HomeMy WebLinkAbout1992-01-14 - AGENDA REPORTS - TITLE 1 PART 7 CHAPTER 10 (2)AGENDA REPORT
City Manager Approve.
Item to be presented
CONSENT CALENDAR
DATE: JANUARY 14, 1992
SUBJECT: LIGHTING SIERRA VISTA JUNIOR HIGH IN ACCORDANCE TO PROVISIONS
OF TITLE 1, DIVISION 1, PART 7, CHAPTER 10, OF THE EDUCATION
CODE OF THE STATE OF CALIFORNIA
DEPARTMENT: PARKS AND RECREATION
BACKGROUND
The City in its continuing desire .to meet the recreation needs of the community
has negotiated with the William S. Hart School District so that the baseball
field at Sierra Vista Junior High (19425 Stillmore, Santa Clarita) can be
lighted for both City as well as School District use.
The lighting of the baseball field is in harmony with the Joint Powers Agreement
for Community Recreation Facilities entered into on June 11, 1990, by the City
of Santa Clarita and the William S. Hart School District.
The William S. Hart School Board is expected to ratify this contract at its
Board meeting on Tuesday, January 14, 1992.
RECOMMENDATION
It is recommended that the City Council approve the joint use of the athletic
field contract for the lighting of Sierra.Vista Junior High's baseball field.
JK/CD:mdh.PRCOUNC.74
Agenda Item:
12-13-91 11:49 .0 IMM V4 S, HAI7T SMOL DIS
AGREEMENT BETWEEN THE CITY OF"BANTA CLARITA AND
THE WILLIAM S. HART UNION HIGH SCHOOL DISTRICT
FOR THE JOINT USE OF THE ATHLETIC FIELD
AT SIERRA VTSTA JUNIOR HIGH SCHOOL
THIS AGREEMENT is entered into this day of ,
1992, by And between the CITY OF SANTA CLARITA, hereinafter
referred to as "City", and the WILLIAM S. HART UNION HIGH SCHOOL
DISTRICT, hereinafter rererred.to aR "Sehool.Diatrict."
$9,CIIALS
A. On June 11, 1990. City and School District entered into
a JOINT DOWERS AGREEMENT FOR COMMUNITY RECREATION FACILITIES,
herein referred to as "1990'Agreement".
B. The 1990 Agreement provides that the City and the
School District would cooperate with each other relative to the
development of school and park facilities so as to benefit
residents of the City and taxpayers of the School District.
C. The 1990 Agreement contemplates that from time t0 time,
written addenda would be eatered into relative to the 1990
Agreement.
D. The City and the District have determined that it will
be in the public interest, economically and practically, to
cooperate with regard to the recreational use of the Athletic
Field located at the District owned property known ac the Sierra
Vista Junior High School.
1
P02
12-13-91 11;49 .LM FROM IN. S. H. -.RT SCHOOLDIS
E. City proposes to design, purchase and instal an
athletic lighting system for the Athletic Field ("Lighting
system").
F. City has agreed to wholly fund the design, purchase and
installation of the Lighting System.
G. City has agrood to -gain the approval of the District
for the Lighting System prior to installation and purchase of
such Lighting system.
H. Both school District and City desire to enter into a
joint community recreation program, pursuant to the provisicno of
Title 1, Division 1, Part 7, Chapter 10 of the Education Code of
the State of California.
NOW, THEREt-ORE, in consideration of performance by the
Parties of the conditions heroin contained, the parties agree as
follows:
1. GeneraPurpose. The purpose and intent of this
agreement is to provide for the use and maintenance by residents
of the school Diotrict and City of the Sierra Vista Athletic
Field.
Z. Incorporation of Recitals. The Recitals are hereby
incorporated herein.
2
P03
12-13-91 11:49 AM FROM WR S.HART SCHOOL DIS
3. Term of Agreements. This Agreement ahall be in full
force and effect for a period of twenty-five (25) years from the
date of approval by the City Council of City and Hoard of
Trustees of School District or for as long as the Athletic rield
is operated by School District, whichever event shall first occur
("Initial Term"). During the initial Term, School District and
City shall.meet and review the Agreement every five (5) years and
shall make such ehangeo as are mutually agreed to in order to
carryout the intent of the Agreement. Upon expiration of the
Initial Agreement, the Agraament may be extended for another ten
(10) years, from the date of expiration upon approval by city and
School. District.. During the Initial Term, and in the event the
Agreement is extended, School District and City shall meet and
review the Agreement every five (5) years and shall make such
changes as arc mutually agreed to in order to carry out the
intent of the,Agreement. If this Agreement is not extended
beyond the initial Term, it shall continue in full force and
effect upon the same terms and conditions from year to year.until
terminated. The term of this Agreement shall not be affected by
the 1990 Agreement in the event that the 1990 Agreement
terminates or expires. During the Initial Term or an extension
there, either party shall have the privilege, with or without
cause, to cancel and annul this Agreement upon sixty (60) days
written notice pursuant to Paragraph 19 of this Agreement.
Cancellation of the Agreement by the School District shall
require repayment to the City of the original installation coal
of the Lighting System leas the straight line depreciation amount
calculated un a 25 year basis.
3
PO4
12-13-91 11:49 U FROM 'WM, S, H. -.RT SCHOOL DIS
4. Flans and Specification of Lichting,9_ysttem. Following
the approval of this Agreement by both the School District and
the City, the City shall employ qualified architects and
engineers who have been•approved by the School District to
prepare plans and epecificaLions ("Plans and Specifications") for
the Lighting System. Such plana and specifications shall include
a separate electrical service and motor for the Lighting System
which will onable the City to directly pay for the utility costs
associated with Lhe.operation of the Lighting System. Design and
installation shall be in accordance with the requirements of the
Office of State Architect.
5. ADnroval. Prior to purchase or installation of the
Lighting System, City agrees to gain the approval of the DieLrict
for the design of the Lighting system, and School District agreea
that such approval shall not be unreasonably withheld.
6. Installation. Following the approval of the Plans and
Opecifications as set forth In Paragraph 5 herein, city shall, in
the manner prescribed by law, call for bids and lot contracte for
installation of the Lighting System. Supervision of construction
and all dealings with the contractor$ construcLing the
improvements shall be the responsibility of the City.
7. Restrooms. City shall provido portable restrooms for
the Athletic Field ("Restrooms").
4
P05
A
12-13-91 I N9 ?.M FROM A S. HART SCHOOL DIS
S. le. Title to all structures and personal property
Placed or installed on the Athletic Field by either the City or
the School District, shall vast in the School District.
9. Scheduling of Use. Scheduling of the use of the
Athletic Field agreed to on an annual basis shall be in
accordance with the Scheduling Policy, attached hereto and
incorporated herein as Exhibit "A". During the term of this
Agreement; modifications may he made to the Scheduling Policy as
agreed to by School District and City. it is the intent of the
parties to secure echadules for such use which x111 permit both
the School District and the City to use the Athletic Field and to
develop long-range plans which do not interfere with the
education activities of the School District.
10. Ooergtion and Maintenance. The School District shall
operate and conduct routinemaintenance for the Athletic Field,
including but not limited to the turf, irrigaLion.and bacK stop;
however, such operation and maintenance shall exclude the
Restroome and Lighting System. The City shall operate and
maintain the Rsatrooms and the Lighting System. The City shall
also be responsible for the maintenance and preparation of the
infield area of the Athletic Field prior to City activities. The
School District shall be responsible for all costs associated
with the operation and maintenance for which the School District
is obligated.to perform. The City shall be responsible for all
costs associated WlLh the operation and maintenance for which the
City is obligated to perform. For the purposes of this paragraph
6
P06
12-13-91 11:49 AM FROM WNA HART SCHOOL DIS P07
and the Agreement, expenses of "operation" and expenses of
"mainLeadnae" shall be defined to include the following:
Operations Expenses of operation are defined as all
expenses incurred in operating the Athletic Field, including, but
not limited to items such as cleaning, disinfecting, lighting
(inclusive of utility coats), watering, fertilizing, weeding,
gardening and similar items which are regularly incurred either
daily; weekly, or monthly, and the salaries for necessary
gardeners', custodians' and service workers' time, as well as any
necessary eupplieo uoed in connection with operating the Athletic
Field, including, but uoL limited to brooms, MODS, lubricating
oil, lights, gardening/landscaping equipment, fertiliser, toilot
supplies, soap and similar gardenero', custodians' or service
workers' supplies or, items.
Maintenance: Expenses of maintenance are defined to include
expenditures for repairs to maintenance equipment and
recreational equipment used in connection with the Athletic
Field. Examples of routine expenditures include, but are not
limited to, resodding or reseeding of the graop, replacement of
back stops, replacement of broken or lost items or equipment, the
repair and/or replacement of the bleachers, fences, scoreboards,
benches, and the Lighting System. Routine maintenance shall also
include any repair and/or replacement due to vandalism.
Ocher Repairs: Notwithstanding any other Provision
contained within this Agreement,the City shall repair, cause to
6
12-13-91 11'49 AM FROM WX S. HART SCHOOL DIS
be repaired, or reimburoo the School District for the cost of
repairing damage to the Athletic Field which occurs during
periods of use by the City as a result of either negligent or
intentional acts of the City or any individual(s) or entity which
City has a duty to supervise. NotwiLhatanding any other
provision.coutained within this Agreement, the School District
shall repair or cause to be 'repaired any damage to the Athletic
Field which occurs during periods of use by the School District
as a result of either negligent or intentional acts of. the School
District or any individual(s) or entity which school_ District has
a duty to supervise.
Labor: Each Darty shall be solely responsible for the
hiring, compensation, workers' compensation insurance (where
applicable), termination, etc., of all personnel, including
independent contractors, necessary to conduct the programs each
Darty institutes on the other'n facilities.ae 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 or independent contractors of that party and shall not
be construed as agents or employees of the other party for any
purpose whatsoever. If tho District or the City wiehen Lo 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.
7
P08
12-13-91 11:49 AM FROM WMAHART SCHOOL DIS
11. Fees for Use. Neither.city nor School District shall
be required to pay any fees or other charges for its use of the
Athletic Field except as provided for herein.
12. Control Of Athletig Field. During such times as the
Athletic Field is scheduled for use by the School District, the
School District shall have control over and the beneficial use of
the Athletic Field and the School District may charge reasonable
admissions and fees for entrance and/or use of the Athletic Field
pursuant to Education Code Section 10902, or as may be provided
by law. During ouch time as the Athletic Field is scheduled for
use by the City, the City shall have control over and the
beneficial use or the Athletic Field and the City, as may be
provided by law, may charge foes for entrance to and/or use of
the Athletic Field. school District shall have therightto
prohibit Lige use of the Athletic Field by any group or
organization pursuant to Education Code sections 40044 and 40045.
Funds collected by either City or school District shall be and
remain under the control of the entity collecting such money and
auuh entity shall be entitled to disburse such funds in any
manner authorized. During times when the. Athletic Field is not
scheduled for use by either the school District or the City, the
School District shall be responsible for the control and
supervision of the.Athletic Field.
13. Amendment of Agreement. It is recognized that the
passage of time may neceasiLale periodic amendment of the
Agreement in order to provide for the most effective use of the
8
P09
12-13-91 11:49 AM FROM 1N. S. HAP,T SCHOOL DIS
Athletic Field, to provide effective management and control of
the Athletic Field, and to provide for the equitable sharing of
responsibility for the operation and maintenance of the Athletic
Field. Accordingly, the Board of Trusteed of the School District
and the City Council of City may, by Written mutual agreement,
amend the covenants, conditions, and provisions set forth herein.
14. Safety and Dangerous Conclitio_Us. The Athletic Field
shall at all times be operatpd in accordance with established
safety standards, and it shall be the rosponsibility of each
party, while using the Athletic Field under this Agreement, to
provide.and Day for all necessary supervisorial personnel. Each
party shall inform the other of any potentially dangerous
conditions of property, including equipment and facilities, used
by each party.
15 Emergency/Disaptor. In the event of an emergency or a
disaster, the Athletic Field shall be under the control and
supervision of school District or its designee.
16. Indemnification.. The school District shall hold the
CiLy, itu Council, officers, agunLs and employees, free and
harmless from any or all claims, causes of action or liability
for loss, damage or injury to persons including death or injury
to property, including City property, arising out of the use of
the Athletic Field by School District and occurring during the
period of time that the school District is using the Athletic
Field. The City shall hold the School District, its Board.of
P]
NO
12-13-91 11:49 .kM FROM W9. S, H.! RT SCHOOL DIS
Trustees, officers, agents and employees, free and harmless from
any and all claims, causes of action or liability for loss,
damage, or injury to persons including death or injury to
property,. including school District property, arising out of the
use of the Athletic Field by City and occurring during the period
of time that the City is using the Athletic Field.
17. Insurance. School District and City shall at al.l times
during the term of this Agreement, procure and maintain
respective public liability and property damage insurance with an
insurance company licensed to do business in California, which
company must have an."A" rating in the current issue of Beat
Insurance Guide, or the City/School District must show evidence
of membership in a joint powero authority which has been formed
pursuant to Title 1, Division 7, Chapter 5, Article 1 (Section
650o gt $pa.) of the California Government Code. The insurance
or joint powers agreement insurance coverage shall protect
against loco from liability imposed by law for damages on account
of bodily injury, including death therefrom suffered or alleged
to be suffered by any person or persons whomsoever, resulting
directly or indirectly from the respective act or activities of
School District and City with regard to the ALhlstic Field or any
person acLing for school District or City or under School
District's or City's control or direction with regard to the
Athletic Field. Such public liability and property damage
insurance shall be maintained in full force and effect during the
entire Lerm of this Agreement, in the amount of not leas than one
Million Dollars (51,000,900), comblttpd single limit liability.
10
P11
12-13-91 11'49 ?.M FROM WX S.HART SCHOOL DIS
Each of the parties shall submit evidence of insurance coverage
to the other party on or before the commencement of this
Agreement indicating full coverage of the contractual liability
imposed by this Agreement and stipulating that the insurance
selected by each party shall not be subject to cancellation, any
change in coverage, reduction in limits or non-renowal, except
after written notice to each party by certified mail, return
receipt requested, not less than thirty (30) days prior to the
effective date thereof. Each party shall name each other as
additional insured's on all insurance policies procured pursuant
to this Agrooment. The adequacy of the amount of insurance shall
be reviewed by the.parties every year and shall be increased or
decreased by mutual agreement of the parties.
18. Joint Review. CiLy Manager and School District
Superintendent, or their designees, shall most annually prior to
February 1 of each year to review the joint use of the Athletic
Field, insurance limits, annual maintenance responsibility,
annual maintenance cost or proportionate.shares of maintenance
cost ("Joint Review"). As a result of this Joint Review, the
Scheduling Policy, insurance limits, operation and maintenance
responsibility and proportionate shares of operation and
maintenance cost as identified in this Agreement may be revised
for ,the subsequent school year upon the mutual consent of both
City and School District. The Agreement will be amended to
include said changes upon approval by the City Council or City
and the Board of Trustees of School District. If an issue cannot
be resolved in this Joint Keview, either party can request either
11
6
P12
12-13-91 11:49 .°.M FROM WMAHART H. -.RT SCHOOL ➢IS
binding mediation and/or binding arbitration with the costa for
such dispute resolution to be split equally between City and
School District.
19. Notices. Demands and Communication.. Formal notices,
demand and communication between School District and City
hereunder shall be sufficiently given if mailed by registered or
certified mail;'postage prepaid, return receipt requested, to the
principal offices of School District or City, an set°forth below.
Such written notices, demands and communications may be sent in
the.same manner to ouch other addresses as either party may from
time designated by mail as provided in.this paragraph. Such
notices, etc., shall be deemed received upon delivery if
Personally served, or upon the expiration of three (3) business
days if given by registered or certified mail,.return receipt
requested.
If to School District: William 0. Hart Union High School
District'
21515 Kedview Drive
Santa Clarita, CA 91350
Attention: Dani.el Hanigan
If to City: City of Santa Clarita
23920 Valencia Blvd., Suite 300
Santa Clarita, CA 91355
Attention: Jeff Kclin
20. t+ttorneva' Fees. In any litigation arising out of the
breach of this Agreement by any party, the prevailing party in
such litigation, in addition to any other relief which may be
12
P13
12-13-91 11:49 =M FROM IN, S, H..•.RT SCHOOL DIS
granted whether legal or equitable, shall be entitled to recover
reasonable attorneys' fees and all.other reasonable costs
incurred in such litigation and allowed by the court.
21. The terms of this Agreement, including
all Exhibits hereto, shall not be construed for or against any
party by reason of the authorship of this Agreement, but shall be
construed in accordance with the meaniny of the language used.
The Paragraph headings are for purposes of convenience only, and
shall nest be construed to limit or extend the meaning of this
Agreement.
22. 'rhe following Exhibit attached to this Agreement is
incorporated herein,as though fully set forth:
"A" Outline of Scheduling Consideration
23. Successors in Interest. This Agreement shall be
P14
binding,upon the assigns, transferees, and successors in interest `
of the school District and the city.
24. Nondiscrimination. School District and City, and all
others who from time to time may use the property and Athletic
Field described herein with the permission and on the terms and
conditions specified by other parties hereto, shall not
discriminate in any -manner against any person or persons on
account of race, color, sex, creed, national origin, age, or
mental or physical disability, including, but not limited to, the
13
12-13-91 11:49 AM FROM A S. H..".RT SCHOOL DIS .
providing of goods,services
facilities, privileges, advantages,
and the holding and obtaining of employment.
25. Severance. It,. any part of the Agreement contained
herein is found by a court of competent jurisdiution to be void
or voidable, that portion which is so held t0 be defective shall
be covered from the remainder bereor and the remainder of the
Agreement shall remain in full force and effect.
26, prior Anreement. To Lhe extent that any
inconsistencies or ambiguities exi,et between 1990 Agreement and
this Agreement, the terms within this Agreement shall supersede
any and all inconsistent or ambiguous terms within the 1990
Agreement.
IN WITNESS WHEREOF, the partied hereto have caused this
Agreement to be executed this
CITY OF SANTA CLARITA
By
Jill Klajic
Mayor
Date
APPROVED AS TO FORM;
CITY OF SANTA CLARITA
By
City ?.ttornay --'
day of 1992.
WILLIAM S. HART UNION HIGH
SCHOOL DISTRICT
By
Daniel M. Hanigan
Assistant superintendent
Date
APPROVED AS TO FORM:
WILLIAM 8. HART UNION HIGH
SCHOOL DISTRICT
By
Bowie, Arneson, Kadf, Wiles
& Giannone, Legal Counsel
14
P15
1
12-13-91 11:49 AM FROM WM.S.HART SCHOOL DIS P16
EXHIRTT "A"
ATHLETIC FIELD AT SIERRA VISTA JUNIOR HIGH
OUTLINE OF SCHEDULING CONSIDERATION
1. General Scheduling Considerations
A. Both parties agree to cooperate with each other 1n the
scheduling of the Athletic Field.
B. Both Parties agree to hold quarterly scheduling
meetings in order to plan future schedules and
communicate regarding -any scheduling difficulties.
C. Both parties agree that the City has the right to
schedule any City sponsored activity during City's
assigned time periods. The assigned time periods will
include all use of the lighted baseball field.
D. The City agrees that lighted field usage shall be
terminated at 10:00 p.m.
E. The existing users of the baseball field which have
been permitted by the William s: Hart Union High School
District Will not be displaced by City lighted field
users. The existing users permitted by the District
shall have continued access to the baseball field
during daylight hours.
F. The District shall retain the right to _schedule all
school hour facility uses. Use of the field for
community recreation purposes under this Agreement will
not interfere with use of -the field for any purposes of
district schools including Canyon High School baseball
practice and games.
G. Under no circumstances, including when School
District's use requires the light system, shall School
District.be charged any costs or fees for use of the
Light System.
II. Notwithstanding the City's above -stated privileges,
upon written verification and twenty-four (24) hours
notice by`league/School District officials that the
Athletic Field is necessary for league/School Diotrict
playoffs or finale, School District shall have priority
at any time, to the Athletic Field for such event.
15