Resolution 12551CITY OF ALAMEDA RESOLUTION NO. 12551
AUTHORIZING AMENDMENT TO AGREEMENT BETWEEN
CITY OF ALAMEDA AND ALAMEDA UNIFIED SCHOOL DISTRICT
REGARDING MAINTENANCE AND OPERATION OF THE
EMMA HOOD AND ENCINAL SWIM CENTERS
WHEREAS, the City Council, at the November 5, 1985 City
Council meeting, approved City of Alameda Resolution 10777,
authorizing an Agreement between the City of Alameda and the
Alameda Unified School District relating to the maintenance and
operation of the Alameda and Encinal Swim Centers, and
WHEREAS, under the 1985 agreement, Alameda Unified School
District is responsible for providing a full-time maintenance
position; and
WHEREAS, as of July 1, 1994, the pool maintenance
position will be eliminated from the Alameda Unified School
District's budget; and
WHEREAS, the City of Alameda deems it necessary to hire
a part-time pool maintenance position, billing the Alameda Unified
School District for 60% of the cost;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda, that the Mayor is hereby authorized and directed to
execute, for and on behalf of the City, an amendment to Section IV
(Maintenance and Custodial Support) and Section IV (Financing of
Operation), of the agreement between the City of Alameda and the
Alameda Unified School District, and the addition of a new Section
IX (Hold Harmless), attached hereto as Exhibit A, to reflect the
new part-time pool maintenance position for the Emma Hood (formerly
Alameda Swim Center) and Encinal Swim Center. The City Clerk is
hereby directed to attest to same.
BE IT FURTHER RESOLVED that the City Clerk is directed to
forward a certified copy of this Resolution to the Alameda Unified
School District.
EXHIBIT A
AMENDMENT TO AGREEMENT
This Amendment of the Agreement, entered in to this day
of July, 1994, by and between the CITY OF ALAMEDA (hereinafter
"City") and ALAMEDA UNIFIED SCHOOL DISTRICT OF ALAMEDA COUNTY
(hereinafter "District") is made with reference to the following:
A. On November 5, 1985, an agreement was entered into by and '
between City and District (hereinafter "Agreement").
B. City and District desire to modify the Agreement on the
terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. Paragraph IV of the Agreement is modified to read as
follows:
IV. Maintenance and Custodial Support.
(a) The District shall assume all
responsibility for major maintenance and
repair service, necessary supplies for the
pools, locker rooms and restrooms.
(b) The City shall assume responsibility for
custodial services and daily testing of pool water.
(c) The City shall also assume responsibility
for minor daily maintenance of the pool deck
and bleachers.
(d) If in the interest of public health and
safety or for essential repairs it is deemed
advisable to close the pools the
responsibility for said decisions rests with
the District.
2. Subsections (c) & (d) of Paragraph VI of the Agreement
are modified to read as follows:
(c) Quarterly, the District shall determine
the actual cost of major maintenance and
repairs and supplies for the period. The
District will then bill the City at 40
percent.
(d) Quarterly, the City shall determine the
actual cost of custodial services and minor
daily maintenance and bill the District at 60
percent.
3. The Agreement is modified to add a paragraph IX to read
as follows:
District shall indemnify, defend and hold
harmless City, its City Council, boards and
commissions, officers and employees from and
against any and all loss, damages, liability,
claims, suits, costs and expenses whatsoever,
including reasonable attorneys' fees,
regardless of the merits or outcome of any
such claim or suit arising from or in any
manner connected to District's use of the
Centers pursuant to this Agreement.
City shall indemnify, defend and hold harmless
District, its Board, commissions, officers and
employees from and against any and all loss,
damages, liability, claims, suits, costs and
expenses whatsoever, including reasonable
attorneys' fees, regardless of the merits or
outcome of any such claim or suit arising form
or in any manner connected to City's use of
the Centers pursuant to this Agreement.
4. Except as expressly modified herein, all other terms and
covenants set forth in the Agreement shall remain the same and
shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
modification of Agreement to be executed on the day and year first
above written.
ALAMEDA UNIFIED SCHOOL
DISTRICT OF ALAMEDA COUNTY
A Public Corporation
CITY OF ALAMEDA
A Municipal Corporation
By: By:
RECOMMENDED FOR APPROVAL:
Recreation and Park Manager
APPRPVEPr-AS TP,FORM:
C
City Attorney
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 5th day of
July , 1994, by the following vote to wit:
AYES:
NOES:
ABSENT:
Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Withrow - 5.
None.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 6th day of July , 1994.
Diane e Felsch, City Clerk
City of Alameda