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HomeMy Public PortalAbout07) 7D Use of Facilities Agreement with El Monte City School DistrictCity Council July 15, 2014 Page 2 of 3 6. On June 1, 2013, staff received a response from the EMCSD with several revisions to the proposed Agreement as recommended by their attorneys. 7. On June 5, 2013, staff forwarded the revised Agreement to the City Attorney for review. The City Attorney provided additional language for the proposed Agreement. 8. On June 14, 2013, staff sent the final Agreement to the newly appointed Superintendent for approval. No response was received. 9. On May 23, 2014, staff met with Dr. Maribel Garcia, the EMCSD Superintendent, to discuss the proposed Agreement. 10. On June 20, 2014, staff spoke with Mr. Kris Olafsson, Assistant Superintendent of the EMCSD and discussed one final change to the Agreement. 11. On July 3, 2014, staff received the proposed Agreement from the EMCSD which had been approved by their Board of Education on June 30, 2014. ANALYSIS: For many years the City of Temple City and the EMCSD have shared facilities through approval of an annual Agreement. The City currently offers the STARS program at Cleminson School, which is located within the city limits of Temple City but is part of the EMCSD. The City Council approved an Agreement for Fiscal Years (FY) 2012-14 on June 5, 2012. The Agreement was never signed nor returned by the EMCSD, even after numerous follow up calls and emails. During this time, the EMCSD did not charge the City any fees for use of the facilities at Cleminson School; however absent a signed Agreement, the City was required to charge the EMCSD for use of City facilities, including uses of the picnic shelters at Live Oak Park for Rio Hondo and Gidley Schools, which are part of the EMCSD. On April 25, 2013, staff sent another copy of the proposed Agreement to the EMCSD for FY 2013-15. On June 1, 2013 a response was received from the Assistant Superintendent of the EMCSD (at that time) with several requested revisions. The City Attorney reviewed the revisions and recommended changes to the proposed Agreement based on EMCSD's input. The final draft Agreement was provided to the new superintendent, Dr. Maribel Garcia, on May 23, 2014, at which time the City's use of District's facilities was discussed. One minor modification to the Agreement was requested by the current Assistant Superintendent, to add to the original agreement the following statement in Section IV.4: City Council July 15, 2014 Page 3 of 3 CITY agrees to pay DISTRICT a custodial fee in the amount of $30 per hour for any weekend use, or use after 7:30p.m. Monday-Friday. Due to budgetary restrictions, EMCSD no longer has custodial staff on duty after 7:30 p.m. on weekdays or on weekends. Therefore, any City use during this period would require EMCSD to schedule a custodian and pay them the abovementioned rate. Other than the language above, the EMCSD has not requested any payment or reimbursement for the City's use of the school facilities. Approval of the Agreement will serve to reinforce the City/School District partnership and will continue to stimulate cooperative efforts between the City of Temple City and the El Monte City School District. CONCLUSION: The proposed Facility Use Agreement reflects the cooperative relationship between the City of Temple City and the El Monte City School District. The City is proposing a two-year agreement covering the period from July 1, 2014-June 30, 2016. FISCAL IMPACT: There is no fiscal impact to the Fiscal Year (FY) 2014-15 City Budget. ATTACHMENT: A. Agreement for Use of Facilities with El Monte City School District CITY OF TEMPLE CITY AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT ATTACHMENT A THIS AGREEMENT, made and entered into this 1st day of July, 2014 by and between the City of Temple City, a municipal corporation, hereinafter referred to as CITY and the El Monte City School District, Los Angeles County, hereinafter referred to as DISTRICT. WITNESSETH WHEREAS, pursuant to the provisions of Title 1, Division 1, Part 7, Chapter 10 of the California Education Code (commencing with section 10900), Title 1, Division 7, Chapter 5, Article 1 of the California Government Code (commencing with section 6500), and section 37110.5 of the California Government Code, the CITY and DISTRICT are authorized to enter into an agreement providing for educational, recreational, and community facilities and programs; and WHEREAS, in order to promote and provide for the health and general welfare of the people of Temple City; and, WHEREAS, community recreation and educational programs encourage development of good citizenship and enhance the quality of life for Temple City residents; and, WHEREAS, the CITY and DISTRICT have available facilities located throughout the community appropriate for use for recreational and educational services; and, WHEREAS, cooperative efforts among public agencies improves the efficiency in service delivery; NOW, THEREFORE, the CITY and the DISTRICT do hereby agree as follows: Section I SCOPE OF SERVICES CITY and DISTRICT facilities will be available to the CITY'S and to the DISTRICT'S programs that serve the community. The proposed uses include, but are not limited to, CITY's recreation programs conducted at various school sites. The CITY, through its Parks and Recreation Department, agrees, contingent upon available resources, to conduct, maintain and operate a program of supervised recreation. CITY agrees to supply necessary supervision, leadership, planning, supplies and personnel for the operation of said program to the extent authorized and approved by CITY budget. The DISTRICT agrees, contingent upon available resources, to conduct, maintain and operate an educational program ("District Program"). DISTRICT agrees to supply necessary supervision, leadership, planning, supplies and personnel for the operation of said District Program to the extent authorized and approved by DISTRICT's budget. AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT Page2 Section II RESPONSIBILITIES OF CITY 1. CITY shall at all times be responsible for the planning and operation of the community recreation programs, as well as for the acts of its employees, or any event, accident or occurrence that should occur during the operation of said program and which is within the scope of control of said CITY or its employees. The CITY shall coordinate with the DISTRICT the use of DISTRICT facilities in order to provide for the security of the facilities and equipment of the areas to be used. 2. CITY shall develop general rules and regulations including guidelines for the use of CITY facilities, which shall be made available to DISTRICT with an understanding that such rules shall be acknowledged in writing, and be given to each employee involved in the program operating on CITY property. 3. The CITY'S program shall be under the jurisdiction and control of CITY which shall confer from time to time and as necessary with DISTRICT. 4. CITY shall, without impacting CITY's recreational or other municipal activities, make available to DISTRICT play areas, gymnasiums, rooms and other facilities under its jurisdiction as shall be agreed upon from time to time by CITY and DISTRICT. 5. CITY shall not permit any person or organization to use the DISTRICT facilities where such use is inconsistent with Education Code Sections 10900 through 10915 and Section 40044 and other applicable laws. Section Ill RESPONSIBILITIES OF DISTRICT 1. DISTRICT shall at all times be responsible for the planning and operation of DISTRICT's programs, as well as for the acts of its employees, or any event, accident or occurrence that should occur during the operation of said program and which is within the scope of control of DISTRICT or its employees. DISTRICT shall coordinate with CITY the use of CITY facilities in order to provide for the security of the facilities and equipment of the areas to be used. 2. DISTRICT shall develop general rules and regulations, including guidelines for the use of DISTRICT facilities, which shall be made available to CITY with an understanding that such rules shall be acknowledged, in writing, and be given to each employee involved in the program operating on DISTRICT property. 3. DISTRICT'S programs shall be under the jurisdiction and control of the DISTRICT which shall confer from time to time and as necessary with CITY. AGREEMENT FOR USE OF FACILITIES W ITH EL MONTE CITY SCHOOL DISTRICT Page 3 4 . DISTRICT shall, without impacting DISTRICT's educational programs, make available to CITY play areas, gymnasiums, rooms and other facilities under its jurisdiction as shall be agreed upon from time to time by CITY and DISTRICT. Section IV CONDITIONS OF USE 1. In requesting use of a DISTRICT facility, CITY shall use a form supplied by DISTRICT that shall provide DISTRICT with general information about the proposed use. This information shall include, but not be limited to, the facility requested , the dates and times for such proposed use, and the general activities to be performed during said use. DISTRICT shall consider such request and may deny the request if the DISTRICT determines, in its sole discretion, that the requested use would interfere with DISTRICT activities or Civic Center Act uses, would result in the use of DISTRICT facilities on a State or Federal Holiday, or would damage DISTRICT facilities because the DISTRICT faci lities were not designed to accommodate the proposed use. 2. In requesting use of a CITY facility, DISTRICT shall use a form supplied by CITY that shall provide CITY with general information about the proposed use. This information shall include, but not be limited to , the facility requested, the dates and times for such proposed use, and the general activities to be performed during said use. Unless the proposed activity conflicts with another prior scheduled activity, CITY's approval of a DISTRICT request shall not be unreasonably withheld. 3. From time to time, as determined by the City Manager and/or the Superintendent, it may be necessary for CITY and DISTRICT to identify special conditions applicable to a specific request for facility use. At that time, CITY and DISTRICT may establish a "Specific Agreement". Such "Specific Agreements" shall conform to the general requirements as set forth in this Agreement. To the extent that any provision in any Specific Agreement the parties may execute in the future conflicts with any provision in the body of this Agreement, the provisions in the body of this Agreement shall prevail unless the terms of such Specific Agreement expressly states that the Specific Agreement shall prevail notwithstanding this Section. 4. It is the intent of both CITY and DISTRICT to provide facilities to each other, in the great majority of cases, at no cost to the other agency. In those cases where unusual costs are anticipated , both CITY and DISTRICT agree to set such costs and the arrangement for payment thereof, prior to actual use of the facility. CITY agrees to pay DISTRICT a custodial fee in the amount of $30 per hour for any weekend use, or use after 7:30 p.m. Monday -Friday. Payment shall be AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT Page4 rendered only upon presentation of a properly substantiated invoice to the using agency. The agency that supplied the facility shall present such an invoice and accompanying substantiation within 45 days of the use. Invoices not presented within 45 days will be deemed waived. Section V INDEMNIFICATION 1. CITY agrees to and does hereby indemnify and hold harmless DISTRICT, its officers, officials, employees and agents from and against all claims, damages, losses and expenses including attorney fees arising out of the use of property, caused in whole or in part by any negligent act or omission of CITY, anyone directly or indirectly employed by CITY or anyone for whose acts CITY may be liable except where caused by the active negligence, sole negligence or willful misconduct of DISTRICT. 2. DISTRICT agrees to and does hereby indemnify and hold harmless CITY, its officers, employees and agents from and against all claims, damages, losses and expenses including attorney fees arising out of the use of property, caused in whole or in part by any negligent act or omission of DISTRICT, anyone directly or indirectly employed by DISTRICT or anyone for whose acts DISTRICT may be liable except where caused by the active negligence, sole negligence or willful misconduct of CITY. 3. No DISTRICT employee as such shall be considered as an employee of CITY or under the jurisdiction of CITY and no CITY employee as such shall be considered as an employee of DISTRICT or under the jurisdiction of DISTRICT; nor shall an employee of either agency have any pension, Civil Service, or other status of the other. A. DISTRICT shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any DISTRICT personnel performing services hereunder for CITY, nor any liability other than provided for in this Agreement. Similarly, CITY shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any CITY personnel performing services hereunder for DISTRICT, nor any liability other than provided for in this Agreement. B. CITY shall not be liable for compensation or indemnity to any DISTRICT employee for the injury or sickness or wages arising out of employment with the DISTRICT. Similarly, DISTRICT shall not be liable for compensation or indemnity to any CITY employee for the injury or sickness or wages arising out of employment with the CITY. AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT PageS Section VI INSURANCE CITY and DISTRICT shall provide one another with a certificate of insurance designating the other agency as "additional insured" for the term of this Agreement for all programs conducted by the CITY on DISTRICT properties and by the DISTRICT on CITY properties. The certificate shall be issued by an insurance company admitted for business in the Sate of California with a BEST rating of at least A, VII. The minimum limits shall be as follows; $1,000,000 per occurrence for general liability and per occurrence for property damage. Section VII A TIORNEYS FEES, COSTS AND EXPENSES In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. Section VIII COMMENCEMENT AND TERMINATION This Agreement and the services hereunder shall commence on July 1, 2014 and shall thereafter continue to and including the 30th day of June, 2016 and at the option of either agency be renewed for successive periods of time as agreed upon by and between CITY and DISTRICT. Notwithstanding any other provisions of this Agreement to the contrary, this Agreement may be terminated at any time by either party hereto by a thirty (30) day notice in writing. Section IX NONDISCRIMINATION CITY and DISTRICT shall not discriminate on the basis of race, color, sex, age, religion, national origin, disability, or any other basis prohibited by law. Section X ASSIGNMENT Except as otherwise provided for herein, a party may permit only party sanctioned events AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT Page 6 at the other party's facilities, and may not otherwise assign all or any portion of its rights hereunder or delegate any of its duties hereunder, without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section is void ab initio. Section XI MISCELLANEOUS 1. Counterparts. This Agreement may be executed in any number of counterparts, each which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by other parties to this Agreement attached thereto. 2. Applicable Law. This Agreement's interpretation and implementation shall be governed by the laws of the State of California and any questions arising hereunder shall be construed and determined according to such laws. 3. Headings. Headings at the beginning of each numbered section of this Agreement are solely for the convenience of the parties and are not a part of this Agreement. 4. Entire Agreement, Amendments and Extensions. A. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all other agreements between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent, or acquiescence with respect of this Agreement shall be set forth in writing and duly executed on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. B. Any amendments, modifications or variations from the terms of this Agreement shall be in writing and shall be effective only upon approval of such amendment, modification or variation by the Council of the City and the Board of Education of the District. 5. No Other Inducement. There have been no representations, statements, warranties or agreements other than those expressly set forth herein that induced the making, execution and delivery of this Agreement by the parties.