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Home My WebLink AboutCC RESO 16,047RESOLUTION NO. 16,047 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATIVE FACILITIES USE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT 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, 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 a formal agreement defining certain responsibilities of both parties in connection with the use of each other's facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Cooperative Facilities Use Agreement between the City of National City and Sweetwater Union High School District. A copy of said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 8th day of August, 1989. ATTEST: d4/1. J4116D Lori Anne Peoples,ICity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. aters, Mayor COOPERATIVE FACILITIES USE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT, made and entered into this 244- day of 4 us-i- , Lam/ q__ by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and the SWEETWATER UNION HIGH SCHOOL DISTRICT, hereinafter called "School District" or "District." WI T N E S S E 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 and execution of adequate programs of community 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 facilities, and WHEREAS, this agreement is intended to supersede any Hold Harmless, Indemnification and Insurance language contained in the Application and Permit for Use of School Facilities and Grounds. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. 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. Facilities will include, but not be limited to gymnasiums, community center, ballfields, and tracks. B. It is understood that the parties to this agreement shall make their respective facilities available for special events or recreational programs and other such times as it is 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. -1- The District shall furnish, 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 City and the District may place materials and equipment for conducting recreation or special event activities on the other's property. E. The City and the District agree to obey all rules associated with the use of each other's properties. F. Since School District properties and facilities are intended primarily for school purposes and for the benefit of the public, in scheduling activities on City property, City's requirements will have priority. Since City properties and facilities are intended primarily for City purposes and for the benefit of the public, in scheduling activities on City property, City's requirements will have priority. II. MAINTENANCE A. The City agrees to install, repair and maintain all City -owned equipment used for recreation programs conducted by City. B. The School District agrees to install, repair and maintain all School -owned equipment used for programs or special events conducted by the School District. C. The City and School District agree to repair 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 direct result of that party's use. III. EXTENT OF AGREEMENT This Agreement supersedes any Hold Harmless, Indemnification and Insurance language contained in the Application and Permit for Use of School Facilities and Grounds. IV. TERM OF AGREEMENT This agreement shall be annual and automatically renewed each year unless written notice in accordance with Section V is given by either party. -2- V. TERMINATION This agreement may be terminated by either party, at any time, by giving 30 days written notice of such. VI. INTENDED USES Within 60 days of the signing of this Agreement and after each automatic annual renewal, the parties may submit to each other the anticipated uses of the other parties' facilities for the upcoming year. These submissions shall not rule out any unanticipated requests for facilities use that may arise during the year. VII. INDEMNIFICATION - HOLD HARMLESS A. The School District agrees to indemnify and hold harmless the City of National City against and from any and all damages to property or equipment and appurtenances or injuries to or death of any person or persons, including employees, agents, representatives or officers of the City, and shall defend, indemnify and hold harmless the City, its officers, agents, representatives and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the School District or any of its officers, agents, representatives or employees in the performance of this agreement. B. The City of National City agreesto indemnify and hold harmless 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, including employees, 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, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the City of National City or any of its officers, agents, representatives or employees in the performance of this agreement. -3- VIII. INSURANCE A. The School District 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 personal injury, bodily injury, premises and automobile, with minimum coverage of $1 million, 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 1243 National City Boulevard, National City, said policy or policies shall provide thirty (30) days written notice to the City Clerk of cancellation of material change. B. The City of National City shall maintain throughout the duration of this Agreement, a memorandum of insurance with minimum limits of $1,000,000.00 combined single limit, $10,000,000.00 aggregate; including bodily injury, personal injury, and property damage. A Certificate of Insurance and Policy Endorsement which names the School District as Additional Insured, shall be submitted to the School District at 1130 Fifth Avenue, Chula Vista. Said policy or policies shall provide thirty (30) days written notice to the School District of cancellation or material change. The School District and the City reserve the right to review specific events or programs and determine that higher or lower insurance limits may apply. IX. For purposes of administration of this agreement, the Director of Parks and Recreation shall act for and represent the City of National City and the Director of Support Services shall act for and represent the School District. -4- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. SWEE R UNION HIGH /OL DISTRICT: By /// ✓.: / �� _ Date 472.511%81 D Donald Sauter, Director of Support Servic- CITY OF NATIONAL CITY: By - George H Waters, Mayor ATTEST: p By1rLS ti� s31 KA,;2/ Lori Anne Peoples, C ty Clerk APPROVED AS TO FORM George H. Eiser, itt City Attorney -5-- Date