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HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2014-10-30 � , COU No. 1415-142 AGREEMENT FOR JOINT USE OF FACILITIES This Agreement is made and entered on the `� day of ��-�'2�ti��� , 2014, in Ukiah, Califarnia, by and between the City of Ukiah ("City"), and Ukiah Unified School District ("District"). District and Ciry may each be referred to individually as "Party" or jointly as "Parties." RECITALS A. City operates a year round community recreation program that includes a variety of classes and sports programs. These programs include youth basketball, girls' softball, adult co-ed volleyball and softball, men's and women's softball, sport and specialty camps/leagues/clubs, and a variety of special interest classes for adults and children such as dance, fitness, arts and crafts, music, language, and cooking classes ("City recreation programs"). B. District organizes golf, swimming, and baseball classes and teams and has occasional use for public meeting spaces in addition to those available on its campuses ("District recreation programs"). C. Sections 10900 et. seg. of the Education Code ("Community Recreation Act") authorize cities and school districts to maintain and operate joint use playgrounds and outdoor playing fields in order to reduce capital and operational costs to both governmental jurisdictions and provide recreational areas for the community as a whole. D. Section 10910 of the Education Code provides that the governing body of any school district may use or grant the use of grounds of the school district to any other public authority for the purposes of joint use, whenever such use does not interfere with school uses. E. The Parties have determined that it is in their mutual interest, subject to the terms and conditions as further stated herein, to exchange the use of certain facilities owned and maintained by them to support the recreation programs they each organize and conduct. AGREEMENT In consideration of the above-recited facts and the terms and conditions as further stated herein the Parties hereby agree as follows: � 1. The initial term of this Agreement shall be ten (10) years, beginning on jL'�7�����.�' �l" Z��/'� ("Commencement Date") and expiring on December 31, _�� ("Expiration D e"), unless extended or earlier terminated as provided in this Agreement. a. This Agreement may be terminated at any time by either Party,upon written notice to the other Party thirty (30) days prior to termination. Upon receipt of notice, the Parties agree to use their reasonable efforts to allow a transition from the shared use of facilities that allows their respective programs to continue without undue disruption. Page 1 of 4 . , COU No. 1415-142 b. This Agreement may be extended by mutual agreement for two (2) ten (10)-year extension terms, which, including the initial term, comprises a total of thirty (30) years or longer, under the same terms and conditions of this Agreement. The Parties shall meet no later than ninety (90) days prior to the expiration of the initial term or any eXtension to determine whether to extend or terminate the Agreement. 2 Subject to the terms and conditions set forth in paragraph 4, the District shall make available to City for its use in conducting City recreation programs its gymnasiums, multipurpose rooms, class rooms, tennis courts, swimming pool facilities, and football, softball, soccer and baseball fields. 3. Subject to the terms and conditions set forth in paragraph 4, the City shall make available to District for classes, sports teams and public meeting spaces, its Conference Center, golf course, swimming pool facilities, Anton Stadium, park facilities, Todd Grove Clubhouse, Grace Hudson Museum meeting room, and Civic Center Council Chamber. 4. Except where special conditions are otherwise stated, the Parties shall make their facilities available to each other in accordance with the following terms and conditions: a. Each Party shall have the use of the facilities without charge, except that each Party may charge the other a facilities maintenance fee, if the time and expense to clean and prepare the facility for reuse exceeds a reasonable amount normally expected from routine use of the facility. As to each facility the Parties shall agree to leave the facility clean and each Party is to have performed general maintenance reasonably expected of the Party using the facility pursuant to this agreement and the amount reasonably expected of the owner of the facility. Any bill under this subparagraph for a facilities maintenance fee shall itemize the time, hourly rates and expenses included in the bill. Each Party using the facility of the other shall pay all costs associated with repairing any damage to the facility caused by that use, normal wear and tear excepted. If either Party discovers such damage, it shall immediately notify the other and arrange a joint inspection of the damage. Each Party shall provide written notice to the other party of the name and contact information for the staff inember who will participate in the joint inspection. b. Any Party's use of the other Party's facilities under this Agreement shall not interfere with the normal use of the facility by the owner. Each Party shall have first priority for the use of the other Party's facility, after the facility owner, barring any third party user who has been previously scheduled. The Parties shall work cooperatively to schedule the use of such facilities under this Agreement to avoid unnecessary inconvenience to each other and third party facility users (i.e. community groups, private rentals, club/team activities, and sport groups). In scheduling the use of facilities by third party facility users, the District and the City shall take into consideration their past use of District and City facilities and use reasonable efforts to continue that past use. The District and City shall provide reasonable notice of their intended use of the facilities to each other. c. Each Party shall exercise due care in providing adequate and legally required supervision of its use of facilities under this Agreement. With respect to all facilities the Page 2 of 4 � + COU No. 1415-142 use and supervision of the activity shall comply with any requirements imposed by state law or local regulation or policy. The facility owner shall complete a use of facility document and provide the Party using the facility with a contact person and phone number who can be reached at any time while the facility is being used. All use of facility documents must be signed by an authorized representative. When either Party uses the swimming pool facilities of the other Party, the Party using the swimming pool facility shall provide not less than two lifeguards who must be on duty throughout the entire time that the pool is used by that Party, with the exception of the Ukiah Municipal Pools where City of Ukiah lifeguards must be on duty. The cost of these lifeguards will be absorbed by the City of Ukiah. The lifeguards must have current certifications required by state law and any locally adopted regulation or policy. The number of lifeguards required shall be dictated by the American Red Cross Guidelines and is currently at a ratio of one guard per twenty-five swimmers. If the lifeguards are not supplied by the facility owner, the Party using the facility must file current lifeguard certifications with the owner before using the facility. d. No Party or any of its officers, agents, volunteers, contractors, or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of the other Party under or in connection with any obligation delegated to the Parties under this Agreement. Each Party shall indemnify, defend and hold harmless the other Party,its officers, agents, volunteers, contractors, and employees from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage occurring by reason of any acts or omissions on the part of the Party's own officers, agents, volunteers, contractors, invitees, and employees under or in connection with any obligation delegated to such Party under this Agreement. This indemnity shall survive termination of this Agreement. e. Prior to using any facility under this Agreement and as a condition precedent to its right to use such facilities, each Party shall provide the other Party with proof of general comprehensive or commercial liability insurance satisfactory to the other Party with policy limits of not less than $5,000,000 per occurrence and a general aggregate of limit of not less than $5,000,000. Each policy shall name the other Party as an additional insured as to any use of facilities under this Agreement Coverage under a memorandum of coverage issued by a joint powers agency to which the Party belongs may be used to comply with the insurance requirements in this subparagraph e. Each Party shall provide Workers' Compensation and Employers' Liability insurance, as required by the State of California. The insurance coverage requirements in this Section 4.e. shall be subject to review and adjustment to reflect coverages recommended by the Parties' insurance advisors over the term of this Agreement. Any such adjustments shall be set forth in a written amendment to the Agreement, agreed to by both Parties. £ Each Party shall pay the utility costs for its own site. g. Each Party shall be responsible for its separate trash collection provided to Page 3 of 4 ^ " COU No. 1415-142 the site when the use generates an amount of trash in excess of that normally expected from routine use of the facility. 5. Whenever notice is permitted or required under this Agreement, it shall be deemed given when personally served by personal delivery or overnight courier or when delivered by fax or email, but only if receipt of the fax or email is acknowledged, or 48 hours after deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: UKIAH UNIFIED SCHOOL DISTRICT CITY OF UKIAH Attention: Superintendent Ukiah Civic Center 511 S. Orchard Ave. Attention: City Manager Ukiah, CA 95482 300 Seminary Avenue FAX: Ukiah, CA 95482 Email: FAX: Email: or at such other address as such party may previously have advised the other party by notice similarly given. 6. This constitutes the whole agreement between the Parties concerning its subject matter and supersedes and replaces any prior agreements, statements or understandings that may have existed between the Parties. 7. This Agreement may be executed in one or more duplicate originals and when so executed each such duplicate original, bearing the original signatures of the Parties, shall be admissible in any administrative or judicial proceeding as proof of its terms. 8. In the event of a dispute under this Agreement, each Party shall bear its own attorneys' fees and costs. 9. The persons executing this Agreement on behalf of the Parties warrant that(i) such person is duly authorized to execute and deliver this Agreement on behalf of said Party, (ii)by so executing this Agreement, Party is formally bound to the provisions of this Agreement, and (iii) entering into this Agreement does not violate any provision of any other agreement to which either Party is bound. 10. There shall be no discrimination against any person on account of race, color, religion, sex, marital status, national arigin, or ancestry in performance of the obli�ations under this Agreement. WHEREFORE, this Agreement is made and entered on the date first written above. DIST ICT UKI�H � ��--�-C�w.-�'�-. By : By: -� ;�,� c r►-�,v����;s ItS: ��L���f7 � /" � ��� ItS: �, � �T�f ��f�lV�%�L��� �.i�'�-/'��;��T Page 4 of 4