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HomeMy WebLinkAbout1982-03-16; City Council; Resolution 6812i -e 4 1 2 3 4 5 6 7 8 9 10 11 1% 12 14 If 1E 17 1E 1E 2( 21 2: 2; 21 2: 2( 2'; 21 A RES JT 0 RESOLUTION NO. 6812 I OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A USE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NORTH COAST AQUATICS, GRAM AT THE CARLSBAD COMMUNITY SWIM COMPLEX AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. INC. TO CONDUCT A COMPETITIVE SWIM PRO- The City Council of the City of Carlsbad, California does iereby resolve as follows: 1. That certain agreements between the City of Carlsbad and the North Coast Aquatics, Inc. to conduct a competitive swim program at the Carlsbad Community Swim Complex, a copy of which is attached hereto marked "Exhibit A" and made a part hereof is approved. 2. That the mayor of the City of Carlsbad is hereby author- ized and directed to create said agreement for an on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of March , 1982, by the following vote, to wit: AYES: NOES Council Member Anear ABSENT: Council Mer Kuldhin Council Meahers Packard, Casler, and Lewis ATTEST : ( SEAL 1 .. b .. ' AGREEMENT FOR SWIMMING POOL BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS, INC. THIS AGREEMENT made and entered into this 17th day of March, 1982, by and between the City of Carlsbad, hereinafter referred to as "City", and the North Coast Aquatics, Inc. ,- herei,nafter referred to as 'IN. C . A. It W' I T N E S S E T H: WHEREAS, City desires to provide aquatic and physical programs for the general public, to include a United States Swimming competitive swim program: and WHEREAS, N.C.A. was formed for the specific task of .. .. providing a competitive U.S.S. program: and WHEREAS, City and N.C.A. desires to cooperate with each other to allow use of City pool by those parties interested in competitive TJ - S S . swimming : NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1.. ADMINISTRATION. This agreement shall be administered on behalf of the City of the City's Aquatic Supervisor (hereinafter referred to as "Supervisor"). 2. DUTIES OF CITY. During the term of this agreement, City shall provide N.C.A. a pool facili.ty for the purpose of conducting a competitive U.S.S. program. $ 3. USE OF FACILITY. .- The City shall make available for N.C.A. non-exclusive use of the- Carlsbad. Community. Swim Compiex for the following days and times for the term of this agreement: . From Marc11 17, 1982 to June 16,. 1982 for a total of twenty (20) hours per week: Monday through Friday, 3:30 6:30 p.m. Provided there is no conflict with other schedule'd use, N.C.A. may request an .. .. a I additional 5 hours per week during the period ending June 16, 1982. The Parks & Recreation Director or his designee is authorized to grant or deny such request. From June 17, 1952 to September 17, 1982 for a total of fifteen (15) hours per week: Monday through Friday 6:30 - 9:30 a.m. The Parks and Recreation Director or his designee reserves the right to change the specific hours of use to meet the City's needs. Notice of such change shall be given two days prior to the change . N.C.A. will use the facility only during times specified, unless prior written approval is given by the Aquatic Supervisor. , 4. PAYMENT FOR CITY SERVICES. 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 minimum sum of Four Hundred and Ninety Dollars ($490.00) per month. The City shall receive an additional Seven Dollars ($7.00) per month for each member enrolled over 70 members. N.C.A. shall submit the name, address, phone number and age of each participant for emergency and accounting purposes. N.C.A. shall submit the payment calculated according to Paragraph 4 and attendance and hourly use reports no later than the 15th day of each month following the month reported. Pool time in excess of that established by the time schedule will be billed on a monthly basis at the standard rate of Forty Dollars ($40.00) per hour. - . 5. DUTIES OF N.C.A. The members of N.C.A. will be responsible for setting up and taking down all competitive and safety equipment; removing and replacing the pool's insulating blankets, - 2- 0 opening and locking up the facility; cleaning up'the facility after use: and reporting any injury/negligence, damage, theft or mechanical problems immediately to the Aquatic Supervisor. I 6. SPECIAL EVENTS. N.C.A. may schedule and hold special events including swim competitions and exhibitions during the term of this agreement upon the prior written approval of the Parks and Recreation Director. A request to hold a special event shall be submitted in writing no later than two weeks prior to the event. The Parks and Recreation Director shall 'consul-t with the Police Chief and Fire Chief prior to approving the event.. N.C.A. shall be responsible for obtaining additional personal injury and property damage insurance in an amount of not less than $1,000,00@.00 covering the event. The insurance policy shall name th.e City as an additionally insured and. shall be approved by the City Manager. This insurance policy shall be in addition to the insurance policy specified in Paragraph 16. 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. This paragraph shall not apply to special events sponsored and conducted by the City. 7. REVENUE, Except as stated in Paragraph 6, 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. TERMINATION. This agreement shall terminate on September 17, 1982., 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 days before the effective day of such termination. 'Upon termination N.C.A. and all persons claiming by, through, or under N.C.A., shall immediately remove a11 their property from the facility. -3- 0 .I e 9. ALTERATIONS. No alterations of any .kind shall be made or done to the premises unless prior written approval has been secured from City. 10. WASTE - CARE OF PREMISES. N.C.A. shall give prompt notice to City of any damage to'the pool facilities. not commit , or suffer to be committed, any waste or N0C .Ao shall injury or private or public nuisance on the premises. the City shall perform the work and charge the cost to repair such When repair is required, damage, including materials and labor, to N.C.A. facilities issued shall he the responsibility of N.C.A. and shall not be duplicated or loaned and, if lost, all locks shall be immediately replaced at N.C.A.'s expense. waste, damage, breakage, theft or loss occuring from the beginning of N.C.A.'s period of use until the next official period of use by a All keys to . N.C.A. will be responsible for any .. person or entity other than N.C.A. 11. EMPLOYEES AND AGENTS. All swim activity supervisors, coaches, assistant coaches and agents of N.C.A. shall be experienced and competent and shall be licensed to include: PRIOR TO WORKING: A. American Red Cross Advanced Lifesaving certificate . and/or current American Red Cross Water Safety Instructor certificate. WITHIN THIRTY (30) DAYS: B. Current American Red Cross First Aid certificate; from either the American Red Cross or the Heart Association. These certificates are to be v,erified.by the Aquatic Supervisor during the first two weeks of initial hire of new -4- .. 0 * .* 'employees and a copy of certification retained on file by department. In the event that the certificates are not verified during those time periods or they are not current or the employees do not have them, the City will give forty-eight (48) hour written notice to the representative of M.C.A. At the end of the forty-eight (48) hour time period, a fully qualified.lifeguard must be present on deck at all times the 5301 is utilized with the.non-certificated person on ' deck, including morning workouts. At all times, the facilities are in use by N.C.A., an individual pos'sessing these certificates shall be on deck supervising. All such individuals and agents shall be agents of N,C.A. .only and shall not in any instance he; OK be construed to be, employees and/or agents of City. N.C.A. shall provide and shall maintain in full force. at all times, all worker's compensation insurance required by law in'connection with such ' employees and agents. 12. COMPLIANCE WITH LAW. 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. ASSIGNABILITY, N.C.A. shall not assign its rights or duties under this agreement or any interest in the same. Individuals who are not registqred members of N.C.A. shall be prohibited use of facilities during the time'of exclusive use by N.C.A. - 14. HOLD AND SAVE HARMLESS. City, its agents, officers and employees shall not be, nor be held liable for any claims, liabilities,.penal.ties; fines or for any damages to the goods, - 5- .. 0 i properties or effects of N.C.A. or any of N.C.A.'s representatives, agents, employees, guests, licensees, 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 omission of N.C.A. in or about the pool, or by or from any act of omission of any person or by or from any defect in any part of the'predses 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 a11 cost and expenses, including bat 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 W.C.A. of the obligations imposed hereunder, on or before the effective date of this agreement, N.C.A. shall deliver to City a certificate of bodily injury and property damage including theft or vandalism, liability insurance issued by a company licensed to transact such business in the State of California, reciting that N.C.A. has the liability insurance as required in Paragraph 15 below, and that the policy has endorsed OK otherwise covers the contractual ' liability imposed ,by this agreement. 15. INSURANCE. N.C.A, agrees to take out and maintain at its own expense public liability insurance with an insurance carrier satisfactory to Citry, naming City as additionally insured, to protect against the liabilities Inentioned 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 dire,ctly or indirectly by or from any act or -6- t. v e 0 activities of W.C.A. or any person acting for N.C.A. under N.C.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 €or 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 not less than One Nillion Dollars ($1,000,000.00), combined single limit, for each occurrence. A copy of said certificate of insurance shall be sent to the office of the Purchasing Office of City. N.C.A. agrees that this agreement shall terminate, at the optionLof City, upon the effective date of the cancellation, terminating or suspens'ion 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 cancelled insurance. 16. NOTICE. Any notice or notices required or permitted to be given this agreement may be personally served on the other party by the party giving such notice, or may be served by. certified mail, return receipt requested. TJntil written notice or change of address is given, mailed notices may be addressed to the parties at the f ol lowing addresses : CITY: N.C.A. City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Jeff Pease. 1604 Caminito Asterisco La Jolla, CA 92037 18. ENTXRETY. The entirety 0-f the agreement between the .. parties is set forth herein. 'e e' b. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the-aate first above written. NORTH COAST AQUATICS, INC. CITY OF CARLSBAD r' Mayor ..