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HomeMy WebLinkAboutWestminster School District - 2014-06-02 Dept.ID CS 14-006 Page 1 of 2 Meeting Date:6/2/2014 _ - CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/2/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A.Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve a Recreation Facility Joint Use Agreement between the City of Huntington Beach and the Westminster School District for Joint Use of School Recreation Facilities. Statement of Issue: In order to facilitate the joint use of school recreation facilities, a joint use agreement between the City of Huntington Beach (City) and Westminster School District (WSD) is required to be approved. Financial Impact: Not applicable Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Joint Use Agreement between the City of Huntington Beach and Westminster School District"for Joint Use of School Recreation Facilities. Alternative Action(s)- Do not approve agreement between City and WSD and direct staff accordingly. Analysis: Since 1985, the City has utilized a single, joint use agreement (Agreement) between the City and various elementary school districts, including the Westminster School District (WSD), the Fountain Valley School District, the Huntington Beach City School District, and the Ocean View School District. In addition to various conditions associated with the joint use of recreational facilities, the Agreement included language pertaining to the composition of the Community Services Commission (CSC). In 2013, the City Council changed the composition of the Community Services Commission (CSC) to include seven at-large members. Because the original Agreement did not reflect this membership composition, the Agreement needed to be amended or cancelled to reflect the City Council action. It was determined that the most efficient way to make the necessary changes to the Agreement was to terminate it and develop individual agreements with each of the affected school districts. As a part of this determination, City Staff met with the Superintendent of the WSD to discuss the need to terminate the Agreement. At this meeting, Staff discussed the City's intention to develop a new agreement that would more accurately reflect the current protocol for interaction.between the two entities. Item 1. - 1 xB -t 0- Dept.ID CS 14-006 Page 2 of 2 Meeting Date:6/2/2014 Both parties concurred that this plan was acceptable. At the September 16, 2013, City Council meeting, the City Council agreed to terminate the 1985 agreement and the agreement was terminated effective February 16, 2014. The revised agreement is nearly identical to the previous 1985 agreement, however, it eliminates all language related to the composition of the Community Services Commission. Both parties believe that this memorializes our intention to work together, and provides the necessary parameters to move forward collaboratively into the future. The attached updated agreement reflects the necessary changes to the joint use of facilities and memorializes the desire for the City of Huntington Beach and the WSD to work together collaboratively. Environmental Status: Not applicable Strategic Plan Goal: Enhance quality of life Attachment(s): 1. "Joint Use Agreement Between the City of Huntington Beach and Westminster School District" for joint use of school recreation facilities. HB -11- Item 1. - 2 A MENEM -TACHMENT # 1 ll PPNGE CoVyT o .All s �FNT OF E AL MIJARES Ph.D. SCHOOLS LEGAL SERVICE County Su pet'intendent of Schools "�niP"i`f F�.j'" �t;_%iS t"" =il RONALD D.wENKART 200 Kalmus Drivc • P.O:13ox 9050 General Counsel Costa Mesa,CA 92628-9050 CLAIRE Y.MOREY (714)966-4220 LYSA M.SALTZMAN (714)434-4945 FAX Confidential KELLY R.BARNES Attorney-Client Privilege Counsel NORMA GARCIA March 24, 2014 Paralegal 14-75 Tina Douglas Assistant Superintendent, Business Services Westminster School District 14121 Cedarwood Avenue Westminster, CA 92683 Re: Joint e Agreement with the City of Huntington Beach Dear T[�e This office is in receipt of your request for our review of an agreement between the District and the City of Huntington Beach for the joint use of District's facilities. It is our understanding that this agreement is to continue a relationship that the District has had with the City of Huntington Beach since 1985. We have reviewed the 1985 agreement and the proposed new agreement drafted by the City of Huntington Beach. We have redrafted the agreement to update the terms and conditions that are mutually beneficial for both the City and the District. If you have any questions, please do not hesitate to contact this office. Sinc Claire Y. Morey Counsel CYM:Ias Attachment JOINT USE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE WESTMINSTER SCHOOL DISTRICT THIS AGREEMENT is made and entered into this O�No day of 2014, by and among the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "City", and the WESTMINSTER SCHOOL DISTRICT, a public school district duly organized and operated under the laws of the State of California, hereinafter referred to as "District," both of whom shall be collectively referred to as the "Parties." RECITALS WHEREAS, Chapter 10, Part 7 of Division I of Title I of the Education Code of the State of California, commencing with Section 10900 et seq. authorizes the City and the District to contract with one another to establish, construct, improve, operate, and maintain community recreational facilities and programs; WHEREAS, the City and the District desire to promote and preserve the health and general welfare of the people of the City, and to cultivate the development of good citizenship by providing for an adequate program of community recreation and to conduct such a program of community recreation as will contribute to the attainment of general education and recreational objectives for the children and adults of said City; WHEREAS, since 1985, the City and the District have provided such a program of community recreation by District making available to the City certain of its school facilities; WHEREAS, the City and the District entered into an agreement dated November 7, 1985 to set forth the terms and conditions of their understanding for the community recreation program which was terminated by the City on August 26, 2013; and WHEREAS, the City and the District wish to enter into a new agreement to continue the community recreation program in order to continue to promote and preserve the health and general welfare of the people of the City as authorized by Education Code section 10900 et seq. NOW, THEREFORE, for and in consideration of the mutual covenants and promises of the Parties hereto, the Parties hereby covenant and agree as follows: 1. JOINT USE OF FACILITIES a. District shall make available to City certain of their school facilities (hereinafter referred to as "Facilities") for community recreational activities. The Facilities available for use by City are identified in Exhibit A attached hereto and incorporated herein by reference. The Facilities available for use by the City shall be selected by District and may be changed by the District depending on the educational programs of the District. 1 Joint Use Agreement WSD/City of HB March 24, 2014 b. City's use of District's Facilities shall be in accordance with District policies and procedures. C. District shall have the right to the exclusive use of the Facilities during normal school hours. For the purposes of this Agreement, the term "normal school hours" shall be from 8:00 a.m. to 3:15 p.m., Monday through Friday, for each day that school is in session, including lunch hour. It is understood and agreed that the starting and ending times for school hours may change from school year to school year, and that for each school year, the actual starting and ending times will be those hours that school classes start and end as determined for each school year by the District. d. City shall have the right to the exclusive use of the Facilities and the nonexclusive use of any existing parking spaces located at the school site at all times other than normal school hours. e. City and District agree that within thirty (30) days from the date of execution of this Agreement, City and District shall establish a system to provide for the coordination and scheduling of the use of the Facilities. Such system shall include a procedure for reserving the use of the Facilities and priorities for use of the Facilities. The District will be given first priority in the use of the Facilities. Schedules for use of the Facilities for community recreational activities shall be established by mutual written agreement of the City's Director of Community Services and the District superintendent or designated representative. f. District shall be consulted and advised regarding all community recreational activities conducted by the City at the Facilities. g. All fees and charges assessed for community recreational activities under this Agreement shall be used for furthering the recreational activities of the students and in performance of this Agreement. 2. TERM OF AGREEMENT/RENEWAL OPTION/OPTION TO TERMINATE The term of this Agreement shall be for five (5) years and shall commence on OA , 2014 and shall continue in effect until Oa. 2019 unless terminated by City or District, upon sixty (60) days prior written notice to the other party specifying the desired date of termination. The Parties may agree to extend this Agreement subject to terms and conditions agreeable to the Parties and set forth in a written amendment to this Agreement. 3. PERSONNEL All City personnel employed to conduct community recreational activities shall be under the supervision of City and shall be employed and paid by City. City shall select and provide only qualified personnel to conduct community recreational activities and events which take place at the Facilities after school hours, on weekends, and during holiday and vacation periods. 2 Joint Use Agreement WSD/City of HB March 24, 2014 4. MAINTENANCE OF FACILITIES a. Custodial and maintenance services for the Facilities utilized for community recreational activities shall be provided by City and paid for by the City. However, City may submit a written request for the District to provide such services for a particular activity or event. District and City shall mutually agree in writing to the costs of providing custodial and maintenance service requested by City for the activity or event. b. City shall provide and pay for all expendable materials and supplies necessary for conducting community recreational activities for all ages. Equipment may be provided by District for community recreational use, and Equipment provided by City for community recreational use and suitable for school use may be provided by City for school use. C. City shall not be responsible to repair or replace any of the Facilities if they are partially or totally damaged or destroyed by an act of God, including, but not limited to, occurrences such as earthquake, flood, fire or storm. In the event of such occurrence, the Parties will consider what action, if any, shall be taken to restore the affected Facilities. d. The Parties shall be responsible to take appropriate action to abate any dangerous conditions during its usage of any of the Facilities. e. Any maintenance procedure by District which shall require the temporary closure of any Facility for more than twenty-four (24) hours shall occur at times mutually agreed upon in writing between the Parties. f. District shall provide for and install all utilities necessary for the proper functioning of the Facilities. City shall pay all costs for the operation, repair and maintenance of the utilities in proportion to its usage of the Facilities during the term of this Agreement and any extensions thereof. 5. CONTRACT ADMINISTRATOR The City Contract Administrator for this Agreement shall be the City's Director of Community Services. . 6. INDEMNIFICATION/INSURANCE a. Indemnification by City. Neither District nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any activities described in this Agreement. Pursuant to Government Code Section 895.4, City shall fully defend, indemnify and hold District harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by City under or in connection with any activities described in this Agreement. Neither District nor any officer or employee of District shall be responsible for any personal injury or property damage or liability occurring by reason of any negligent acts or negligent omissions on the part of the City, its officers, employees or agents in connection with this Agreement. City shall fully indemnify, 3 Joint Use Agreement WSD/City of HB March 24, 2014 defend and hold District harmless from and against any liability imposed as a result of any injury whatsoever occurring by reason of any negligent acts or negligent omission on the part of the City, its officers, employees or agents in connection with this Agreement. b. Indemnification by District. Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by District under or in connection with any activities described in this Agreement. Pursuant to Government Code Section 895.4 District shall fully defend, indemnify and hold City harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by District under or in connection with any activities described in this Agreement. Neither City nor any officer or employee of City shall be responsible for any personal injury or property damage or liability occurring by reason of any negligent acts or negligent omissions on the part of District, its officers, employees or agents in connection with this Agreement. District shall fully indemnify, defend and hold the City harmless from and against any liability imposed as a result of any injury whatsoever occurring by reason of any negligent acts or negligent omissions on the part of the District, its officers, employees or agents in connection with this Agreement. C. District's Insurance Obligations. District shall furnish properly executed certificates of insurance to City within thirty (30) days of City's written request for such certificates, which certificates shall clearly evidence all coverages required by City and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City. Such insurance shall name City, its officers, and employees as additional insured. d. City's Insurance Obligations. City shall furnish properly executed certificates of insurance to District within thirty (30) days of District's written request for such certificates, which certificates shall clearly evidence all coverages required by District and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to District. Such insurance shall name District, its officers, and employees as additional insured. 7. GENERAL PROVISIONS a. Notice. Every notice, demand, request, designation, consent, approval or other document or instrument delivered pursuant to this Agreement shall be in writing and shall be either personally delivered, sent by Federal Express or other reputable overnight courier, sent by facsimile transmission with the original subsequently delivered by other means within three (3) working days of the facsimile transmission, or sent by registered or certified United States Mail (postage prepaid, return receipt requested), to the addresses set forth below or to such other addresses as the Parties may designate from time to time: If to District: Westminster School District 14121 Cedarwood Avenue Westminster, California 92683 Attn: Assistant Superintendent, Business Services 4 Joint Use Agreement WSD/City of HB March 24, 2014 If to City: City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Attn: Director, Community Services Written notice served by registered or certified mail shall be deemed delivered three (3) days after the date mailed. Other notices shall be effective upon delivery. b. Covenants and Conditions. Each term and each provision of this Agreement performable by either party shall be deemed both a covenant and a condition. C. Partial Invalidity. If any term or provision of this Agreement or any extension or application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or any extension or application shall be valid and enforced to the fullest extent permitted by law. d. Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any action by the District requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of District. District's consent or approval of any action by the City requiring District's consent or approval shall not be deemed to waive or render unnecessary District's consent to or approval of any subsequent act of City. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. e. No Assi nment. This Agreement and the duties and responsibilities of the Parties shall not be assigned by the Parties. f. Entire Agreement. This Agreement represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Agreement. This Agreement may not be modified, altered or amended except in writing by the Parties. g. Headings. Headings at the beginning of each numbered article and section of this Agreement are solely for the convenience of the Parties and are not part of this Agreement. As they are intended for reference only, no legal significance of any kind shall be attached to such headings. h. Governing Law. This Agreement shall be governed by the laws of the State of California and construed as if drafted by both City and District. 5 Joint Use Agreement WSD/Cityy of HB March 24, 2014 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their authorized officers on the day, month and year first above written. WESTMINSTER SCHOOL DISTRICT CITY OF HUNTINGTON BEACH By By Sig ature Mayo. Tina Douglas ATTEST: Print Name Asst. Superintendent, Bus. Svcs. BY City Clerk i Title APPROVED AS TO FOR "t-4 Attorney b1L0 � o� t� .9• APPROV D AS TO CONTENT: By Ac* anager INITIATED AND APPROVED: By *re &ommunity Services 6 Joint Use Agreement WSD/City of HB March 24, 2014 EXHIBIT A List of Schools and the Facilities Available for Use by the City 7 EXHIBIT A Westminster School District Schools with Parks • Clegg-Stacey Park—Acres: 2.795 6161 Larchwood Drive Huntington Beach, CA 92647 • Franklin Park — Park Acres: 1.52 5760 Sands Drive Huntington Beach, CA 92647 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov office of the City Clerk ` Joan L. Flynn, City Clerk June 4, 2014 Westminster School District Attn:Assistant Superintendent, Business Services 14121 Cedarwood Avenue Westminster, CA 92683 To Whom It May Concerned: Enclosed for your records is a copy of"Joint Use Agreement Between the City of Huntington Beach and the Westminster School District". Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand