2300 - El Monte Union High School District - Joint Use Agreement - Rosemead PoolSouthern California RELIEF CERTIFICATE OF COVERAGE
Issue Date
6/27/2023
ADMINISTRATOR: LICENSE # 0451271
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Keenan & Associates
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
2355 Crenshaw Blvd., Suite 200
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Torrance, CA 90501
AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
310-212-0363
ENTITYA Southern California ReLiEF
COVERED PARTY:
EI Monte Union High School District
ENTITY B :
3537 Johnson Avenue
ENTITY C:
EI Monte CA 91731
ENTITY D
ENTITY E.
THIS IS TO CERTIFYTHAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDINGANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE
AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
MEMBER
ENT
LTR
TYPE OF COVERAGE
COVERAGE
EFFECTIVE/
RETAINED LIMIT
LIMITS
DOCUMENTS
EXPIRATION DATE
I DEDUCTIBLE
A
GENERAL LIABILITY
COMBINED SINGLE LIMIT EACH OCCURRENCE
[ GENERAL LIABILITY
[ 1CLAIMSMADE [.fOCCURRENCE
SCR 01722-01
7/1/2023
$ 50,000
s 1,000,000
[ GOVERNMENT CODES
7/1/2024
[ ERRORS & OMISSIONS
[ I SEXUAL ABUSE AND MOLESTATION
A
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT EACH OCCURRENCE
ANY AUTO
SCR 01722-01
7/1/2023
$ 50,000
s 1,000,000
[ HIRED AUTO
[ NON -OWNED AUTO
7/1/2024
[ GARAGE LIABILITY
I AUTO PHYSICAL DAMAGE
A
PROPERTY
SCR 01722-01
7/1/2023
s 25,000
s 500,250,000
IALL RISK
I EXCLUDES EARTHQUAKE& FLOOD
7/1/2024
EACH OCCURRENCE
[ ] BUILDER'S RISK
A
STUDENT PROFESSIONAL LIABILITY
SCR 01722-01
7/1/2023
E 50,000
s Included
7/1/2024
EACH OCCURRENCE
WORKERS COMPENSATION
f I WC STATUTORY LIMITS [ ] OTHER
[ ] EMPLOYERS' UABIUTY
E
E
E.L. EACH ACCIDENT
E
EXCESS WORKERS COMPENSATION
[ I EMPLOYERS' LIABILITY
E
E . DISEASE - EACH EMPLOYEE
E
E . DISEASE - POLICY LIMITS
OTHER
E
E
DESCRIPTION OF OPERATIONSrLOCATIONSNEHICLESIRESTRJCTONS/SPECIAL PROVISIONS:
As respects to EI Monte Union HSD's use of facilities for use of the city pool for Rosemead High School swim practice.
Monday - Friday 3:15pm - 5:15pm.
CERTIFICATE HOLDER:
SHOULD ANY OF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Ciof Rosemead
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
8838 East Valley Boulevard
ACCORDANCE WITH THE POLICY PROVISIONS
Rosemead CA 91770
John Stephens AUTHORIZED REPRESENTATIVE
75037543 1 ELMMUNI 1 23121 Super Pool P&L I Trisha Pond 1 6/27/2023 11:21:45 AN (PET) I Page 1 of 2
DISCLAIMER
The Certificate of Coverage on the reverse side of this forth does not constitute a contract between the issuing
entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the coverage documents listed thereon.
15037543 1 ELMONUNI 1 23/24 Super Pool P&L I Trisha reed 1 6/27/2023 11:21:45 AM (PST) I Page 2 of 2
Keenan & Associates
2355 Crenshaw Blvd., Suite 200
Torrance, CA 90501
City of Rosemead
8838 East Valley Boulevard
Rosemead CA 91770
Good Afternoon,
MAIL DOCUMENT
Certificate of Insurance Delivery by ecerlsonlineT
Trisha Pond
310-212-0363
4 x.., Cert No. 75037543 - Certificate of Coverage: EI
Monte Union High School District -
Jj Wfi6j
6/27/2023
„,�. www.keenan.com
This COI issued for you supersedes any COI issued for the 23/24 program year previously issued for
you. Should you have any questions, please do let me know.
Thank you!
Trisha Pond on behalf of EI Monte Union High School District
Account Manager
Keenan
This document was created by eCertsONLINE.
The attached document(s) contain certification of insurance coverage for the insured named in the
subject above. Your company is listed as the organization requesting receipt of these documents.
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ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VAREGLY.AR POSTAL SERVICE.
Certificate of Insurance Delivered by ecartsonlineTM Insurance Visions, Inc. All rights reserved.
a °
RECREATION AGREEMENT
THIS AGREEMENT, made and entered into as of the 23rd day of
April, 1996, by and between the CITY of Rosemead, hereinafter called
"CITY ", and the E1 Monte Union High School District, hereinafter
called "DISTRICT ".
WITNESSETH•
WHEREAS, CITY operates and maintains Rosemead Pool,
hereinafter called "City Property ", which is capable of being used by
DISTRICT for educational purposes and for DISTRICT - sponsored
recreation activities, and DISTRICT operates and maintains the
Rosemead High School Gymnasium, hereinafter called "School Property",
which is capable of being used for Community Recreation activities
sponsored and conducted by CITY; and
WHEREAS, CITY and DISTRICT desire to provide by contract for
the use of such School Property by CITY for Community Recreation
activities and for the use of CITY Property for educational purposes
and recreational purposes sponsored by DISTRICT in order to provide
for a program of Community Recreation activities pursuant to
provisions of the Educational Code and;
WHEREAS, the Education Code, and the Government Code authorize,
Cities and School Districts to cooperate with each other in the
development and execution of adequate programs of Recreation.
NOW, THEREFORE, in consideration of the covenants and
conditions hereinafter set forth and pursuant to the provisions of
law hereinabove referred to, it is agreed as follows:
1. DISTRICT agrees to make available to CITY the Rosemead
High School Gymnasium for Community Recreation
activities on the terms and conditions hereinafter
specified.
a. Gymnasium use will be "traded" for pool use on an
hour for hour basis with no exchange of monies.
(Any additional hours above hour - for -hour exchange
will be billed to the City or the District as it
pertains to the activity for the actual employee
hourly salary and fringe benefits).
b. The specific hours of use for such purposes shall
be those agreed upon from time to time between the
Director of Recreation and Parks of CITY and the
Superintendent of District. CITY shall use said
area at such times and in such a manner so as not
to interfere with normal school usage.
-1-
0 0
C. DISTRICT shall save and hold CITY harmless from
any claims or causes of action for injury to
persons or damage to property which may arise by
reason of any dangerous or defective condition of
School Property, including permanently installed
recreation and play equipment situated on School
Property.
d. DISTRICT shall provide all maintenance and
custodial services on DISTRICT properties used by
City.
e. All permanent equipment owned by DISTRICT within
the gymnasium, such as bleachers, backboards, time
clock, restrooms, may be used for such Community
Recreation activities and CITY shall provide all
other materials and equipment to be used in such
Community Recreation activities.
f. CITY shall provide all supervisory personnel for
Community Recreation activities conducted by CITY
on School Property hereinunder.
g. CITY shall indemnify and save harmless DISTRICT,
its officers and employees, from and against any
and all damages to property or injuries to or
death of any person or persons, including property
and employees or agents of DISTRICT, and shall
defend, indemnify and save harmless DISTRICT, its
officers, and employees, from and against any and
all claims, demands, suits, actions or proceedings
of any kind or nature, including, but not by way
of limitation, worker's compensation claims,
resulting from or arising out of the negligent
acts, intentional acts, errors or omissions of
CITY, its employees or subcontractors.
h. CITY shall be responsible for any damage to School
Property which may result from any Community
Recreation activities being conducted by CITY on
School Property hereunder.
i. CITY shall submit reports to DISTRICT on the
condition of school facilities used by CITY.
2. CITY agrees to make available to DISTRICT, Rosemead
Pool for educational purposes and recreational
activities sponsored by DISTRICT.
a. Pool use will be traded for Gymnasium use on an
hour - for -hour basis with no exchange of monies.
(Any additional hours above hour - for -hour exchange
will be billed to the City or the District as it
pertains to the activity for actual employee
hourly salary and fringe benefits).
-2-
• 0
b. The specific hours of use for such purposes shall
be those agreed upon from time to time between the
Superintendent of DISTRICT and Director of
Recreation and Parks of City.
C. CITY shall hold DISTRICT harmless from any and all
claims and causes of action for injury to persons
or damage to property which may arise by reason of
any dangerous or defective conditions of CITY
Property, including permanently installed
recreation and play equipment situated on CITY
PROPERTY.
d. CITY shall provide all maintenance and custodial
services on CITY properties used by DISTRICT.
e. All permanent equipment owned by CITY within the
pool, such as the Pool itself, shower facilities,
restrooms, may be used for such educational and
recreational activities. DISTRICT shall provide
all other materials and equipment to be used in
such educational and recreational activities.
f. DISTRICT shall provide all supervisory personnel
for educational and recreational activities
conducted by DISTRICT on CITY property hereunder.
g. DISTRICT shall indemnify and save harmless CITY,
its officers and employees, from and against any
and all damages to property or injuries to or
death of any person or persons, including property
and employees or agents of CITY, and shall defend,
indemnify and save harmless CITY, its officers,
and employees, from and against any and all
claims, demands, suits, actions or proceedings of
any kind or nature, including, but not by way of
limitation, worker's compensation claims,
resulting from or arising out of the negligent
acts, intentional acts, errors or omissions of
DISTRICT, its employees or subcontractors.
h. DISTRICT shall submit reports to CITY on the
condition of CITY Property, equipment, and
facilities used by District. ,
3. The term of this agreement shall commence the 23rd day
of April 1996, and end on the 31st day of December
1999. This agreement may be extended hereafter by
written mutual agreement. This agreement may be
terminated by either entity giving no less than 30 days
written notice to the other party.
-3-
0 0
IN WITNESS WHEREOF, the City of Rosemead, by order of its City
Council and the E1 Monte Union High School District, by order
of its Board of Trustees, have caused this agreement to be
executed on each party's behalf by its duly authorized
officers, the day and year first above written.
CITY OF ROSEMEAD
is
ATTEST:
BY:
EL
agreemen -4-
DISTRICT
SUPERINTENDENT OF SCHOOLS AND
SECRETARY TO THE BOARD OF
TRUSTEES (Authorized Agent)
0 0
a�;k.; • • RE'EaED
ko' CITY OF ROOEMEAD
uuf 10 1991,
RECREATION AGREEMENT CITY CLERK'S OFFICE
THIS AGREEMENT, made and entered into as of the 30th day of
September 19 90, by and between the CITY of Rosemead, hereinafter
called CITY", and the E1 Monte Onion High School District, hereinafter called
"DISTRICT ":
WITNESSETH:
WHEREAS, CITY operates and maintains Rosemead Pool, hereinafter called
"City Property ", which is capable of being used by DISTRICT for educational
purposes and for DISTRICT — sponsored recreation activities, and DISTRICT
operates and maintains the Rosemead High School Gymnasium, hereinafter called
"School Property ", which is capable of being used for Community Recreation
activities sponsored and conducted by CITY; and.
WHEREAS, CITY and DISTRICT desire to provide by contract for the use of
such School Property by CITY for Community Recreation activities and for the
use of CITY Property for educational purposes and recreational purposes
sponsored by DISTRICT in order to provide for a program of Community Recreation
activities pursuant to provisions of the Educational Code; and commenc .".ng at
Section 16551.
WHEREAS, the Education Code, and the Government Code authorize Cities and
` School Districts to cooperate with each other in the development and execution
of adequate programs of Recreation.
NOW, THEREFORE, in consideration of the covenants and conditions
hereinafter set forth and pursuant to the provisions of law hereinabove
referred to, it is agreed as follows:
1. DISTRICT agrees to make available to CITY the Rosemead High School
Gymnasium for Community Recreation activities on the terms and
conditions hereinafter specified;
a) Gymnasium , use will be "traded" for pool use on a hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Director of Recreation and
Parks of CITY and the Superintendent of District. CITY shall use
said area at such times and in such a manner so as not to
interfere with normal school usage.
c)
DISTRICT shall save'- and:,hold CITY harmless from any claims or
causes of action "foi "iltjury:..to persons or damage to property
which may arise by reason ofa`p'y`- 'dangerous or defective condition
of School Property, including "pg`wanently installed recreation
and play equipment situated on School Property.
I )
2)
d) DISTRICT shall provide all maintenance and custodial services on
DISTRICT properties used by City.
e) All permanent equ ipment. owned by DISTRICT'.within the gymnasium;
such as bleacher, backboards, time clock, restrooms, may be used
for such Community Recreation activities and CITY shall provide
all other materials and equipment to be used in such Community
Recreation activities.
f) CITY shall provide all supervisory personnel for Community
Recreation activities conducted by CITY on School Property
hereinunder.
g) CITY shall save and hold DISTRICT harmless from any claims or
causes of action for injury to persons or damage to property
resulting from negligence or inadequate supervision of any
Community Recreation activities conducted by CITY on School
Property hereinunder.
h) CITY shall be responsible for any damage to School Property which
may result from any Community Recreation activities being
conducted by CITY on School Property hereunder.
CITY shall submit reports to DISTRICT on the condition of school
facilities used by CITY.
CITY agrees to make .available to DISTRICT, Rosemead Pool. for
educational purposes and recreational activities sponsored by
DISTRICT.
a). Pool use will be traded for Gymnasium use on an hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Superintendent of DISTRICT and
Director of Recreation and Parks of City.
c) CITY shall hold DISTRICT harmless from any and all claims and
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective
conditions of CITY Property, including permanently installed
recreation and play equipment situated on CITY Property,
d) CITY shall provide all maintenance and custodial services on CITY
properties used by DISTRICT.
e) A11 permanent equipment owned by CITY within the pool, such as
the Pool itself, shower facilities, restrooms, may be used for
such educational and recreational activities. DISTRICT shall
provide all other materials and equipment to be used in such
educational and recreational activities.
-2-
f) DISTRICT shall provide all supervisory personnel for educational and
recreational activities conducted by DISTRICT on CITY property
hereunder.
g) DISTRICT shall save and hold CITY harmless from all claims or causes
of action for injury to persons or damage Co property resulting from
the negligence or inadequate supervision of any school– sponsored
activities conducted by DISTRICT on CITY Property hereunder. -
i) DISTRICT shall submit reports to CITY on the condition of CITY
Property, equipments, and facilities used by District.
3. The term of this agreement shall commence the lsttr.day of _September
14.90, and end on the - 30chday of June— 19'9J. This
agreement may be extended on. a year to year basis on both agencies
acceptance, however, this agreement may be terminated by either entity
giving no less than 30 days written notice to the other party.
IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and
the E1 Monte Union High School District, by order of its Board of Trustees,
have caused this agreement to be executed on each party's behalf by its duly
authorized officers, the day and year first above written.
ATTE /
BY 2GCC G[/G�c y
6/City Clerk
Dated: February 12, 1991
By OF ZR;7 �^I /!) -y1
MAYOR
EL
By
HIGH SCHOOL DISTRICT
By
SUPERINTENDENT OF SCHOOLS 6
SECRETARY TO THE BOARD OF TRUSTEES
(Authorized Agent)
–3–
0
RECREATION AGREEMENT
THIS AGREEMENT, made and entered into as of the 30th day of
September 19 90, by and between the CITY of Rosemead, hereinafter
called 'CITY ", and the E1 Monte Union High School District, hereinafter called
"DISTRICT ":
WITNESSETH:
WHEREAS, CITY operates and maintains Rosemead Pool, hereinafter called
City Property", which is capable of being used by DISTRICT for educational
purposes and for DISTRICT — sponsored recreation activities, and DISTRICT.
operates and maintains the Rosemead High School Gymnasium, hereinafter called
"School Property ", which is capable of being used for Community Recreation
activities sponsored and conducted by CITY; and
WHEREAS, CITY and DISTRICT desire to provide by contract for the use of
such School Property by CITY for Community Recreation activities and for the
use of CITY Property for educational purposes and recreational purposes
sponsored by DISTRICT in order to provide for a program of Community Recreation
activities pursuant to provisions of the Educational Code; and commenc-.ng at
Section 16551.
WHEREAS, the Education Code, and the Government Code authorize Cities and
School Districts to cooperate with each other in the development and execution
of adequate programs of Recreation.
NOW, THEREFORE, in consideration of the covenants and conditions
hereinafter set forth and pursuant to the provisions of law hereinabove
referred to, it is agreed as follows:
1. DISTRICT agrees to make available to CITY the Rosemead High School
Gymnasium for Community Recreation activities on the terms and
conditions hereinafter specified;
a) Gymnasium .use will be "traded" for pool use on a hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Director of Recreation and
Parks of CITY and the Superintendent of District. CITY shall use
said area at such times and in such a manner so as not to
interfere with normal school usage.
c) DISTRICT shall save and told CITY harmless from any claims or
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective condition
of School Property, including permanently installed recreation
and play equipment situated on School Property.
0 0
d) DISTRICT shall provide all maintenance and custodial services on
DISTRICT properties used by City. —
e) All permanent equipment owned by DISTRICT within the. gymnasium,
such as bleacher, backboards, time clock, restrooms, may be used
for such Community Recreation activities and CITY shall provide
all other materials and equipment to be used in such Community
Recreation activities.
f) CITY shall provide all supervisory personnel for Community
Recreation activities conducted by CITY on School Property
hereinunder.
g) CITY shall save and hold DISTRICT harmless from any claims or
causes of action for injury to persons or damage to property
resulting from negligence or inadequate supervision of any
Community Recreation activities conducted by CITY on School
Property hereinunder.
h) CITY shall be responsible for any damage to School Property which
may result from any Community Recreation activities being
conducted by CITY on School Property hereunder.
1) CITY shall submit reports to DISTRICT on the condition of school
facilities used by CITY.
2) CITY agrees to make available to DISTRICT, Rosemead Pool. for
educational purposes and recreational activities sponsored by
DISTRICT.
a) Pool use will be traded for Gymnasium use on an hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Superintendent of DISTRICT and
Director of Recreation and Parks of City.
c) CITY shall hold DISTRICT harmless from any and all claims and
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective
conditions of CITY Property, including permanently installed
recreation and play equipment situated on CITY Property,
d) CITY shall provide all maintenance and custodial services on CITY
properties used by DISTRICT.
e) All permanent equipment owned by CITY within the pool, such as
the Pool itself, shower facilities, restrooms, may be used for
such educational and recreational activities. DISTRICT shall
provide all other materials and equipment to be used in such
educational and recreational activities.
-2-
f) DISTRICT shall
recreational
hereunder.
0
provide all supervisory personnel for educational and
activities conducted by DISTRICT on CITY property
g) DISTRICT shall save and hold CITY harmless from all claims or causes
of action for injury to persons or damage to property resulting from
the negligence or inadequate supervision of any school- sponsored
activities conducted by DISTRICT on CITY Property hereunder.
i) DISTRICT shall submit reports to CITY on the condition of CITY
Property, equipments, and facilities used by District.
3. The term of this agreement shall commence the 1st day of _September
19 90, and end on the _ 30 day of June— 1991. This
agreement may be extended on. a year to year basis on both agencies
acceptance, however, this agreement may be terminated by either entity
giving no less than 30 days written notice to the other party.
IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and
the E1 Monte Union High School District, by order of its Board of Trustees,
have caused this agreement to be executed on each party's behalf by its duly
authorized officers, the day and year first above written.
CITY OF ROS AD
By �G�
MAYOR
ATTEST:
BY: iLC
ity Clerk EL 707E UNION �HIGH SCHOOL DISTRICT
Dated: February 12, 1991 / 1 /
By
By -
SUPERINTENDENT OF SCHOOLS 6
SECRETARY TO THE BOARD OF TRUSTEES
(Authorized Agent)
-3-
quA
RECREATION AGREEMENT
THIS AGREEMENT, made and
October 198 9, by
called "CITY ", and the E1 Monte
"DISTRICT ° : - -,_- -- --
entered into as of the 3rd day of
and between the CITY of Rosemead, hereinafter
Union High School District, hereinafter called
WITNESSETH:
WHEREAS, CITY operates and maintains Rosemead Pool, hereinafter called
City Property", which is capable of being used by DISTRICT for educational
purposes and for DISTRICT - sponsored recreation activities, and DISTRICT
operates and maintains the Rosemead High School Gymnasium, hereinafter called
"School Property ", which is capable of being used for Community Recreation
activities sponsored and conducted by CITY; and
WlaREAS, CITY and DISTRICT desire to provide by contract for the use of
such School Property by CITY for Community Recreation activities and for the
use of CITY Property for educational purposes and recreational purposes
sponsored by DISTRICT in order to provide for a program of Community Recreation
activities pursuant to provisions of the Educational Code; and commenc:ng at
Section 16551.
WfiER::AS, the Education Code, and the Government Code authorize Cities and
School Districts to cooperate with each other in the development and execution
of adequate programs of Recreation.
NOW, THEREFORE, in consideration of the covenants and conditions
hereinafter set forth and pursuant to the provisions of law hereinabove
referred to, it is agreed as follows:
1. DISTRICT agrees to make available to CITY the Rosemead High School
Gymnasium for Community Recreation activities on the terms and
conditions hereinafter specified;
a) Gymnasium , use will be "traded" for pool use on a hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Director of Recreation and
Parks of CITY and the Superintendent of District. CITY shall use
said area at such times and in such a manner so as not to
interfere with normal school usage.
c) DISTRICT shall save and hold CITY harmless from any claims or
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective condition
of School Property, including permanently installed recreation
and play equipment situated on School Property.
1)
2)
d) DISTRICT shall provide all maintenance and custodial services on
DISTRICT properties used by City.
e) All permanent equipment. owned by DISTRICT within the gymnasium,
such as bleacher, backboards, time clock, restrooms, may be used
for such Community Recreation activities and CITY shall provide
all other materials and equipment to be used in such Community
Recreation activities.
f) CITY shall provide all supervisory personnel for Community
Recreation activities conducted by CITY on School Property
hereinunder.
g) CITY shall save and hold DISTRICT harmless from any claims or
causes of action for injury to persons or damage to property
resulting from negligence or inadequate supervision of any
Community Recreation activities conducted by CITY on School
Property hereinunder.
h) CITY shall be responsible for any damage to School Property which
may result from any Community Recreation activities being
conducted by CITY on School Property hereunder.
CITY shall submit reports to DISTRICT on the condition of school
facilities used by CITY.
CITY agrees. to make available to DISTRICT, Rosemead Pool for
educational purposes and recreational activities sponsored by
DISTRICT.
a) Pool use will be traded for Gymnasium use on an hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Superintendent of DISTRICT and
Director of Recreation and Parks of City.
c) CITY shall hold DISTRICT harmless from any and all claims and
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective
conditions of CITY Property, including permanently installed
recreation and play equipment situated on CITY Property,
d) CITY shall provide all maintenance and custodial services on CITY
properties used by DISTRICT.
e) All permanent equipment owned by CITY within the pool, such as
the Pool itself, shower facilities, restrooms, may be used for
such educational and recreational activities. DISTRICT shall
provide all other materials and equipment to be used in such
educational and recreational activities.
-2-
IN WITNESS WHEREOF, the City of Rosemead, by order of its. City Council and
the El Monte Union High School District, by order of its Board of Trustees,
have caused this agreement to be executed on each party's behalf by its duly
authorized officers, the day and year first above written.
CITY OF RO�SEMMEAD
By
ATTEST:
'BY: u.G[, 6da t !'t &Ay
EL M E UNION IGH SCHOOL DISTRICT
By
By v
SUPERINTENDENT OF SCHOOLS 6
SECRETARY TO THE BOARD OF TRUSTEES
(Authorized Agent)
-3-
f)
DISTRICT shall provide all supervisory personnel for educational and
recreational activities conducted by DISTRICT on CITY .property
hereunder.
g)
DISTRICT shall save and hold CITY harmless from all claims or causes
of action for injury to persons or damage to property resulting from
the negligence or inadequate supervision of any school- sponsored
activities conducted by DISTRICT on CITY Property hereunder.
i)
DISTRICT shall submit reports to CITY on the condition of CITY
Property, equipments, and facilities used by District.
3.
The term of this agreement shall commence the 3rdday of October
198.91 and end on the 3Ilt1L day of Sap r , 193C';. This
-t-Q
agreement may be extended on a year to year basis on both agencies
acceptance, however, this agreement may be terminated by either entity
giving no less than 30 days written notice to the other party.
IN WITNESS WHEREOF, the City of Rosemead, by order of its. City Council and
the El Monte Union High School District, by order of its Board of Trustees,
have caused this agreement to be executed on each party's behalf by its duly
authorized officers, the day and year first above written.
CITY OF RO�SEMMEAD
By
ATTEST:
'BY: u.G[, 6da t !'t &Ay
EL M E UNION IGH SCHOOL DISTRICT
By
By v
SUPERINTENDENT OF SCHOOLS 6
SECRETARY TO THE BOARD OF TRUSTEES
(Authorized Agent)
-3-
0 r
RECREATION AGREEMENT
THIS AGREEMENT, made and entered into as of the 6th day of
September 1988, by and between the CITY of Rosemead, hereinafter
called "CITY ", and the E1 Monte Union High School District, hereinafter called
"DISTRICT ":
WITNESSETH:
WHEREAS, CITY operates and maintains Rosemead Pool, hereinafter called
"City Property ", which is capable of being used by DISTRICT for educational
purposes and for DISTRICT— sponsored recreation activities, and DISTRICT
operates and maintains the Rosemead High School Gymnasium, hereinafter called
"School Property ", which is capable of being used for Community Recreation
activities sponsored and conducted by CITY; and
WHEREAS, CITY and DISTRICT desire to provide by contract for the use of
such School Property by CITY for Community Recreation activities and for the
use of CITY Property for educational purposes and recreational purposes
sponsored by DISTRICT in order to provide for a program of Community Recreation
activities pursuant to provisions of the Educational Code; and commenc,.ag at
Section 16551.
WHEREAS, the Education Code, and the Government Code authorize Cities and
School Districts to cooperate with each other in the development and execution
of adequate programs of Recreation.
NOW, THEREFORE, in consideration of the covenants and conditions
hereinafter set forth and pursuant to the provisions of law hereinabove-
referred to, it is agreed as follows:
1. DISTRICT agrees to make available to CITY the Rosemead High School
Gymnasium for Community Recreation activities on the terms and
conditions hereinafter specified;
a) Gymnasium , use will be "traded" for pool use on a hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Director of Recreation and
Parka of CITY and the Superintendent of District. CITY shall use
said area at such times and in such a manner so as not to
interfere with normal school usage.
c) DISTRICT shall save and hold CITY harmless from any claims or
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective condition
of School Property, including permanently installed recreation
and play equipment situated on School Property.
d) DISTRICT shall provide all maintenance and custodial services on
DISTRICT properties used by City.
e) All permanent equipment owned by DISTRICT within the gymnasium,
such as bleacher, backboards, time clock, restrooms, may be used
for such Community Recreation activities and CITY shall provide
all other materials and equipment to be used in such Community
Recreation activities.
f) CITY shall provide all supervisory personnel for Community
Recreation activities conducted by CITY on School Property
hereinunder.
g) CITY shall save and hold DISTRICT harmless from any claims or
causes of action for injury to persons or damage to property
resulting from negligence or inadequate supervision of any
Community Recreation activities conducted by CITY on School
Property hereinunder.
h) CITY shall be responsible for any damage to School Property which
may result from any Community Recreation activities being
conducted by CITY on School Property hereunder.
1) CITY shall submit reports to DISTRICT on the condition of school
facilities used by CITY.
2) CITY agrees to make available to DISTRICT, Rosemead Pool- for
educational purposes and recreational activities sponsored by
DISTRICT,.
a) Pool use will be traded for Gymnasium use on an hour for hour
basis with no exchange of monies.
r
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Superintendent of DISTRICT and
Director of Recreation and Parks of City.
c) CITY shall hold DISTRICT harmless from any and all claims and
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective
conditions of CITY Property, including permanently installed
recreation and play equipment situated on CITY Property,
d) CITY shall provide all maintenance and custodial services on CITY
properties used by DISTRICT.
e) All permanent equipment owned by CITY within the pool, such as
the Pool itself, shower facilities, restrooms, may be used for
such educational and recreational activities. DISTRICT shall
provide all other materials and equipment to be used in such
educational and recreational activities.
-2-
I
f) DISTRICT shall provide all supervisory personnel for educational and
recreational activities conducted by DISTRICT on CITY property
hereunder.
g) DISTRICT shall save and hold CITY harmless from all claims or causes
of action for injury to persons or damage to property resulting from
the negligence or inadequate supervision of any school- sponsored
activities conducted by DISTRICT on CITY Property hereunder.
i) DISTRICT shall submit reports to CITY on the condition" of CITY
Property, equipments, and facilities used by District.
3. The term of this agreement shall commence the 6th day of September
1988, and end on the 30th day of June 1989. This
agreement may be extended on a year to year basis on both agencies
acceptance, however, this agreement may be terminated by either entity
giving no less than 30 days written notice to the other party.
IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and
the El Monte Union High School District, by order of its Board of Trustees,
have caused this agreement to be executed on each party's behalf by its duly
authorized officers, the day and year first above written.
ATTEST:
l.hereby• certify that the foregoing
agreement was duly and regularly
approved by the City Council of the
City of Rosemead at a regular
meeting thereof held on the 25th
day of April, 1989!, by the following
vote:
Yes: DeCocker, Taylor, McDonald,
Bruesch
No: None
Absent: Imperial
Abstain: None.
C CLERK.,: .
EL MON E UNION HIGH SCHOOL DISTRICT
r l
By
SUPERINTENDENT OF SCHOOLS 6
SECRETARY TO THE BOARD OF TRUSTEES
(Authorized Agent)
-3-
0 0
•Board Report 1178
October 6, 1987
(Action Routine)
RECREATION AGREEMENT
THIS AGREEMENT, made and entered into as of the ?n+i, day of
September 1987, by and between the CITY of Rosemead, hereinafter
called "CITY ", and the E1 Monte Union High School District, hereinafter called
"DISTRICT ":
WITNESSETH:
WHEREAS, CITY operates and maintains Rosemead Pool, hereinafter called
"City Property ", which is capable of being used by DISTRICT for educational
purposes and for DISTRICT - sponsored recreation activities, and DISTRICT
operates and maintains the Rosemead High School Gymnasium, hereinafter called
"School Property "; which is capable of being used for Community Recreation
activities sponsored and conducted by CITY; and
WHEREAS, CITY and DISTRICT desire to provide by contract for the use of
such School Property by CITY for Community Recreation activities and for the
use of CITY Property for educational purposes and recreational purposes
sponsored by DISTRICT in order to provide for a program of Community Recreation
activities pursuant to provisions of the Educational Code; and commenc:ng at
Section 16551.
. WHEREAS, the Education Code, and the Government Code authorize Cities and
School Districts to cooperate with each other in the development and execution
of adequate programs of Recreation.
NOW, THEREFORE, in consideration of the covenants and conditions
hereinafter set forth and pursuant to the provisions of law herelnabove
referred to, it is agreed as follows:
1. DISTRICT agrees to make available to CITY the Rosemead High School
Gymnasium for Community Recreation activities on the terms and
conditions hereinafter specified;
a) Gymnasium . use will be "traded" for pool use on a hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Director of. Recreation and
Parks of CITY and the Superintendent of District. CITY shall use
said area at such times and in such a manner -so as not to
interfere with normal school usage.
c) DISTRICT shall save and hold CITY harmless from any claims or
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective condition
of School Property, including permanently installed recreation
and play equipment situated on School Property.
d) DISTRICT shall provide all maintenance and custodial services on
DISTRICT properties used by City.
e) All permanent equipment owned by DISTRICT within the gymnasium,
such as bleacher, backboards, time clock, restrooms, may be used
for such Community Recreation activities and CITY shall provide
all other materials and equipment to be used in such Community
Recreation activities.
f) CITY shall provide all supervisory personnel for Community
Recreation activities conducted by CITY on School Property
hereinunder.
g) CITY shall save and hold DISTRICT harmless from any claims or
causes of action for injury to persons or damage to property
resulting from negligence or inadequate supervision of any
Community Recreation activities conducted by CITY on School
Property hereinunder.
h) CITY shall be responsible for any damage to School Property which
may result from any Community Recreation activities being
conducted by CITY on School Property hereunder.
1) CITY shall submit reports to DISTRICT on the condition of school
facilities used by CITY.
2) CITY agrees to make available to DISTRICT, Rosemead Pool for
educational purposes and recreational activities sponsored by
DISTRICT.
a) Pool use will be traded for Gymnasium use on an hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Superintendent of DISTRICT and
Director of Recreation and Parks of City.
c) CITY shall hold DISTRICT harmless from any and all claims and
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective
conditions of CITY Property, including permanently installed
recreation and play equipment situated on CITY Property,
d) CITY shall provide all maintenance and custodial services on CITY
properties used by DISTRICT.
e) All permanent equipment owned by CITY within the pool, such as
the Pool itself, shower facilities, restrooms, may be used for
such educational and recreational activities. DISTRICT shall
provide all other materials and equipment to be used in such
educational and recreational activities.
—2—
f) DISTRICT shall
recreational
hereunder.
provide all supervisory personnel for educational and
activities conducted by DISTRICT on CITY property
g) DISTRICT shall save and hold CITY harmless from all claims or causes'
of action for injury to persons or damage to property resulting from'
the negligence or inadequate supervision of any school - sponsored
activities conducted by DISTRICT on CITY Property hereunder.
i) DISTRICT shall submit reports to CITY on the condition of CITY
.Property, equipments, and facilities used by District.
3. The term of this agreement shall commence the i_t.day of - qpnPnber
1987, and end on the 30thday of Tun , 1988. . This
agreement may be extended on a year to year basis on both agencies
acceptance, however, this agreement may be terminated by either entity
giving no less than 30 days written notice to the other party.
IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and
the E1 Monte Union High School District, by order of its Board of Trustees,
have caused this agreement to be 'executed on each party's behalf by its duly
authorized officers, the day and year first above written.
ATTEST: //% , /
BY: (�t/G -t�'C�
EL
By
—3—
i
SCHOOL DISTRICT
y kV the Board of Trustees
0
December 23, 1987
® ci ead
8838 E. VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA 91770 (213) 288 -6671
Georgia Sutton
Business Department
E1 Monte Union High School District
3537 Johnson Avenue
E1 Monte, CA 91731
Dear Ms. Sutton:
Attached please find signed copy of the Recreation
Agreement. I apologize for its untimely arrival.
Best wishes for a happy holiday season.
Sincerely,
JJ NICE WARNER
City Clerk
City of Rosemead
Jw
Attachment
9
77-
0 0
• • Board Report 1178
October 6, 1987
j
(Action Routine)
4.4
RECREATION AGREEMENT
THIS AGREEMENT, made and entered into as of the 27th- day of
October 1987, by and between the CITY of Rosemead, hereinafter
called "CITY ", and the E1 Monte Union High School District, hereinafter called
"DISTRICT ":
WITNESSETH:
WHEREAS, CITY operates and maintains Rosemead Pool, hereinafter .called
"City Property ", which is capable of being used by DISTRICT for educational
purposes and for DISTRICT — sponsored recreation activities, and DISTRICT
operates and maintains the Rosemead High School Gymnasium, hereinafter called
"School Property ", which is capable of being used for Community Recreation
activities sponsored and conducted by CITY; and
WHEREAS, CITY and DISTRICT desire to provide by contract for the.use of
such School Property by CITY for Community Recreation activities and for the
use of CITY Property for educational purposes and recreational purposes
sponsored by DISTRICT in order to provide for a program of Community Recreation
activities pursuant to provisions of the Educational Code; and commenc-ng at
Section 16551.
WHEREAS, the Education Code, and the Government Code authorize ,Cities and
School Districts to cooperate with each other in the development and execution
of adequate programs of Recreation.
NON, THEREFORE, in consideration of the covenants and conditions
hereinafter set forth and pursuant to the provisions of law hereinabove
referred to, it is agreed as follows:
1. DISTRICT agrees to make available to CITY the Rosemead High School
Gymnasium for Community Recreation activities on the terms and
conditions hereinafter specified; !'
a) Gymnasium use will be "traded "Jfor pool use on a hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between ;the Director of. Recreation and
Parks of CITY and the Superintendent of District. CITY shall use
said area at such times and in such a manner so as not to
interfere with normal school usage.
c) DISTRICT shall save and hold CITY harmless from any claims or
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective condition
of School Property, including permanently installed recreation..
and play equipment situated on School Property.
I )
2)
d) DISTRICT shall provide all maintenance and custodial services on
DISTRICT properties used by City.
e) All permanent equipment owned by DISTRICT within the gymnasium,
such as bleacher, backboards, time clock, restrooms, may be used
for such Community Recreation activities and CITY shall provide
all other materials and equipment to be used in such Community
Recreation activities.
f) CITY shall provide all supervisory personnel for Community
Recreation activities conducted by CITY on School Property
hereinunder.
g) CITY shall save and hold DISTRICT harmless from any claims or
causes of action for injury to persons or damage to property
resulting from negligence or inadequate supervision of any
Community Recreation activities conducted by CITY on School
Property hereinunder.
h) CITY shall be responsible for any damage to School Property which
may result from any Community Recreation activities being
conducted by CITY on School Property hereunder.
CITY shall submit reports to DISTRICT on the condition of school
facilities used by CITY.
CITY agrees to make available to DISTRICT', Rosemead Pool for
educational purposes and recreational activities sponsored by
DISTRICT.
a) Pool use will be traded for Gymnasium use on an hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Superintendent of DISTRICT and
Director of Recreation and Parks of City.
c) CITY shall hold DISTRICT harmless from any and all claims and
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective
conditions of CITY Property, including permanently installed
recreation and play equipment situated on CITY Property,
d) CITY shall provide all maintenance and custodial services on CITY
properties used by DISTRICT.
e) All permanent equipment owned by CITY within the pool, such as
the Pool itself, shower facilities, restrooms, may be used for
such educational and recreational activities. DISTRICT shall
provide all other materials and equipment to be used in such
educational and recreational activities.
-2-
0
0
f) DISTRICT shall provide all supervisory personnel for educational and
recreational activities conducted by DISTRICT on CITY property
hereunder.
g) DISTRICT shall save and hold CITY harmless from all claims or causes
of action for injury to persons or damage to property resulting from
the negligence or inadequate supervision of any school - sponsored
activities conducted by DISTRICT on CITY Property hereunder.
i) DISTRICT shall submit reports to CITY on the condition of CITY
Property, equipments, and facilities used by District.
3. The term of this agreement shall commence the 27tbday of October
1987, and end on the �hday of TnnP , 1988. This
agreement may be extended on a year to year basis on both agencies
acceptance, however, this agreement may be terminated by either entity
giving no less than 30 days written notice to the other party.
IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and
the El Monte Union High School District, by order of its Board of Trustees,
have caused this agreement to be executed on each party's behalf by its duly
authorized officers, the day and year first above written.
�/�., /
ATTEST:
BY : Zt -cep (/vQit�yIJP/l�
EL
By
By I. SUP
(Au
-3-
DISTRICT
NTE'NDUM OF SCHOOLS 5
ARY rV THE BOARD OF TRUSTEES
rize (T Agent)
M
RECREATION AGREEMENT
THIS AGREEMENT, made and entered into as of the 3rd day of
December 1985, by and between the CITY of Rosemead, hereinafter
called "CITY ", and the E1 Monte Onion High School District, hereinafter called
"DISTRICT ":
1".1*1.L *1X'1:3 CF1
WHEREAS, CITY operates and maintains Rosemead Pool, hereinafter called
"City Property ", which is capable of being used by DISTRICT for educational
purposes and for DISTRICT - sponsored recreation activities, and DISTRICT
operates and maintains the Rosemead High School Gymnasium, hereinafter called
"School Property ", which is capable of being used for Community Recreation
activities sponsored and conducted by CITY; and
WHEREAS, CITY and DISTRICT desire to provide by contract for the use of
such School Property by CITY for Community Recreation activities and for the
use of CITY Property for educational purposes and recreational purposes
sponsored by DISTRICT in order to provide for a program of Community Recreation
activities pursuant to provisions of the Educational Code; and commenc.-ng at
Section 16551.
WHEREAS, the Education Code, and the Government Code authorize Cities and
School Districts to cooperate with each other in the development and execution
of adequate programs of Recreation.
NOW, THEREFORE, in consideration of the covenants and conditions
hereinafter set forth and pursuant to the provisions of law hereinabove
referred to, it is agreed as follows:
1. DISTRICT agrees to make available to CITY the Rosemead High School
Gymnasium for Community Recreation activities on the terms and
conditions hereinafter specified;
a) Gymnasium :.use will be "traded" for pool use on a hour for hour
basis with no exchange of monies.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Director of Recreation and
Parks of CITY and the Superintendent of District. CITY shall use
said area at such times and in such a manner so as not to
interfere with normal school usage.
c) DISTRICT shall save and hold CITY harmless from any claims or
causes of action for injury to persons or damage to property
which may arise by reason of any dangerous or defective condition
of School Property, including permanently installed recreation
and play equipment situated on School Property.
d) DISTRICT shall provide all maintenance and custodial services on
DISTRICT properties used by City.
e) All permanent equipment owned by DISTRICT within the gymnasium,
such as bleacher, backboards, time clock, restrooms, may be used
for such Community Recreation activities and CITY shall provide
all other materials and equipment to be used in such Community
Recreation activities.
f) CITY shall provide all supervisory personnel for Community
Recreation activities conducted by CITY on School Property
hereinunder.
g) CITY shall save and hold DISTRICT harmless from any claims or
causes of action for injury to persons or damage to property
resulting from negligence or inadequate supervision of any
Community Recreation activities conducted by CITY on School
Property hereinunder.
h) CITY shall be responsible for any damage to School Property which
may result from any Community Recreation activities being
conducted by CITY on School'Property hereunder.
1) CITY shall submit reports to 'DISTRICT on the condition of echool
facilities used by CITY.
2) CITY agrees to make available to DISTRICT, Rosemead Pool for
educational purposes and recreational activities sponsored by
DISTRICT.
a) Pool use will be traded for Gymnasium use on an hour for hour
basis with no exchange of monies.
b) The specific hours of use.for such purposes shall be those agreed
upon from time to time between the Superintendent of DISTRICT and
Director of Recreation and Parks of City.
c) CITY shall hold DISTRICT harmless from any and all claims and
causes of, action for injury to persons or damage to property
which may arise by reason of any dangerous or defective
conditions `bf 'CITY Property, including permanently installed
recreation and play equipment situated on CITY Property,
d) CITY shall provide all maintenance and custodial services on CITY
properties used by DISTRICT.
e) All permanent equipment owned by CITY within the pool, such as
the Pool itself, shower facilities, restrooms, may be used for
such educational and recreational activities. DISTRICT shall
provide all other materials and equipment to be used in such
educational and recreational activities.
—2—
f) DISTRICT shall provide all supervisory personnel for educational and
recreational activities conducted by DISTRICT on CITY property
hereunder.
g) DISTRICT shall save and hold CITY harmless from all claims or causes
of action for injury to persons or damage to property resulting from
the negligence or inadequate supervision of any school- sponsored
activities conducted by DISTRICT on CITY Property hereunder.
i) DISTRICT shall submit reports to CITY on the condition of CITY
Property, equipments, and facilities used by District.
3. The term of this agreement shall commence the 3rd day of December
1986, and end on the 30th day of June 1986. This
agreement may be extended on a year to year basis on both agencies
acceptance, however, this agreement may be terminated by either entity
giving no less than 30 days written notice to the other party.
IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and
the El Monte Union High School District, by order of its Board of Trustees,
have caused this agreement to be executed on each party's behalf by its duly
authorized officers, the day and year first above written.
ATTEST:
BY:
CITY OF ROS AD
DISTRICT
By / JAMS.'J. SHERIDAN
SUPERINTENDENT OF SCHOOLS S
SECRETARY TO THE BOARD OF TRUSTEES
(Authorized Agent)
-3-
El Monte Union H# School District
3537 JOHNSON AVENUE • EL MONTE, CALIFORNIA, 91731/3290
AREA CODE 818 575 -2100
February 12, 1986
Mr. Mike Burbank
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
Dear Mr. Burbank:
JAMES J. SHERIDAN
SUPERINTENDENT
EUGENE F. PLATZ
ASSISTANT SUPERINTENDENT
EDUCATIONAL SERVICES
FRANK D. CLAYTON
ASSISTANT SUPERINTENDENT
PERSONNEL - BUSINESS
The Board of Trustees at their regular meeting on February 4,
1986 approved the enclosed Recreation Agreement between the
City of Rosemead and the E1 Monte Union High School District.
Accordingly, we enclose the original signed by-the Superintendent,
and a copy for your files. Will you kindly return the original
after i.t.has-.been signed.
Thank you for your cooperation.
Sincerely,
GeorGeor 1
9
Business Department
GS
encls.2
MAYOR:
LOUIS TURY. JR
MAYOR PRO TEM:
JAY T. tMPERIAL
COUNCILMEN:
ROBERT W. BRUESCH
G.H. "PAT" CLEVELAND
GARY A. TAYLOR
0
February 19, 1986
0
osemC8d
8838 E. VALLEY BOULEVARD • P.O. BOX 399
ROSEMEAD, CALIFORNIA 91770
TEL. (818) 288 -6671
E1 Monte Union.High School District
3537 Johnson Avenue
E1 Monte, California 91731/3290
Attention: Georgia Sutton, Business Department
Dear Ms. Sutton:
Enclosed is a fully executed agreement between the City of Rose -
mead'and the E1 Monte Union High School District.
Sincerely,
Ellen Poochigivan
City Clerk
Encl.
0 0
9= -3
City Clerk of the City of Rosemead fi';, 4
8838 E. Valley Boulevard 7 ;'�'ti 5
Rosemead, California 91770
CITY OFgp
Dear Miss Poochigian:
J
7
Enclosed is an executed copy of the Recreation Agreement
between the City of Rosemead and the El Monte Union High School
District, which was approved by our Board of Trustees at their
regular meeting held July 12, 1977.
We have retained a copy for our file.
S'ncerely, I _
7/ %/-e�
JWW:fb ck W. Williams, Ed. D.
Assistant Superintendent
Encl. for Business
JAMES J: SHERIDAN
El Monte
Union
High
School Disiri�t
Superintendent
JACK W. WILLIAMS
A D M I N I
S T R A
T I O N
B U I L D I N G
Su
Assistant Business erintendent
3537 EASTMONT AVENUE
• EL MONTE, CALIFORNIA 91731
EUGENE F. PLATZ
44 3 - 2 2 4 1
AREA
CODE
2 1 3 2 8 3 - 3 13 9
Assistant Inss uctiontendeN
NATHAN S. McCRAY
Assistant Superintendent
Personnel
July 13,
1977
RECE VEb
JUL 3M1. 1977
9= -3
City Clerk of the City of Rosemead fi';, 4
8838 E. Valley Boulevard 7 ;'�'ti 5
Rosemead, California 91770
CITY OFgp
Dear Miss Poochigian:
J
7
Enclosed is an executed copy of the Recreation Agreement
between the City of Rosemead and the El Monte Union High School
District, which was approved by our Board of Trustees at their
regular meeting held July 12, 1977.
We have retained a copy for our file.
S'ncerely, I _
7/ %/-e�
JWW:fb ck W. Williams, Ed. D.
Assistant Superintendent
Encl. for Business
. J
RECREATION AGREEMENT
THIS AGREEMENT, made and entered into as of, by and between the City of
Rosemead, hereinafter called "City ", and the El Monte Union High School District,
hereinafter called "District ":
WITNESSETH:
WHEREAS, City operates and maintains Rosemead Pool, hereinafter called "City
Property ", which Is - capable of being used by District for educational purposes and
for District- sponsored recreation activities, and District operates and maintains the
Rosemead High School Gymnasium, hereinafter called "School Property " -, which is
capable of being used for Community Recreation activities sponsored and conducted by
City; and
WHEREAS, City and District desire to provide by contract for the use of
such School Property by City for Community Recreation activities and for the use of "
City Property for educational, purposes and recreational purposes sponsored by District
in order to provide for a program of Community Recreation activities pursuant to
Chapter 6, Division 12 of the Education Code, commencing at Section 16551, and
WHEREAS, Chapter.6 of Division 12 of the Education Code, and Article 1
of Chapter 5, Division 7 of Title 1 of the Government Code authorize Cities and
School Districts to cooperate with each other in the development and execution of
adequate programs of Recreation,
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter
set forth and pursuant to the provisions of law hereinabove referred to, it is agreed
as follows:
I. District agrees to make available to City the Rosemead High School
Gymnasium For Community Recreation activities.
a) Gymnasium use will be traded for pool use on a hour for hour basis
with no exchange of monies. Cost to District to make the gymnasium available
would be $8.00 per.hour which would cover the cost of maintenance at the
gymnasium and is all that would be charged: Cost to City to make the Pool
available would be $8.50 per hour, which would cover the cost of utilities,
one staff lifeguard, pool chemicals, and water.
b) The specific hours of use for such purposes shall, be those agreed upon
from time to time between the Director of Recreation and Parks of City and
the Superintendent of District.
of action for injury to persons or damage to property which may arise by
reason of any dangerous or defective condition of School Property, including
permanently installed recreation and play equipment situated on School
Property.
d) District shall provide all maintenance and custodial services on
District properties used by City.
e) All permanent equipment owned by District within the gymnasium, such
as bleachers, backboards, time clock, restrooms, may be used for such
Community Recreation activities and City shall provide all other materials
and equipment to be used in such Community Recreation activities.
f) City shall provide all supervisory personnel for Community Recreation
activities conducted by City on School Property hereinunder.
g) City shall save and hold District harmless from any claims or
causes of action for injury to persons or damage to property resulting
from negligence or inadequate suPervision of any Community Recreation
activities conducted by City on School Property hereinunder.
h) City shall be responsible for any damage to School Property which
may result from any Community Recreation activities being conducted by
City on School Property hereunder.
i) City shall submit reports to District on the condition of school
facilities used by City.
2. City agrees to make available to.District, Rosemead Pool for educational
purposes and recreational activities sponsored by District.
a) Pool use will be traded for Gymnasium use on an hour for hour
basis with no exchange of monies. Cost to both entities will be as discussed
in Section 1, Item A of this agreement.
b) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Superintendent of District and Director
of Recreation and Parks of City.
c) City shall hold district harmless from any and all claims and
causes of action for injury to persons or damage to property which may arise
by reason of any dangerous or defective condition of City Property,
including permanently installed recreation and play equipment situated on
City Property,
d) City shall provide all maintenance and custodial services on City ;
properties used by District.
x�
v g� 1
•, �4` F` i ` •..
e) All permanent equipment owned by City within the pool, such as 'the
Pool itself, shower facilities, restrooms, may be used for such educational
and recreational activities. District shall provide all other materials.
and equipment to be used in such educational and recreational, activities.
f) District shall provide all supervisory personnel for educational
and recreational activities conducted by District on City property hereunder.
g) District shall save and hold City harmless from all claims or causes
of action for injury to persons or damage to property resulting from the
negligence, or inadequate supervision of any school- sponsored activities
conducted by District on City Property hereunder.
h) District shall be responsible for any damage to City Property which
may result from any school - sponsored activities being conducted by District
on City Property hereunder.
i) District shall submit reports to City on the condition of City
Property, equipments, and facilities used by District.
3. The term of this agreement shall be for the school year, commencing on
September 12, 1977 and ending on June 16, 1978. This agreement may be extended on
a year to year basis on.both agencies acceptance, however,this agreement may be
terminated by either entity giving no less than 30 days written notice to the other
party
IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and
the El Monte Union High School District, by order of its Board of Trustees, have
caused this agreement to be executed on each party's behalf by its duly authorized
officers, the day and year first above written.
ATTEST:^ n
By
C D D
CITY CLERK
CITY OF ROSEMEAD A /J
By
EL MONTE UNION HIGH SCHOOL DISTRICT-
By
PERIN,YEPMENT OF SCHOOLS G SECRETA
0 THE B ARD OF TRUSTEES
V (Autho,i ed Agent)
"Mom
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_. _City Of
ose,ead
a,--
M MO
8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 (213) 288 -6671
December 2, 1976
MEMORANDUM OF TRANSMITTAL
TO: EL MONTE UNION HIGH SCHOOL DISTRICT
Attn: Clerk of the Board
3537 N. Eastmont
E1 Monte, Ca. 91732
FROM: CITY OF ROSEMEAD
DOCUMENT: Fully Signed Copy of: AGREEMENT BETWEEN CITY OF ROSEMEAD
AND THE EL MONTE UNION HIGH SCHOOL DISTRICT for:
EXCHANGE OF RECREATION FACILITIES...
Dated: November 23, 1976
MAYOR: MAYOR PRO TEM:
ROBERTA V. TRUJILLO GARY A. TAYLOR
COUNCIL M1 MBERS:
MARVIN J. CICHY
HERBFRT R. HUNTER
JAY T. IMPERIAL
(hereinafter.called "District).
WZTNESSETH:
WHEREAS, City operates and maintains Rosemead Pool, hereinafter called
"City Property ", which is capable of being used by District for educational purposes
and for District sponsored recreational activities, and
WHEREAS, District operates and maintains the Rosemead High School Gymnasium,:
hereinafter called "School Property ", which is capable of being used for Community
Recreational activities sponsored and conducted by City, and
WHEREAS, City and District desire to provide, by contract, for the use of
such School Property by the City for the operation of community recreation activities,
and
WHEREAS, City and District wish to provide, by contract, for the use of
City Property for educational purposes and recreational purposes sponsored by District
in order to provide for a program of community recreation activities pursuant to
Chap.ter 6,,Division 12, of the Education Code, commencing at Section 16551, and
WHEREAS, Chapter 6, Division 12, of the Education Code and Government Code
Section 37396 authorize cities and school districts to cooperate in the development
and execution of adequate programs of recreation,
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter
set forth and pursuant to the Provisions of law described hereinabove, it is agreed
as follows:
(1) City agrees to make the above described City Property available to
District for the conduct of District's recreational programs and District agrees to
make the above described School Property available to City for the conduct of City's
recreational programs
(2) Each party makes its property available to the other on a matching
basis, hour for hour. No rents or fees shall be charged to either party for the
exchange of use described herein, and the parties expressly agree that consideration
for this Agreement shall be the reciprocal rights of each party to an equal number
Of hnurs of use of the other party's property.
e. (3) A11'permanent equipment owned by District within the gymnasium, such
as, bleachers, backboards, time clock, restrooms, may be used for such community
recreation activities and City shall provide all other materials and equipment to,be
used in such community recreation activities. All permanent equipment owned by
City within the pool, such as the pool itself, shower facilities, restrooms, may be
used for such educational and recreational activities. District shall provide all._
other materials and equipment to be used in such educational and recreation activities.
(4) The specific hours of use for such purposes shall be those agreed
upon from time to time between the Director of Parks and Recreation of the City
Principal of Rosemead High School.
and the Super- inteadent.of the District.
(5) Each party shall save and hold the other party harmless from any
claims or causes of action for injury to persons or damage to property which may
arise by reason of any dangerous or defective condition of it's property, including
permanently installed recreation and play, equipment situated' on the Property'.
(6) Each party shall provide all maintenance and custodial services for
it's property when used by the other party..
(7) Each party shall provide all necessary personnel for administration
and supervision of it's community recreation activities conducted on the 'property
of the other party
(8) Each party shall save and hold the other harmless from any claims or
causes of action for injury to persons or damage to property resulting from negligence
or inadequate supervision of any community recreation activities conducted on the
property of the other.
(9) City shall be responsible for any damage to School Property which may
result from any community recreation activities being conducted by City on School
Property, hereunder, and District shall be responsible for any damage to City Property
which may result from any school— sponsored activities being conducted by District
on City Property. Prior to each use, the, party using the property of the other
party shall inspect the'property to be used and report any defective or dangerous
conditions which are apparent at the time of the inspection.
The term of this agreement shall be for this school year, commencing on
November 10, 1976, and ending on Jame 11, 1976. This Agreement may be extended on
a year to year basis on both agencies acceptance, however, this Agreement may be
terminated by either entity giving no less than thirty days written notice to the
other party.
IN WITNESS WHERE OF, the City of Rosemead, b• rder•of. its City Council.
;,:; ;•'::'. Union
and the E1 Monte Unified High School District, by order of its Board of Trustees,'
have caused this Agreement to be executed on each party's behalf by its duly authorized'
officers, the day and year first above written.
BY• -
CITY OF ROSEMEAD .
BY:
MAYOR —CITY OF RO EMEAD
EL MON Union
V J ' TE UNIRIED .HIGH. SCHOOL - DISTRICT
BY:
SOP NTENDENT OF SCHOOLS
BY
Y TU THE BOARD OF TRUSTEES
GJC (AUTHORIZED AGENT)
0
AGREEMENT
BY AND BETWEEN THE EL MONTE UNION HIGH SCHOOL DISTRICT
Contract No. L40—
THIS AGREEMENT ( "Agreement ") is made and entered into this day of�k 2009,
by and between the CITY OF ROSEMEAD, a municipal corporation, hereinafter referred to as
"CITY" and the EL MONTE UNION HIGH SCHOOL DISTRICT, hereinafter referred to as
"SCHOOL DISTRICT."
WITNESSETH:
For and in consideration of the mutual covenants and agreements herein contained, said parties
hereby agree as follows:
1. RECITALS. This Agreement is made and entered into with respect to the
following facts:
a. The governing bodies of the SCHOOL DISTRICT and CITY, mutually
interested in a quality program of education and community recreation for
all citizens of the community, desire to enter into an agreement for the use
of certain SCHOOL DISTRICT facilities for education and community
recreation purposes to assure maximum and coordinated public use of
these facilities;
The CITY wishes to fund improvements to the SCHOOL DISTRICT'S
facilities located at Rosemead High School, 9063 Mission Dr., Rosemead,
CA 91770, ( "Rosemead High School ") specifically the installation of a
synthetic running track at the Rosemead High School stadium, as outlined
in Exhibit A ( "Improvements "), attached hereto and hereby incorporated
by this reference; and
C. SCHOOL DISTRICT desires to allow CITY to use the SCHOOL
DISTRICT FACILITIES (as defined below) on a portion of the Rosemead
High School campus for operation of its Program (as defined below).
2. PROVISIONS FOR USE OF FACILITIES. The SCHOOL DISTRICT agrees
to allow the CITY to use the SCHOOL DISTRICT FACILITIES (as defined in section 3), for
CITY recreation programs and /or recreational use by the public ( "Program ") during the hours
that Rosemead Park, located at 4343 Encinita Ave, Rosemead, CA, is open, provided that said
SCHOOL DISTRICT FACILITIES are not being used for scheduled SCHOOL DISTRICT
activities.
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3. SCHOOL DISTRICT FACILITIES DEFINED. The SCHOOL DISTRICT
FACILITIES referred to herein are located at Rosemead High School and include:
Jogging/running track at Rosemead High School stadium
Rosemead High School athletic field, surrounded by the jogging/running
track
It is also understood and agreed that the auxiliary facilities and fixed equipment, such as
restrooms, parking lots, bleacher seats, and other non - expendable equipment designed for use in
connection with the SCHOOL DISTRICT FACILITIES, shall be included as part of this
Agreement.
4. IMPROVEMENT OF SCHOOL DISTRICT FACILITIES. CITY will
contribute SIXTY PERCENT (60 %) of the cost of the Improvements, in an amount not to exceed
� R n 0 non (S .00). The Improvements shall be constructed by the SCHOOL
DISTRICT ( "Project "), pursuant to all applicable laws and bidding procedures, including, but
not limited to, approval by the Division of the State Architect (if required), public works contract
bidding, and payment of prevailing wages. CITY shall contribute it's 60% incrementally upon
30 day written requests, as a pro rata share of all progress payments made on the Project. The
CITY shall be entitled to withhold, on a pro rata basis, a portion of its payment as part of any
retention contemplated by the contracts for the Project, payable only upon full completion of the
Project at the same time SCHOOL DISTRICT releases its share of the retention to the
contractor(s). CITY agrees that it will not have the right to direct or control the work on the
Project. Prior to any award of contract for the Improvements by the SCHOOL DISTRICT, the
CITY council shall be afforded an opportunity to approve the contract amount. The parties agree
that the terms of this Agreement will have to be renegotiated if the City Council does not
approve the contract amount.
5. MAINTENANCE OF FACILITIES. The SCHOOL DISTRICT shall at all
times be responsible for all routine maintenance and repair and costs for the SCHOOL
DISTRICT FACILITIES. Notwithstanding the foregoing, CITY shall be responsible for damage
caused by CITY's use of the SCHOOL DISTRICT FACILITIES and for splitting the cost for
non - routine maintenance with the SCHOOL DISTRICT.
6. UTILITIES. SCHOOL DISTRICT shall make all necessary payments for all
utilities for the SCHOOL DISTRICT FACILITIES. CITY shall pay a pro -rata share of all
utilities used for SCHOOL DISTRICT FACILITIES during CITY's scheduled use of the
SCHOOL DISTRICT FACILITIES.
7. FEES AND CHARGES. There shall be no fees or charges levied against the
CITY for use of the SCHOOL DISTRICT FACILITIES, unless the CITY charges a fee, the
event is conducted for the purpose of producing a profit or if the CITY's use of the SCHOOL
DISTRICT FACILITIES causes the SCHOOL DISTRICT to incur non - routine, direct costs for
staffing, operation and /or maintenance. Where the event is for profit- making purposes, then the
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organization using the facility shall pay the cost rate for such use as determined by the SCHOOL
DISTRICT's fee schedule.
8. PRIORITY OF USE. The priority for use of the SCHOOL DISTRICT
FACILITIES pursuant to the terms of this Agreement shall be:
a. SCHOOL DISTRICT programs, functions and extra - curricular activities
during school and non - school hours;
b. CITY recreational programs. It is anticipated that these would be single
event type programs such as a CITY track meet, rather than ongoing
activities such as sports leagues, etc.
C. Use by the public for recreational purposes during normal Rosemead Park
hours.
9. COORDINATION OF USE OF SCHOOL DISTRICT FACILITIES. At
least 90 (ninety) days prior to the anticipated completion of the Improvements, and thereafter, at
least 90 (ninety) days prior to the first day of each school year at Rosemead High School, the
SCHOOL DISTRICT's authorized representative shall meet with the CITY's Parks and
Recreation Director to identify hours of CITY and public access to the SCHOOL DISTRICT
FACILITIES for the 12 month period following such first day of school. The scheduled use
shall be consistent with the priorities of use identified in Section 7 herein, as well as the intended
hours of access by the CITY and public as described in that Section. SCHOOL DISTRICT and
CITY agree to cooperate in scheduling of events that arise subsequent to the annual scheduling
meeting described in this Section. SCHOOL DISTRICT shall provide the CITY with a
minimum of forty -eight (48) hours prior notice of required downtime, maintenance repairs, or
closure of SCHOOL DISTRICT FACILITIES, unless such cancellation or termination is
necessitated by an Act of God.
10. CIVIC CENTER ACT. SCHOOL DISTRICT may permit another person or
entity to use the SCHOOL DISTRICT FACILITIES during non - school hours pursuant to the
"Civic Center Act" (Education Code section 38130 et seq.) Use of the SCHOOL DISTRICT
FACILITIES, including, without limitation, access times, cost, maintenance and repair
responsibilities, and insurance coverage shall be in accordance with the Civic Center Act and
policies and procedures of the SCHOOL DISTRICT governing public use of SCHOOL
DISTRICT facilities. Access under the Civic Center Act will be coordinated with the CITY's
use of the SCHOOL DISTRICT FACILITIES.
11. PERSONNEL, EQUIPMENT AND SUPPLIES. The CITY shall be
responsible for providing such personnel, equipment and supplies as may be necessary for the
proper conduct of its Program and activities on the SCHOOL DISTRICT FACILITIES. CITY
shall be responsible for supervision and control at all times when the SCHOOL DISTRICT
FACILITIES are used by CITY. CITY shall not install equipment on the SCHOOL DISTRICT
FACILITIES without the prior written consent of SCHOOL DISTRICT.
12. RULES AND REGULATIONS. The CITY'S activities and access by the public
shall be conducted in accordance with the rules and regulations as specified by the SCHOOL
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DISTRICT. CITY shall not permit smoking or the consumption or possession of alcohol on the
Rosemead High School campus during its use of the SCHOOL DISTRICT FACILITIES.
13. DAMAGE TO FACILITIES. The CITY agrees to repair or reimburse the
SCHOOL DISTRICT for any extraordinary maintenance cost or damage to SCHOOL
DISTRICT property or the SCHOOL DISTRICT FACILITIES, which occur as a result of the
CITY'S Program or activities.
14. INDEMNIFICATION AND RISK OF LOSS.
A. The CITY shall indemnify, defend and hold the SCHOOL DISTRICT and
its elected and appointed officials, employees and agents free and harmless from any and all
actions, claims, liabilities or damages to persons or property that may be asserted or claimed by
any person, firm, entity, corporation, political subdivision or other organization arising out of or
in connection with the CITY's or its elected officials', officers', employees', or agents' use of
the SCHOOL DISTRICT FACILITIES covered under this Agreement as well as performance or
breach of this Agreement, excepting such actions, claims, damages to persons or property,
penalties, obligations or liabilities arising from the negligence or willful misconduct of the
SCHOOL DISTRICT or its elected or appointed officials, officers, employees or agents.
B. The SCHOOL DISTRICT shall indemnify, defend and hold the CITY and
its elected and appointed officials, officers, employees, and agents free and harmless from any
and all actions, claims, liabilities, or damages to persons or property that may be asserted or
claimed by any person, firm, entity, corporation, political subdivision or other organization
arising out of or in connection with the SCHOOL DISTRICT's or its elected or appointed
officials', officers', employees', or agents' use, of the SCHOOL DISTRICT FACILITIES
covered under this Agreement as well as performance or breach of this Agreement, excepting
such actions, claims, damages to persons or property, penalties, obligations or liabilities arising
from the negligence or willful misconduct of the CITY or its elected or appointed officials,
officers, employees or agents.
15. TERM. The initial term of this Agreement shall commence on the date of
execution by the SCHOOL DISTRICT, provided that the District's Board of Trustees has first
approved the Agreement, and the date of execution by the CITY and shall continue for a period
of fifteen (15) years after said date, unless sooner terminated. This Agreement shall extend
beyond the initial term in additional five (5) year increments upon mutual written agreement of
the parties after the expiration of the initial term and any subsequent renewal term(s).
16. TERMINATION.
a. Termination for Convenience: Either party to this Agreement may
terminate this Agreement upon giving a thirty (30) day written notice to
the other of its intention to terminate this Agreement. Notwithstanding the
foregoing, if CITY funds its share of the Improvements, then this
Agreement shall not be terminated for convenience by SCHOOL
DISTRICT prior to expiration of the initial term.
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Termination for Cause. Either party may terminate this Agreement
immediately for cause. Cause shall include, without limitation:
(1) .Material violation of this Agreement by either party; or
(2) Any act by CITY exposing the SCHOOL DISTRICT to
liability to others for personal injury or property damage; or
(3) CITY is adjudged bankrupt, CITY makes a general assignment
for the benefit of creditors or a receiver is appointed on account of
CITY'sinsolvency.
17. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret
the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an
award of reasonable attorney's fees, in addition to any other relief to which it may be entitled.
The term "prevailing party" shall mean the party who received substantially the relief requested,
whether by settlement, dismissal, summary judgment, judgment, or otherwise.
18. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree
that the terms and provisions of this Agreement have been negotiated and discussed between the
parties and their attorneys, and this Agreement reflects their mutual agreement regarding the
same. Because of the nature of such negotiations and discussions it would be inappropriate to
deem any party to be the drafter of this Agreement; and, therefore, no presumption for or against
validity or as to any interpretation hereof, based upon the identify of the drafter, shall be
applicable in interpreting or enforcing this Agreement.
19, GOVERNING LAW. This Agreement shall be interpreted and construed
according to the laws of the State of California.
20. NOTICE. Whenever it shall be necessary for either party to serve notice on the
other regarding this Agreement, such notice may be furnished in writing by either party to the
other and shall be served by personal service as required in judicial proceedings or by certified
mail, postage prepaid, return receipt requested, addressed to the parties as follows:
SCHOOL DISTRICT: El Monte Union High School District
CITY:
Attn: Tony Ortega, Assistant Supt.
3537 Johnson Ave.
El Monte, CA 91731
City of Rosemead
8838 East Valley Boulevard
Rosemead, California 91770
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21. FORCE MAJEURE. Neither party shall be responsible for delays or failures in
performance resulting from acts beyond the control of the offending party. Such acts shall
include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster,
nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or government
statutes or regulations superimposed after the fact.
22. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be
construed to confer any rights upon any party not signatory to this Agreement.
23. NO ASSIGNMENT OF RIGHTS. No rights which SCHOOL DISTRICT or
CITY has under this Agreement may be assigned to any other person, persons, corporation or
entity without prior written approval of the other party. Any such transfer or assignment made in
violation of this Section shall be void.
24. BINDING ON SUCCESSORS. The terms and conditions herein contained shall
apply to and bind the heirs, successors -in- interest, executors, administrators, representatives, and
assigns of all the parties hereto.
25. ENTIRE AGREEMENT. This Agreement is intended by the parties hereto as a
final expression of their understanding with respect to the subject matter hereof and as a
complete and exclusive statement of the terms and conditions hereof, and supersedes any and all
prior and contemporaneous agreements and understandings, oral or written, in connection
herewith. This Agreement may be changed or modified only upon written consent of the parties
hereto.
26. PRIVILEGES AND IMMUNITIES. Notwithstanding anything to the contrary
in the Agreement, neither party waives any of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, all pension, relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
either party.
27. NON - LIABILITY OF PARTIES AND PARTIES' EMPLOYEES. No
officer, official, employee, agent, representative, or volunteer of the SCHOOL DISTRICT shall
be personally liable to the CITY, or any successor -in- interest, in the event of any default or
breach by the SCHOOL DISTRICT, or for any amount which may become due to CITY or its
successor, or for breach of any obligation of the terms of this Agreement. No officer, official,
employee, agent, representative, or volunteer of the CITY shall be personally liable to the
SCHOOL DISTRICT, or any successor -in- interest, in the event of any default or breach by the
CITY, or for any amount which may become due to SCHOOL DISTRICT or its successor, or for
breach of any obligation of the terms of this Agreement.
28. COVENANT AGAINST DISCRIMINATION. CITY and SCHOOL
DISTRICT covenant for themselves, their heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against any person on account of
race, color, creed, religion, sex, marital status, national origin, or ancestry, in the performance of
this Agreement. To the extent required by law, CITY and SCHOOL DISTRICT each further
covenant and agree to comply with the terms of the Americans with Disabilities Act of 1990 (42
®.
E
U.S.C. Section 12101 et seq.), as the same may be amended from time to time, as such act
applies to the respective obligations of the parties hereto.
29. TITLE IX. SCHOOL DISTRICT is familiar with the provisions of Title IX of
the Education Amendments of 1972 to the United States Code (20 USC sections 1681 -1688) and
statutes and regulations related thereto as same apply to prohibitions against gender
discrimination. SCHOOL DISTRICT represents that it is not aware of any gender discrimination
issues presently existing that would impact or relate to this Agreement or the activities
contemplated herein. SCHOOL DISTRICT understands and agrees that the Improvements listed
in Exhibit A, funded partially by CITY funds, are to be used in strict compliance with the
requirements of TITLE IX. SCHOOL DISTRICT expressly agrees that the indemnifications set
forth in Section 14 herein include an obligation to defend and indemnify for claims, suits or
allegations arising under the terms of this Agreement or out of the SCHOOL DISTRICT'S use of
the SCHOOL FACILITIES related in any way to TITLE IX.
30. INTERPRETATION; SEVERABILITY. The terms of this Agreement shall be
construed in accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply. The section headings are for purposes of
convenience only and shall not be construed to limit or extend the meaning of this Agreement.
Each provision of this Agreement shall be severable from the whole. If any provisions of this
Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full
force and effect.
31. FINGERPRINTING AND CRIMINAL BACKGROUND VERIFICATION.
If CITY employees or contractors will have access to the SCHOOL DISTRICT FACILITIES
during school hours, CITY shall be responsible for ensuring compliance with all applicable
fingerprinting and criminal background investigation requirements for said parties as described
in Education Code section 45125. 1, which may be met under the fingerprinting provisions of
Title 22 6f the California Code of Regulations and applicable provisions of the California Health
and Safety Code relevant to community care facility licensing (Health & Safety Code, § 1500 et
seq.). CITY shall provide written verification of compliance with the aforementioned
fingerprinting and criminal background investigation requirements to SCHOOL DISTRICT prior
to each individual's commencement of participation in CITY's Program at the SCHOOL
DISTRICT FACILITIES and prior to permitting contact with any SCHOOL DISTRICT pupils.
32. LIABILITY INSURANCE. CITY shall, during the term of this Agreement,
maintain in force, a combined, single -limit liability insurance policy in the amount of not less
than five million dollars ($5,000,000) with SCHOOL DISTRICT, its employees and agents, at
CITY's expense, named as additional insureds under those policies. All policies shall provide
for a thirty (30) day written notice of any cancellation or reduction of that insurance to SCHOOL
DISTRICT. CITY agrees to provide SCHOOL DISTRICT a certificate of insurance and an
endorsement evidencing this coverage in a form satisfactory to SCHOOL DISTRICT upon
execution of this Agreement and upon request of SCHOOL DISTRICT during the term of this
Agreement.
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33. WORKERS' COMPENSATION INSURANCE. During the term of this
Agreement, CITY shall comply with all provisions of law applicable to CITY with respect to
obtaining and maintaining workers' compensation insurance. Prior to the commencement and
any renewal of this Agreement and CITY's use of the SCHOOL DISTRICT FACILITIES, CITY
shall provide SCHOOL DISTRICT, as evidence of this required coverage, a certificate of
insurance and an endorsement evidencing this coverage in a form satisfactory to SCHOOL
DISTRICT on or before the commencement or renewal date, providing that insurance coverage
shall not be canceled or reduced without thirty (30) days prior written notice to SCHOOL
DISTRICT.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the date first above written by their respective officers duly authorized in that behalf.
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Josep . Monte , City Attorney
CITY OF ROSEMEAD, a Municipal
Corporation
By 0 �lL�ricc�iz ��-
MAROARET CLARK, Mayor
CITY
Date 'l,"IUJeVI'1be✓ � 1 , %iu 1
EL MONTE UNION HIGH SCHOOL
DISTRICT
N
Board President, Theresa A. Velasco
Board Clerk, Tonson Man
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EXHIBIT A
Rosemead High School
Athletic Track Renovation Scope of Work
10-
Board Report #165
November 4, 2009
EL MONTE UNION HIGH SCHOOL DISTRICT
(Action - Discussion)
BOARD REPORT #165
TITLE: CONSIDER APPROVAL OF RESOLUTION REQUESTING
THE CITY COUNCIL OF THE CITY OF ROSEMEAD
AUTHORIZING THE ROSEMEAD COMMUNITY
REDEVELOPMENT AGENCY TO PROVIDE FUNDS TO THE
EMUHSD FOR THE CONSTRUCTION OF A SYTHETIC
TRACK AT ROSEMEAD HIGH SCHOOL
SUMMARY: The EMUSHD requests that the City of Rosemead authorize the
Community Redevelopment Agency (RDA) provide funds for the
construction of a synthetic track at Rosemead High School. The
District is requesting the City consent to the RDA to provide funds
in an amount not to exceed 60% of the total cost of the
construction of a synthetic track.
RECOMMENDATION: The district administrative staff recommends approval of the
Resolution with the City of Rosemead for the construction of a
new track at Rosemead High School.
CONTACT PERSONS: Anthony M. Ortega, Assistant Superintendent, Business
ErnanyMomijo, Director of Business Services
Board Report 9126
October 7, 2009
EL MONTE UNION HIGH SCHOOL DISTRICT
(Action- Discussion)
BOARD REPORT #126
TITLE: CONSIDER APPROVAL OF AGREEMENT BETWEEN
EMUHSD AND THE CITY OF ROSEMEAD FOR
INSTALLATION OF A SYNTHETIC RUNNING TRACK AT
THE ROSEMEAD HIGH SCHOOL STADIUM
SUMMARY: The agreement between the EMUHSD and the City of Rosemead
for the installation of a synthetic running track at Rosemead High
School outlines the shared usage, maintenance, and cost of the new
track. The City of Rosemead has agreed to contribute sixty percent
(60 %) of the cost of improvement to the track with the remaining
forty (40 %) to be charged to the EMUHSD GO Bond funds.
Final cost of the track will be determined upon completion of the
open bid process or may be included with the lease - leaseback
contractor as an addendum/change order. Once cost for the track is
finalized, a board report will be submitted to the Board of Trustees
for approval.
RECOMMENDATION: The district administrative staff recommends approval of the
contract with the City of Rosemead for the installation of a
synthetic running track at Rosemead High School.
CONTACT PERSONS: Anthony M. Ortega, Assistant Superintendent- Business
Larry Cecil, Principal, Rosemead High School
Ernany Montijo, Director of Business Services
El MONTE UNION HIGH SCHOOL DISTRICT
RESOLUTION OF THE BOARD OF TRUSTEES FOR THE EL
MONTE UNION HIGH SCHOOL DISTRICT REQUESTING THE
CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVE A
RESOLUTION AUTHORIZING THE ROSEMEAD COMMUNITY
REDEVELOPMENT AGENCY TO PROVIDE FUNDS TO THE EL
MONTE UNION HIGH SCHOOL DISTRICT IN AN AMOUNT NOT
TO EXCEED 60% OF THE TOTAL COST OF CONSTRUCTION
OF A NEW SYNTHETIC TRACK AT ROSEMEAD HIGH SCHOOL.
WHEREAS, the El Monte Union High School District ( "District') through its the
Governing Board ( "Board ") provides for the educational needs for 9 -12 students within
the City of Rosemead; and
WHEREAS, the Rosemead Redevelopment Agency (the "Agency') is a public
body, corporate and politic, duly established and authorized to transact business and
exercise powers under and pursuant to the provisions of the Community
Redevelopment Law of the State of California, including the power to expend funds for
the construction of a synthetic track in the Redevelopment Project Area; and
WHEREAS, the City of Rosemead, is authorized to consent to payment by its
Redevelopment Agency for the construction of a synthetic track provided that necessary
findings can be made; and
WHEREAS, the District, has requested that the Agency provide funds to assist in
construction of a synthetic track; and
WHEREAS, the Agency desires to provide funds to the District to assist in the
construction of a synthetic track; and
NOW, THEREFORE, THE EL MONTE UNION HIGH SCHOOL DISTRICT DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The El Monte Union High School District finds and
declares that the above recitals are true and correct and incorporates them herein.
SECTION 2. District Request. The District hereby requests the City of
Rosemead to consent to the Agency to provide funds to the District for the construction
of a synthetic track at Rosemead High School (the 'Project'). The District is requesting
that the City consent to the Agency to provide funds in an amount not to exceed 60% of
total cost of the construction of a synthetic track.
SECTION 3. Findings The District hereby determines that:
(i) The Project is of benefit to the Redevelopment Project Area, the
community and the students at Rosemead High School.
(ii) There are no other reasonable means of financing the Project. This
finding is based on the lack of sufficient funds that the District has
for the Project. Currently the District has committed funds to other
necessary projects and does not have enough funds for the track.
(iii) The Project will assist in the promotion of a healthy life style,
enhance the physical education program at Rosemead High School
and provide a safe and controlled walk/run surface for the
community.
SECTION 4. Effective Date. This Resolution shall take effect from and after its
date of passage, approval and adoption.
SECTION 5. Certification. The District Secretary shall certify the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this day of 200q.
ATTEST:
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Board President
Board Secretary
APPROVED AS TO FORM:
District Administrator