The URL can be used to link to this page

Home My WebLink AboutFountain Valley School District - 2014-03-17e6 S 0A1= 4, 26 Dept. ID CS 14-004 Page 1 of 2 Meeting Date: 3/17/2014 /gC7!%� ?7 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/17/2014 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 and authorize execution of a Recreation Facility Use Agreement between City and Fountain Valley School District (FVSD) for joint use of school recreation facilities Statement of Issue: Based on changes to the composition of the Community Services Commission, a new recreation facility use agreement between the City of Huntington Beach (City) and Fountain Valley School District (FVSD) is required to be entered into for joint use of school recreation facilities. Financial Impact: Not applicable Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Recreation Facility Use Agreement Between the City of Huntington Beach and Fountain Valley School District for Joint Use of School Recreation Facilities." Alternative Action(s): Do not approve agreement with City and FVSD and direct staff accordingly. Analysis: Since 1985, the City of Huntington Beach has had a single, joint use agreement (Agreement) between the City and various elementary school districts, including the Fountain Valley School District (FVSD), the Huntington Beach City School District, and the Ocean View School District. In addition to various conditions associated with the use of joint facilities, the Agreement included language pertaining to the composition of the Community Services Commission (CSC). However, 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 FVSD 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. uB -3 3 7- Item 12. - 1 Dept. ID CS 14-004 Page 2 of 2 Meeting Date: 3/17/2014 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 FVSD to work together collaboratively. Environmental Status: Not applicable Strategic Plan Goal: Enhance quality of life Attachment(s): 1) "Recreation Facility Use Agreement Between City of Huntington Beach and Fountain Valley School District for Joint Use of School Recreation Facilities" Item 12. - 2 I-IR -> ; 8- RECREATION FACILITY USE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND FOUNTAIN VALLEY SCHOOL DISTRICT FOR JOINT USE OF SCHOOL RECREATION FACILITIES THIS AGREEMENT is made and entered into this 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 FOUNTAIN VALLEY SCHOOL DISTRICT, a political subdivision of the State of California, hereinafter collectively referred to as "DISTRICT." WHEREAS, the parties hereto desire to promote and preserve the health and general welfare of the people of the CITY and DISTRICT, and to cultivate and develop 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 and DISTRICT: and The parties hereto desire to cooperate with each other to carry out the provisions of Chapter 10, Part 7 of Division I of Title I of the Education Code of the State of California, and to that end enter into an agreement with each other to promote and preserve the health and general welfare of the people of said CITY and DISTRICT, 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. SCOPE OF WORK a. DISTRICT shall make available to CITY certain of their school facilities for community recreational activities. The facilities so utilized shall be selected by CITY out of those facilities made available to CITY by DISTRICT. b. CITY use of school facilities shall be in accordance with pertinent DISTRICT policies in granting permits for nonschool use of facilities. Schedules for use of said facilities for community recreational activities shall be established by mutual agreement of the Director of Community Services of CITY and DISTRICT's superintendent or designated representative. 13-4004/103135 2. FEES AND SCHEDULING OF FACILITIES IN GENERAL a. All fees and charges assessed for programs scheduled under this agreement shall be used for furthering the recreational activities of the students and in performance of this Agreement. b. DISTRICT programs, events and required maintenance shall have first scheduling priority for the use of its own facilities. DISTRICT reserves the right to schedule the use of facilities in fair proportion for other public agencies. Schedules may be altered by mutual consent of all the parties herein. The parties agree to use their best efforts so as to avoid scheduling disputes and conflicts. CITY shall select and provide certain qualified personnel to conduct recreational activities and events which take place after school hours, on weekends, and during holiday and vacation periods on the various selected DISTRICT facilities. d. DISTRICT shall be consulted and advised as to recreational activities conducted by CITY on facilities under DISTRICT own jurisdiction. PERSONNEL All personnel employed to conduct community recreational activities shall be under the supervision of CITY and shall be employed by CITY. Expenses, including but not limited to, salaries, cost of supplies, and general maintenance shall be met by CITY out of its own resources. 4. MATERIALS AND MAINTENANCE OF FACILITIES a. CITY shall provide certain expendable material and supplies necessary for conducting community recreational programs for all ages. Equipment provided by each DISTRICT as part of the school program and suitable for community recreational use, and equipment and supplies provided by CITY and suitable for school use, shall be mutually interchangeable for the common use of CITY and DISTRICT. b. Custodial and maintenance services for all school facilities utilized for community recreational programs may be provided by DISTRICT, if requested to provide such services by CITY in writing. DISTRICT may charge CITY for cost of providing custodial and maintenance service requested by CITY, subject to written understanding only. 13-4004/103135 2 5. CONTRACT ADMINISTRATOR The CITY Contract Administrator for this Agreement shall be the Director of Community Services of CITY. 6. TERMS AND OPTION TO TERMINATE The term of this Agreement shall commence on meff %Z )'0/4/7:, and shall continue in effect until terminated by CITY, upon sixty (60) days written notice to each party at the address shown herein. Any DISTRICT may terminate the agreement, as to itself, upon sixty (60) days written notice at the address shown herein. 7. INDEMNIFICATION, DEFENSE, HOLD HARMLESS a. 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 810.6), occurring by reason of anything done or omitted to be done by CITY under or in connection with any activities described in this Agreement. b. 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 any DISTRICT under or in connection with any activities described in this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 any DISTRICT shall fully defend, indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 819.8), occurring by reason of anything done or omitted to be done by any DISTRICT under or in connection with any activities described in this agreement. 8. AMENDMENTS This agreement may be amended from time to time by mutual agreement in writing of the parties hereto. 9. NOTICES Any notices pursuant to this Agreement shall be deemed delivered, if in writing, deposited in the United States Postal Service with postage prepaid and addressed to each party as follows: 13-4004/103135 3 CITY: CITY OF HUNTINGTON BEACH Attn: Director, Community Services 2000 Main Street Huntington Beach, CA 92648 DISTRICT: Fountain Valley School District 10055 Slater Avenue Fountain Valley, CA 92708 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. CITY OF HUNTINGTON BEACH x P-407c,:�� X '1111 ATTEST: By s C CAS'*) APPROV CONTENT: APPROVED ASTO FORM: By _ Pfty Wager ity Attorney d� 6 FOUNTAIN VALLEY SCHO . DISTRICT INITIATED AND APPROVED: recto ,—Community Services 13-4004/103135 4 Southern California ReoAGE iI F CERTIFICATE OF COVER Issue pate Protected Insurance Program for Schools 10/1/2.013 ADMINISTRATOR: LICENSE i# 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Keenan & Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS 901 Cale Amanecer, d#200 CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE San Clemente, CA 92673 AFFORDED BY THE COVERAGE DOCUMENTS BELOW. ENTITIES AFFORDING COVERAGE: 949-940-1760 WWW.keenan.corn ENTITYA: Southern California ReLiEF ENTnv i.: Protected Insurance Program for Schools COVERED PARTY: Fountain Valley School District 10055 Slater Avenue ENTITY C: Fountain Valley CA 92708 ENTITY D. ENTITY E: 'PHIS IS 1*0 CERTIFY THAT TIME COVERAGES LISTED BELOW HAVE BEEN ISSUED'10 TI-tP COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REIAREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1NIIICH I HIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE AFFOROEO HEREIN IS SUBJECT TO ALL THE TERMS AND CONDII IONS OF SUCH COVERAGE DOCUMENTS. MEMBER ENT LTR TYPE OF COVERAGE COVERAGE DOCUMENTS EFFECTIVE/ EXPIRATION DATE RETAINED LIMIT ! DEDUCTIBLE LIMITS A GENERAL LIABILITY COMBINED SINGLE UMIT EACH OCCURRENCE (�CLIMSMADE (OCCURRENCE LLIAIIILIT'Y CLAIMS ( 1LIM SCR001903-08 7/1/2013 $ 5,000 s 1,000,000 I GOVERNMENT CODES 7/1/2014 [ ERRORS&OMISSIONS ! 1 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMI1- EACH OCCURRENCE ANY A O SCR 001903-08 7/1/2013 $ 5,000 s 1,000,000 ( A o ( NON -OWNED AUTO 7/1 /2014 ( 1 GARAGE LIABILITY ( AUTO PHYSICAL DAMAGC A PROPERTY SCR 001903-08 7/1/2013 S 5,000 s 250,000,000 ( ALL RISK EXCLUDES (_AR'[ HOUAKIi 711 /2014 EACH OCCURRENCE ( & FLOOD ( J BUILDER'S RISK A STUDENT PROFESSIONAL LIABILITY SCR 001903-08 7/1/2013 S 5,000 s Included 7/1 /2014 EACH OCCURRENCE B WORKERS COMPENSATION 4EMPLOYERS'LIABILITY t jWCSTATUTORYLIMITS (,4 OTHER PIPS13510 7/1/2013 $ 7/1/2014 s 1,000,000 E.L. EACH ACCIDENT $ 1,000,000 EXCESS WORKERS COMPENSATION l JEMPLO)'EF,S' 1JABiLiTY 5 c.l. DISEASE - EACH EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMITS OTHER S 5 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIRESTRICTIONSISPECIAL PROVISIONS: AP RD AS TO RDIcM: As respects to the Surf Club at Talberl Middle School. i aspag'kr1�, rip �i O CERTIFICATE HOLDER: CANCELLATION ...... SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANE LED E�F��qR THE EXPIRATION DATE THEREOF, THE ISSUING ENTITY/JPA City of Huntington Beach, its agents, H t LL N 29i4TO MAIL 3O�D�Yy � Ek RTI TE officers and employees �I��kLy� L>r 2000 Main Street At�cr3c�Spfpf�C,pC�. Huntington Beach CA 92648 John Stephens AUTHORIZED REPRESENTATIVE C61!'1• Nc`t�t7'17.n9rg CL'J trad'1' L'o[]R; 3=nuNYvnt, KfI11..9M MaguifiCo 1011./7.013 3:5'1;44 I'K Page 1 or. 3 DISCLAIMER The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the coverage documents listed thereon. CfC16' NO.: 17929964 C1.1fiN'1' MIM: FOVNTVAL M-13"ifiCO 1.0/1./2011 3:!aYA4 PH PAge 2 af.. .1 ENDORSEMENT ADDITIONAL. COVERED PARTY CC)Vf-RL.f) PARTY COVERAGE DOCUMENT � ADMINISTRATOR= Fountain Valley School District SCR 001903-0F3 Keenan &Associates Uubject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under "as respects" below. Additional Cov-rriad Partty- City of Huntington Beach, its agents, officers and employees 2000 Main Street Huntington Beach CA 92648 As respects to the Surf Club at Talbert Middle School. City of Huntington Beach, its Officers, Elected or Appointed Officials, Employees, Agents and Volunteers are named as Additional Covered Parties, Authorized Representative Issue Date: 10/1/2013 CE'RT No.: 1.7929961 C1,1ENT C'01)r; FOUNT', Maali:ssa Maiplifico 1.0/1/2013 3:S?:g4 INN Na(pi 3 of. 3 FOUNTAIN VALLEY SCHOOL DISTRICT 10055 Slater Avenue ® Fountain Valley, CA 92708 ® (714) 843-3200 www.fvsd.kl2.ca.us From the Office of the Superintendent February 18, 2014 Janeen Laudenbeck Director of Community Services City of Huntington Beach 200 Main Street Huntington Beach, CA 92648 Ms. Laudenbeck, Enclosed please find the Recreation Facility Use Agreement Among City of Huntington Beach and Fountain Valley School District for Joint Use of School Recreation Facilities, approved by the Fountain Valley School District Board of Trustees at their February 6"' meeting. Professionally, Marc Ecker, Ph.D. Superintendent /rl Our missionis to promote a foundation for academic excellence, mastery of basic skills, responsible citizenship, and a desire by students to achieve their highest potential through a partnership with home and community. 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 March 20, 2014 Marc Ecker, Ph. D., Superintendent Fountain Valley School District 10055 Slater Ave. Fountain Valley, CA 92708 Dear Mr. Ecker: Enclosed for your records is a copy of "Recreation Facility Use Agreement Between City of Huntington Beach and Fountain Valley School District for Joint Use of School Recreation Facilities." Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand