HomeMy WebLinkAbout1979-301
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RESOLUTION NO. YP-;3lJ/
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT RELATING TO JOINT USE OF CERTAIN PROPERTY FOR
RECREATIONAL PURPOSES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY I
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with the San Bernardino Community College District
relating to joint use of certain property for recreational purpose ,
a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth
at length.
I HEREBY CERTIFY that the foreg~ing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a./?1//?-1"'//A4l~ ~..fV/.-4,4/ meeting thereof, held
on the .-:l ~ day of v:.a.j' 1979, by the following
vote, to wit:
AYES:
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NAYS:
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ABSENT:
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The foregoing resolution is
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San Bernar l.no
as to form:
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A G R E E MEN T
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(Community Recreation)
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"';:<-11-1 day of I
SAN BERNARDINO r
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THIS AGREEMENT is made and entered into this
/~I c "Af- , 1979, by and between the CITY OF
a munici.al corporation, hereinafter referred to as "City", and
the SAN BERNARDINO COMMUNITY COLLEGE DISTRICT, a Community College
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WIT N E SSE T H:
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WHEREAS, City and District mutually desire to promote the
11 health and welfare of the people of the City and of the District,
12 and to cultivate and develop good citizenship by providing for a
13 program of community recreation and to conduct such a program of
14 community recreation as will contribute to the attainment of
15 general educational and recreational objectives for the residents
16 of said District and said City; and
17 WHEREAS, City and District desire to cooperate with each
18 other to carry out such a recreational program, and to that end
19 to enter into an agreement with each other to organize, promote,
20 and conduct a joint program of community recreation in order to
21 promote and cultivate the health, welfare and good citizenship of
22 the people of the City and the District; and
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WHEREAS, City and District have previously maintained a
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cooperative working arrangement, which has shown that the use of
25 grounds and facilities by the two authorities can afford the
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community increased recreational opportunities at costs below
what would otherwise be required for comparable programs; and
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WHEREAS, the development of a recreational program to meet
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the needs of the community requires optimum use of all publicly
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owned facilities which are adaptable to use for recreational
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I purposes;
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NOW, THEREFORE, in order to continue and improve the
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cooperation of the City and District in providing a program of
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community recreation more adequate for the children and adults
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within the boundaries of both the City and the District, it is
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hereby mutually agreed as follows:
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1. Provision for Facilities. District shall make avail-
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able to City the use of certain physical education facilities
12 and buildings or portions thereof, as agreed upon and 'for the
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times agreed upon between City and District, subject to the follow~
14 ing conditions:
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(a) There shall be no charges to City for the cost of
16 operation of District's facilities used for community recreational
17 purposes; any extraordinary cost of the operation shall be subject
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to negotiation by the two agencies pursuant to the provisions of
19 subparagraph (d) hereof.
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(b) The party having responsibility for the super-
21 vision of a program or activity of the community recreation pro-
22 grams may charge a legally permissible fee to participants in
23 recreational classes for costs of supervision, instruction or
24 materials used (i. e. "program costs"). Such fees may be retained
25 by the supervisory authority as a part of its budget for provid-
26 ing leadership in the community recreation program. Any such
27 fee scheduled to be charged shall be reviewed and approved by
28 City and District.
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(c) The Parks and Recreation Department of City shall
2 provide, pay and supervise the recreational leadership at District s
3 facilities when the community recreation program is sponsored by
4 City.
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(d) Types, numbers of, and any extraordinary cost to
6 be assessed for use of District's facilities which are to be used
7 for recreational purposes and schedules for use of said facilities
8 shall be established by agreement between the District and the
9 City. "Extraordinary costs" is deemed to mean costs that would
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been incurred except for City's use of facilities.
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(e) No use of buildings, grounds or equipment of
12 District for community recreation purposes pursuant to this agree-
13 ment shall interfere with the use of the buildings, grounds and
14 equipment for other purposes of the District. District's pro-
15 grams and events shall have first priority. The community
16 recreation program shall have second priority. Therefore, if an
17 educational need arises after establishment of any schedule, the
18 City shall relinquish its permit to use'Pistrict's facilities for
19 such educational need. District will provide advance written
20 notice to City should such cancellations become necessary.
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(f) Advance schedules may be altered at the request
22 of either party with the concurrence of the other party.
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(g) The administrative authority and actual program
24 directions for any recreation program shall be vested in the City'
25 Director of Parks and Recreation or his appointed representatives.
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(h) The College President and/or the Director of
27 Community Services shall be consulted and advised concerning
28 recreation activities planned for facilities under the President's
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1 jurisdiction.
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(i) City's Department of Parks and Recreation shall
3 provide the materials, supplies and equipment necessary to conduct
4 its recreational programs, except that equipment normally pro-
5 vided by the District and used for educational and recreation
6 programs may be provided from Community Service Funds.
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(j) City's Department of Parks and Recreation shall
8 return buildings and grounds used in as good condition as they
9 were when received, and shall replace or repair any building,
10 equipment or grounds which are proven to be damaged by City's
11 use.
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(k) City's Department of Parks and Recreation shall
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provide constant supervision of participants and spectators at
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recreational activities.
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2. Term. This agreement shall commence when approved and
16 signed by both parties, and shall be deemed to be automatically
17 renewed on or about July 1 of each year unless terminated.
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3. Hold Harmless. City agrees to protect, indemnify and
19 hold harmless the District from and against any and all claims,
20 demands and causes of action of any nature whatsoever, and any
21 expense incident to the defense by District of any such demand,
22 claim or action for injury to or death of persons or loss of or
23 damage to property occurring on the District's premises or the
24 adjoining sidewalks, streets or ways, in any manner growing out
25 of or connected with the City's use and occupation of said
26 premises pursuant to the provisions and during the term of this
27 Agreement. City shall at its own cost and expense procure and
28 keep in force during the term of this Agreement a policy of
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I comprehensive public liability insurance or a self insurance
2 program with limits of not less than one million dollars
3 ($1,000,000). A certificate of said insurance together with
4 an Agreement naming San Bernardino Community College District
5 as an additional named insured shall be delivered to District.
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4. Amendment. This agreement may be amended or modified
7 only by written agreements signed by both parties and failure on
8 the part of either party to enforce any provision of this agree-
9 ment shall not be construed as a w~~ver of the right to compel
10 enforcement of such provision or provisions.
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5. Termination. Either party may terminate this agreement
12 effective at the commencement of a fiscal year (July 1), by giving
13 written notice to the other party next preceding the commencement
14 of the fiscal year.
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6. Rights of Parties to Enter into.otper Agreements.
16 District reserves the right to make separate agreements with any
17 other city falling wholly or partly within its boundaries. City
18 reserves the right to make separate agreements with any other
19 school districts falling wholly or partly within its City limits.
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7. Notices. All notices herein required shall be in
21 writing and delivered in person or sent by first class mail,
22 postage prepaid, addressed as follows:
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Parks and Recreation Dept.
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Director of Community Services
San Bernardino Valley College
701 S. Mt. Vernon Avenue
San Bernardino, CA 92403
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first hereinabove written.
ATTEST:
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CITY OF
SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT
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