HomeMy Public PortalAbout11) 7G Agreement El Monte School DistrictDATE:
TO:
FROM:
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
June 7, 2016
The Honorable City Council
Bryan Cook, City Manager (h
By: Cathy Burroughs, Director of Parks and Recreation J 1
AGENDA
ITEM ?.G.
SUBJECT: APPROVAL OF AGREEMENT FOR USE OF FACILITIES WITH THE EL
MONTE CITY SCHOOL DISTRICT
RECOMMENDATION:
The City Council is requested to approve a two-year Agreement for Use of Facilities
(Agreement) with the El Monte City School District (EMCSD).
BACKGROUND:
1. Since the late 1980's, the City of Temple City and the EMCSD have shared
facilities through approval of Agreements.
2. On June 30, 2014, the EMCSD Board of Education (Board) approved a two-year
Agreement for FY 2014-16.
3. On July 15, 2014, the City Council approved the two-year Agreement with the
EMCSD for FY 2014-1 6.
4. In January 2016, staff sent a draft Agreement to the EMCSD Superintendent
req uesting any revisions to the proposed Agreement be submitted to the City. No
revisions were requested.
5. On April 27, 2016, staff sent the proposed Agreement to the EMCSD for Board
approval.
6. On May 16, 2016, the EMCSD Board approved the 2016-18 Agreement.
ANALYSIS:
For many years the City of Temple City and the EMCSD have shared facilities through
City Council
June 7, 2016
Page 2 of 2
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 FY 2014-16 on July 15, 2014.
The proposed Agreement with the EMCSD contains the same provisions as the
previous Agreement.
Approval of the Agreement will serve to reinforce the City/School District partnership and
wi ll continue to stimulate cooperative efforts between the City of Temple City and the El
Monte City School District.
CITY STRATEGIC GOALS:
Approval of the Agreement for Use of Facilities with El Monte City School District furthers
the City's Strategic Goals of Good Governance and Quality of Life.
FISCAL IMPACT:
There is no fiscal impact to the Fiscal Yea r (FY) 2015-16 proposed City Budget.
ATTACHMENT:
A. Agreement for Use of Facilities with the El Monte City School District
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ATTACHMENT A
CITY OF TEMPLE CITY
AGREEMENT FOR USE OF FACILITIES WITH
EL MONTE CITY SCHOOL DISTRICT
THIS AGREEMENT, made and entered into this 1st day of July, 2016 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 1 0900), 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
Page 2
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 faci lities 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 1 0900 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 WITH
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 facilities 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 informatio n 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
Page 5
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.
Section VIII
COMMENCEMENT AND TERMINATION
This Agreement and the services hereunder shall commence on July 1, 2016 and shall
thereafter continue to and including the 30th day of June, 2018 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 fo r 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.
AGREEMENT FOR USE OF FACILITIES WITH
EL MONTE CITY SCHOOL DISTRICT
Page 7
6. Conflicts of Laws. As between the CITY and the DISTRICT, in the
administration of this Agreement, in the event that th ere 1s a conflict in the laws
that govern the CITY and the laws that govern the DISTRICT, the parties shall
take such actions as necessary to comply all of the laws that govern either party.
Section XII
TERM OF AGREEMENT
This Agreement shall constitute the entire understating of the parties hereto and shall not
be modified unless made 1n 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
prov1ded to the parties under this Agreement shall utilize the followmg 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, th e parties hereto have caused th is Agreement to be execute d
on this day of 2016.
CITY OF TEMPLE CITY
By: ____________________ __
City Manager
City of Temple City
Attest: ------------------City Clerk
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EL MONTE CITY SCHOOL DISTRICT
_/-; /-/
By: ;LL-£IVY-... / { ("'..-I ... -
1 ' uperintendent
/ El Monte City Schoo District