HomeMy WebLinkAboutReso 1989-13932 RESOLUTION NO. 13932
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TWO COOPERATIVE FACILITIES USE
AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE
SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE CHULA
VISTA CITY SCHOOL DISTRICT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the attached Cooperative Facilities Use
Agreements set forth the conditions, insurance requirements and
hold harmless and indemnification language between the city and
the two school districts and eliminates the need for the parties
to obtain an insurance certificate for each use of the other's
facilities during the year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that those certain Cooperative Facilities
Use Agreements between THE CITY OF CHULA VISTA, a municipal
corporation, and THE SWEETWATER UNION HIGH DISTRICT and THE CHULA
VISTA CITY SCHOOL DISTRCT, copies of which are attached~hereto
and incorporated herein, the same as though fully set forth
herein be, and the same are 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 agreements for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
Martin A. Nelson, Director of (~.~mas J~ H~rron, City Attorney
Personnel
5146a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th dolt of January
19 89
--, by the following vote, to-wit:
AYES: Councilmen: McCandliss, Nader, Malcolm, Moore
NAYES: Councilmen: None
ABSTAIN: Co~x;ilmen: None
ABSENT: Councilmen: Cox
MAYOR PRO TEMPORE
ATTEST "' Clerk ' ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Cdifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correcf copy of
RESOLUTION NO. 13932 ,ond fhof the some hoe nor been omendedor repeoled.
DATED -
City Clerk
COOPERATIVE FACILITIES USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE CHULA VISTA CITY SCHOOL DISTRICT
THIS AGREENENT, made and entered tnto t~ts 17th day
of j,,.,~y , by and between the CITY OF CHULA VZSYA, a
i
munic pal corporation, ~i~t"nafter called 'City',
CHULA VISTA CITY
and the
SCHOOL DISTRICT, heretnafter called 'School District' or 'District.'
WITNESSETH:
WHEREAS, Chapter 6 of Division lZ of the Education Code of the State
of California authorizes counties, ctths and school districts to cooperate
with each other in the development and execution of adequata programs of
co~mnunity recreation, and
WHEREAS, the School Distrlct provides the use of tts facilities for
special City recreational acttvtths, and
WHEREA~. the City provtdes the use of its facilities for special
School District activities, and
WHEREAS, the City and School District now wish to enter into formal
agreement defining certain responsibilities of both parties in connection with
the use of each other's facilities, and
WHEREAS, this agree~nt is intended to supersede any Hold Harmless,
Indemnification and Insurance lan uage contained in the Application and Permit
for Use of Facilities (Fonm A-140~0/4-88).
NOW, THEREFORE, in consideration of the mutual covenants and
conditions contained herein, the parties hereto agree as follows:
I. GENERAL PROVISIONS
A. The City and the School District agree to cooperate in
providing use of each other's fac111ths during the term of this agreement.
Facilities wtll include, but not be 1trotted to gymnasiums, coumm~ntty center,
ballfields, and tracks,
B. It is understood that the parttes to this ngreement shall
make thetr respective factlttles available for spectal events or recreational
programs and other such times as it ls mutually beneficial to each party.
C. The City .hall furnish', at no expense to the District,
personnel to conduct and supentse recreation activities conducted by the
Ctty. These personnel are not employees of the District,
The Dtstrlct shall furnlsh, at no expense to the City,
personnel to conduct and supervise spectal event activities conducted by the
DIstrict. These personnel are not employees of the City.
O. Upon each others approval, the City and the Distrfct may
place materials and equipment for conducting recreation or special event
acttvfttes on the other's property.
[. The Cfty and the Dtstrtct agree to obey all ruhs
associated with the use of each otherts properties,
F. SInce School Dl strict properths and fact1 t ties 'are
tntended primarily for school purposes and for the beneftt of youth of school
· -~e, (n schedulln9 activities on school grounds, Dlstrtct's requirements will
have priority.
S(nce City properties and facilities ar~ Intended pr(martly
fr~r City purl~Jses and for tht benefit of the public, tn scheduling activities
on City prolyzrty, Ctty's requirecents wtll have priority.
z !. NAZNTENANCE
A. The City agrees to Install, repetr and maintain all
Ctl;y-owned equipment used for recreation programs conducted by City.
B. The School D1strtct agrees to tnsta11, repair and maintain
all School-owned equipment used for programs or special events conducted by
the School District.
C. The CIty and School Dtstrtct agree to repatr or replace, or
reimburse each other for the cost of repatr or replacement of any damaged
structures, equ(pment, vegetation, or facilities wned by the other party when
such damage ts a direct result of that party's use.
! ! Z. EXTENT OF AGREEI4ENT
Thts Agreement supersedes any Hold Harmless, Tndemntftcatton and
znsurance language contained tn the Application and Permit for Use of School
Fact1 tttes (Form A-140(10)/4-88).
IV. TERN OF AGREDeENT
This agreement shall be annual and automatically renewed-each
year unless wrftten nottce tn accordance with Sectton V ts g~v*.,: b~ either
party.
V. TERNZNATZON
Thls agreement may bc terminated b~ either party, at any ttme,
by gtvtng 30 d~s wrttten notlce of such,
-2-
V I. I NTENOED USES
Withtn 60 days of the si~ning of thts Agreement and after each
automatic annual renewal, the parties may suhmtt to each other the anticipated
uses of the other parties' facilities for the upcoming year. These
submissions shall not rule out any unanttctpatad requests for facilities use
that may arise durtng the year.
VII. INDEHNIFICATION - HOLD HARI~.ES$
A. The School Dtstrtct agrees to indemnify and hold harmless
the City of Chula Vista against and from any and all damages to property or
equipment and appurtenances or injuries to or death of any person or persons,
Including e~ployees, agents, representatives or officers of the City, and
shall defend, tnde, mtfy and hold harmless the City, its officers, agents,
representatives and employees, from any and all claims, demands, $utts,
actions or proceedings of any ktnd or natjJre, of or by anyone whomsoever, in
any way resulting from oP arising out of the negligent or intentional acts,
errors or omissions of the School Dtstrtct or any of its officers, agents,
representatives or mployees tn the performance of this agreement.
B. The City of Chula Vtsta agree to indemnify and hold
harmles~ the School District against and from any and all damages to property,
equipment and appurtenances or injuries to or death of any person or persons,
t nc1 udt ng amp1 oyees, representatives, officers or agents of the School
District, and shall defend, Indemnify and hold harmless the School DIstrict,
its officers, agents, representatives and employees, from any and all claims,
demands, sutts, actions or proceedings of any kind or nature, of or by anyone
whomsoever, in any way resultIn from arising out of the negligent or
Intentional acts, errors or omissions of or
the CIty of Chula Vista or any of
officers, agents, representaUves or employees in the performance of this
agreement.
VIII. INSURANCE
A. The School District shall, throughout the duration of this
Agreement, maintain comprehensive general public liability and property d~age
tnsurance covert ng all operattons hereunder, tts agents, officers,
representatives and employees, including but not limited to personal in u~,
bodily injury, premises and automobile, with minimum coverage o.' $1 miltion,
in the form of a Certificate of Insurance and Policy Endorsement which names
the City as Additional Insured, evidence of which shall be submitted to the
City Clerk at 276 Fourth Avenue, said policy or policies shall provide thirty
(30) days written notice to the City Clerk of cancellation of material change.
B. The City shall, throughout the duration of this Agreement,
maintain comprehensive general public liability and property damage insurance
covering all operations hereunder, its agents, officers, representatives and
employees, including but not limited to premises, personal injury, bodily
injury and automobile, with minimum coverage of $1 million, in the form of
Certificate of Znsurance and Policy Endorsement whtch names the School
Dtstrtct as A~ltlon~l [nsurt~l, evtdence of ~htch shall be submitted to the
School Dtstrtct at 84 East "J" Street,' hid. poltcy or policies $hall provide
~htrty (30) d~ys ~rttten rmtlce to the School District of cancellation or
material change.
The School Otstrtct and the City reserve the right to revfe~
specific events or progres and detormiw~ that h(ghlr or lower Insurance
11roles B~y appl.v.
ZX. For purposes of adMn~stratton of thts agreement, the Dtrector
of Parks ~nd Recr~tton $hall act for and represent the Ctty of
Chula ¥tste and the Assistant Superintendent for Busthess
Nanagaaent sh~11 act for and repres,nt th~ School DIstrict.
IN liZTNES$ lt}EREOF, the parths hereto have caused this
Agreement to be executed the day and year first heretnabove set forth.
CZTY OF CHULA YZSTA CHULA VZiTA CZTY SCHOOL DZSTRICT
l~yor, Ctty~bf ~ula Vista Nan ness"
Approved by the Board of Education
~PC 0755K Of the'Chula Vtsta Ctty School
District on December 6, 1988,
-=-.-- :.1 .................il ................................................'1 ..........II ..........I
COOPERATIVE FACILITIES USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT
THIS AGREE:liNT, rode and entered into this 17th day
Of January , 1989 by and between the CITY OF CHULA VISTA, a
munl~'lpal corporation, "h"~after called "City", and the SWEETWATER UNION
HIGH SCHOOL DISTRICT, heretnafter called "School District,"
HZT~ESSETH:
WHEREAS, Chapter 6 of Dtvtston 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
conre;unity recreation, and
WHEREAS, the School District provides the use of its facilities for
special City recreational activities, and
WHEREAS, the City provides the use of its facilities for special
School District activities, and
WHEREAS, the City and School District now wish to enter into formal
agreement defining certain responsibilities of both parties in connection with
the use of each other's factlitie. s, and
WHEREAS, this agreement is intended to supersede any Hold Harmless,
Indemnification and Insurance language contained in School District Policy
#1300 and related Application and Permit for Use of School Facilities and
Grounds.
NOW, THEREFORE, t n con st deratt on of the mutual covenants and
conditions contained herein, the parties hereto agree as follows:
I. GENERAL PROVISIONS
A. The City and the School District agree to cooperate in
providing use of each other's facilities during the term of this agreement.
ball fields, tracks, auditoriums, meeting rooms, and
B, Zt is understood that the parties to this agreement shall
make their respective facilities avatleble for special events or recreational
programs and other such times as it ts mutually beneficial to each party,
C, The City shall furnish, at no expense to the District,
personnel to conduct and supervise recreation activities conducted by the
City, These personnel are not employees of the District,
The District shall furntsh, at no.expense to the City,
personnel to conduct and supervise special event activities conducted by the
DIstrict. These personnel are not employees of the City,
D. Upon each others approval, the Ctty and the District may
place materials and equipment for conducting recreation or special event
activities on the other's property,
E. The Ctty and the Dtstrtct agree to obey all rules
associated with the use of each other's properties.
F. St nce School Dt strict properties and fact1 t ths are
intended primarily for school purposes and for the benefit of youth of school
age, tn scheduling activities on $chool grounds, OtstPlct's requtremeitts wtll
have priority.
$tnce Ctty properths and facilities are tntended prtnmrtly
for Ctty purposes and for the benefit of the public, tn scheduling activities
on Ctty .property, Ctty's requirements wtll have priority.
IX. KAINTENANCE
A. The Ctty agrees to 1natal1, repatr and maintain. 811
Ctty-o~qned equipment used for recreation programs conducted by City.
B. The School Dlstrtct agrees to tnsta11 repair and matntatn
all School-owned equipment used for programs or special events conducted by
the School DIstrict.
C. The Ctty and School Dfstrtct agree to repatr or replace, or
reimburse each other for the cost of repair or replacement of any damaged
structures, equipment, vegetation, or facilities owned by the other party when
such damage is a dtrect result of that party's use.
IZX. EXTENT OF AGREEWENT
Thts Agreement supersedes any Hold Harmless, Xndemntftcation and
Insurance language contained tn School Dtstrtct Policy ~1300 and related
Application and Permtt for Use School Facilities and Grounds.
IV, TERN OF AGREENEWT
Thts agreement shall be annual and automatically renewed each
year unless written notice tn accordance with Sectton V ts gtven by etther
party.
V. TERNINATION
This agreement may be terminated by either party, at any time,
by giving 30 days written notice of such.
-2-
VZ, ZNTENDED USES
Within 60 days of the signing of this Agreement and afteP each
uses of the other parties' factltUes for the upcoming year,
sulxnisstons shall not rule out any unantictpated requests for faclltUes use
that may arise during the year,
V[Z, TNDE]qNZFZCATION - HOLD HAPJ~ESS
A, The School District agrees to Indemnify and hold harmless
the City of Chula Vista against and from any and all damages to property
equil~nt and appurtenances or t~urtes ~ or death of any person or persons,
Including employees, agents, representatives or offtcers of the CIty, and
shall defend, Indemnify and hold harmless the City, its officers, agents,
representatives and employees, from any and 811 clatms, demands, suits,
actions or proceedings of any ktnd or nature, of or by anyone whomsoever, tn
any way resulting from ~hea~:~to~n~ out of the negligent or Intentional acts,
errors .or omissions of Dtstrlct or any of 1Is officers, agents,
representatives or employees tn the performance of this agreement.
B. The City of Chula Vista agree to indemnify and hold
harmless the School 0tstrtct against and from any and all damages to property
equipment and appurtenances or injuries to or death of any person or persons
including employees, representatives, officers or agents of the Schoof
0istrict, and shall defend, indemnify and hold harmless the School 0tstrtct,
its officers, agents, representatives and employees, from any and all claims,
whomsoever, .tn any way resulting from or artstng out of the
,,~tenttonal acts, errors or omissions of the Ctty of Chula Vtsta or any of tts
of=ricers, agents, representatives or employees in the performance of thts
agreement.
VIII. INSURANCE
A. The School 0tstrtct shall, throughout the duration of this
Agreement, matntain comprehensive general public liability and property damage
insurance covert ng al 1 ripetart ons hereunder, tts agents, offtcers,
representatives and employees, including but not 1trotted to re~sor:al tnJury,
bodtly injury, premises and automobile, wtth minimum coverage of $1 millton,
in the form of a Certificate of insurance and Policy Endorsement which names
the City as Additional Insured, evidence of which shall be submitted to the
City Clerk at 276 Fourth Avenue. Rid policy or policies shall provide thtrty
(30) days written nottce to the CtW Clerk of cancellation or matertal change.
B. The CIty shall, throughout the duratton of this Agreement,
maintain comprehensive general publlc liability and property damage Insurance
covering all operations hereunder, Its agents, officers, representatives and
e~loyees, including but not limited to premises, personal injury, bodily
injury amxd automobile, with minimum coverage of $1 million, in the form of
-3-
Certtflcata of :nsurance and PoltCy Endorsement whtch names the School
Dtstrtct as A~dtttonal Insured, evidence of vhtch shall be sulx~itted to the
$chool District at 1130 FSfth Avenue. $mtd policy or pollctes shall prey(de
thtrt, y (30) days written notice to the School Dtstrtct of cancellation or
matertal change.
The $cho~10tstrtct and the I~lty re.rYe the right to re~tev
IX. For I~lrposes o~ a~(nistration of this agreement, the Director
of Parks and Recreation shall act for and represent the City of Chula Vista
and the Director of $tlpport hrvTces shall act for and represent the $chool
Dlst. r(ct.
Zll VtTNE$$ IIH[REOF, the parties hereto have caused thts Agreement to
be executed the day and 7ear first herefnabove set forth.
tPC 0721K