1977-0701_ORANGE COUNTY HARBORS, BEACHS & PARKS_AgreementAGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO
012ANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT
This agreement, entered into on this 1st day of July
by and between the City of Sin Juan Capiatranp hereinafter referred to as "CITY,"
and the Orange County Harbors, Beaches and Parks District, hereinafter referred
to as "DISTRICT," for the mutual benefits and promises as contained herein.
RECITALS
J
1977,
WHEREAS, DISTRICT provides a system of county harbor, beach and park
regional recreational facilities for the benefit and enjoyment of the residents
of DISTRICT, which include residents of CITY, and
WHEREAS, CITY provides organized recreation programs for the benefit and
enjoyment of CITY'S residents, and
WHE'.2EAS, DISTRICT'S Ranger Interpretive and facility operations staff
can be utilized effectively to enhance CITY'S summer day camp recreational program,
and
WEEREAS, CITY and DISTRICT are desirous of maximizing the recreational
and interpretive opportunities within CITY'S summer day camp program through
utilization of DISTRICT'S regional recreational facilities.
follows:
NOW, THEREFORE, be it resolved that the parties hereto do agree as
I.
CITY shall conduct a summer day camp program, including excursion trips
and outings to DISTRICT'S recreation facilities, in 1977 for the benefit of residents
of CITY and DISTRICT at large.
II.
DISTRICT will provide bus transportation for said excursions and outings
to DISTUCT'S regional recreational facilities on a schedule agreed upon by CITY'S
Director, Park and Recreation (or appropriate title) and DISTRICT'S Director,
1.
Environmental Management Agency, or their designees.
CITY shall provide adequate recreational supervision during all activities
of CITY'S summer day camp program, maintaining at all times supervision and control
and direction of all participants in the day camp program. CITY shall specifically
provide this supervision during those activities at CITY facilities, while the
participants are being transported by district provided busses, and during all times
that participants are at district facilities.
IV.
DISTRICT shall provide, as mutually agreed upon by DISTRICT'S Director,
Environmental Management Agency and CITY'S Director, Park and Recreation, or their
designees, employees to provide natural history and historic interpretive programs
to participants in CITY'S summer day camp program at such time as said participants
visit DISTRICT recreation facilities during day camp activities.
V.
CITY'S summer day camp program shall be made available on an equal basis
to all residents of Orange County and CITY shall not discriminate in its charges or
in any other manner, between CITY residents and other residents of DISTRICT. CITY
may charge participants for enrolling and participating in CITY'S summer day camp
program and there shall be one uniform fee schedule applicable to all residents of
DISTRICT, regardless of residence.
VI.
CITY will, no later than October 1, 1977, and by October 1 of each year
thereafter as this agreement may be extended, submit to DISTRICT'S Director,
Environmental Management Agency, or designee thereof, an accounting, of CITY'S
summer day camp program including number of participants, CITY expense of the
program, and revenue received by CITY from said program.
2.
1 Vii.
2 Ip, as described in Clause V herein, CITY'S revenues from conducting
3 said summer day camp program exceeds CITY'S expenses therefore, DISTRICT'S
4 Director, Environmental Management Agency, shall bill CITY for DISTRICT's expense
5 of providing bus service for CITY'S day camp program, including substantiating
6 documentation therefor, and CITY will remit to DISTRICT said expense as billed
7 by DISTRICT except in no event shall CITY be obligated to remit any billing which
8 exceeds CITY'S excess of revenue over expenses as described in Clause V herein.
9 Vill.
10 CITY shall name the County of Orange, Orange County Harbors, Beaches
11 and Parks District and United States Government as additional insureds under CITY'S
12 public liability and property damage insurance coverage, and provide certificates
13 of insurance so indicating, as well as evidence of Workmen's Compensation Insurance
14 coverage.
15 CITY shall indemnify and save harmless the County of Orange, Orange County
16 Harbors, Beaches and Parks District and United States Government from all claims for
17 damages arising from conducting said recreational programs.
18 Ix.
19 This agreement is for use of existing facilities only. CITY shall not
20 construct improvements or alter existing facilities without prior written approval
21 by the Director, Environmental Management Agency. DISTRICT will not provide or
22 construct any presently non -existing facilities as a result of this agreement.
23 Nothing herein shall be constructed as authority for CITY to conduct,
24 or grant licenses for the conduct, solicitation or sales of any merchandise and
25 none shall be permitted unless previously approved by the Director of the Environmental
26 Management Agency.
27 DISTRICT reserves the right to enter into similar agreements with other
28 agencies and groups for the recreational use of said regional park facilities.
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The term of this agreement is from date of execution through December 31,
1977, except that this agreement may be extended or modified as mutually agreed by
the parties hereto.
For the express purposes and mutual benefits stated herein the parties
hereto have caused the respective governing bodies to execute this agreement.
ATTEST: CITY OF SAN JUAN CAPISTRANO
-W---
MARY AN ANOVE , CITY CLERK OVON
APPROV AS TO FORM: O. HE KSCHER, MAYOR
• Vl\AUHl�l ,
.LUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
5atea:_ 7 / /7-7
RECOMMENDED VUlf APPRO
H. G. Osborne, Director
Environmental Management Agency
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
Y;)4
'Deputy
4.
HARBORS,BEACHES AND
Chairman, Board of Supervise