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HomeMy WebLinkAboutHuntington Beach City School District - 2014-06-026�j ,, �,6n-JA11.1-C C_s (°IT 0. 66,-j Lh-c_lz 01 Dept. ID CS 14-012 Page 1 of 2 Meeting Date: 6/2/2014 1°"0 jaz� _7_0 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 Joint Use Agreement between the City of Huntington Beach and the Huntington Beach City 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 the Huntington Beach City School District (HBCSD) is required to be approved. 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 Huntington Beach City School District for Joint Use of School Recreation Facilities." Alternative Action(s): Do not approve agreement between City and HBCSD 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 Huntington Beach City School District (HBCSD), the Fountain Valley School District, the Westminster 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 HBCSD to discuss the need to terminate the Agreement. At this meeting, Staff discussed the City's intention to develop a HB -2 i - Item 2. - 1 Dept. ID CS 14-012 Page 2 of 2 Meeting Date: 6/2/2014 new Agreement that would more accurately reflect the current protocol for interaction between the two entities. 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 HBCSD to work together collaboratively. The Agreement was approved by the HBCSD. Environmental Status: Not applicable Strategic Plan Goal: Enhance quality of life Attachment(s): 1) Recreation Facility Use Agreement between the City of Huntington Beach and Huntington Beach City School District for Joint Use of School Recreation Facilities. Item 2. - 2 Tre -22- li A - T"A CHMENT - .xi. _ ._ RECREATION FACILITY USE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CITY SCHOOL DISTRICT FOR JOINT USE OF SCHOOL RECREATION FACILITIES THIS AGREEMENT is made and entered into this � day of NlA)C 2014 (the "Effective Date"), by and among the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HUNTINGTON BEACH CITY 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 WHEREAS, DISTRICT and CITY are authorized to jointly exercise any common powers pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California (Section 6500 et seq.); and WHEREAS, 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 (Section 10900 et seq.), 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. USE OF SCHOOL FACILITIES a. DISTRICT may make available to CITY those certain school facilities listed in Exhibit "A" for community recreational activities, subject to the terms and conditions set forth in this Agreement (collectively, the "School Facilities"). The School Facilities so utilized as needed shall be selected by CITY out of those facilities made available to CITY by DISTRICT. DISTRICT shall provide CITY with a minimum of thirty (30) days advance notice of any changes to the list of available School Facilities. 144154/106345 Upon the effective date of any such change(s), the existing Exhibit "A" shall be replaced with an updated Exhibit "A." b. CITY use of School Facilities shall be in accordance with pertinent DISTRICT policies in granting permits for nonschool use of facilities, and the Civic Center Act commencing at Education Code Section 38130. c. DISTRICT shall have first priority and exclusive use of all School Facilities for public school recreational uses in conjunction with the operation of each school site during regular public school hours each day, including summer school, and at such other times as the School Facilities may be needed for school purposes or are not being used by CITY. d. Schedules for use of said School Facilities for community recreational activities shall be established by mutual agreement of the Director of Community Services of CITY and DISTRICT superintendent or designated representative. 2. FEES AND SCHEDULING OF SCHOOL FACILITIES IN GENERAL a. Consistent with Section l.c. above, DISTRICT programs, events and required maintenance shall have first scheduling priority for the use of the School Facilities. Schedules for non -DISTRICT use of the School Facilities may be altered by mutual consent of the parties. The parties agree to use their best efforts so as to avoid scheduling disputes and conflicts. b. 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 School Facilities. C. CITY shall consult with and obtain DISTRICT's written consent, which shall not be unreasonably denied or delayed, prior to conducting any recreational activities on the School Facilities. 3. 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 14-4154/106345 2 CITY out of its own resources. All personnel selected by CITY to provide services on the School Facilities shall be required to comply with the applicable requirements of Education Code section 45125.1 with respect to fingerprinting of employees and shall complete the Criminal Records Check Certification form provided by DISTRICT. 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 the 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. CITY agrees to pay a pro rata share of the expenses for all School Facilities utilized for community recreational programs to: (1) maintain the School Facilities in good order, condition and repair; (ii) provide utility services used on the School Facilities; (iii) provide custodial service to keep the School Facilities, including applicable restrooms, in a neat, orderly and sanitary condition; (iv) mow the lawn, trim lawn edges, remove weeds, repair and replace broken sprinkler heads as needed, and otherwise maintain the School Facilities in a neat and orderly appearance; and (v) provide security services to the School Facilities, for all periods when the School Facilities are being used by CITY for community recreation programs. C. If DISTRICT determines that the School Facilities, in whole or in part, must be closed due to work on adjacent property or for repair, renovation or maintenance, DISTRICT shall give CITY a minimum of ten (10) days advance notice prior to the closure, unless DISTRICT determines that an emergency condition exists which may threaten the health or safety of persons using the affected School Facilities. In such case, DISTRICT shall have the right to immediately close the affected School Facilities. In the case of an emergency of the type described above, DISTRICT agrees to make a good faith effort to give CITY notice of the closure within twenty-four (24) hours of learning of the emergency condition necessitating the closure of the affected School Facilities. Upon completion of the work on the adjacent property or the repair, renovation or maintenance of the affected School Facilities, DISTRICT shall give CITY notice that the affected School Facilities are available for use. 14-4154/106345 d. CITY agrees to repair, replace or pay for any damage done to the School Facilities while under CITY control that is the direct result of the use by CITY for its community recreational programs. CITY shall give written notice to DISTRICT of any such damage within three (3) working days of the discovery of the damage. 5. CONTRACT ADMINISTRATOR The CITY Contract Administrator for this Agreement shall be the Director of Community Services of CITY. The DISTRICT Contract Administrator for this Agreement shall be the Gregory Haul k, District Superintendent 6. TERM AND OPTION TO TERMINATE The term of this Agreement shall commence on the Effective Date, and shall continue in effect for a period of ten (10) years upon thirty (30) days written notice to the other parry at the address shown herein. Upon the Effective Date of this Agreement, all prior agreements between the parties regarding the use of the School Facilities for community recreational programs shall be terminated without further action or liability by either parry. At the expiration of the 10-year term, this Agreement may be renewed by the written mutual consent of the parties. 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 the 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 the DISTRICT shall fully defend, indemnify and hold CITY harmless from the liability imposed for injury (as defined by Government Code Section 819.8), occurring by 14-4154/106345 4 reason of anything done or omitted to be done by the DISTRICT under or in connection _with any activities described in this Agreement. INSURANCE a. CITY agrees to either self -insure for at least the minimum liability coverage set forth below or maintain comprehensive general liability insurance either through an insurance carrier licensed to do business in the State of California or a joint powers insurance authority with the amount of said insurance required to be at least Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate. CITY agrees to name DISTRICT as an additional insured on the applicable insurance policies and to provide thirty (30) days prior written notice to DISTRICT if it proposes to change, or modify the aforementioned insurance coverage which will result in a decrease in the scope or the amount of such coverage. b. CITY shall ensure that all persons or organizations desiring to use the School Facilities, as part of their community recreational programs, shall have in effect at the time of such use, the above -referenced general liability insurance coverage. 9. AMENDMENTS This Agreement may be amended from time to time by mutual agreement in writing of the parties hereto. 10. NON-DISCRIMINATION CITY covenants by and for itself, its administrators and assigns, and all persons claiming under or through it, that this Agreement is made subject to the following condition: There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, ethnicity, national origin, ancestry, religion, gender, sexual orientation, age, disability, or marital status, in the use, occupancy or enjoyment of the School Facilities subject to this Agreement. 144154/106345 5 11. COUNTERPARTS This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. 12. 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: CITY: CITY OF HUNTINGTON BEACH Attn: Director, Community Services 2000 Main Street Huntington Beach, CA 92648 DISTRICT: Huntington Beach City School District Attn:Gregory Haulk, District Superintendent 204S I Craimer Lane Huntington Beach, CA 92646 IN WITNESS V+THEREOF, 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. APPROV S TO CONTENT: By P6?anager HUNTINGTON BEACH CITY SCHOOL DISTRICT d,� CITY OF HUNTINGTON BEACH ATTEST: By 40ASMAW C ClerkrV i APPROVED AS TO ORM: City Attorney L [(L(( 141 INITIAT D AND APPROVED: By D' c ommunity Services 14-4154/106345 6 - % , EXHIBIT "A" LIST OF SCHOOL FACILITIES 14-4154/106345 EXHIBIT "A" LIST OF SCHOOL FACILITIES Huntington Beach City School District Schools • Isaac L. Sowers Middle School 9300 Indianapolis Avenue Huntington Beach, CA 92646 • John H. Eader Elementary School 9291 Banning Avenue , Huntington Beach, CA 92646 • Ralph E. Hawes Elementary School 9682 Yellowstone Drive Huntington Beach, CA 92646 • Huntington Seacliff Elementary School 6701 Garfield Avenue Huntington Beach, CA 92658 • S.A. Moffett Elementary School 8800 Burlcrest Drive Huntington Beach, CA 92646 • Joseph R. Perry Elementary School 19231 Harding Lane Huntington Beach, CA 92646 • John R. Peterson Elementary School 20661 Farnsworth Lane Huntington Beach, CA 92646 • Anges L. Smith Elementary School 770 17th Street Huntington Beach, CA 92648 • Ethel R. Dwyer Middle School 1502 Palm Avenue Huntington Beach, CA 92648 14-4154/106345 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 Huntington Beach City School District Attn: Gregory Haulk, District Superintendent 20451 Craimer Lane Huntington Beach, CA 92646 To Whom It May Concern: Enclosed for your records is a copy of the fully executed "Recreation Facility Use Agreement Between the City of Huntington Beach and Huntington. Beach City School District for Joint Use of School Recreation Facilities." Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand