HomeMy WebLinkAbout1982-09-07; City Council; Resolution 7006.
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RESOLUTION NO. 7006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A USE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE NORTH COAST AQUATICS, INC. TO CONDUCT
A COMPETITIVE SWIM PROGRAM AT THE CARLSBAD COMMUNITY SWIM COMPLEX AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT. --____---
The City Council of the City of Carlsbad, California does
hereby 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 and 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
7tkday of , 1982, by the following vote, to wit:
AY E S : Council Menhers Casler , Lewis, Kulchin, Chick and An-
NOES : None
ABSENT: Nme
MARY H. dASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk b-
USE: AGLIEEXENT FOR SWIM COMPLEX BETWE1r’:T.i
THE CITY OF CAKLSZAD
AHD
NOKTf-i COAST AQUATICS I INC.
THIS AGREErIENT made and entered into this 8th day of
September, 1982, by and between the City of Carlsbad, hereinafter
referred to as “City” and the 1Torth CoasL Aquatics, Inc., hcrej.nafter
refesred to as “N.C.A.”
I rr N E s s E T 1-1:
WHEREAS, City desires to provide aqtlatic and physical
programs for the general. public, to include a UniLed States i;\rinniing
competitive svim progran; and
KI-ICREAS, N,C,A. was formed for the specific ‘.ask of providiiig
zri insczuctional underwater diving prog-rzm; and
to allow use of City pool by those yartLes interested in ::kin and
referred to %s “Supervisor“)
compc~itivc U.S.S. program.
3. USE OF FACIL,I‘i’Y. -- The City shall make avsilabLe ior
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1)i.C .A. ncnexclusive UBC of the Carl sbad Coil-.munity Swim Coinplcx For tl~e
Iollowii..g d~ys and tixes for the term of tfii-s agreement:
From Septer,ibcr 8, 1962 to February 28, 1983 for a eotal of
a request an additional 5 hours per week during the peri-od ending
February 28, 1983. The Parks Sr Recreation Director or his designee is
authorized to grant or deny such request',
The Parks and Recreation Dii-ector or his designee reserves
the right t~ change the specific hours of use to meet the City's
needs. T\Toticc of silcl1 change shall be given at least tuo days pi:ior
to the change.
W.C./~. w;ll use the f,:cility only during times specified,
unless prior written approval is given by the Aquatic Supervisor.
4. 'PAYMENT FOR CITY SERVICES. In coasideraCion for use ~f
I__"x -----.- .--&/l-____l-
City's facilities a.nd services during the t:ern: of this agreement,
Njnety dollars ($490.00) per month. The City slizll receive an
additiortal seven dol-lars ($7.00) per morlth fox each cieillber enrol led
of each participant for cmer;ency irnd accGUnt ;n,p purposes,
rJ.c.A, sliall submit the p:iy~nent calculated zccording to
Parsgrt.ph 4 and hcur1.y use reports no later tha7-I the 15th day of esch
respoinsible for setting up and taking down all competitive anti scifery
equip:r.ent: ; rerr,ovi.ng and replacing the pool '6 insulating blanket:;
openin:: and 1ocl:i.n:: up the facility; cleaiii.~g up the facility after
a
6. SYEClhL EVENTS. N.C .A. may schedule and hold spccial I_-.--.-.,--,.L___‘”_____
events includi.rig swim competitions and exhibitions during the tern of
this agreement upon the prior writteen approval oir the Parks and
Recreation Director. A request to hold a special event shall be
submi’ited in writing no later than two veeP;s prior to the event. The
Paarks and Recreation Director shall coiisillt with the Police Chief axd
Fire Chief prio to approving pcrs~nal injury and property dai;t?ge
incurance in an avount of not less Lhan $1,03O,OC!0.00 covering the
event. The ir.suronce pol.icy shall name the City as an additionally
insured and shall he approvcd by the City I1anager. This insurance
poL?-c;- shall be in addition to the iusux-aance policy specified in
Paragrayl- 16. N.C.R, may chcrge admission for the special event.
N.C.A., shall reimburse the City for ally costs inc.urrcd by the City
becruse of ‘rhe special event. This paragrarh shall not zpply to
5peci a1 events spoiisored and co~ducted by the City.
7. REVERL’!;. Except 2s state6 in Paragraph 6, all admission
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fees, dues and orher ‘revenue derived fro~ the operstion of N.C.h,
shall be collected by and belong tc N.C.A.
7. TERIfZNATION. T11i.s agreement shall termixiace OR -_-._^-
February 28, 1583. City or N,C,A. mny termiriate tkFs agree:r.ent a’i
aiiy time by giving writfen notice to the other of such termination
and specifying the effective date t‘ne~eof at least thirty days before
the effective da.y of such termica~i-on. Upon tcrminztien N.C.A. 2nd
all persons, claiming hy, through, or under N.C,A. shall immediately
remove all their property from th2 facility.
8. ALTERATTOXS. No alterations of any kind ?hall. be made or
I__-^_ -. ~
done to the premises unless prior written approval has been secured
from City.
9. 'WASTE - CARE OF I'KCMTSJ.:!:. R.C.A. shall give pror?:pt -I._. -"--.IIII---- .--_I
:lotice to City of aay damage to the pool facil.itics. bT,C.A.. skta11
nor; commit, or sufi-er to be conmitted, tlzy waste or injury or slay
private or publ-'c nu.isance 011 the ~jrenises, T vrhen 7. repair is required,
the City shall perform the work and cliargc the cost to repair such
damage, including materials acd. labor, to N.C.A, A11 keys to
fac.ilj-ties issued shall be the responsibility of N.C.A. and shall not
be dupl-icated or loaned and, if lost, a1.i locks shall be immediately
replaced at N.C.h.'s expense. N.C.A. wiPL be responei.ble fo~: any
wastt?, damage, breakage, theft cf loss occuririg from the beginning of
N.C.A.'s period of use a.ntil the next official period e:? use bl7 a.
person or entity c'ihcr than N.C.A.
10. 1ZF:PLOI'EXS RED AGRFTS All swim hctivity siIperviso:s, .~__*--___------- -,.- _--../-
cozches, assistant coach.es and agents of b1.C .A. sha1-l be cx~erien.ced
and competent and shall. be licensed to incltlde:
A. firnerican Red Cross Advanced Li fesaving certifi ccite
2r,d/or current America3 ltcd C~oss Water Safety Instructor
certificate.
W1'I':iIN 1'IIlRTY (35 1 DAYS:
C. Curreni: Americar, Ked Cross First Aid certificate;
ii ri d
I>. ~urrent Cai-dio I)ul:nonary ResucciLat ion certificate
from eithci- the Ariericon lied Cross or the Heart Associati or1
'I'Iiase ccrtifica~es arc to be verified by thc Aquatic
Super\jisor during the first two weeks oi initial hire of new
employecs ard a copy of ccrtification retained on lfilc by department
In the event that the certificates are not verified during those
time p~riods or they 2re nor curreiit or the employees do not have
them, the Cir-y will give forty-eight (48) hour written riotice to the
representative of I?.C.h, At the end of Lhe forty-eight (48) hotrr
time period, a fully qualified. lifeguard must be present on deck at
all times the pool is utilized with the non-certificated person on
deck, including r;-,orning v~~rkotits. At all. times, the facilities arc
in use by N.C,A. afi individual possessing these certilicates shall
be on deck supervising. ,411 such fndividuals and agents shall be
;gcr;ts of N.C.B. only a.nd shall. not in any instance be, or be
coi2str3eci to be, exiployees znd/or agents of City. iii.C.h. slial?.
provide and shall ivaintei13 in full force at sll tlmes, all wor!:e?p's
compensscion iiinuvacce requ.ired by las in cocri:ict ion wi";i such
emy 1oyc':s and agents .
11. C~NPLIGNCE YTTH. LAW, N.C.A., at its sole cost end --"----------_.-_--_--~-
expense, olhall conply with and 0bz:erve and sec~re CoiGplisnce ail6
observation with I all requirexents of all- Municipal, County, State or
Fec?. ere1 ordinances, codes I statuter; or regulations now in force or
which rLlay hereinafter be in lorce pertaining to the pool. or to tiic
GperZit i0Ti CondUCted therC;ll.
12. ASSLGNABILIl Y. N.C.A. shall not assign its rights CY "-.-I
duties under this agreement or any interest in the same, Individuals
W~G are riot regist:ered. mc.73:)~~~ of i<'.C.h. shn3.P be prehibitccl USC-: of
facilrtics during the time of exclusive u::e by N,C.A.
. 13. iIorAD hNT) SAVE RARMI,ESS. City, its agents, officers and "__I__I,_.__. -.,--.- ~-.-~.--
cmpl-oyees shall. not be, nor be held. liable for any claims,
liabilities, penalties, fines or for any damages to the gocds,
properties or efcects of N.C.A. or any of N.C.A.'s representatives,
agents, emplcyces, gii~sts, licensees, invitecs, patrons or clientele,
or of any othes persons whatsoever, or €os personal. injur-ies to, os
deat11.5 of them, or arip of them, whethcr caused by or resulting from
any acts or omissicia or' N.C.A. in or about the pool, or by or from any
act of omission of any perso'n or by or fro^ any defect in any par!: of
the premises or from any other cau.se or reason vhctsoever. N.C.A.
further agrees tc; hold and save free and harmless, the City and its
authorized agents officers and enpl.oyees agai.nst any of the
foregoing Liabilities, and to pcy an)' and ~?il cost ant1 expenses,
inclu.dj-ng buL not limi-ted to court costs and reasonab1.e rttorncy 's
fees, incurred by City cjn a.ccocnt of any .such l.i-akilitiec.
To effectuate th%s clause aiid as an atlditiono l sequireinent
and not to relieve N.C,A, of the obligations imposed hereunder, or? or
before the effectiire date of this agreement N.C.A. shall deliver to
City 2 certificate of bodily injury and property trlzmage inclucling
theft or vanclallsm, lj.ability insvrancc i-ssued by a coixpany liccnoec?
to transact such business in the State of California, reciting that
U. S.R. 1ia.s the 1.iabil.ity insurance 2s required in Parazraph 15 below,
arid that the pol.icy has endorsed or otherwise covers the contrac.tual
liability i.iXpOS@i? b17 this agreement.
14. INSURhRCE. M.C.A, agrees to take out and maintain at
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its ovn c?xper,sc pr.if)li.c liability insurance with an insuroilce carrier
satisfactory to City, naming City 2,s additionally insured, to protect
0 against the liabilities mentioned ;ii Paragraph 14, and for daxiages on
account of bodily injury, including death resulting therefrom,
suffered or alleged to hc silfLCeretl by any person or persons
whatsoever resuiting directly or indirectly by or froin any act or
activlti.es of N.C.B. os a:iy person acti-ng for N.C.A. under N.C,A,‘s
control or direction, and also to protect against loss from Li.abil.ity
for danages to or theft or vandalism of any pi-opcrty of any person
caused directly or indirectly by or from acts or activi-ties of any
person acting for U.S.R. or under W.C.A.’s control or direction.
‘Such insurance shal.1 be maintained in full force and effect during
the entire term of this agreement in an amount of not less than One
Million Dollars ($?.,OOO,OOO.OO)l combined single liniit, for each
occurrence.
A copy of said certificate of insurance shall be sen:: to the
0ffi.c~ of the Purchasj.ng Office of City. W.C.A. agrc:es that thIs
date of the canccllation, terininsting or suspension of any or all of
the insurance poli~cies heretofore mentioned, unless before such
effective date N.C.A. has acquired other insurance, whj.c;-hl irr
deterninot;.on of City, adequately replaccs the caincelled i~cur-ance.
15. M0I”6Cre Any notice or notices recju:.red or permitted to
be given Chis agreement. may bc personally served on the other party
1. by the party g~.vi.ng such notice, or may be served by certified mail,
return receipt requested. Until itten ten notice or change of nddress
is giYhveti, mailed ~otices may be addressed to the parties at the
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CITY:
N.C.A.
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92308
Jeff Pease
1604 Caminito Aster isco
La Jolla, CA 92037
16. ENTIRETY. The entirety of the agreement between the ---.--
parties is set forth herein.
TN WITNESS WIiERF,CP, Lhe payties hereto have executed this
agreerii.cnr on the date first a.bovc wri tt.en.
NORTH COAST AQUATICS TNC CITY OF CARLSBAD
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