HomeMy WebLinkAboutItem 4.2 TriVly SELPA /PoolCITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE May 29, 1990
SUBJECT Agreement with Tri - Valley SELPA to
Utilize Dublin Swim Center - Report by
Diane Lowart, Recreation Director
EXHIBITS ATTACHED A. Proposed Agreement
B. Resolution Adopting Agreement
RECOMMENDATION Adopt Resolution
FINANCIAL STATEMENT None
DESCRIPTION Tri- Valley Special Education Local Plan Area
(SELPA), a consortium comprised of the Dublin, Livermore, Pleasanton, Sunol
Glen and Mountain House School Districts, has requested use of the Dublin
Swim Center for their Summer adaptive swimming program. Their request for
use is as follows:
1. Use of the pool from 9:00- 10:00am on Monday through Thursday from
June 25 to July 19 with an extended session on Tuesday and
Thursday from July 24 to August 9.
2. Use of pool staff to serve as lifeguards and instructors (City
will be reimbursed for direct staff costs)
The Parks and Recreation Commission considered this request at their
meeting of April 10f 1990 and recommended that use be granted for June 25
to July 19 only, and directed staff to develop an agreement outlining the
conditions of use. The request for use for the extended session from July
24 to August 9 was not recommended for approval by the Commission.
This was at the recommendation of staff as the increased demand by Dublin
residents for swim lessons has limited the availability of pool time for
outside groups. In addition, the Commission directed staff to initiate
discussion with representatives of Tri- Valley SELPA as well as the cities
of Pleasanton and Livermore to determine the feasibility of rotating the
program between the three cities on an annual basis (the Dublin Swim Center
has been utilized for the past eight years).
The City Attorney has prepared an Agreement Between the City of Dublin and
Tri- Valley SELPA for Use of the Dublin Swim Center (,Exhibit A). It is the
recommendation of staff the City Council adopt the Resolution in Exhibit B
approving the agreement.
J
ITEM NO. � COPIES TO School District Representative
AGREEMENT BETWEEN CITY OF DUBLIN AND
Tri - Valley Special Education Local Plan Area (SELPA)
FOR USE OF DUBLIN SWIM CENTER
This Agreement is made this day of , 1990,
between the City of Dublin ( "CITY "), a municipal corporation, and
Tri - Valley SELPA , a special education consortium
RECITALS
A. CITY owns and operates a swimming pool and related
facilities, called the Dublin Swim Center, located within
the City of Dublin.
B. Tri - Valley SELPA operates a summer program to
provide special education for handicapped persons enrolled
in the program. Part of the program consists of an adaptive
aquatics program.
C. Tri - Valley sm-PA has been using the Dublin Swim
Center to conduct its adaptive aquatics program.
D. CITY and Tri - Valley SELPA desire to formalize
their agreement for use of the Dublin Swim Center by
Tri - Vallev for the adaptive aquatics program.
E. CITY believes that the provision of adaptive aquatics to
handicapped persons is an important educational program and
desires to make the program possible by making the Dublin
Swim Center available for the program at no cost to
Tri- Valley SELPA
NOW, THEREFORE, CITY and Tri - Valley SELPA agree as
follows:
1. The foregoing recitals are true and correct and are
made a part of this agreement.
2. CITY shall make the Dublin Swim Center available to
Tri - Valley - ,SELPA for its adaptive aquatics
program during the time periods and hours set forth in
Exhibit A, attached hereto and incorporated herein by
this reference, at no cost.
3. Tri - Valley SELPA will provide a coordinator for s
the adaptive aquatics program, who will be a person
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qualified to oversee and run such a program and shall
be certified by the American Red Cross to teach
adaptive aquatics to handicapped persons.
4. CITY employees will provide instruction to participants
in the program under the direct supervision of the
coordinator. Tri- Valley SELPA will reimburse CITY
for its direct salary costs for the CITY employees who
are utilized by Tri - Valley SELPA and its
coordinator for providing instruction upon presentation
by CITY to Tri- Valley SELPA of a statement for such
costs.
5. Tri - Valley SELPA , through its coordinator, will
recruit and train volunteers who will assist in
providing instruction to participants in the program.
6. Tri - Valley SELPA , through its coordinator, will
assure that all persons providing instruction to
program participants are adequately trained and that
all participants in the program are adequately
supervised at all times.
7. Tri- Valley SELPA shall procure and maintain for
the duration of this Agreement insurance against claims
for injuries to persons or damages to property which
may arise from or in connection with the use of the
Dublin Swim Center pursuant to this agreement by
Tri- Valley SELPA , its agents, representatives,
volunteers, employees, subcontractors, or supervised
City employees.
a. ' Minimum Scope of Insurance. Coverage shall be at
least as broad as:
(1) Insurance Services Office form number GL 0002
(Ed. 1/73) covering comprehensive General
Liability and Insurance Services Office form
number GL 0404 covering Broad Form
Comprehensive General Liability; or Insurance
Services Office Commercial General Liability
coverage ( "occurrence" form CG 0001.)
(2) Insurance Services Office form number CA 0001
(Ed. 1/78) covering Automobile Liability,
code- 1. 11any auto" and endorsement CA 0025.
(3) Workers' Compensation insurance as required
by the Labor Code of the State of California
and Employers. Liability Insurance.
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b. Minimum Limits of Insurance. Tri- Valley SELPA
shall maintain limits no less than:
(1) General Liability: $1,000,000 combined
single limit per occurrence for bodily
injury, personal injury and property damage.
If commercial General Liability Insurance or
other form with a general aggregate limit is
used, either the general aggregate limit
shall apply separately to this
project /location or the general aggregate
limit shall be twice the required occurrence
limit.
(2) Automobile Liability: $1,000,000 combined
single limit per accident for bodily injury
and property damage.
(3) Workers' Compensation and Employers
Liability: Workers' compensation limits as
required by the Labor Code of the State of
California and Employers Liability limits of
$1,000,000 per accident.
C. Deductibles and Self - Insured Retentions. Any
deductibles or self - insured retentions must be
declared to and approved by the CITY. At the
option of the CITY, either the insurer shall
reduce or eliminate such deductibles or self -
insured retentions as respects the CITY, its
officers, officials and employees; or .
Tri- Valley SELPA shall procure a bond
guaranteeing payment of losses and related
investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The policies are to
contain, or be endorsed to contain, the following
provisions:
(1) General Liability and Automobile Liability
Coverages.
(a) The CITY, its officers, officials,
employees and volunteers are to be
covered as insureds as respects:
liability arising out of activities
;performed by or on behalf of
Tri- Valley SELPA or automobiles
owned, leased, hired or borrowed by
Tri- Valley SELPA . The coverage
shall contain no special limitations on
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the scope of the protection afforded to
the CITY, its officers, officials,
employees or volunteers.
(b) Tri- Valley SELPA 's insurance
coverage shall be primary insurance as
respects the CITY, its officers,
officials, employees and volunteers.
Any insurance or self- insurance
maintained by the CITY, its officers,
officials, employees or volunteers shall
be excess of Tri - Valley SELPA 's
insurance and shall not contribute with
it.
(c) Any failure to comply with reporting
provisions of the policies shall not
affect coverage provided to the CITY,
its officers, officials, employees or
volunteers.
(d) Tri - Valley SELPA 's insurance
shall apply separately to each insured
against whom claim is made or suit is
brought, except with respect to the
limits of the insurer's liability.
(2) Workers' Compensation and Employers Liability
Coverage.
(a) The insurer shall agree to waive all
rights of subrogation against the CITY,
its officers, officials, employees and
volunteers for losses arising from work
performed by Tri - Valley SELPA
for the City.
(3) All Coverages.
(a) Each insurance policy required by this
clause shall be endorsed to state that
coverage shall not be suspended, voided,
cancelled by either party, reduced in
coverage or in limits except after
thirty (30) days' prior written notice
`by certified mail, return receipt
requested, has been given to the CITY.
e. Acceptability of Insurers. Insurance is to be
placed with insurers with a Bests' rating of no
less than A:VII.
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f. Verification of Coverage. Tri- Valley SELPA
shall furnish CITY with certificates of insurance
and with original endorsements effecting coverage
required by this clause. The certificates and
endorsements for each insurance policy are to be
signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and
endorsements are to be received and approved by
the CITY before use of the Dublin Swim Center.
The CITY reserves the right to require complete,
certified copies of all required insurance
policies, at any time.
g. The City Manager of CITY may approve a variation
in those insurance requirements upon a
determination that the coverages, scope, limits
and forms of such insurance are either not
commercially available or that the CITY's
interests are otherwise fully protected.
8. Tri- Valley SELPA shall take all responsibility
for the adaptive aquatics program.
Tri - Valley SELPA _ shall indemnify, defend and
hold harmless the CITY, its officers, officials,
directors, employees and agents from and against any or
all loss, liability, expense, claim, costs (including
costs of defense), suits, and damages of every kind,
nature and description directly or indirectly arising
from the use by Tri - Valley SELPA of the
Dublin Swim Center pursuant to this Agreement. This
paragraph shall not be construed to exempt the CITY,
its employees and officers from its own fraud, willful
injury or violation of law whether willful or
negligent. By execution of this Agreement,
Tri - Valley SELPA acknowledges and agrees that
it has read and understands the provisions hereof and
that this paragraph is a material element of
consideration.
Approval of the insurance contracts provided for in
paragraph does not relieve
Tri - Valley SELPA from liability under this
paragraph.
9. This Agreement may not be assigned.
10. This Agreement shall remain in effect until terminated
by either party upon 30 days' written notice to the
other party. Upon termination, Tr;- Valley q'PT,PA
shall pay to CITY all sums due hereunder.
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11. All written notices shall be sent to the parties as
follows:
To CITY: Recreation Director
City of Dublin
P. O. Box 2340
Dublin, CA 94568
To Tri - Valley SELPA
Director
Tri- Valley SELPA
4750 First Street
Pleasanton, CA 94566
EXECUTED as of the day first above written.
CITY OF DUBLIN, a municipal corporation
By:
Approved as to form:
City Attorney
114 \agree \suimcntr.ehs
f
Tri - Vallev SELPA
By:
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A RE LUTION APPROVING AND AUTH ZING
EXECUTION OF AGREEMENT WITH
TRI- VALLEY SELPA FOR USE OF
DUBLIN SWIM CENTER
WHEREAS, the City of Dublin operates a swimming pool and related
facilities known as the Dublin Swim Center; and
WHEREAS, the Tri- Valley Special Education Local Plan Area ( SELPA)
operates a summer adaptive aquatics program; and
WHEREAS, the City of Dublin agrees to make the Dublin Swim Center
available for use by Tri - Valley SELPA to conduct their program; and
WHEREAS, it is desirable to enter into an agreement with Tri- Valley
SELPA for use of the Dublin Swim Center.
NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of
Dublin does hereby find that:
1. The agreement attached hereto in Exhibit A is hereby approved and
ratified and the Mayor is authorized and directed to sign it.
PASSED, APPROVED AND ADOPTED this 29th day of May, 1990.
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
i
MAYOR