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HomeMy WebLinkAboutReso 1971-6092 , ~ ~ Form No. 342 "Rev, 11-69 RESOLUTION NO. 6092 RESOLUTION OF THE)CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING-AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER JUNIOR COLLEGE DISTRICT FOR USE OF THE SOUTHWESTERN COLLEGE SWIMMING POOL 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 ag.reement: between THE CITY OF CHULA VISTA, a municipal corporation, and the SWEETWATER JUNIOR COLLEGE DISTRICT for use of the Southwestern College swimming pool dated the 27th day of May is attached hereto and incorporated herein, set forth herein be, and the same is hereby , 19 71 , a copy of which the same as though. .fully 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. Approved as to form by William G. Jasinek, Parks and Recreatio George City ~ ADOPTED AND APPROVED VISTA, CALIFORNIA, this 15th following vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA day of June , 192.!..-, by the AYES:' . Councilmen Hyde, NAYES: Councilmen None ABSENT: Councilmen /ATTEST~ /);; \~~/' V ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. amended or repealed. DATED , City Clerk of the City of Chula that the above is a full, true and , and that the same has not been .' City Clerk SOUT5WESTERN COLLEGE SWIMMING POOL USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER JUNIOR COLLEGE DISTRICT THIS AGREEI1ENT, made and entered into this 27TH day of MAY , 1971, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the SWEETWATER JUNIOR COLLEGE DISTRICT, hereinafter called "College District"; WIT N E SSE 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 an:<J, execution of -adequate programs of community recreation, and WHEREAS, Article 1 of Chapter 5 of. Di vision. 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 swimrrling 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 an agreement delineating the respective- rights of the parties for the use of said facility upon its completion. 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 faclllty 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 College District1s uses, pro- grams 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 College District shall, in fact, under normal operation of this agreement, make the facility available to City during the sum- mer vacation period of.each year as well as such times.as it may be mutually beneficial.to City and College District to permit the City's use of the pool.. . 2. Incorporation of Construction Aqreement. It is agreed that this agreement and the previously execut~d construction agreement shall be considered joiri:tly. 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 the date of execution, subject to the. termination and modification procedures as set forth her~in. . 3. Charges. to City for City Use of Pool. College District, as proprietor of the Southwestern College Swimmlng Pool; shall charge the City for such periods of time as the City may. obtain the use of the facility for the general public those direct costs for the operation of the pool during said period as set forth herein, and shall include all of the identifiable costs related to the operation of the swimming pool for such periods of time that the pool is used by the City during each ~espective fiscal year. -1-. J< ej~ to 9'2 4'. Responsibi Ii ty for Costs of Faci Ii ty. City shall have no responsibility for costs relating to College District use of the facilities. No provision of this agreement shall prohibit any party to this agreement from installing and maintaining, at its respective expense, such appurten- ant equipment as is peculiar to its respective needs and uses. Such eguip~ent may include, but not be limited to, for College District: swimming pool covers for cleanliness and winter heat retention, instruc- tional 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 Swimrninq Pool Facility. City's City Manager and College Distrlct's Superintendentl 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 responsibilities shall be based shall be that enumerated in Section 1 of this agreement. 7. Direct Charges for Pool Operation. College District shall provide and pay for water, gas, electricity and other utilities, including telephone service, provided, however, that City may maintain telephone service to the swimming pool, which service shall be restricted to City use and the cost thereof shall be paid directly by the City. The direct charges for the operation and maintenance of the swimming- pool which shall be chargable to the using party shall include sw~mrning pool chemicals and other special articles and supplies which are hereby defined as inclusive of any such items necessary for the use of the physical swimming pool plant, such' as chlorine, neutralizi-ng alkali, lubricating -oils, light -bulbs and other similar operational supplies or items. Cqllege District shall provide or cause to be provided the labo~ and m~intenance force and those necessary materials for custodial care of locker and toilet areas in addi tien to the care and operation of the pool (;i.ncluding, vacuuming arid chemical applications or other plant treatment required to maintain the facility in top operational condition) and does hereby assume the responsibility for such maintenance exclusive of such items of routine repairs which may be agreed upon by College District and City to their mutual benefit by separate agreement. . 8. Care and Operation of Facility. The terms "care" and "operation" shall mean such expenses in connection with the use of the physical plant as cleaning, disinfecting, heating, lighting, wate~ and similar items which are regularly incurred; and.in addition to such items, it shall also include the salaries for necessary ,maintenance employees' time, and replacement of original small equipment at a unit cost not in excess of FIFTY DOLLARS ($50.00) at the time of replacement. The term "maintenance" shall mean routine.expenditures for minor repairs to the equipment, swimming pool,. other included buildings or portions thereof, heating, ventilating and filtering plants, the repair of. windows, hardware, plumbing, and minor emergency repairs of similar .nature, and preventive -rna"intenance procedures. Th~ term. "maintenance '.' -" shall not include expendi- tures for major repairs 'to or replacement of the swi~~ing pool,' other 'necessary buildings, heating, ventilating, filtering plants, plumbing . ~r electrical fixtures, or other equipment Of such type, nor any expenses with a unit cost plus labor in excess of FIFTY DOLLARS ($50.00). The maintenance and operation of the pool and related areas shall be the responsibility of College District at all times, except for routine maintenance excluding any repairs as may be agreed upon by College and City by separate agreement. All College District personnel assigned to pool maintenance shall be responsible to the appropriate College District Sup~rvis?r, with whom City's Aquatics Manager shall consult with regard to.maintenance matters~ - -2- 12,D. ,"oH. 9. 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. 10. Apportionment of Costs durinq 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 as direct costs as specified herein shall be prorated . between the City and College District on the same percentage basis as each.agency's proration of direct costs was established by the operations of the preceding fiscal year. If the cost of. such repairs, whether or not closure of the facili ty 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 by 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 precefl_ing fiscal year. If said pool is totally destroyed or is damaged to such an extent that, in the opinion of the parties, the s~e cannot be economically repaired, this agreement shall cease and be terminated. 11. Hold Harmless.and Insurance. 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'~oard, 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 property or injury to or death of persons received or suffered by reason of use of said swirruning pool and appurtenances, while' under the super- vision of City. Each ag'ency {City and College District}. agrees to main- tain 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/IOO 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. 12. Fire Insurance. College District shall keep and maintain in full force and effect during the term of this agreement, fire insurance, including extended coverage,. insuring the City and College District against loss by fire of any facility, building or accessory erected or.constructed in connection with this ag~eement. 13. Termination. This agreement may be ~erminated at any time after final acceptance of the completed 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 ~ .term .of thirty (3D) yeal.-s, or under the provisions of this agreement. relatlng 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 pa~ties. . SPECIAL PROVISIONS: . 14. Use of Swinuning Pool During School Term; by College District. D~rln~ the regular school year, excluding summer sessions, the College Dlstrlct shall administer and operate the facility for instructional com- o , . , petltlve, and such other purposes as it may desire. J)p:: . l"\..:'-eJ . -3- lRa9?- 15. Use of S\vinuning Pool Duri.ng 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 pro- grams, and for recreational swimming during evenings, Saturdays, Sundays and holiday periods. City shall pay College District the direct cost of such use. Direct costs shall be determined as provided herein. 16. 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 agree- ment. 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 efficient 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 anp parking areas during such times. The premises shall be used by City in keeping with 'the best accepted practices to assure proper standards of cGnduct, safety, cleanli- ness and health. City shall be responsible for enforcing Cotlege 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. 17. 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. 18. 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 Distr,ict of all =ules and regulations prior to their final adoption. 19.. Provision of Equipment for. City Programs. College District shall not provide any towels, suits and other necessary items needed for Ci ty' s programs. Such items, if provided by City, 'shall' be stored separate and apart from College District's similar equipment. 20. Special Events by College District. During the summer vacation period, College District shall have use of theofacility 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.. 21. Availability of Facility. During the summer period, College District ~hall make available to City, during such periods of City use, all required facilities in connection with the swimming pool. These facilities shall- include par~ing area~: the pool area including equipment spaces, locker rooms with showers and,. in addition, pool office,. restrooms, storage space, spectator restrooms and b~eachers. ., 22. 'Responsibility for Damaqe Accepted by Agency Operating Facll1ty. Except for damage caused ~'lithout 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 responsiblity of the agency supervising the use of the 'facility at the time. If damage occurs to the facilities while being use,d by City, City shall reimburse College District for the ,cost of repairs. The facilities shall be returned to College District ln the same condition as when received, except for normal wear and tear resu~ting from usage. -. -4- ~, (oO'n. I':. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. ayor of the C1 y of Chula 1sta ATT#~ fJ?dj~__ .. City Clerk' Approved as to form by George D. Lindberg, City Attorney SWEETWATER JUNIOR COLLEGE DISTRICT (l ,. I Super1ntendent Secretary AP~rov d. as to f~orm by ~ . . /-1./ / / .'f;:-P';.. . . r V'/~...v'?G-........... I. ./ . -... . f z/7 f Robert B. Hutchins, Deputy County Counsel, County of San Diego THIS AGREEMENT WAS APPROVED BY OFFICIAL ACTION OF THE GOVERNING BOARD ON MAY 27. 1971. SIGNED ;;L:t;- ~ 49A-r<=.-- SECRETARY - ;5- Re5, b092