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HomeMy WebLinkAbout1990-05-22 - AGENDA REPORTS - JPA WHUHSD CMTY RECREATION (2)• i. AGENDA REPORT City Manager Approval / Item to be presented b NEW BUSINESS Jeff Kolin DATE: May 22, 1990 SUBJECT: Joint Powers Agreement for Community Recreation Facilities with William S. Hart Union High School District DEPARTMENT: Parks and Recreation Department BACKGROUND The City of Santa .Clarita and the William S. Hart Union High School District have provided community recreation facilities to the citizens of Santa Clarita for a number of years. The District and the City have had a long-standing informal agreement to cooperate in the provision of community recreation facilities. The District and the City of Santa Clarita have recently drafted a written agreement, which calls for the provision of facilities for community recreation activities by each agency at no cost to the other. The agreement has been reviewed by the City Attorney and the School District's County Counsel for adequate liability and indemnification provisions. • The Joint Powers Agreement was approved by the William S. Hart Union High School District Board on May, 8, 1990. The Parks and Recreation Commission reviewed the Joint Powers Agreement at its May 21, 1990, meeting. A sub -committee of the Parks and Recreation Commission worked with staff to negotiate the terms of the agreement with representatives of the William S. Hart Union High . School District. The agreement will formalize many of the informal understandings that have led to a -very cooperative relationship between the district and the City. Under the terms of the agreement, the City will continue to provide two swimming pools for the use of the School District for instructional and competitive swimming programs from February through June of each school year. The School District will also have the right to use other community recreational facilities at no cost. The City.in return will have the right to use all School District facilities at no charge. Each agency will be responsible for the maintenance of its own facilities and the provision of staff for these duties. The District and the City have also proposed to expand the current open gym program offered at Hart High School to encompass the other two .high school gymnasiums. The open gym program would be offered on a space -available basis throughout the year at each of the three high schools. The District and the City would provide joint funding for this program. It is estimated that both the District and the City would contribute, $10,000 each to fund the open gymnasium program. FISCAL IMPACT • The Joint Powers Agreement provides for the equal exchange of facility use by the District and the City at no additional costs. The City will be required to Continued To:: � 4WL Agenda Item: 19 continue to provide maintenance and lifeguard services for pool use by school district programs. In addition, the City will be required to provide 50 percent of the funding necessary to operate three open gymnasium programs. Staff estimates that this will be an increase of approximately $10,000 per year in staff costs. These increased costs will be offset by the elimination of facility rental charges currently charged by the District for City uses of School District facilities for recreation programs. RECOMMENDATION It is recommended that the City Council approve the Joint Powers Agreement for Community Recreation Facilities with the William S. Hart Union High School District, and authorize the Mayor and City Clerk to execute the agreement. ATTACHMENT Joint Powers Agreement • s • THIS 19 _, by HART UNION facts: • • JOINT POWERS AGREEMENT FOR COMM UNI TY RECREATION FACILITIES AGREEMENT is entered into this day of _ and between the CITY OF SANTA CLARITA ("City") and HIGH SCHOOL DISTRICT ("District") with respect to the WILLIAM S. the following A. The State of California has enacted legislation designed to promote and preserve the health and general welfare of the people of the State and to cultivate the development of good citizenship by provision for adequate programs of community recreation; and, further, to authorize cities and public school districts having powers to provide recreation to organize, promote, and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and residents of the state, which legislation is Chapter 10 of the California Education Code, Section 10900. B. The City and District have common interests in providing school and community instructional/recreational facilities and programs for the students of the District and residents of the City. C. A joint agreement will benefit the students in the District and residents of the City, providing facilities of interest to both parties. D. The City and the District have found that it will be in the public interest, economically and practically, to cooperate with regard to the recreational use of the District and City -owned facilities, and therefore desire to enter into an agreement pursuant to the provisions of said Chapter 10 of the California Education Code, Section 10900. The parties therefore agree as follows: 1. The City agrees to grant to the District the right to use all City recreational facilities without charge for the District programs at all City sites. Said City facilities shall include, but not be limited to, swimming pools, meeting rooms, tennis courts, and athletic fields. The right granted to the District herein is subject to prior scheduling for City events and prior agreements between the City and third parties for the use of the facilities. 2. The District agrees to grant to the City the right to use all District recreational facilities without charge for City recreational programs at all District sites. Said District facilities shall include, but not be limited to, gymnasia, meeting rooms, and athletic fields. The right granted to the City herein is subject to prior scheduling for District events and prior agreements between the District and third parties for the use of the facilities. - 1 - 3. Building maintenance and custodial services shall be furnished by the City for City -owned facilities and by the District for District -owned facilities regardless of recreational programs and activities conducted by either party, except as otherwise provided herein. 4. The District shall assure that the District facilities are open and operable at the time the City may be using them for community recreational purposes and that such facilities are. then closed and secured at the conclusion of the City use. The District may, at District option, provide keys to City employees who will have the responsibility for opening, closing, and supervising the facility. The City shall assure that the City facilities are open and operable at the time the District may be using them for community recreational purposes and that such facilities are then closed and secured at the conclusion of the District use. The City may, at City option, provide keys to District employees who will have the responsibility for opening, closing, and supervising the facility. 5. The District shall have the right to use City facilities as described hereinabove when not otherwise in use by the City. The District's right to the use of City facilities as herein set out shall be subject to programs and scheduled obligations of the City. Said right shall extend to the use of the City facilities until 10:00 p.m. on any given day. City herein reserves the right to cancel or refuse to schedule any District program which would conflict with City activities or City commitments to third parties pre-existing this agreement. Two weeks notice will be given prior to any cancellation. The City may establish certain reservation deadline dates past which the District would forfeit its right to make priority reservations. 6. The City shall also have the right to use the District facilities as described hereinabove when not otherwise in use by the District. The City's right to the use of District facilities as herein set out shall be subject to programs and scheduled obligations of the district. Said right shall extend to the use of the District facilities until 10:00 p.m. on any given day. The District herein reserves the right to cancel or refuse to schedule any City program which may conflict with school activities or District commitments to third parties pre-existing this agreement. Two weeks' notice will be given prior to any cancellation. The District may establish certain reservation deadline dates past which the City would forfeit its right to make priority reservations. Nothing herein contained is intended to preclude the parties' future mutual agreement to intermingle programs and exchange activities. 7. Priority use of District facilities during summer months shall be provided for athletic programs conducted by the City at District request. Dates, times, and extent of programs will be mutually established by City and District. 8. The City agrees to grant the District the right to use North Oaks and Santa Clarita Park pools from approximately February 1st through June 15th for District swimming activities, when not otherwise in use by the - 2 - • • City. Should the District lose the availability of College of the Canyon's pool or open a new high school, the City agrees to make available additional pool(s) from approximately February lst through June 15th. The hours and days of operation for school programs shall be established annually by the District and City. 9. The District agrees to share the cost of supervision with the City on an equal basis for an open gym program at each District high school campus. The hours and days of operation for open gym programs shall be established by the District and the City annually. The City shall employ personnel for the immediate supervision of the open gym program. 10. Each party shall be responsible to repair any damage caused by it or any of its officers, agents, or participants in its programs during the time of use of the facilities or equipment by the City or the District and directly attributable to abuse by the City or the District. The responsible party shall replace or repair the damage done to any facility or equipment during its use. Each party shall inform the other of any potentially dangerous conditions of property, including equipment and facilities, used by each party. 11. Each party shall be solely responsible for the hiring, compensation, workers' compensation insurance, termination, etc., of all personnel necessary to the conduct of the programs each party institutes on the other's facilities as a result of this agreement and shall absorb all costs for such personnel. It is specifically agreed that personnel hired by each party shall be employees of that party and shall not be construed as employees of the other party for any purpose whatsoever. If the District or the City wishes to use the other party's employees in the conduct of programs, the use of said employees shall be subject to a separate agreement to be negotiated by the parties on terms to be mutually agreed upon. 12. The District, its officers, agents and employees, shall not be deemed to assume any liability for the negligence of the City or any of its officers or employees and the City shall indemnify, hold the District and its officers and employees harmless from and it shall defend the District and its officers and employees against any claim for damages resulting from a negligent act or omission of the City or any of its officers or employees while engaged in any activity pursuant to this agreement. The City, its officers and employees shall not be deemed to assume any liability for the negligence of the District or any of its officers or employees and the District shall indemnify, hold the City and its officers and employees harmless from and it shall defend the City and its officers and employees against any claim for damages resulting for a negligent act or omission of the District or any of its officers or employees while engaged in any activity pursuant to this agreement. Each party having maintenance responsibility herein shall indemnify, hold harmless and defend the other party from claims and actions arising because of any dangerous condition of the property required to be maintained. - 3 - s • 13. The District shall provide to the City, and the City to the District, certificates of liability insurance evidencing an amount of no less than one million dollars ($1,000,000) combined single limit per occurrence as a result of any accident due to negligence or omission resulting in bodily injury or property damage from the use of the property by the respective parties under the terms of this agreement, and such certificate shall name the other party as an additional covered party with respect to facility usage. 14. The term of this agreement shall commence on the effective date as specified above, and shall continue in force until cancelled or terminated by either party, but it is agreed that either party shall have the privilege, with or without cause, to cancel and annul this agreement upon sixty (60) days' written notice provided to the following persons and addresses: For the City: Jeff Kolin Director of Parks and Recreation City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 For the District: Daniel Hanigan Assistant Superintendent Wm. S. Hart Union High School District _. 24823 North Walnut Street Newhall, CA 91321 15. This agreement. may only be modified or changed by written amendment thereto executed by both parties. 16. It is further agreed that a. The City may, with the consent of the District, and upon approval by the District of such plans and specifications as may be necessary and appropriate, construct or install either temporary or permanent enhancements to District property for the purpose of community recreation. Such enhancements may be, but are not limited to, such things as turf, sprinklers or lighting. b. The District may, with the consent of the City, and upon approval by the City of such plans and specifications as may be necessary and appropriate, construct or install either temporary or permanent enhancements to City property for the purpose of school sponsored activities. Such enhancements may be, but are not limited to, such things as bulletin boards or fences. 17. This agreement shall be binding upon the City and the District and on their respective successors, executors, administrators, and assigns. Neither the City nor the District may assign or transfer their respective rights or interests under this agreement without the written consent of the other. - 4 - • • 0 The City has caused this agreement to be signed by its duly authorized agent and the District has signed this agreement by its duly authorized agent effective as of the day first hereinabove written. CITY OF SANTA CLARITA WM. S. HART UNION HIGH SCHOOL DISTRICT BY Jo Anne Darcy Mayor - Date Attest City Clerk APPROVED AS TO FORM: _ CITY OF SANTA CLARITA By, City Attorney BY Hamilton C. Smyth Superintendent Dat APPROVED AS TO FORM: By - 5 -