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HomeMy WebLinkAboutReso 1973-6861RESOLUTION NO. 6861 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SOUTHhTESTEF.N COLLEGE SL~IIMMING POOL USE AGREEMEl`dT BET4~~EEIQ THE CITY OF CHULA VISTA AND THE SI^7EETWATER COP•'t~SUNITY COLLEGE DISTRICT, AND AUTHO- RIZING THE MAYOR TO EXECUTE SAID REVISED AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, certain disagreements between the Sweetwater Community College District, previously known as the Sweetwater Junior College District, and the City of Chula Vista in regard to the apportionment of charges for the use of the swimming pool at Southwestern College constructed pursuant to a Joint Powers Agree- ment between said parties have arisen, and WHEREAS, it is now desired to amend said agreement by eliminating therefrom all of Section 7, Direct Charges for Pool Operation, and providing in Section 3 thereof an hourly fee of $8.50 for such periods of time as tine City utilizes said facility for public use, anc?. by further amending Section 8 of said agreement specifying assignment of responsibilities for the maintenance and operation of the facility to the College District, and renumbering Sections 8 through 22 to Sections 7 through 21 respectively. NOW, THEREFORE, BE IT RESOLVED that the certain revised agreement between the City of Chula Vista and the Sweetwater Com- munity College District for use of the Southwestern College Swimming Pool, dated the 15th day of clay , 1973, 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 authorzied and directed to execute said revised agreement for and on behalf of the City of Chula Vista. Presented by Emerson Ha11, Director of Parks and Recreation Approved as to form by --°~, : ~ a~ ,~ George Lindberg, City Atto~ ADOPTED AND APPP.OVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 15th day of r,ray , 19~, by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen None ATTEST ~ , ~ fir` City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) A Mayor of the City of Chula Vista I, City Clerk of Chula Vista, California, DO HEREBY CERTIFY that the above true and correct copy of Resolution No. , and that been amended or repealed. DATED the City of is a full, the same has not City Clerk + SOUTHWESTERN COLLEGE SWIMMING POOL USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER COMMUNITY COLLEGE DISTRICT THIS AGREEMENT, made and entered into this 15th day of May 19 73 , by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City, " and the SWEETWATER COMMUNITY COLLEGE DISTRICT, hereinafter called "College District"; WITNESSETH: 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, Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes public agencies to contract with each other to jointly exercise a power common to said contracting parties, and WHEREAS, City and College District have mutually entered into a contract for construction of a swimming pool facility by execution of a Swimming Pool Construction Agreement, dated January 22, 1970, and WHEREAS, City and College District now wish to enter into a revised use agreement delineating the respective rights of the parties for the use of said facility. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows; GENERAL PROVISIONS: 1. Basic Joint Use. City and College District agree that said swimming pool facility shall be jointly used by the parties in the manner provided by this agreement. The presumption upon which all sections of this agreement shall be interpreted is that the College District's uses, programs and desires shall in all cases and at all times, take precedence over City's; and that City shall use the facility only during such periods, and for such purposes, as College District may make the facility available. However, it shall further be understood between all parties to this agreement that the College District shall, in fact, make the pool facility available to the City during the summer vacation period each year as well as such times as it may be mutually beneficial to the City and College District to permit the City's use of the pool. 2. Incorporation of Construction Agreement. It is agreed that this agreement and the previously executed construction agreement shall be considered jointly and the terms of each shall be regarded as augmenting and supplementing the terms of the other, and each shall include and be conditioned by the other. The term of this agreement shall be for a period of thirty (30) years from __ ,/~~ ~(o /~ the date of execution, subject to the termination and modification procedures as set forth herein. 3. Charges to City for City Use of Pool. College District, as proprietor of the Southwestern College Swimming Pool, shall charge the City for such periods of time as the City may obtain the use of the facility for public use. The hourly fee for such usage shall be $8.50 per hour. It is further understood that an annual percentage increase in the hourly rate will be considered prior to each summer season and such increase must be mutually agreed upon by both parties. The per hour charge accessed by the College District for the pool use provides compensation for chemicals and operation supplies, custodial care, mechanical maintenance and pool maintenance and other items directly related to the care and upkeep of the facility. The City in addition to hourly charge will be responsible for payment of telephone service during its period of use. 4. Responsibility for Costs of Facility. City shall have no responsibility for costs relating to College District use of the facilities. No provision of this agreement shall prohibit arty party to this agreement from installing and maintaining, at its respective expense, such appurtenant equipment as is peculiar to its respective needs and uses. Such equipment may include, but not be limited to, for College District: swimming pool covers for cleanliness and winter heat retention, instructional aids, and competitive items; and for City: lounging area sun shades, cashiering equipment, clothes bags, water show accessories, and similar items. 5. Use of Vending Machines. Neither vending machines nor any other means of distributing food or drink shall be installed or permitted in or adjacent to the pool area, provided, however, that the parties to this agreement may, after reviewing the operation of the swimming pool in accordance with the terms and conditions contained herein, mutually agree to the installation of said vending machines. 6. Review of Schedules and Programming of Use of Swimming Pool Facility. City's City Manager and College District's Superintendent/President, or their appointed representatives are hereby authorized and directed by the respective parties to meet annually for purposes of preparing a comprehensive schedule and program for use of the swimming pool facility consistent with the provisions of this agreement. The presumption upon which such scheduling and operational responsi- bilities shall be based shall be that enumerated in Section 1 of this agreement. 7. Maintenance and Operation of Facility. The maintenance and operation of the pool and related areas shall be the responsibility of the College District at all times excluding any repairs or additions which may be agreed upon by the College District and the City by separate agreement. All College District personnel assigned to pool maintenance shall be responsible to the appropriate College District Supervisor, with whom Ciry's Aquatic Manager shall consult with regard to maintenance matters. ~/ ~j/ 8. ~ Emergency Repairs/Health and Safety Problems. College District shall have the sole discretion, after notifying City, for any determination regarding temporary closure of the facility for reasons of health and safety or urgent repairs. 9. Apportionment of Costs during Temporary Closure of Facility. In the event the facility is partially damaged by fire or other cause, or in the event that repairs or maintenance requirements not specifically set forth in this agreement should necessitate the closure of the facility for a limited period, any operation and maintenance costs during said period which are included in the hourly fee as specified herein shall be prorated between the City and College District on the same 'percentage basis as each agency's proration of costs was established by the operations of the preceding fiscal year. If the cost of such repairs, whether or not closure of the facility is necessary, is not covered by the insurance as required herein, it shall be borne by the party operating the facility during the period in which the damage occurred, 'providing that cause and responsibility can be attributed to the negligence of any party; otherwise the cost of repairs shall be borne by the two agencies according to their percent of 'participation in the direct costs during the preceding fiscal year. if said pool is totally destroyed or is damaged to such extent that, in the opinion of the parties, the same cannot be economically repaired, this agreement shall cease and be terminated. 10. Hold Harmless and lnsurance. Insofar as it is legally authorized, College District shall hold harmless and free from liability City, members of its City Council, boards or commissions, its officers, agents or employees while acting as such, from all damages, costs or expenses which may arise by reason of liability imposed by law because of injury to property or injury or death of persons received or suffered by reason of use of said swimming pool and appurtenances, while under supervision of College District. Insofar as it is legally authorized, City shall hold harmless and free from liability College District, members of the Governing Board, its officers, agents, servants and employees, while acting as such, from all damages, costs or expenses which may arise by reason of liability imposed by law because of injury to ~properry or injury to or death of persons received or suffered by reason of use of said swimming pool and appurtenances, while under the supervision of City. Each agency (City and College District) agrees to maintain in full force and effect during the life of this agreement insurance against liability for injury to person or property with minimum limits of THREE MILLION AND NO/100 DOLLARS ($3, 000, 000.00), naming the other agency as co-insured or additional insured, and shall provide a copy of its insurance policy to the other agency as the case may apply. ~~ ~~ 11. Fire lnsurance. College District shall keep and maintain in full force and effect during the term of this agreement, fire insurance, including extended coverage, insuring the Ciry and College District against loss by fire of any facility, building or accessory erected or constructed in connection with this agreement. 12. Termination. This agreement may be terminated at any time after final acceptance of the col pleted facility and compliance with all included sections of its companion Construction Agreement, in the following manner: by City upon ninety (90) days' written notice to College District; and by College District upon ninety (90) days' written notice to City and payment to City of their respective share of construction costs as set forth in the Construction Agreement, depreciated by a straight-line method over a term of thirty (30) years, or under the provisions of this agreement relating to the damage and destruction of the facility; and this Use Agreement may also be extended and/or modified at any time by mutual action of the parties. SPECIAL PROVISIONS: 13. Use of Swimming Pool During School Term; by College District. During the regular school year, excluding summer sessions, the College District shall administer and operate the facility for instructional, competitive, and such other purposes as it may desire. 14. Use of Swimming Pool During School Term; Special Events, City Use. During the regular school year, City may, from time to time, request the use of the swimming pool facility for special events or programs, and for recreational swimming during evenings, Saturdays, Sundays, and holiday periods. Ciry shall 'pay College District the hourly fee of such use. Hourly fee shall be as provided herein. 15. Summer Period; City Use, Administration and Direction of Facility. During the summer period, City may use, administer and direct certain programs at the facility, in the manner set forth in this agreement. Such use may include determination of hours, rules for use mutually agreed upon, employment of such personnel by the City as are necessary for the effecient operation of the recreational programs and activities at said pool, including, but not limited to, pool manager, life guards, locker room attendants, cashiers and other necessary aspects of program management. College District desires City to employ College staff and students in aforementioned positions when and wherever possible so long as they qualify under City personnel requirements. The City shall be responsible for the maintenance of good order and conduct in the use of said swimming pool facilities, buildings and parking areas during such times. The premises shall be used by City in keeping with the best accepted practices to assure proper standards of conduct, safety, cleanliness and health. City shall be responsible for enforcing College District's adopted rules for the operation and use of the facility, and shall make no rules which are not consistent with College District's adopted rules. ~~~~/ ~~ 16. City Fees for Use of Pool. Due to the specialized staff and extra expense required to operate a community swimming program, City reserves the right to collect reasonable fees from participants during the periods when City controls the pool facility; provided, however, that students regularly enrolled in District's physical education classes or officially sanctioned athletic programs and desiring to use the pool for swimming activities in connection therewith shall not be charged a fee for such use. 17. City Rules and Regulations. City also reserves the right to control admission to the facility when being used by City, based upon reasonable rules and regulations. City agrees to inform College District of all rules and regulations prior to their final adoption. 18. Provision of Equipment for City Programs. College District shall not provide any towels, suits and other necessary items needed for City's programs. Such items, if provided by City, shall be stored separate and apart from College District's similar equipment. 19. Special Events by College District. During the summer vacation period, College District shall have use of the facility for special purposes as the need arises. One week (7 days) prior notice of such use for special purposes shall be given to the City and said special purposes will be reviewed and coordinated with the City. 20. Availability of Facility. During the summer period, College District shall make available to City during such periods of City use, all required facilities in connection with the swimming pool. These facilities shall include parking areas, the pool area including equipment spaces, locker rooms with showers and, in addition, pool office, restrooms, storage space, spectator restrooms and bleachers. 21. Responsibility for Damage Accepted by Agency Operating Facility. Except for damage caused without fault or by act of God, or by persons or instrumentalities not under the control or supervision of the agency supervising the use of the facility at the time, any damage to physical facilities shall be the responsibility of the agency supervising the use of the facility at the time. If damage occurs to the facilities while being used by City, City shall reimburse College District for the cost of repairs. The facilities shall be returned to College District in the same condition as when received, except for normal wear and tear resulting from usage. oe~~~~ ~~~ IN WTT.NESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA ~ l '-~ Mayor of the City of hula Vista SWEETWATER COMMUNITY COLLEGE DISTRICT z ~. a 7 ~ ~~ Supe ntendent/ resident -, ~, ATTEST ,- ,L,1Z ~ /~~ ~ ~' {~. ~ ~ / ~"~ 1 LF~ . ~ .~~ _rt~~~ ~-. ~~ _. City Clerk Secretary Approved as to form by i Approved as to form by / ~ F r~ ~ .7 ~ ;/~ ~ George D. Lindberg, City Attorney Robert B. Hutchins, Deputy County Counsel, County of San Diego