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HomeMy WebLinkAbout2002-02-19; City Council; 16556; Use Agreement with North Coast Aquatics~ 1 CITY OF CARLSBAD --AGENDA BILL ,LA/ 4B# lb,55b CITY MGR.~ NORTH COAST AQUATICS. IEPT. Recreation CITY ATTY ClN OF CARLSBAD AND klTG. OH+"a/+ DEPT.HW- m: USE AGREEMENT BETWEEN 3ECOMMENDED ACTION: 4dopt Resolution No. -, approving an agreement between the City of Carlsbad and North 2oast Aquatics for use of the Community Swim Complex to conduct a competitive swimming xogram. aooa -0 62 ,TEM EXPLANATION: Vorth 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 has expired. 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 and are on file. FISCAL IMPACT: The current per lane per hour rental charge is $2.40. Revenue is expected to be approximately $7,100 per year, based on current use of 2,960 lanelhours. Funds will be deposited into the General Fund Pool Facility Rental account (001 4520 5332). EXHIBITS: I. Resolution NO. ama-052 2. Agreement for Use of Community Swim Complex between the City of Carlsbad and North Coast Aquatics. 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 RESOLUTION NO. 2002-052 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 THE AGREEMENT WHEREAS, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. The 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 and incorporated by reference, is hereby approved. 2. The Mayor of the City of Carlsbad is hereby. authorized and directed to execute the Agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meetiy the City Council of the City of Carlsbad, California, held on the 19th day of FEBRUARY 2002, by the following vote to wit: , AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None '&MINE . WOOD, City Clerk i" (SEAL) EXHIBIT 1 AGREEMENT FOR USE OF COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS THIS AGREEMENT, made and entered into thismay of kt&&,( 2002, by and between the City of Carlsbad (“City”) and North Coast Aquatics (“N.C.A.”). RECITALS 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 (“Supervisor“). 2. -. 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. -. 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 of each coming month. If N.C.A. fails to submit the lane-use schedule on time, N.C.A. will pay the City $25 per day for each day the schedule is late. The Supervisor is authorized to grant or deny any request for additional lane hours. The Supervisor shall note any revisions or denied requests in writing to N.C.A. EXHIBIT 2 1 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 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. cardholders 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: PAYMFNT FOR CITY SFRVICFS. 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 per lane per hour of use as set by City Council resolution. N.C.A shall pay to the City the current hourly utility fee and lifeguard fee or a portion thereof based on the number of lanes used, per hour of use for weekday use after 7 P.M. or weekendlholiday use after 4 P.M. The rental and utility fees are subject to change by City Council resolution. The City will bill N.C.A. for fees on a quarterly basis. Fees are 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 fee will be added to the amount due, This late fee will be assessed in addition to and not in lieu of any other legal remedies available to the City. 5. 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. 2 6. SPFCIAI FVFNTS. 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 than one (1) month prior to the event. The Recreation Director or an authorized designee shall consult with the Risk Manager prior to determining whether to approve the special event. If a special event is approved, the approval is contingent upon N.C.A. obtaining personal injury and property damage insurance in an amount of no less than one million dollars ($1,000,000) 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 t0'N.C.A. 8. JFRM AND TFRMWWQN. The term of this agreement will be effective for a period of two years from the date first written above. Either party may terminate this agreement at any time by giving thirty (30) days written notice to the other. Upon termination, N.C.A. shall remove all its property from the facility. 9. AI TFRATW. 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 an authorized designee. IO. CARF OF FACII IIIEs. 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, includirlg materials and labor, to N.C.A. N.C.A. will be responsible for any waste, damage, breakage, 7 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, -AND. All swim coaches, assistant coaches, and substitutes or agents of N.C.A. shall be experienced and competent. At all'times the Swim Complex is in use by N.C.A., a representative of N.C.A. 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 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. ASSlGNARll ITY. 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. INDEMNIFICATION. N.C.A. agrees to indemnify, defend, and hold City, its officers, agents, employees, and elected officials, harmless from any and all injuries, losses, damages, claims, demands, actions, liability, expenses or costs, including attorney's fees, which arise out of, or are in any way connected with N.C.A.'s use of the Community Swim Complex under this agreement. 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'provide the City with a certificate of liability insurance evidencing that N.C.A. has the liability insurance required in paragraph 15 below, and that the policy has endorsed or otherwise covers the contractual liability imposed by this agreement. 4 15. m. N.C.A. will obtain and maintain, at its sole expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with the N.C.A.’s use of the community swim complex under this Agreement. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best‘s Key Rating of not less than “A-V”. 15.1.1 .. N.C.A. will maintain the types of coverages and minimum limits indicted below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on N.C.A.’s indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by N.C.A. pursuant to this Agreement are adequate to protect N.C.A. If N.C.A. believes that any required insurance coverage is inadequate, N.C.A. will obtain such additional insurance coverage, as it deems adequate, at its sole expense. 15.1.2~ $1,000.000 combined single-limit per . .. occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 15.1.3~ Workers’ Compensation limits as . .. required by the California Labor Code and Employer‘s Liability limits of $1,000,000 per accident for bodily injury. Workers’ Compensation and Employer‘s Liability insurance will not be required if N.C.A. has no employees and provides, to City’s satisfaction, a declaration stating this. 15.1.4- Errors and omissions liability appropriate to N.C.A.’s profession . .. -? with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 15.2 .. .. N.C.A. will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 15.2.1 The City will be named as an additional insured on General Liability. 15.2.2 N.C.A. will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 15.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. .. 15.3 > Prior to City's execution of this .. agreement, N.C.A. will furnish certificates of insurance and endorsements to the City.. 15.4 .. If N.C.A. fails to maintain any of these insurance coverages, then City will have the option, in additional to any other available legal remedies, to declare N.C.A. in breach and immediately terminate this Agreement. 15.5 .. .. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 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: City of Carlsbad Recreation Director 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 NORTH COAST AQUATICS: North Coast Aquatics 4776 Brookwood Court Carlsbad, CA 92008 17. ". Any action at law or in equity brought by either of the parties for the purpose af enforcing a right or rghts prauided far by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county 18. AND ASSIGNS. It is mutually understood and agreed that this Agreement will be binding upon City and N.C.A. and their respective successors. 19. ENIEA!AGRFFMFr\lL This Agreement together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. Neither the Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. IN WITNESS THEREOF, the parties hereto have executed this agreement on the date first above written. NORTH COAST AQUATICS BY: JEFF P DATE: DATE: z- 5- 02. 2 -21-62 CITY CLERK 4