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.
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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
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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
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