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Home My WebLink AboutReso 1981-10619 RESOLUTION NO. 10619 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUIA VISTA APPROVING AGREEMENT BE'lWEEN THE CITY OF CHUIA VISTA AND THE CHULA VISTA CITY SCHOOL DISTRICT FOR USE OF CITY'S SWIMMING POOLS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NCM, THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of Chula Vista that that certain agreanent between THE CITY OF CHUIA VISTA, a municipal corporation, and THE CHULA VISTA CITY SCHOOL DISTRICT, for use of City's swimming pools dated the 4th day of lIugust , 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 agreanent for and on behalf of the City of Chula Vista. Presented by Approved as to form by "tC\~ 1YJ rv~ \J . \l~ v Mark J. Pf ter, Director of Parks & Recreation r~ 4 George D. Lindberg, City Attorney ADOPTED AND APPROVED CHUIA VISTA, CALIFORNIA, this 198--L, by the following vote, by the CITY COUNCIL of 8th day of September to-wi t: the CITY OF AYES: Councilmen Cox, McCand1iss, Scott, Hyde, Gi110w NAYES: Councilmen None ABSENT: Councilmen None (,J &..0. --rIM ~ . ~~..? Mayor of the City of Chula ATTES ~~~~. _-----L-..~ Cit Cl rk tr STATE or' CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHUIA VISTA) 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATEDI---- City Clerk Form No. 342 Rev. 7/81 POOL USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CITY SCHOOL DISTRICT THIS AGREEMENT, made and entered into this 4th day of August, 1981, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and the CHULA VISTA CITY SCHOOL DISTRICT, hereinafter called "School Dis- trict." WIT N E SSE T H: ---------- WHEREAS, Chapter 10 of Part 7 of the Education Code of the State of Cali- fornia 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 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 Lorna 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 con- tained herein, the parties hereto agree as follows: GENERAL PROVISIONS: The City agrees to cooperate with the School District in providing the use of Lorna 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 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 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 for keeping records of the hourly use by the District and upon demand to the District, said payments shall be made on a quarterly basis. 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. School District personnel will supervise the dressing rooms during the Elementary Learn to Swim Program. X.-jObl? -1- 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 o~ bodily injury, including 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 main- tained 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 terminate, 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 ac- quired other insurance which, in the determination of the District adequately replaces the cancelled 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 ninety (90) days' written notice to the School District. ARRANGEMENTS FOR USE OF FACILITIES: The City's City Manager and the School District's Superintendent, or miscellaneous appointed representatives shall meet annually prior to the commence- ment 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 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 August 4, 1981, and this agreement shall continue from year to year unless terminated by either party upon a minimum of thirty (30) days' notice. 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 CHULA VISTA CITY SCHOOL DISTRICT fr- / 0 i! 7 L0JJ // ( , City of ,/ / 'j' ~71. Sup rlntendent J!~,<!/-L../l..--' Clerk Secretary -3- Approved as ,q form by h !/ {' /' e 1'( ,/\ __ L 'I . , Approved as to form: Donald L. Clark, County Counsel ;;j~..~ Attorney By: /s/ Christina L. Dyer -4-