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HomeMy WebLinkAboutReso 1975-7811Form No. 342 Rev. 3/74 RESOLUTION N0. 7811 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN TFE CITY OF CHULA VISTA AND THE CHULA VISTA CITY SCHOOL DISTRICT FOR USE OF MUNICIPAL SWIMMING POOLS BY SAID DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, TEEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE CHULA VISTA CITY SCHOOL DISTRICT, for use of municipal swimming pools by said district dated the 15th day of July 19 75 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved, BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by _ ~~ Y Emerson Hall, Director of Parks & Recreation ADOPT°D AND APPROVED by VISTA, CALIFORNIA, this 15th day the followinc ;rote, to-wit: AYES: Councilmen NAYES: Councilmen ABSENT: Councilmen Nobel, t~ljC7'. ~-~Cew~- Mayor of the City of Chula Vista i ATTES~'~~ Z2Zfi~ /~'/~:~/~f~~~~/~i City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the Ci-ty of Chula Vista., California, DO Y.EREBY CERTIFY that the above is a full, true and correct cony of Resolution No. , and that the same has not been amended or repealed. DATED Approved as to form by i .~Fl~-moo i ., , Geor e D. Lindberg, City At rney the CITY COUNCIL of the CITY OF CFULA of July 1975 ~ by Scott, Hamilton None 1' V C' I P Y POOL USE AGREEMEIT BETWEEid THE CITY OF CHULA VISTA AND THE CHULA VISTA CITY SCHOOL DISTRICT THIS AGREEMENT, made and entered into this 15th day of July 1975 , by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the CHULA VISTA CITY SCHOOL DISTRICT, hereinafter called "School District". W I T N E S S E T H WHEREAS, Chapter 6 of Division 12 of the Education Code of the State of California authorizes counties, cities and school districts to cooperate with each other in the development and execution of adequate programs of community recreation, and WHEREAS, the City has provided the use of their aquatics facilities and instructor personnel for the School District's Learn To Swim Program, and WHEREAS, the City of Chula Vista has determined that an equit- able cost in the amount of $33.54 per hour for the use of Loma Verde and Park Way Pools be reimbursed to the City by the School District, and WHEREAS, the City and the School District now wish to enter into a formal agreement defining the responsibilities of both parties in connection with the use of the City's aquatics facilities by the School District. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: GENERAL PROVISIONS: The City agrees to cooperate with the School District in providing the use of Loma Verde. and Park Way Pools for the School District's Learn To Swim Program offered during the school year. The presumption upon which all sections of this agreement shall be inter- preted is that the City's programs and desires, along with other City authorized aquatics activities, shall in all cases and at all times, take precedence over the School District's, and that the School District shall use the aquatics facilities during such periods, and for such purposes, as the City may make the facility available. However, it shall further be understood between all parties to this agreement that the City shall make the facilities available to the School District mutually beneficial to the City and the School District to permit the use of the aquatics facilities. Such use by the District shall not be exclusive and the District may be required to share the pool facilities jointly with the City. It is further agreed that the School District will reimburse the City an equitable cost in the amount of $33.54 for the use of Loma Verde and Park Way Pools, this being the appropriate hourly charge for such pool use. The City shall have the responsibility of keeping the records of the hourly use by the District and upon demand to the District, said payments shall be made on a quarterly basis. The hourly rental charge is broken down as follows: LOMA VERDE: 1 lifeguard, 2 aquatics aides, 5 swimming instructors, plus the regular basic pool rental rate and 25~ administration over- head charge. PARK WAY: 1 lifeguard, 2 aquatics aides, 5 swimming instructors, plus the regular basic pool rental rate and 25% administration over- head charge. SUPERVISION AND CONTROL: At all times during which the pupils of district are using said aquatics facilities under this agreement, said pupils shall be under the immediate supervision and control of certificated employees of the district. -~~'~ r -, - ADDITIONAL SERVICES: The City, at the request of the School District, will furnish additional aquatics personnel for the School District's Trainable Mentally Retarded Learn to Swim Program. For these services, the School District will reimburse the City the average hourly rate of the personnel assigned, basic pool rental fee of $8.41 per hour and a 25g charge for administrative overhead. POOL MAINTENANCE The City shall assume all maintenance responsibility for the pool facilities and such costs will be the sole obligation of the City. INDEMNITY CLAUSE: As authorized by Government Code Section 895.4, District shall save and hold City harmless from any or all claims or causes of action for death or injury to persons, or damage to property resulting from negligent acts or omissions of District, its agents, and employees in connection with its use of said pool facility. As authorized by Government Code Section 895.4, City shall save and hold District harmless from any or all claims or causes of action for death or injury to persons, or damage to property result- ing from negligent acts or omissions of the City, its agents and employees resulting from or which may arise by reason of any dangerous or defective condition of City property, including the swimming pool facility which is the subject of this agreement, or by reason of a failure to maintain said swimming pool facility in a safe condition. DISTRICT INSURANCE: The District agrees to take out and maintain at its expense public liability insurance with an insurance carrier satisfactory to City to protect against the District's liabilities mentioned in the Indemnity Clause, and for damages on account of bodily injury, includ- ing death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of District or any person acting for District or under District's control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for District. Such insurance shall be maintained in full force and effect during the entire term of this agreement. A copy of said certificate of insurance shall be sent to the office of City. District agrees that this agreement shall termin- ate, in the option of the City, upon the effective date of the cancella- tion, termination, or suspension of any or all of the insurance policies heretofore mentioned, unless before such effective date District has acquirQd other insurance which, in the determination of the City, adeq- uately replaces the canceled insurance. CITY INSURANCE: The City agrees to take out and maintain at its expense public liability insurance with an insurance carrier satisfactory to District to protect against the City's liabilities mentioned in the Indemnity Clause, 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 - 2 - from any act or activities of City or any person acting for City or under City's control or direction, and also to protect against loss from liability for damages to any property of any person caused direct- ly or indirectly by or from acts or activities of any person acting for City or under City's control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement. A copy of said certificate of insurance shall be sent to the office of District. City agrees that this agreement shall termin- ate, in the option of the District, 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 City has acquired other insurance which, in the determination of the District adequately replaces the canceled insurance. CLOSURE OF FACILITIES: The City, after giving proper notice to the School District, shall reserve the right to temporarily close the aquatics facilities for reasons of health, safety or necessary repairs. TERMINATION OF AGREEMENT Should the City decide that the School District's activities interfere with the ~ tivities of the City, the City may terminate the provisions of this agreement upon 90 days written notice to the School District. ARRANGEMENTS FOR USE OF FACILITIES: The City's City Manager and the School District's Superin- tendent, or miscellaneous pointed representatives shall meet annually prior to the commencement of fall classes, for the purpose of preparing a comprehensive schedule for the use of the City's aquatics facilities, and determine annual charges consistent with the provisions of this agree- ment. It is further understood that an annual percentage increase in the hourly rate will be considered and such increases must be mutually agreed upon by both parties. EFFECTIVE DATE: The effective date of this agreement shall be July 1, 1975 IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA .~ ~i ~: Mayor of the City of Chula Vista ATTES City C er CHULA/VISTA CITY SCHOOL DISTRICT L/r~ i -yy- ~ `: rev-sKRt r ,,-P-C CCry S e intendent v-~.~ ~' ~u.f~- Secretary Approved as to form.by ~°.2~ George~D. Lindberg, City AttcSrhey Approved as to form: ROBERT G. BERREY, County Counsel By Deputy - 3 -