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HomeMy WebLinkAboutReso 059-90 TriVlySELPA/pool~~ ~tESOLU'fi.LON Nth. 5y-90 A RESuLUTION APPROVING AND AUTHORIZING 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: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder, and Mayor Moffatt NOES : None ABSENT : None ~ . U1! YOR ATTEST: ~w~ CIT CLERK AGREEMENT BETWEEN CITY OF DUBLIN AND Tri-Valley S ecial 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 o*~ans 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. Tr;-Va>>ey SFr.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-Valley 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-;~SE~,PA 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 the adaptive aquatics program, who will be a person Page 1 of 6 f • 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-Vallev 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. ~. 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. l/78) covering~Automobile Liability, code-l •'-any auto" and endorsement CA 0025. (3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers. Liability Insurance. Page 2 of 6 • • 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 'Iri-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 -shah contain no special limitations on .~ Page 3 of 6 • • 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. .~ Page 4 of 6 f • • 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. g. Tri-Valley SELPA shall take all responsibility for the adaptive aquatics program. Tri-Valley FT,PA 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, Tri-VallP~~ ~Fr,PA shall pay to CITY all sums due hereunder. Page 5 of 6 • 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-Vallev 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 Tri-Valley SELPA By: 114\agree\swimcntr.ehs , I ,_- Page 6 of 6 f