATICS Cad Pope USE AGREEMENT - MA POLO