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HomeMy WebLinkAbout1998-02-24 - AGENDA REPORTS - MOU BTN SCV COC (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR DATE: February 24, 1998 City Manager Approval: Item to be presented by: V John Danielson SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CLARITA AND THE COLLEGE OF THE CANYONS DEPARTMENT: Parks, Recreation, and Community Services RECOMMENDED ACTION Adopt the Memorandum of Understanding between the City of Santa Clarita and the College of the Canyons. As a result of a joint meeting between the City of Santa Clarita and the College of the Canyons Board of Trustees on January 28,.1997, a priority list of action items was identified. Among those items was a desire to explore the creation of a Memorandum of Understanding (MOU) to address future joint use of facilities. Staff from both agencies met on numerous occasions to discuss facility usage, availability, programming, and future needs. From these discussions, an MOU was created. The language in the MOU provides guidelines for the usage, care, and cost of facilities owned by the City and the District. The City Attorney has reviewed and approved the MOU. The College of the Canyons Board of Trustees unanimously approved the MOU, and has forwarded it to the City Council for their consideration. ALTERNATIVE ACTIONS Other direction as determined by the City Council. FISCAL IMPACT None by this action. ATTACHMENTS Memorandum of Understanding JHD:cw council\cocmou.rpt PROVER, Agenda ltem:4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CLARITA WON SANTACLARITACOMMUNITY COLLEGE DISTRICT COLLEGE OF THE CANYONS THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into this day of , 19_ by and between the CITY OF SANTA CLARITA ("City") and the Santa Clarita Community College District ("District"). 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 education 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 educational use of City 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 at a fee equal to direct expenses only for the District programs at all City sites. Said City facilities shall include, but not be limited to, swimming pools, meeting roams, 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 District recreational facilities at a fee equal to direct expenses only for City recreational programs at all District sites. Said District facilities shall include, but not be limited to gymnasiums, 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. 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 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. 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. 8. 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 and 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. 9. 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 of 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 from 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. 10. 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. 11. The term of this agreement shall commence on the effective date as specified above, and shall continue in force until canceled 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 follow persons and addresses: For the City: Director of Parks, Recreation, and Community Services City of Santa Clarita 23920 Valencia Boulevard, Suite 120 Santa Clarita, CA 91355 For the District: Superintendent -President Santa Clarita Community College District 26455 North Rockwell Canyon Road Santa Clarita, CA 91355 12. This agreement mayonly be modified or changed by written amendment thereto executed by both parties. 13. 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, and become the sole property of the District. 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 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, and become the sole property of the City. 14. 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. 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 BY Janice H. Heidt Mayor Date CITY OF SANTA CLARITA i� George Caravalho City Manager Attest Sharon Dawson City Clerk APPROVED AS TO FORM: CITY OF SANTA CLARITA City Attorney JHD.Itk pkadmin\mcmoujhd SANTA CLARITA COMMUNITY COLLEGE DISTRICT COLLEGE OF THE CANYONS Date 10 Bruce Fortine Board President Dianne G. Van Hook Superintendent -President APPROVED AS TO FORM: College of the Canyons Counsel