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HomeMy WebLinkAbout1983-07-05; City Council; 7424; City-School Joint Use Agreement Swimming Pool-; 2 0 .rl 4J 0 R I d 0 .rl m m m 4 a rl .rl z ; 0 u .. m '03 \ W c\1 \ 'UJ I I i I t I I I ! 1 I I a TITLE: CITY-SCHOOL JOINT USE AGREEMENT LB# EPT. CM 7/5/83 ATG. SliTIMMING POOL - CULTURAL ARTS CENTER GI1 . DEPT. HD.~ CITY Am& CITY MGR. P- RECOMMENDED ACTION: That Council adopt Resolution No. approving agreement between City and Carlsbad Sciiool District providing for use of -khe swimming pool and the Cultural Arts Center. :TEM EXPLANATION: The School Board and City Council in a joint meeting held June 14, 1983, negotiated an agreement which allows school use of the pool and City use of the Cultural Arts Center without charge. The school district will offer a swimming Frogram during the school year between 8-11:15 a.m. and 1-2 p.m. The City will have the right to use the Cultural Arts Center at no charge for recreation, library or other City sponsored community activities. The agreement provides that each party will be responsible for supervision and will pay for the cost of repair of any facilities damaged as a result of that party's use, The existing agreement which required the school district to pay a pro-rata share of the cost of pool maintenance is superceded. Section 20 of the July 20, 1977 agreenent which requires the City to pay back the School District for the cost of land upon termination remains in force. The payback clause is extended five years from 1992 to i997. FISCAL IMPACT: If the District were to pay for the swimming pool as required in existing agreement, the Charge would be around $20,000-$50,~130 yearly, depending upon hours of use. The minimum charge for use of the Cultural Arts Center would be $140 for a nonprofit organization ($35 per hour). EXHIBITS : 1. Resolution 140. 70;1&6 , with agreement attached. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 - 16 * 17 18 19 20 21 23 24 25 26 ' 28 RESOLUTION NO. 7266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT FOR USE OF THE COMMUNITY SWIMMING POOL AND THE CULTURAL ARTS CENTER BETWEEN THE CITY AND THE CARLSBAD UNIFIED SCHOOL DISTRICT. WHEREAS, the City-Sc,hool Committee has negotiated an agree- ment which allows school use of the swimming pool and City use of the Cultural Arts Center without charge; and WHEREAS, the City Council of the City of Carlsbad desires to express its intention to participate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the agreement attached hereto and incor- porated herein as though fully set -forth is hereby approved and the Mayor of the City of Carlsbad is hereby authorized to execute this agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at a regular meeting held on the 5th day of July I 1983. AYES: NOES : None Council Ykmbexs Casler, Lewis, Kulchin, Chick and Prescott ABSTAIN: Nom ABSENT: None rc % de&- MARY I-I.,/CASLER, Mayor ATTEST : AGREEMENT FOR USE OF COMMUN1T.Y SWIMMING POOL AND THE CULTURAL ARTS CENTER BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UP!IFIED SCHOOL DISTRICT THIS AGREEMENT is made this day of 1983, between the CITY OF CARLSBAD, a municipal corporation of the'State of California, hereinafter referred to as CITY, and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, hereinafter referred to as DISTRICT. WITNESSETH: WHEREAS, District desires to provide ai1 educational - aquatic program for its students; and WHEREAS, City desires to provide the citizens of Carlsbad with programs and activities in the Curltural Arts Center; and WHEREAS, City and District desire to cooperate with each other in order to provide the'entire community with educational and recreational aquatic and cultural arts programs; and WHEREAS, Chapter IO, Part 7 of Division 1, Title 1, of the Education Code of the State of California authorizes and empowers school districts and municipalities to cooperate in the organization, promotion and conduct of programs for community recreation; and 4, WHEREAS, City and District desire.to enter into a formal a.greement defining the rights and responsibilities of both parties in connection with joint use of the community pool and the cultural arts center . I NOW, THEREFORE, BE IT RESOLVED the parties agree as follows: A. Administration General The pool shall be administered, managed, operated and maintained by City. The cultural arts center will be administered, managed, operated and maintained by District. Whenever the term lcpoollc is used in this agreement, it shall include all related facilities including, but not limited to, parking lo-ts, restrooms, dressing areas , landscaping and locker facilities. Whenever the term "cultural arts center" is used in this agreement,.it shall include all related facilities including, but not limited to parking lots, auditorium and landscaped areas. 8. Use of pool City shall have use of the pool for any and all purposes and at all times except as otherwise expressly provided in this section. City shall provide for District free use of the pool by District's students from 8 a.m. until 11:15 a.m. and ' from 1 p.m. until 2 p.m. on Monday through Friday, on those weeks Carlsbad High School is in session during the regular school year, from approximately mid-Septehber through mid-June. -2- Use of pool by District during other than the times provided in this section, may be obtained by submitting a facility use application for the pool which may be approved by the City if the City determines the pool is available and the use is consistent with City-programs. City shall charge the District $14.00 per hour for such use. District has priority use'of the pool during the times provided in this section. However, the City may have the option to.schedule City activities during such hours that District is not utilizing the pool. Fool maintenance will require the pool to be closed from time to time. The pool schedule shall include provisions for such closures. City shall make reasonable efforts to schedule maintenance activities during periods when pool is not being used by the District. City reserves the right to close the pool at any time as it determines nece,ssary for the proper operation, maintenance and repair of. the pool or for reasons of health and safety.- .. When such closure is necessary District shall be given notice. . , 3. Conditions of District use - 1. District to Administer During the periods scheduled for District use, District shall be responsible for administration,. direction, a'nd supervision of the swimming poo! in the manner set forth in this agreement. Determination of hours and rules for use shall include employment of such personnel by the District a3 are necessary for the -efficient operation of the District's program at the pool, -including, but not limited to, supervisory personnel; teachers, lifeguards and other necessary aspects of program management. District shall be .responsible for .the maintenance of good order and conduct in the use of the pool and all related facilities, buildings, landscaping and parking areas during such times. The premises shall be used by District in keeping with the best accepted practices to assure proper standards of conduct ,. safety, cleanliness and rc .health. District shall be responsible for 2. Telephone Service District may maintain telephone service to . enforcing City's adopted rules for the operation and use of the pool. - the Facility, such costs being paid directly by District. -4- '6 3. Supplies District .shall provide any towels, suits and other necessary items needed for District's programs. 4. ' Supervision District shall insure that adequate staff supervision is provided during periods of District use. 5. Equipment District may install and maintain at its expense, appurtenant equipment such as instructional aids and competitive items that are peculiar to its needs and uies. .I If such equipment will involve any alterations to the pool or necessitate storage on the pool site, the installation of .such equipment shall be subject to the approval of City. D. Maintenance of Pool 1. City to Maintain Except as otherwise specified herein, City shall maintain and operate the pool and all related City owned facilities. It shall be the duty of City to regularly inspect the pool to maintain the pool in.a reasonably good, healthy and safe condition, and to provide for rc disposal of all garbage, trash and rubbish. -5- 7 2. Aquatics Supervisor City may .provide an on-site manager for the pool referred to herein as the 'Aquatics Supervisor. The Aquatics Supervisor shall be under the direction of the Director of Parks and Recreation and shall be r-esponsible for the day-to-day management of the pool. All matters relating to District use of the pool shall be coordinated by the Aquatics Supervisor. - District employees shall accept direction from the Aquatics Supervisor in *matters relating to the management, maintenance or repair of the pool. E. Cultural Arts Center - 1. City Use The City shall have free use of the Cultural Arts Center Monday thru Friday. The City must secure use of the building by filling out a facility use application at least two weeks in advance. On weekends and holidays District may charge for use of Cultural Arts Center. & s 2. District to Maintain The maintenance, operation, and clean up of the Cultural Arts Center shall be the responsibility of the School District. District reserves the right to close the Cultural Arts Center at any taime as it deter- mines for proper repair and maintenance of the building. 3. City Responsibility City . will be responsible for the good order and conduct during use of the Cultural Arts Center and all related facilities., landscaping, and parking areas. City shall be responsible for,enforcing District's adopted ~ rules for the operation and use of the cultural arts center and shall provide adequate staff for supervision. 4. Cultural Arts Manager The Cultural Arts Manager shall be under the direction of the District Superintendent and shall be responsible for the day to day ~ management of the Cultural Arts Center. Matters relating to City use of the.Cultrua1 Arts Center shall be co.ordinated by the Cultural Arts Manager. City employees shall ecc'ept direction from Cultural Arts Manager -7- 3 in matters relating to management operation or repair of the Cultural Arts Center. F. Improvements No alterations, improvements or additions to the City or Districtlproperty shall be made without prior written approval of owner. .Any and all alterations, improvements or additions shall be made and performed in a good workmanlike manner and in accordance with all statutes, ordinances and regulations applicable thereto. - G. Employees Employees of the District and the City shall be experienced and competent, and shall be licensed when required by law. Such employees shall represent only the party employing them. H. Waste - Care of Premises City and District shall give prompt notice to the other, of any damage to the swimming pool facility or the Cultural Arts Center. Neither District nor City shall commit, or suffer to be committed, any waste or injury of any private or public nuisance on the premises. In demni f i c a t i on Insofar as it is legally authurized, District shall M. I ,. hold harmless and free from liability the City, members of its City Council., boards or commissions, -a- b its officers, agents or employees while acting as such from all damages, costs, or expenses which may arise by reason of liability imposed -by law because of injury to property or injury or death of persons, received or suffered by reason of use of the Pool by the District. Insofar as it is legally authorized, City shall hold harmless and free from liability District, members of the governing boards, its officers, agents, servants, and employees, while acting as such from all damages, costs or expenses which may arise by reason of liability imposed by law because of injury to property or injury to or . death of persons received or sufferedcby reason of use of the Cultural Arts Center by the City. J. Insurance - Liability The Ci'ty maintains at 'its expense'a self insurance program to protect against the City's liabilities and for damages due to 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 ac.ting for City or under City's control or direction, and also to protect against loss from liability for damages to -0 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 program shall be maintained in full force and effect during the entire term of this agreement. The District agrees to take out ant maintain at its expense public liability insurance to protect against the District's liabilities and for damages due to 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 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 directly or indirectly by or from acts or activities of any person acting for District or under District's control or direction. Such insurance shall be maintained in full Force and effect during the entire term of this agreement. K. Insurance - Property City- and District shall keep and maintain in full force and effect during the term of this agreement, fire insurance, including extended coverage, -1 0- .. . . . . .., . -. . . -. .- . . .. .. .. insuring the City pool and.District Cultural Arts Center against loss by fire. L. Termination This agreement may be terminated at any time by either party upon ninety days written notice to the other. If terminated prior to July 20, 1997, Section 20 of "Agreement for Construction and Use of a Community Swimming Pool Between the City of Carlsbad and the Carlsbad Unified School District" dated 20 J-uly 1977 shall apply. M. Review - Amendment City Manager and District Superintendent, or their appointed representatives, shall meet annually or more often for purposes of reviewing the implementation of this agreement. By mutual agreement, City and District may amend the agreement; said amendment to be included thereafter in the text. This agreement may also be extended at any time by mutual action of the parties. N. Replacement - Damages If the pool or Cultural Arts Center is totally destroyed, damaged, closed for some unforeseen , reason, or otherwise is in a state to such an extent that, in the opinion of the parties, the same cannot be economically repaired, this agreementashall cease and be terminated. -1 1- ,- Except for normal wear and'tear or damage caused without fault or by act of God, or by persons or instrumentalities not under the control or supervision OF the agency having the use of the facility at the time, any damage to physical facilities shall be the responsibility of the agency having the use of the facility at the time. If damage occurs to the pool while being used by District, District shall reimburse City for the cost of repairs. If damage occurs to the Cultural Arts Center while being used by the City, City shall . reimburse District for the cost of repairs. The party doing the repairs shall give the other party written notice of the repairs to be done and an estimate of their cost before authorizing the work. Each party shall be responsible for the cost of repairing all other damage to their respective facilities including that caused without fault or by act of God. M. I District shall give prompt notice to City Manager of any damage to the pool. . -1 2- ,- A 0. City shall give prompt notice to District Superintendent .of any damage to the Cultural Arts Center. Previous pool agreement - Superceded Except as provided in Section L Termination, the prior agreement between District and City dated July 20, 1977 entitled Agreement for Construction and Use of a Community Swimming Pool is superseded by this agreement and shall be of,no further force or effect. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a municipal Corporation of the State of California BY Mayor %-/+ L- && ATTEST: CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California City Clerk BY Superintendent President Board of Trustees Approved by the Governing Board of Carlsbad Unified School District on BY . - County Counsel -1 3- .