HomeMy WebLinkAboutCentral USD - Provide Swim Lessons to the CUSD Community 3/1/2019 - 8/10/2019 AGREEMENT BETWEEN
CITY OF FRESNO AND CENTRAL UNIFIED SCHOOL DISTRICT TO PROVIDE
SWIM LESSONS TO THE CUSD COMMUNITY
This Agreement is made and entered into as of this _I day of March 2019, between
the City of Fresno, a municipal corporation (City) and Central Unified School District, a
public school district (District).
RECITALS
A. The District is authorized by California Education Code Section 10910 to allow
for use of District properties by other public authorities for community recreational
purposes.
B. City has an objective of, where feasible, using school sites for community use
and to maximize the efficient use, maintenance, and supervision of public
facilities, which such objectives are the intended purpose of this Agreement.
C. Expanded community use of District school sites will maximize utilization of
District property and improve opportunities for public and community recreational
activity in the City and its various communities.
D. City and District mutually desire to enter into this agreement for purposes of
expanding access to District's swimming pools (Facilities), in accordance with the
terms granted herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained, to be kept and performed by the
respective parties, the parties agree as follows:
1. Acknowledgement of Recitals and Definitions. All the foregoing recitals are
true and correct and incorporated herein by this reference as though fully set
forth herein.
a. Definitions.
1) The term "District Use" shall mean District's Educational Program
and Related School Activities. For purposes of this Agreement, the
term "Educational Program and Related School Activities of the
District" shall mean "an activity that is organized and administered
by the District, including but not limited to, athletic games/meets,
drama, carnivals, District community meetings, District meetings,
requests from other schools within the District, and the like, but
excluding use of the facilities by nonprofits, leagues, and other
community groups and organizations".
2) The Term "City Use" shall mean City's recreation programs and
activities organized and administered by the City.
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3) The term "General Public Use" shall mean unscheduled use by the
general public that is not a programmatic activity of the District or
the City.
2. Grant of License. In consideration of the City's contributions as set forth
hereunder, District hereby grants the City a no fee license (the "License") to use
the Central Unified School District Swim Complex upon mutual written letter
agreement of their respective authorized agents ("Pool"). The term of the
License (the "License Term") shall initiate upon the effective date of this
Agreement and shall continue till the end of the day August 10, 2019, at 12:00
Midnight. Either party may terminate the Agreement, in its sole discretion, at any
time during the term of the Agreement by providing written notice to the other
party specifying an effective termination date at least thirty days from the date of
notice. The License is limited to use of the Facilities at Sites for City
programmed Use, as further detailed below. The priority of Facilities use at the
Sites is as follows:
a. Priority of Use. The priority of use for Facilities shall be as follows:
1) District Use aquatics activities and programs
2) City Use swim lessons.
b. Scheduling of Use. The Facilities at Central High School East Campus
shall be made available for City Use Monday through Friday from 3PM to 7:00
PM and Saturdays from 9:30 AM to 12:30 PM, starting June 15 to August 10,
2019. Upon mutual written letter agreement of the parties' authorized agents,
times may be changed based on availability and program needs. The parties
shall exercise good faith efforts to obtain agreement on any amendments to the
joint use schedule and to resolve any conflicting uses thereunder. The City shall
be responsible for and supervise its use of the Pool, in consultation with the
respective site based aquatics staff and the District.
C. Auxiliary Facilities. City's no cost priority use of the Pool shall also include
the right to make use of auxiliary facilities including restroom facilities in
reasonable proximity to such facilities (as designated from time to time by
District). Auxiliary facilities and fixed equipment, such as parking lots, bleacher
seats, and other fixtures designated for use in connection with such auxiliary
facilities, shall be included herein.
The City of Fresno will retain generated swim lesson revenue to offset
staffing and site specific instructional supply costs, and the remaining proceeds
will be retained by the Central unified School District to cover Facility Usage
Fees.
d. City Use During Regular District Hours. Subject to scheduling
requirements and use priorities specified in Subsections (a) and (b) above,
priority use of the Sites shall be made available to the City for its organized and
supervised swim lessons at no charge during regular District hours of operation
(hours during which building maintenance or appropriate supervisory staff are
usually scheduled).
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e. City's Use Outside Regular District Hours. Subject to the scheduling
requirements and use priorities specified in Subsections (a) and (b) above,
priority use of the Pool shall be made available to the City for its organized and
supervised swim lessons.
f. Maintenance and Repair. Except as specified below (and subject to City's
obligations specified in Subsection (e above), District shall be responsible for all
maintenance and repair of the Pool. Nothing in this Agreement shall be deemed
to impose duty/responsibility upon City to inspect the District Pool. City shall
make reasonable efforts to notify District of any pool issues.
g. Downtime for Maintenance. Downtime could be required to repair or
upgrade the Pool. Activities cannot be scheduled at the site during this
maintenance period. The District shall be responsible for notifying the City of the
estimated downtime maintenance schedule a minimum of fourteen days in
advance.
3. Indemnification.
a. City Indemnification. As authorized by Government Code Section 895.4,
during the License Term, the City shall indemnify, hold harmless and defend the
District and each of its officers, officials, employees, agents, and volunteers, from
any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal
injury, death at any time and property damage) incurred by District, City or any
other person, and from any and all claims, demands and actions in law or equity
(including attorney's fees and litigation expenses), arising or alleged to have
arisen directly or indirectly out of the Use of District Facilities by the City or any of
his/her/Its officers, officials, employees, agents, volunteers, or invitees. The City's
obligations under the preceding sentence shall apply regardless of whether
District, or any of their officers, officials, employees, agents, or volunteers are
passively negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs, or damages caused solely by the gross negligence, or caused
by the willful misconduct of District or any of their officers, officials, employees,
agents, or authorized volunteers. Nothing herein shall constitute a waiver by City
of governmental immunities including California Government Code Section 810
et seq.
Throughout the life of this Agreement, the City shall pay for and maintain in full
force and effect all policies of insurance as required in Section 4, which is
incorporated into and part of this Agreement, or as may be authorized or required
in writing by the Assistant Superintendent/Chief Business Officer or designee at
any time and in his/her sole discretion. The required policy(ies) of insurance as
stated in Section 4 shall maintain limits of liability of not less than those amounts
stated therein. However, the insurance limits available to the District or any of
their officers, officials, employees, agents, and volunteers as additional insureds,
shall be the greater of the minimum limits specified therein or the full limit of any
insurance proceeds available to the named insured.
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The City shall conduct all defenses at its sole cost. The fact that insurance is
obtained by City shall not be deemed to release or diminish the liability of City,
including, without limitation, liability assumed under this Agreement. The duty to
indemnify shall apply to all claims, applicable to this agreement, regardless of
whether any insurance policies are applicable. The duty to defend hereunder is
wholly independent of and separate from the duty to indemnify and such duty to
defend exists regardless of any ultimate liability of the City. The policy limits do
not act as a limitation upon the amount of defense and/or indemnification to be
provided by the City. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of City, its officials,
officers, employees, agents, volunteers, or invitees.
b. This section shall survive termination or expiration of this agreement.
4. Insurance. It is understood and agreed that District and City maintain insurance
policies or self-insurance programs to fund their respective liabilities.
Notwithstanding, the City shall maintain, at its own cost, the following minimum
insurance coverage and shall identify the District as an additional insured under
the same:
a. Commercial general liability insurance. Said insurance shall not be less
than $2,000,000 per occurrence;
b. Commercial automobile liability insurance which shall cover all owned,
non-owned and hired automobiles. Said insurance shall not be less than
$2,000,000 per occurrence.
C. Workers compensation and employer liability which shall not be less than
$1,000,000.
d. Umbrella or excess liability insurance which shall provide the same
coverage for additional insured's. The policy shall include coverage for bodily
injury to a participant in any activity and shall not include a Participant's
exclusion, athletic participant exclusion or a sub-limit liability for bodily injury to a
participant.
Evidence of identifying the District as an additional insured shall be provided by
the City upon request. Should City contract out any of the above responsibilities
or obligation to this Agreement, City will require contractor, in writing, to
indemnify and defend District as required in this License Agreement. Contractor
will also be required to provide the following insurance requirements in favor of
District and City.
5. Funding Contingency. Except for the indemnity obligations specified herein,
the obligations of the City and the District are limited to and contingent upon
appropriation of sufficient funding in each fiscal year during the term of the
Agreement.
6. Independent Contractors. The parties are acting as independent contractors.
Neither party, nor any of its officers, associates, agents, or employees shall be
deemed an employee, partner, or agent of the other for any purpose. Each party
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shall retain as program income any and all income generated by its respective
use hereunder.
8. Notices. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given
if delivered personally or deposited into the United States mail, with postage
prepaid, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other
address as the parties may from time to time designate by written notice.
[SIGNATURES APPEAR ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
CITY OF FRESNO, CENTRAL UNIFIED SCHOOL DISTRICT,
a California municipal corporation a publics hoof district
By: By: -
T.J. ifle
PAR In erim Director Name.-
Title: Superintendent
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Att
[ _ 1 By_ APPROVED AS TO FORM-
Jo
Jo n H trup Date By
Dep City Attorney
Name:
YVONNE SPENCE, MMC CRM Title.-
City Clerk
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By: L�I.f .r� `�� 6,H
Deputy Wlwco
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