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HomeMy Public PortalAbout12) 7F Use Of Facilities El Monte City School DistCity Council June 5, 2012 Page 2 proposed Facility Use Agreement reflects the cooperative relationship between the City and the El Monte City School District. Approval of the agreement will serve to reinforce the City/School District partnerships and will continue to stimulate cooperative efforts between the agencies. The City is proposing a two-year agreement covering the period from July 1, 2012-June 30, 2014. CONCLUSION: Staff is recommending the City Council review and approve the two-year Agreement for Use of Facilities with the El Monte City School District. FISCAL IMPACT: There is no fiscal impact to the current or proposed Fiscal Year (FY) 2011-12 or 2012-13 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 THIS AGREEMENT, made and entered into this 5th day of June, 2012 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, 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. 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. AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT Page2 2 . 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. 3 . 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 . 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. 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. 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. Unless the proposed activity conflicts with AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT Page 3 another prior scheduled activity, DISTRICT's approval of a CITY request shall not be unreasonably withheld. 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 with the general requirements as set forth in this Agreement. A "Specific Agreement" would not be necessary for one time uses and/or for uses that would fall under the agencies' current policies. 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. Payment shall be 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 AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT Page4 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 liab ility 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. 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 ATTORNEYS 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 . AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT Page 5 Section VIII COMMENCEMENT AND TERMINATION This Agreement and the services hereunder shall commence on July 1, 2012 and shall thereafter continue to and including the 301h day of June, 2014 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 TERM OF AGREEMENT This Agreement shall constitute the entire understating of the parties hereto and shall not be modified unless made in writing by the parties hereto. In the administration of this Agreement and the rights and responsibilities provided to both CITY and DISTRICT, the City Manager (or his designate) shall be the representative of CITY and the Superintendent (or her designate) shall be the representative of DISTRICT. Notices provided to the parties under this Agreement shall utilize the following addresses: CITY: DISTRICT: City of Temple City Attention: City Manager 9701 Las Tunas Drive Temple City, CA 91780 El Monte City School District Attention : Superintendent 3540 N. Lexington Avenue El Monte, CA 91731 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on this 51h day of June 2012 . AGREEMENT FOR USE OF FACILITIES WITH EL MONTE CITY SCHOOL DISTRICT PageS CITY OF TEMPLE CITY By :---------- City Manager City of Temple City Attest: ________ _ City Clerk EL MONTE CITY SCHOOL DISTRICT By:----------- Superintendent El Monte City School District