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Home My WebLink AboutCC RESO 11,048RESOLUTION NO. 11,048 by: RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT FOR INSTALLATION OF LIGHTING AND AGREEMENT .FOR JOINT USE OF FACILITIES FOR ATHLETIC AND RECREATION PURPOSES BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby auth- orized and directed to execute, and the City Clerk is authorized to attest, an agreement between the City of National City and the Sweetwater Union High School District for installation of lighting and for joint use of facilities for athletic and recreation purposes. PASSED AND ADOPTED this 8th day of May, 1973. ATTEST: ( CITY' CLERK DepuCatty Clerk JOINT POWERS AGREEMENT FOR INSTALLATION OF LIGHTING AND AGREEMENT FOR JOINT USE OF FACILITIES FOR ATHLETIC AND RECREATION PURPOSES THIS AGREEMENT, made and entered into this 14th day of May , 1973, by and between the --CITY OF NATIONAL CITY,. z municipal corporation, hereinafter called "City," and the SWEETWATER JNION HIGH SCHOOL DISTRICT, hereinafter called "District." WITNESSETH WHEREAS, the District and the City are each authorized by the provisions of Education Code Sections 16651, et seq., to cooperate with each other in the development and execution of adequate programs of community recreation; and WHEREAS, the District and the City are authorized by the pro- visions of government code sections 6500 et seq. to jointly exercise their common powers by entering into an agreement to exercise those powers; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto hereby agree as follows: 1. Installation of Multi -Use Court Lighting: The District S'... shall cause to be invt.._S.4. 07 i 1.v Granger ci Junior High School campus multi -use court lights to pro- vide for a multi -purpose recreational and athletic facility. Such installation shall include labor and materials for a lighting system to include poles, fixtures, lamps, conduit, cable, timeclocks, meter, and all other necessary equipment to provide for a complete system. 2. Drawings: The full working drawings required for construction shall be the responsibility of the District and shall be subject to the approval of the District and the City. Title to such drawings shall be vested in the District. 3. Construction Contracts: The District shall call for bids for the installation of the multi -use court lights. The City shall be given an opportunity to review and comment upon the bids received for the lighting project prior to an award of a contract for construction. 4. Construction: The administration of construction, including inspection of the work, supervision, and determination of final acceptance, shall be the responsibility of the District, provided, however, any change orders relating to the field lighting project shall require the joint approval of the City and the District. 5. Cost of Construction: The cost of construction of the court lighting project. will be shared equally by the District and the City. "Cost of Construction" will include the construction contract and jointly approved change orders, architect's fees, inspection and testing costs and any other fees or charges relating to the court lighting project. 6. Construction Payments: The District shall make all progress payments called for under the contract. When the contract is completed by the contractor and work approved by the District and the City, the City shall, within thirty (30) days, deposit with the District a sum equal to one-half of the project costs. 7. Strict Accountability: The District shall furnish to the City a report which shall provide for strict accountability of all funds received or paid by the District in accordance with Section 6505 of the Government Code. 8. Property: It is not contemplated that the District will acquire or possess any property other than money which will be deposited with the County Treasurer by the District. In the event the District does acquire property, then pursuant to Section 6505.1 of the Government Code, the Business Manager of the District is designated as the public officer to have charge of, handle and have access to the property. Said Business Manager shall thereupon file an. official th t f of less than el 000.00. bond 1:i the amount __ P__ _c S than v-,� 9. Joint Use of Multi -Use Court Facilities: (A) The City shall have exclusive night-time and weekend use of the multi -use facilities for recreational purposes. In addition, the City shall have priority of use during those months of the year and time of the day when such use does not conflict with the District's activities. During these times of use, the City shall be responsible for providing full-time supervision of those activities involving these facilities. (B) Electric service for the lighting project shall be provided through a separate meter. The City shall be responsible for payment of all costs relative to the operation and maintenance of the lighting system. (C) Maintenance of the multi -use court areas will be the responsibility of the District. (D) Restroom facilities adjacent to the multi -use courts will be made available to participants in City programs. The District will maintain and provide custodial services for these facilities. ID, Parkin: When the multi -use court facilities are being used for an event sponsored by the.City, unused parking facilities of the District located on the Granger Junior High School campus shall be made available for use. 11. Indemnity: A L Government Section 8 f' 1 DistrictbyCode 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 resulting from negligent acts or omissions of District, its agents, and employees in connection with its use of said 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 defective condition of District property, including the facility which is the subject of this agreement, or by reason of a failure to maintain said facility in a safe condition. 12. Liability Insurance: The District and the City shall each maintain at its expense personal injury and property damage insurance with an insurance carrier satisfactory to both parties to protect against the liabilities mentioned in the indemnity clause, and for damages on account of personal 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 the District, the City, or any person acting for such agencies or under the direction of such agencies, and also to protect against loss from liabilities for damages • to any property of any person caused directly or indirectly by or from acts or activities of any person acting for the District or the City. Such insurance shall be maintained in full force and effect during the entire term of this agreement and shall name the other as additional insureds. Copies of said certificates of insurance shall be furnished to the respective offices of the District and the City and shall contain a cancellation clause of not less than thirty (30) days. Both parties agree that this agreement shall terminate, in the option of the parties, 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 the District or the City has acquired other insurance which, in the determination of either party, adequately replaces the canceled insurance. 13. Modification and Termination: The terms and conditions set out herein shall not be modified without the consent of both parties and this agreement shall continue in full force and effect until terminated by mutual agreement of the parties hereto, except that, as stipulated in Education Code Section No. 16557, should the District find that the use by the City interferes with the District use and occupancy, the District may terminate the use of the facility by the City upon one (1) year's written notice to the City and payment to the City of construction costs depreciated by a straight line method under a term of 20 years provided, however, that such termination shall not be permitted prior to the first three years of this construction use agreement. 14. Arrangements for Use of Facility: City's City Manager and District's Superintendent'or miscellaneous appointed representatives shall meet annually for the purpose of preparing a comprehensive schedule and program for the use of the multi -use facility consistent with the provisions of this agreement provided that the paramount consideration shall be the use of the facility by the public. 15. Closure of Facility: City and District shall have joint discretion after notifying the other agency for any direction to temporarily close the facility for reasons of health and safety or urgent repairs. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed the day and year first hereinabove set forth. THE CITY OF NATIONAL CITY SWEETWATER UNION HIGH SCHOOL DISTRICT Mayor o th¢ C ty of National City Superintendent ATTEST m �. �P,,,� ;'��,,,�;��i �-��, This agreement was approved by the City Clerk )i ^ oved as to fo STATE OF CALIFORNIA COUNTY OF °t' OnO/ } SS. Board of Trustees on Approved as to form: ROBERT G . BERREYY,,Couty Couns/ Bye / Deputy / 1\ before me, the undersigned, a Notary Public in and J.or said County and State, personally appeared , known to me to be the person whose name I"j' subscribed to the within instrument and acknowledged that Ci>"`" executed the same. (Seal.) y Cti951 dtr, Notary l uhlie in and for said County and State