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Home My WebLink AboutReso 1981-10618 RESOLUTION NO. 10618 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUrA VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR USE OF CITY'S SWIMMING POOLS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Ci ty Council of the Ci ty of Chula Vista does hereby resolve as follON's: NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty of Chula Vista that that certain agreement between THE CITY OF CHUrA VISTA, a municipal corporation, and THE SWEETWATER UNION HIGH SCHOOL DISTRICT, for use of City's swimming pools dated the 8th day of September , 19 81, 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 Approved as to form by .~ of George D. Lindberg, City Attorney ADOPTED AND APPROVED CHUrA VISTA, CALIFORNIA, this 198 1, by the follON'ing vote, by the CITY 8th day of to-wi t: COUNCIL of the CITY OF September AYES: Councilmen Cox, McCandliss, Scott, Hyde, Gillow NAYES: Councilmen None ABSENT: Councilmen None ~ _c..)Ai..LrL{~~ . 'h-, -:2 qayor of the City of &11 Vista ATTE _'/~hl?_ ~~< City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHUrA 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Form No. 342 Rev. 7/81 POOL USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT, made and entered into this 8th day of September ,1981 , 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". WIT N E SSE T H : ----------- WHEREAS; Chapter 6 of Division 12 of the Education Code of the State of Galifornia 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 for special high school district activities, and WHEREAS, the City of Chula Vista has determined that an equitable cost in the amount of $10.50 per hour plus cost of staff assigned be reimbursed to the City by the School District for the use of 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 and Park Way Pools for the special aquatics programs of the School District during the school year. The presumption upon which all sections of this ~g~eement shall be interpreted 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 $10.50 per hour as the Basic Rental Fee. The Basic Rental Fee covers the use of the pool, operating and maintenance cost. In addition, the District will reimburse City for staff assigned to District's program. The City shall have the responsibility of keeping records of the hourly use by the District and upon demand to the District, said payments shall be made on a quarterly basis. STAFF SERVICES PROVIDED: The City will furnish one (1) lifeguard for the School District program. For these services, the School District will reimburse the City the wage rate of personnel assigned. The rate of personnel's hourly wages are set by the City's Sala~ and Wage Schedule adopted each year. Any additional personnel requested, School District will reimburse the City for the cost of providing the additional services. POOL MAINTENANCE The City shall assume all maintenance responsibility of the pool facilities and such costs will be the sole obligation of the City. - 1 - ~ _I ~ I. /? , r 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 result- ing from negligent acts or omissions of District, its agents, and employees in connection with its use rf 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 any dangerous or defect- ive condition of City pr6perty, 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 resultinq 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 from~ts 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 cancellation, termination, or suspension of any or all of the insurance policies here- tofore mentioned, unless before such effective date District has acquired other insurance which, in the determination of the City, adequately replaces the canceled insurance. CITY INSURANCE: The City agrees to take out and maintain at its expense public liability insurance with an in~-;llrilncc cilrriel: s~ltj,Rf.'lct.ory to District to protect against the City's liabilities mentioned in t.he 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~operty 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 ag reemen t. A copy of said certificate of insurance shall be sent to ~~e office of District. City ugr22s that ~hi3 agr62iliant shall te~~li~- ate, in the option of the District, upon the effective date of the cancellation, 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 Dis~rict, adequately replaGes the c,anceled insurance. - 2 - 11 - jNt'/f # . 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- ~endent, 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, and determine annual rental fees consistent with the provisions of this agreement. 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 September 8, 1981. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SWEETWATER UNION HIGH SCHOOL DISTRICT ~---1~ -, l,~A/o Mayor of the City~fOc!hrila Vista k~T~tfl,r:ff-I'--~ ~Ll~ lExttJI;l(t~llOOt1(<< $usiness Manager ~OOJX~x:XlOOix Approved as to form by Approved as to form: R08ERT G. BERREY, County Counsel _ D. Lindberg, City Attorney By Deputy R-/O&/f - 3 -