HomeMy Public PortalAboutAgreement_2011-08-25_Temple City Unified School District_5 year term��y I W 9 6 1 a 9 : 4 h W 1 1 x 8 1 1 0
A G R E E M E N T F O R U S E O F F A C I L I T I E S W I T H
T E M P L E C I T Y U N I F I E D S C H O O L D I S T R I C T
T H I S A G R E E M E N T , m a d e a n d e n t e r e d i n t o t h i s 2 5 ��h d a y o f A u g u s t , 2 0 1 1 b y a n d
b e t w e e n t h e C i t y o f T e m p l e C i t y , a m u n i c i p a l c o r p o r a t i o n , h e r e i n a f t e r r e f e r r e d t o a s C I T Y
a n d t h e T e m p l e C i t y U n i f i e d S c h o o l D i s t r i c t , L o s A n g e l e s C o u n t y , h e r e i n a f t e r r e f e r r e d t o
a s D I S T R I C T .
W I T N E S S E T H
W H E R E A S , i n o r d e r t o p r o m o t e a n d p r o v i d e f o r t h e h e a l t h a n d g e n e r a l w e l f a r e o f t h e
p e o p l e o f T e m p l e C i t y ; a n d ,
W H E R E A S , c o m m u n i t y r e c r e a t i o n a n d e d u c a t i o n a l p r o g r a m s e n c o u r a g e t h e
d e v e l o p m e n t o f g o o d c i t i z e n s h i p a n d e n h a n c e t h e q u a l i t y o f l i f e f o r T e m p l e C i t y r e s i d e n t s ;
a n d ,
W H E R E A S , t h e C I T Y a n d D I S T R I C T h a v e a v a i l a b l e f a c i l i t i e s l o c a t e d t h r o u g h o u t t h e
c o m m u n i t y a p p r o p r i a t e f o r u s e f o r r e c r e a t i o n a l a n d e d u c a t i o n a l s e r v i c e s ; a n d ,
W H E R E A S , c o o p e r a t i v e e f f o r t s a m o n g p u b l i c a g e n c i e s i m p r o v e s t h e e f f i c i e n c y i n s e r v i c e
d e l i v e r y ; a n d ,
W H E R E A S , t h e C I T Y h a s d e v e l o p e d , o v e r m a n y y e a r s , l o n g s t a n d i n g r e c r e a t i o n
p r o g r a m s t h a t h a v e u t i l i z e d D I S T R I C T f a c i l i t i e s w h i c h p r o v i d e a b e n e f i t t o t h e e n t i r e
c o m m u n i t y ; a n d
W H E R E A S , d u e t o b u d g e t a r y c o n s t r a i n t s a n d i n a n e f f o r t t o a d d r e s s a p e r c e i v e d
i n e q u a l i t y i n t h e i n t e n s i t y o f u s e a s b e t w e e n C I T Y u s e o f D I S T R I C T f a c i l i t i e s a n d
D I S T R I C T u s e o f C I T Y f a c i l i t i e s , t h e C I T Y h a s a g r e e d t o a s s u m e s o m e o f t h e c o s t o f i t s
u s e o f D I S T R I C T f a c i l i t i e s ;
N O W , T H E R E F O R E , t h e C I T Y a n d t h e D I S T R I C T d o h e r e b y a g r e e a s f o l l o w s :
S e c t i o n I
S C O P E O F S E R V I C E S
C I T Y a n d D I S T R I C T f a c i l i t i e s , a s m u t u a l l y a g r e e d u p o n b y C I T Y a n d D I S T R I C T , w i l l b e
a v a i l a b l e t o t h e C I T Y ' s a n d t o t h e D I S T R I C T ' S p r o g r a m s t h a t s e r v e t h e c o m m u n i t y . T h e
p r o p o s e d u s e s i n c l u d e , b u t a r e n o t l i m i t e d t o , C I T Y ' s r e c r e a t i o n p r o g r a m s c o n d u c t e d a t
v a r i o u s s c h o o l s i t e s .
T h i s A g r e e m e n t d o e s n o t a f f e c t a n y p r i o r o r s u b s e q u e n t a g r e e m e n t s e n t e r e d i n t o
b e t w e e n C I T Y a n d D I S T R I C T w i t h r e s p e c t t o t h e p a r t i c u l a r u s e o f o n e o r m o r e f a c i l i t i e s
f o r a s p e c i f i e d p u r p o s e .
AGREEMENT FOR USE OF FACILITIES WITH
TEMPLE CITY UNIFIED SCHOOL DISTRICT
PAGE
Section II
RESPONSIBILITIES OF CITY
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, officers,
officials, and agents, 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, officers, officials and agents. 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. 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. CITY shall
comply with all DISTRICT rules and policies, enacted now or in the future,
regarding the use of DISTRICT facilities.
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 pay to DISTRICT the sum of $25,000 for Fiscal Year {FY7 2011-12 to
assist with the variable costs associated with the CITY use of said facilities.
Payment shall be increased by 3% for years 2-5 of the Agreement. Payments
are to be made quarterly, in equal installments.
Section 111
RESPONSIBILITIES OF DISTRICT
DISTRICT shall at all times be responsible far the planning and operation of
DISTRICT'S programs, as well as for the acts of its employees, officers, officials,
and agents, 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, officers, officials and agents. 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.
AGREEMENT FOR USE OF FACILITIES WITH
TEMPLE CITY UNIFIED SCHOOL DISTRICT
PAGE 3
2. 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.
3. 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.
DISTRICT shall comply with all CITY rules and policies, enacted now or in the
future, regarding the use of CITY facilities.
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
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
to 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. The
CITY shall provide its facilities, in the great majority of cases, at no cost to the
DISTRICT. CITY shall pay DISTRICT the sum of $25,000 for use of DISTRICT
AGREEMENT FOR USE OF FACILITIES WITH
TEMPLE CITY UNIFIED SCHOOL DISTRICT
PAGE 4
facilities for community recreation programs for FY 2011-2012. This amount will
increase by 3% for years 2-5 of the Agreement. In addition to the CITY'S
obligation under the foregoing, in those cases where unusual costs are anticipated
by one party's use of the other's facilities, 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
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
AGREEMENT FOR USE OF FACILITIES WITH
TEMPLE CITY UNIFIED SCHOOL DISTRICT
PAGE 5
employee for the injuryor 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 State 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, 2011 and shall
thereafter continue to and including the 30�h 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.
AGREEMENT FOR USE OF FACILITIES WITH
TEMPLE CITY UNIFIED SCHOOL DISTRICT
PAGE 6
Section X
ENTIRE 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: City of Temple City
Attention: City Manager
9701 Las Tunas Drive
Temple City, CA 91780
DISTRICT: Temple City Unified School District
Attention: Chief Business Official
9700 Las Tunas Drive
Temple City, CA 91780
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on this day of September 2011.
CITY OF TEMPLE CITY
By:
City Manager
City of Temple City
Attest: T�
City Clerk
TEMPLE CITY UNIFIED
SCHOOL DISTRICT
Chief Business Official
Temple City Unified School District