HomeMy WebLinkAbout1999-12-14; City Council; Resolution 99-518\
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RESOLUTION NO. 99-518
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
WHEREAS, the City Council of the City of Carlsbad, California, does h
resolve as follows:
I. That certain agreement between the City of Carlsbad and North 1
Aquatics, to conduct a competitive swim program at the Carlsbad Cornu
Swim Complex, a copy of which is attached hereto and made a part h
and is also on file in the City Clerks office, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and direct
execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Gc
of the City of Carlsbad, California, held on the 14th day of DEC , 1999, b
following vote to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ABSENT: None
ATTEST:
Clerk
KAREN R. KUNDTZ, Assistant City Clerk
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RESOLUTION NO. 99-518
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
WHEREAS, the City Council of the City of Carlsbad, California, does t.
resolve as follows:
1. That certain agreement between the City of Carlsbad and North
Aquatics, to conduct a competitive swim program at the Carlsbad Comn
Swim Complex, a copy of which is attached hereto and made a part t
and is also on file in the City Clerk's office, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and direct
execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City CQ
of the City of Carlsbad, California, held on the 14rh day of DEC , 1999, b
following vote to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ABSENT: None
ATTEST: cG&vG
ALETHA TkdKRAa, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
AGREEMEN IWOR USE OF COMMUNITY OVIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND
f NORTH COAST AQUATICS
THIS AGREEMENT, made and entered into this&- %& day of & , 1999, bb
and between the City of Carlsbad, hereinafter referred to as 'City," and North Coas
Aquatics, hereinafter referred to as "N.C.A."
WITNESSETH
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
Ci 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.C.A. a pool facility for the purpose of conducting a U.S.S. affiliated swim team program.
3. USE OF FACILITY. 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 for the coming month.
Failure to submit the lane-use schedule on time will result in a penalty of $25 per day, due
upon submittal of the lane-use request. The Supervisor is authorized to grant or deny
such request. The Supervisor shall note any revisions or denied requests in writing to
N.C.A. within 5 working days of receipt of the monthly lane use request.
N.C.A. will use LIWCarlsbad Communw Swim Coma only as scheduled anc
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 suct
canceled use will be billed as actual use.
The Supervisor reserves the right to change the hours of use to meet the City':
needs. Notice of such change shall be given at least five 5 working days prior to the
change.
Current USS card holders age 25 or younger who are current members oi
N.C.A. shall be the only persons allowed to swim in N.C.A. lanes.
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
rental fee of two dollars and ten cents ($2.10) per lane per hour of use. The rental fee is
subject to change as of July 1, 2000, as per the City Council's budget-related fee revision
process.
The rental fee is 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 penalty fee will be added
to the amount due.
5. DUTIES OF N.C.A. 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.
6. SPECIAL EVENTS. 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
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than one (1) month priom the event. The Community Sew a Director or his designe
shall consult with the Risk Manager prior to approving personal injury and propert
1 - damage insurance in an amount of no less than one million dollars ($1,000,000) coverin!
the event. The insurance policy shall show the name and address of the City a!
additionally insured and shall be approved by the Risk Manager. This insurance polic)
shall be in addition to the insurance specified in paragraph 14. N.C.A. may chargc
admission for the special event. N.C.A. shall reimburse the City for any costs incurred b)
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 to
N.C.A.
8. TERMINATION. This agreement shall terminate after a two (2) year period.
The 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 (30)
days before the effective day of such termination. Upon termination, N.C.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.
IO. CARE OF FACILITIES. N.C.A. shall give prompt notice to the Supemisor 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, including materials and
labor, to N.C.A.. N.C.A. will be responsible for any waste, damage, breakage, 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..
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11. EMPLOP L! AND AGENTS. All swim coace, assistant coaches, anc
substitutes or agents of N.C.A. shall be experienced and competent and shall provide i
t two-sided copy of the following certificates to the Supervisor PRIOR TO WORKING tc.
include:
A. Current American Red Cross: Emergency Water Safety or Lieguarc
Training and Safety Training for Swim Coaches Certificates.
B. Current American Red Cross: Standard First Aid Certificate or above; and
c. CUrf'ent (within one year) Infant, Child, and Adult Cardio-Pulmonary
Resuscitation Certiicate(s) from either 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 andlor 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. 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 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. HOLD AND SAVE HARMLESS. City, its agents, officers, and employees
shall not be, nor be held liable for, any claims, liabilities, penalties, fines, oh for any
damages to the goods, properties, or effects of N.C.A., or any of N.C.A.'s representatives,
agents, employees, guests, licensee, invitees, patrons, or clientele, or of any other
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persons whatsoever, umr personal injuries to, or death& 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 holc
and save free and harmless, the City and its authorized agents, officers, and employee5
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 Cj on
account of any such liabilities.
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 deliver to the Risk Manager a certificate of liability insurance,
(issued by a company licensed to transad such business in the State of California)
covering bodily injury and property damage including theft or vandalism, and reciting that
N.C.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.
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15. INSURAhm. N.C.A. agrees to take out and mntain at its own expense
liability insurance with an insurance carrier satisfactory to City, naming City as additionally
I insured, to protect against the liabilities mentioned 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 directly or indirectly by or from
any act or activities of N.C.A. or any person acting for N.C.A. or 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 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 ,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.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 canceled insurance.
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16. NOTICE. w notice or notices required or peaed to be given by this
agreement may be personally sewed 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 01
address is given, mailed notices may be addressed to the parties at the following
addresses:
CITY: City of Carlsbad Community Sewices Director 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989
NORTH COAST AQUATICS : North Coast Aquatics 4776 Brookwood Court
Carlsbad, CA 92008
17. ENTIRETY. The entirety of the agreement between the parties is set forth herein.
date first above written.
NORTH COAST AQUATICS CITY OF CARLSBAD fl
IN WITNESS THEREOF, the parties hereto have executed this agreement on the
BY:
DATE: DATE:
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' 4Y" l Id :J%"fL &L--..y&-J&
CARLSBAD CIWA NEY
KAREN R. KUM)TZ, Assistant City Clerk
WDRMlY WCSRiGWUX-USEAGR 9D Oc%beI 28 l9BQ
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