HomeMy WebLinkAboutReso 016-89 DUSD SwimCntr RESOLUTION NO. 16 -89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AGREEMENT WITH
DUBLIN JOINT UNIFIED SCHOOL DISTRICT
FOR USE OF THE DUBLIN SWIM CENTER
WHEREAS, the City Council has agreed to make the Dublin Swim
Center available for use by the Dublin High School Swim Team; and
WHEREAS, it is desirable to enter into an agreement with the
DUblin Joint Unified School District to facilitate the smooth
operation of the Dublin Swim Center by outlining the
responsibilities of the respective agencies.
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.
198 9
PASSED, APPROVED AND ADOPTED this 27th day of February
AYES:
NOES:
Councilmembers Hegarty, Jeffery, Snyder, Vonheeder
& Mayor Moffatt
None
ABSENT: None
ATTEST:
City
AGREEMENT. BETWEEN THE CITY OF DUBLIN
AND DUBLIN JOINT UNIFIED SCHOOL DISTRICT
Recitals
WHEREAS, the City of Dublin ("City") operates a swimming
pool and other related improvements ("Dublin Swim Center") at
Dublin High school for community recreational purposes; and
WHEREAS, the Dublin Joint Unified School District
("School District") desires to use the swimming pool and related
improvements at the Dublin Swim Center located at Dublin High
School during non-regular school hours during the Spring of 1989
for purposes of providing a place for the Dublin High school swim
team to practice.
NOW, THEREFORE, the School District and City agree as
follows:
1. City shall make the Dublin Swim Center available to
School District at no cost during the months of April, May and
June of 1989, provided the Swim Center is in operating condition.
School District agrees to consider reimbursing City in the amount
of one-third of the actual cost of operating the Swim Center
during the period of time used by School District, but not to
exceed one-third of $14,330.
2. School District shall submit to City a schedule of
hours and days during the months of April, May and June of 1989
during which School District will use facilities at Dublin High
School for its swim team. City agrees that School District may
use said facilities during the time periods and on the days set
forth in said schedule, as approved by City in writing. District
may change the days and times of use upon forty-eight (48) hours
advance notice to City in writing.
3. During the periods of time the Swim Center is used
by School 'District, School District agrees to assume
responsibility for the following:
(a) Supervision.
i) Supervision of persons using the pool;
ii) Equipment necessary for the swim team's
use including towels, suits and other
equipment;
iii) Qualified swim instructors, life guards
and other necessary personnel to carry
out the program;
iv) Covering the pool while not in use and
uncovering it while in use;
(b) School District shall be responsible for the
pool's supervision at all times when the area and facilities are
in use by the School District and shall reimburse the City for any
damages to the pool or other structures or installations caused by
the School District as a result of negligence, other than damage
by fire, acts. of God or ordinary wear and tear.
-2-
(c) The City shall make available for useby the
School District the bathhouse facility which is owned by the City.
The School District shall provide all maintenance and custodial
services for use of this facility.
(d) School District shall defend, indemnify and
hold harmless City, its officers, employees and agents against and
from any and all claims for, and liability from, damages to
property, including loss of use thereof, or injuries to persons,
including loss of life, and any and all costs and expenses
(including attorneys' fees) associated therewith, arising out of
any act or omission to act by School District in the operation of
the swimming pool and facilities hereunder, the conduct of any
program in connection therewith, or otherwise arising out of the
use and possession of said pool and facilities hereunder by School
District or its assigns or successors.
School District shall take out and maintain during
the term hereof a policy or policies of insurance, or provide a
program of self-insurance, in an amount or amounts acceptable to
City, to provide coverage of City for the foregoing purposes;
provided, however, that such insurance or self-insurance shall not
be deemed a limitation upon School District's obligation to
defend, indemnify and hold harmless City as hereinabove specified.
Such insurance shall be primary. School District shall furnish to
City evidence of such insurance, naming City as a named or
additional insured, prior to commencing School District's
operations hereunder.
-3-
WHEREAS this Agreement is entered into as of the
day of February, 1989.
DUBLIN JOINT UNIFIED SCHOOL DISTRICT
Dated:
Dated:
CITY OF DUBLIN
-4-