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HomeMy WebLinkAbout1995-11-07; City Council; Resolution 95-3080 0 1 2 3 4 5 RESOLUTION NO. 95-308 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 SAID AGREEMENT 6 /I WHEREAS, the City Council of the City of Carlsbad, California, does 7 11 resolve as follows: 8 9 1. That certain agreement between the City of Carlsbad and Nod Aquatics, to conduct a competitive swim program at the Carlsbad Commun 10 11 Complex, a copy of which is attached hereto and made a part hereof and is al: 12 I* 2. That the Mayor of the City of Carlsbad is hereby authorized and 13 in the City Clerk's office, is hereby approved. to execute said agreement for and on behalf of the City of Carlsbad. 15 16 17 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City C the City of Carlsbad, California, held on the 7th day of NOVEMBEp1995, by the ' 18 11 vote to wit: 19 I 20 21 22 23 24 25 26 27 28 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: - ALETHA RAUTENKRANZ, City Clerk ) 0 0 AGREEMJZNT FOR USE OF COMMlINITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND NORTH COAST AQUATICS THIS AGREEMENT, made and entered into this 14th day of NOVEMBER , 1995, by and between the City of Carlsbad, hereinaftel referred to as tlCity,lt and North Coast' Aquatics, hereinaftel referred to as IlN. C.A. It WITNESSETH WHEREAS, City desires to provide aquatic programs for thc 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 providinc a competitive swim program: and WHEREAS, City and N.C.A. desire to cooperate with each othe to allow use of the Community Swim Complex by those partie interested in competitive U.S.S. swimming: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. ADMINISTRATION. This agreement shall be administered o behalf of the City by the City's Aquatic Supervisor (hereinafte referred to as %upervisorl'). 2. DUTIES OF CITY. During the term of this Agreement, th City shall provide N.C.A. a pool facility for the purpose o conducting a U.S.S. affiliated swim team program. 3. USE OF FACILITY. The City shall make available fc N.C.A. non-exclusive use of the pool, deck areas, locker rooms an parking lot of the Carlsbad Community Swim Complex for up to 96 lane hours per quarter year during the term of this agreement Provided there is no conflict with other scheduled use, N. c. A. mz request additional lane hours. N.C.A. shall submit a specific lar 0 0 hours and facility usage request in writing to the Supervisor nc less than 5 working days in advance for the coming month. Failurc to submit the lane-use schedule on time will result in a penalty 01 $25 per day, due upon submittal of the lane-use request. Tht Supervisor is authorized to grant or deny such request. Tht Supervisor shall note any revisions or denied requests in writinc to N. C.A. within 5 working days of receipt of the monthly lane us( request. N.C.A. will use the Carlsbad Community Swim Complex only a: scheduled and approved by the Supervisor. Any cancellation 0: scheduled and approved use must be made to the Aquatic Superviso: no less than 5 working days in advance, or such canceled use wil: be billed as actual use. The Supervisor reserves the right to change the hours of USI to meet the City's needs. Notice of such change shall be given a. least five 5 working days prior to the change. Current U. S. S . card holders age 25 or younger who are curren. members of N.C.A. shall be the only persons allowed to swim i N.C.A. lanes. 4. PAYMENT FOR CITY SERVICES. In consideration for use o City's facilities and services during the term of this agreement N.C.A. shall pay to the City the rental fee of one dollar an ninety cents ($1.90) per lane per hour of use. The rental fee i subject to change as of July 1, 1996, as per the City Council' budget-related fee revision process. From October 1, 1995 through September 30, 1996, NCA will not b charged for the first fifty (50) lane hours over nine-hundred an sixty (960) lane-hours per quarter. Commencing October 1, 1996, n free lane hours shall be granted. 2 0 0 The rental fee is due and payable on the first day of tht month following the quarter billed. N.C.A. shall submit paymenl within ten (10) days of receipt of the billing invoice. If ful: payment of the amount due is not received on or before the tent1 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 br responsible for supervising and ensuringthe safety of participant: and observers: providing, getting out and storing all competitivl equipment used by N.C.A.; assisting in removing and replacing thi pool's insulating blankets; cleaning up the facility if necessar: due to N. C.A. . use : and reporting any injury, damage, theft, o mechanical problems immediately to the Supervisor. 6. SPECIAL EVENTS. N.C.A. may schedule and hold specia events such as swimming competitions during the term of thi agreement upon the prior written approval of the Supervisor. , request to hold a special event shall be submitted in writing nl later than one (1) month prior to the event. The Parks ani Recreation Director or his designee shall consult with the Ris Manager prior to approving personal injury and property damag insurance in an amount of no less than one million dollar ($1,000,000) covering the event. The insurance policy shall sho the name and address of the City as additionally insured and shal be approved by the Risk Manager. This insurance policy shall be i addition to the insurance specified in paragraph 14. N.C.A. ma charge admission for the special event. N.C.A. shall reimburse th City for any costs incurred by the City because of the specia event. 3 0 0 7. REVENUE. Except as stated in paragraph 4, all admissio 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 after a twl (2) year period. The City or N.C.A. may terminate this agreemen at any time by giving written notice to the other of SUC' termination and specifying the effective date thereof at leas thirty (30) days before the effective day of such termination Upon termination, N.C.A. shall remove all its property from thl facility. 9. ALTERATIONS. No alterations of any kind shall be made 0: done to the premises unless prior written approval has been securec from the Parks and Recreation Director or his designee. 10. CARE OF FACILITIES. N.C.A. shall give prompt notice tl 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 0: any private or public nuisance on the premises. When repair to thc facility due to N.C.A.'s use or damage is required, the City shal: perform the work and charge the cost to repair such damage including materials and labor, to N.C.A.. N.C.A. will bc responsible for any waste, damage, breakage, theft, or 10s: occurring from the beginning of N.C.A.'s period of use until thf next period of use by a person or entity other than N.C.A.. 11. EMPLOYEES AND AGENTS. All swim coaches, assistanl coaches, and substitutes or agents of N.C.A. shall be experience( and competent and shall provide a two-sided copy of the followin! certificates to the Supervisor PRIOR TO WORKING to include: A. Current American Red Cross: Emergency Water Safety ant Safety Training for Swim Coaches Certificates. 4 a 0 B. Current American Red Cross: Standard First Aid Certificate or above; and C. Current (within one year) Infant, Child, and Adult Cardio-PulmonaryResuscitationCertificate(s) fromeither 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 connectior with such employees and agents. 12. COMPLIANCE WITH LAW. N. C.A., at its sole cost an( expense, shall comply with and observe, and secure compliance ant observation with, all requirements of allMunicipa1, County, State or Federal ordinances, codes, statutes, or regulations now in fora or which may hereinafter be in force pertaining to the pool or tl the operation conducted thereon. 13. ASSIGNABILITY. N.C.A. shall not assign its rights o duties under this agreement or any interest in the same Individuals who are not registered members of N.C.A. shall b prohibited use of N.C.A.’s lane space during the time of use b N.C.A. 14. HOLD AND SAVE HARMLESS. City, its agents, officers, ar employees shall not be, nor be held liable for, any claims liabilities, penalties, fines, or for any damages to the good2 properties, or effects of N.C.A., or any of N.C.A.’ representatives, agents, employees, guests, licensee, invitee: 5 0 a 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.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 an1 and all cost and expenses, including but not limited to court costs and reasonable attorney’s fees, incurred by City on account of an1 such liabilities. To effectuate this clause, and as an additional requirement and not to relieve N.C.A. of the obligations imposed hereunder, or 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 thc State of California) covering bodily injury and property damagt including theft or vandalism, and reciting that N.C.A. has th< liability insurance as required in paragraph 15 below, and that tht policy has endorsed or otherwise covers the contractual liabilit] imposed by this agreement. 15. INSURANCE. N. C.A. agrees to take out and maintain at it: own expense liability insurance with an insurance Carrie: satisfactory to City, naming City as additionally insured, tc protect against the liabilities mentioned in paragraph 14, and fo: damages on account of bodily injury, including death resultinc therefrom, suffered or alleged to be suffered by any person 0: persons whatsoever resulting directly or indirectly by or from an: act or activities of N.C.A. or any personL acting for N.C.A. o 6 0 under N.C.A.,s control or direction, and als 9 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 ($1,000,000) , 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 cancelec insurance. 16. NOTICE. Any notice or notices required or permitted tc be given by this agreement may be personally served on the othei party by the part giving such notice, or may be served by certifiec mail, return receipt requested. Until written notice of change 0: address is given, mailed notices may be addressed to the parties ai the following addresses: CITY: City of Carlsbad Community Services Director 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 NORTH COAST AQUATICS : North Coast Aquatics 7821 Estancia Street Carlsbad, CA 92009 7 0 e 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 : T DATE : DATE : 94 Q- '25 November 14, 1995 &.Q.L CARLSB D CITY ATTORNEY //a €% 9 5 KAREN R. RUNDTZ, Assistant City Clerk NCAWCAJJSEAGR sCF4=& 12 19x 8