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HomeMy WebLinkAboutSanta Ana Unified School District (20)City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with Santa Ana Unified School District 2014 DEC - CITY OF' SANTA ANA CLERK OF COUC-il_. Use Only No. A-2006-305 was completed on 6/30/07 and final payment has been made. (List all amendments. Use space below if needed.) Department: PRCSA Phone/Ext.: 5254 Signature: z , Q � )L A kzt�%L Date: A-2006-305 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL MUTUAL USE AGREEMENT DATE: ;01' 06 (o): /t''rifs V Aze (1) 7,6,1V H-) THIS MUTUAL USE AGREEMENT ("Agreement'), made and entered into this 31s` day of October, 2006 by and between Santa Ana Unified School District, a public school district organized and existing under the laws of the state of California (hereinafter "SAUSD"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The City is the owner of Memorial Park Swimming Pool, located at 2102 S. Flower Street, Santa Ana, California. B. SAUSD is renovating the swimming pool at Valley High School and is in need of a location to hold swim team and water polo practice for the high school teams. C. The City and SAUSD desire to enter into a mutual use agreement for the use of the City owned Memorial Park Swimming Pool. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: USE OF SWIMMING POOL FACILITIES City agrees that SAUSD may utilize the Memorial Park Swimming Pool and locker facilities (hereinafter "Swim Facility") for Valley High School swim team and water polo practices, on a schedule agreed between SAUSD and City Recreation Superintendent. Use of the Facility is limited to daylight hours. A. City Use of Swim Facility 1. City shall have priority for use of the Swim Facility for community, recreational, municipal and public swimming. 2. City staff shall open and close the Swim Facility each day. B. SAUSD Use of Swim Facility 1. SAUSD shall utilize the Swim Facility for practices on a schedule to be approved by the City Recreation Superintendent and SAUSD designated agent. 2. TERM This Agreement shall commence on September 1, 2006 and shall continue through the 2006-07 SAUSD school year, unless terminated earlier in accordance with Section 20, below. The Executive Director of the Parks, Recreation and Community Services Agency and the City Attorney may extend the term of this Agreement on behalf of the City. The may modify this Agreement on behalf of SAUSD. 3. COMPENSATION SAUSD shall pay the following fees and charges for its use of the Swim Facility: • $4,500.00 per month, in arrears, to help defray the City's costs of utilities. • An hourly rental fee of $4.56 per hour. (City has reduced the hourly rate because SAUSD is responsible for hiring and supervision of lifeguards as required by law.) This fee will be paid each month, in arrears. • SAUSD shall, upon execution of this Agreement, provide a $3,000 refundable deposit to be available to cover the cost of equipment failure due to SAUSD's use of the pool during the winter months when the City does not utilize the Swim Facility. Such equipment failure does not include routine maintenance charges which will be paid by City. 4. CITY'S RESPONSIBILITIES A. City shall provide the following to SAUSD: 1. All Swim Facility maintenance and repairs. 2. Staff to open and close the Swim Facility. However, City and SAUSD may mutually agree that a designated SAUSD staff member will be responsible for such opening and closing if SAUSD use is not within normal City business hours. 3. Regular maintenance, including cleaning and supplies for restrooms. B. SAUSD shall provide the following: 1. A first aid/CPR certified lifeguard shall be present during any and all SAUSD use of the Swim Facility to closely monitor the safety of participants. The parties understand and agree that no City lifeguard will be on duty during SAUSD use of the Swim Facility and that SAUSD shall provide all necessary lifeguards as required law. 2. SAUSD shall not allow anyone not participating on the swim or water polo team to be present during SAUSD use of the Swim Facility. 3. At the end of each practice session, SAUSD shall clean and store all equipment and dispose of trash. 4. Upon the expiration of the term of this Agreement, or upon earlier termination, SAUSD shall leave the Swim Facility in as good order and condition as it was at the beginning of the term of the Agreement, ordinary wear and tear excepted. 5. FACILITIES COVERED The term "Swim Facility" shall, for the purposes of this Agreement, mean the pool, locker facility and supporting parking at the Memorial Park Swimming Pool. 6. EQUIPMENT USE: If equipment is damaged or destroyed during or by a specific program or event, the entity responsible for the program or event shall pay for the damage or destruction. LIABILITY AND INDEMNIFICATION A. SAUSD shall indemnify, defend, and hold harmless CITY, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with activities or programs sponsored by SAUSD at the Swim Facility. B. SAUSD shall be financially responsible for any damages caused by SAUSD use of the Swim Facility. 8. INSURANCE SAUSD shall maintain, for the period covered by this Agreement, Commercial General Liability Insurance. SAUSD shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of SAUSD's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. SAUSD shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney. LOSS OF USE OF PROPERTY When a loss of the use of the Swim Facility is the result of program activities, the entity that operated and/or arranged the activity that caused the damage shall repair the Swim Facility at its own expense and cost as expeditiously as possible. 10. ASSIGNMENT AND SUBLEASE SAUSD may not assign or sublease its rights or obligations under this Agreement. 11. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 (M-23) Santa Ana, CA 92702 Facsimile (714) 571-4221 Attn: Executive Director of Parks, Recreation and Community Services With courtesy copy to : If to SAUSD: Clerk of the Council City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 (M-30) Facsimile: 714-647-6956 Santa Ana Unified School District 1601 E. Chestnut Santa Ana, CA 92701 Facsimile Attn: 12. SEVERABILITY AND APPLICABLE LAW Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions of this Agreement. This Agreement has been made and entered into in the State of California and the laws of said State shall govern the validity and interpretation hereof and the parties' performance hereunder. 13. AMENDMENTS This Agreement sets forth the entire understanding between the parties with respect to the use of the Swim Facility. Any modifications must be in the form of a written amendment signed by both parties which becomes part of the agreement. 14. WAIVER The failure of City or SAUSD to insist upon strict performance of any of the terms, conditions, or covenants in this Agreement shall not be deemed a waiver of any right or remedy which City or SAUSD may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, or covenants herein contained. 15. BINDING EFFECT This Agreement and all the terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 16. COUNTERPARTS This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same Agreement. 17. NON -BINDING DISPUTE ALTERNATIVE Disputes or disagreements arising under this Agreement shall first be sent to a committee consisting of the following: Principal of Valley High School or designee, Santa Ana Parks, Recreation and Recreation Superintendent or designee and the Memorial Park Swimming Pool Supervisor for resolution. If no mutually agreeable resolution can be established by the committee, the parties may pursue all legal avenues. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. DESIGNATION The Executive Director of the Parks, Recreations and Community Services Agency, together with the City Attorney, shall have the power to enforce or extend the terms of this Agreement on behalf of the City. The shall have the power to enforce or extend the terms of this Agreement on behalf of the SAUSD. 20. TERMINATION Either party may terminate this Agreement, at will, with 30 days prior written notice to the other party. // // // // // // // IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. SANTA ANA UNIFIED CITY OF SANTA ANA SCHOOL DISTRICT i DAVID N. (NAPE) City Manager (Tit ) PA.TRICIA F. HEALY Clerk of the Council APPROVED AS TO FORM: 4 to 4KjO EPH W. ETCHE City Attorney RECOMMENDED FOR AP VAL GERARDO MOU T Executive Director Parks, Recreation and Community Services Agency EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Countersigned by Authorized Representative