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1978-136-Authorizing The Execution Of An Agreement Between The town And Los Gatos-Saratoga District Recreation DepartmentRESOLUTION NO. 1978 -136 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN AND THE LOS GATOS- SARATOGA DISTRICT RECREATION DEPARTMENT RESOLVED by the Town Council of the Town of Los Gatos that the Mayor is authorized and directed to execute the attached Agreement for Recreation Services between the Town of Los Gatos and the Los Gatos - Saratoga District Recreation Department. PASSED AND ADOPTED by the Town Council of the Toxe,n of Los Gatos at a. reaular meeting held this 21st day of August , 1978, by the following vote: AYES: COUNCIL MEMBERS: Ruth Cannon. Thomas John B. Lochner, Peter W. Siemens, and Mardi tier! NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None SIGNED: 4d1 MAY OF THE TOWN OF LOS GATOS C41IW0R&V1F __ "THE,.�%`)'18(V�LOS CLERK OF GATOS rite, AGREEMENT FOR RECREATION SERVICES This agreement is made between the TOWN OF LOS GATOS (TOWN) and the LOS GATOS - SARATOGA DISTRICT RECREATION DEPARTMENT (RECREATION DEPARTMENT). The TOWN is a general law city. The RECREATION DEPARTMENT is an association of Los Gatos Joint Union High School District, Los Gatos Union Elementary School District and Saratoga Union Elementary School District, similar to a joint venture, authorized by Education Code sections 10900 - 109151 /and Government Code sections 6500 - 65131/ The RECREATION DEPARTMENT was formed by an agreement dated November 18, 1955, with various amend- ments, the most recent of which become effective July 1, 1976. Parts of the TOWN lie outside the areas of the three school districts which compose the RECREATION DEPARTMENT. The TOWN wants the RECREATION DEPARTMENT to provide recreation services at a uniform level throughout the TOWN. The TOWN and the RECREATION DEPARTMENT agree: 1. The term of this agreement is three years, beginning on the date when this agreement has been signed by both. the TOWN and the RECREATION DEPARTMENT, and ending June 30, 1981. 2. Throughout the term of this agreement the RECREATION DEPARTMENT will conduct recreation programs at Alta Vista, 1/ Education Code, operative April 30, 1977 (formerly re- organized Education Code sections 16651 - 16665, Stats. 1959, c. 1548, as amended) 2/ A portion of Stats. 1949, c. 84, as amended. -1- Ruby Howes and Mirassou elementary schools. The programs will be open to all residents of the TOWN and will have substantially the same content and will provide the same level of service as is then provided by the RECREATION DEPARTMENT within the areas of the districts which compose the RECREATION DEPARTMENT. 3. The RECREATION DEPARTMENT will make whatever arrangements are necessary to use the school buildings and grounds. 4. The TOWN will pay the RECREATION DEPARTMENT in three installments of $7,000.00, payable on or before September 10, 1978, July 10, 1979 and July 10, 1980. 5. Throughout the term of this agreement, the TOWN will not terminate the January 13, 1966, lease to the RECREATION DEPARTMENT building described as 123 East Main Street, and if the Los Gatos Community Center building is constructed will then also let the RECREATION DEPARTMENT use the new building for recreational purposes. The parties agree that the use of the existing buildings and the right to use the additional building if it is constructed have an annual value of $10,000.00. 6. The RECREATION DEPARTMENT will at all times carry a policy or policies of public liability insurance coverinc7 its activities and liability for injuries on the premises where its activities are conducted, in amounts of at least: $200,000 /person $500,000/accident $ 25,000 /property damage -2- with a deductible of no more than $5,000.00, naming the TOWN and its officers and employees as additional insureds, providing that the insurance is primary as to the additional insureds, that any insurance carried by the additional insureds is excess, and waiving subrogation rights against the additional insureds. The RECREATION DEPARTMENT will give the TOWN proof of the required coverage by means of a certificate of insurance with a 30 -day notice of any form of termination (including expiration) clause, and con - tai.ning a precis of the provisions required by this part 6. 7. This agreement constitutes the entire agreement between the parties. The provisions of this agreement may not be waived, changed or modified except by an agreement in writing signed by the party against whom the determination of the occurrence of the waiver, change or modification iS sought. Dated AUG '< TOWN OF LOS GATOS (TOWN) b?' .Lt1L1 L✓z L s MAYO LOS GATOS- SARATOGA DISTRICT RECREATION DEPARTMENT (RECREATION DEPARTMENT) CHAIRMAN by SECRETARY -3-