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HomeMy WebLinkAboutReso 1972-6638Form No. 342 Rev. 9-71 RESOLUTION N0. 6638 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR POOL USE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and the SWEETWATER UNION HIGH SCHOOL DISTRICT for pool use dated the 24th day of October 1972 which is attached hereto and incorporated herein, the same aspthough 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 Approved as to form by E. Emerson Ha , irec or o George D. nd erg, City Attorne Parks and Recreation ADOPTED AND APPROVED by the CITY COUNCIL of VISTA, CALIFORNIA, this 24th day of October the following vote, to-wit: the CITY OF CHULA 1972 by AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ATTE~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I' City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk ~ ~ I POOL USE AGI:T;I,P7ENT RET6~lEIN TIIE CTTY OF CIIULA VISTA AND TIIE SWEET'~~JA`i'ER UNION HIGII SCHOOL DISTRICT THIS AGREE^1ENT, made and entered into this 24th day of October 1972, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the SWEETWATER UNION HIGH 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 treir aquatics facilities for special high school district activities, and WHEREAS, the City of Chula Vista by Resolution No. 5803 dated September 18, 1970 has determined that an equitable cost in the amount of $6.25 per hour be reimbursed to the City by the School District for the use of the Park Way and Loma Verde Pools, 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 a:.d i ark Flay Pools for the special aquatics programs of the School District 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 for special events or programs as well as such times as it may be 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 $6.25 per hour as a standard rental for such pool use. The hourly charge covers the use of the pool and one lifeguard for on deck supervision, and all maintenance costs. 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. ADDITIONAL SERVICES: The City, at the request of the School District, will furnish additional aquatics personnel for School District programs. For these services, the School District will reimburse the City the average hourly rate of the personnel assigned, plus an additional 25~ charge for admini- strative overhead. -1- ~~~~ POOL, I~IAINTF_.NANCE The City shall. assume all maintenance responsibility of the pool facilities and sucl: costs will be the sole obligation of the City. INDEP"'INITY 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 "result- ing 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 resulting from negligent acts or omissions of the City, its agents, and employees resulting from or which may arise by reason of ary dangerous or defect- ive 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 direct- ly or indirectly by or fro.« 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 the office of City. District agrees ate, in the option of the City, upon termination, or suspension of any or tofore mentioned, unless before such other insurance which, in the determ replaces the canceled insurance. of insurance shall be sent to that this agreement shall termin- the effective date of the cancellation, all of the insurance policies here- effective date District has acquired ination of the City, adequately 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, 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 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 directly 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. -z- ~'G6 ~ ~ . s 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 cancellat=ion, termination, or suspension of any or all of the insur- ance 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 activities 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 appointed 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, consistent with the provisions of this agreement. EFFECTIVE DATE: 1972. The effective date of this agreement shall be October 24 , Iiti 'vvITivESS WffEicEOF, the parties hereto nave caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~ (-'~ -, .~ ~ ;, ,/ Mayor of the Ci y of Chula Vesta ATTEST - ~ "!~ ~~~~ City Clerk Approved as to form by l ,`~ _~ George D. Lindberg, City Attorney SWEETWATER UNION HIGH SCHOOL DISTRICT i t uper'nt dent ~ Secretary This agreement was. approved the Board of Trustees on October 26, 1972 ~~xx~~.xx~ Approved as to form: ROBERT G . BERREY ~/,~County Counsel ~, -3- ~~~ ~~' Sweetwater Union High School ~ District ADMINISTRATION CENTER 1130 FIFTH AVENUE CHULA VISTA, CALIFORNIA 92011 ~T ~~,r f r ~. DIVISION OF BUSINESS SERVICES ~'` ,~~.~~ ~~ ~~ ~`~ ~~ ~. ~, ~-~ ~` `d `' `N~~~ November 8, 1972 City of Chula 276 Fourth Avenue Chula Vista, CA 92010 Attention: Ms. Jennie M. Fulasz, City Clerk Gentlemen: Attached for your file is a copy of the approved Pool Use Agreement between the City of Chula Vista and the Sweetwater Union High School District. In reference to the District insurance provisions of the agreement, a certificate of insurance for your file has been mailed to the attention of Mr. Dennis Smith, Parks and Recreation Department by the District's insurance carrier. In reference to the City's insurance provisions, may we request that the City furnish the District a certificate of insurance for our files. Thank you for your cooperation. in this matter. Sincerely, ~~'. W. Tucker Business Manager JWT.cih Enclosure cc: Mr. Rindone Mr. Skiles Accounting Mr. Jolliff Dr. Padelford, CPHS Mr. O'Donnell, CVHS d> ;` F. F F ~ , ~_~ ~ s ~~ y, A {~ + i ~ f °, " I ` ~i /' i i Sweetwater Union High School District ADMINISTRATION CENTER 1130 FIFTH AVENUE CHULA VISTA, CALIFORNIA 92011 DIVISION OF BUSINESS SERVICES October 27, 1972 City of Chula Vista Parks and Recreation Department P. 0. Box 1087 Chula Vista, CA 92012 Attention: Mr. Dennis Smith Gentlemen: On October 26, 1972, the Board of Trustees of the Sweetwater Union High School District approved the Pool Use Agreement between the City of Chula Vista and this District for the 1972-73 school year. Attached are four (4) copies of the agreement for signature. Please return all copies of this agreement upon execution by the City Council in order that we may forward the agreement to County Counsel for approval as to form. In compliance with the District Insurance clause of the agreement, we have requested the District's insurance carrier to forward a certificate of insurance to your attention. Thank you for your cooperation. Sincerely, ,.~ , ~J'. W. Tucker Business Manager JWT:cih Enclosures cc: Mr. Rindone Mr. Skiles Mr. Jolliff Mrs. Hoover Mr. Creaser fir,, K . ~• r..._ ....... ~; - ~~ UNITED PACIFIC , INSURANCE COMPANY 1 ~...~:.=a~.s.... _ ...i A MEMBER OF UNITED PACIFIC INSURANCE GROUP HOME OFFICE: TACOMA, WASHINGTON CREASER, PRICE INSURANCE AGENCY ~F ~I~~U~~~CE 1,: F//c~1 ou Outc of ('bis Cc•rtificnte Thls is to certify that the policy described below has been issued by the UNITED PACIFIC INSURANCE COMPANY, as insurer, only to the insured named below. Any requirements or any provisions in contracts or agreements between the insured and any other person, firm or corporation shall not enlarge, alter or amend the definition of insured or any of the terms, conditions, exclusions, or limitations of the policy described below. That policy, subject to all of its limitations of liability, coverages, hazards, exclusions, provisions, conditions and other terms, is in full force and effect as of the date this certificate was issued. Name of insured SWEETWATER UNION HIGH SCHOOL DISTRICT 1130 - 5TH AVENUE, CHULA VISTA, CALIFORNIA Address of insured Policy Number SCS 11241 Effective 'j-1-72 Expires 7']-7~ COVERAGES ~ LIMITS OF LIABILITY MULTIPLE LIMIT PLAN: Bodily Injury Automobile $ Each Person $ Each Occurrence Liability Other than Automobile $ Each Person $ Each Occurrence $ Aggregate Products- Completed Operations Property Damage Automobile $ Each Occurrence Liability Other than Automobile $ Each Occurrence $ Aggregate SINGLE LIMIT PLAN: Bodily Injury Liability Automobile $rj 000 000 Each Or.rurrence Property Damage Liability Other than Automcbile $ 5, 000, 000 Each Occurrence G 5 ~ 000 ~ OQO Aggregate In accordance with the above, the captioned policy insures the liability of the insured named above arising from (1) operations by or on behalf of the insured, or (2) premises or property used by or on behalf of the insured in connection with such operations; subject, however, to all the provisions, exclusions and limitations of the policy. The policy provides, under the Insuring Agreements, contractual liability coverage with respect to any contract or agreement wholly in writing. Such contractual coverage is subject to all the exclusion s, conditions and other provisions of the policy. NOTICE This certificate is issued as a matter of information only and, as such, neither affords any insurance nor confers ony rights upon the holder, It neither affirmatively nor negatively amends, extends or alters the coverage afford- ed by the policy identified above. Except as specifically provided for in this certificate, United Pacific Insurance Company has no duty to notify the party to whom this certificate is addressed as to any changes or cancellation of the policy and shall not be be responsible For any failure to do so. /,,~ Date 11-3-72 ~" `t ~`~~-~- ~ _ '- - _ v ~- ~-1, ., , , . ~~.,,. To CITY OF C>:~ULA VhSTA CRF"S~.' jr,.CE ' ~,..3r'.' ~~~t,_,r~f PARKS AND RECREATION DEI'r . t ____~. Address P 0 13Q}; 10~3~ Countersigne ~! ~~'~' ~~ ~ ~ ALIT H07IZED EPRESENTATIVE cxUZA vzsrrA, cRI~r.92012 ATTN : DEI~INIS SP11TI'H ll~7~ ~ lh ~ E. J / ~" x.694 7-70 _ r ~ ~ ..,~ ,,