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HomeMy WebLinkAbout02/19/2008, C2 - 2008 JOINT USE AGREEMENT BETWEEN THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN Lcounat Ma.En'D. 19 -09 agjenaa Report �H�Gz CITY OF SAN LUIS OBISPO FROM: Betsy Kiser, Parks and Recreation Director ok SUBJECT: 2008 JOINT USE AGREEMENT BETWEEN THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT AND THE CITY OF SAN LUIS OBISPO FOR USE OF FACILITIES AND PROVISION OF PROGRAMS CAO RECOMMENDATION As recommended by the Joint Use Committee and the Parks and Recreation Commission: 1. Adopt a resolution approving the Joint Use Agreement between the San Luis Coastal Unified School District and the City of San Luis Obispo for joint use of facilities and provision of programs. 2. Authorize the Mayor to sign the Agreement. DISCUSSION Background Since 1952 the SLCUSD and the City of San Luis Obispo have shared the use of facilities through Joint Use Agreements. In December 2002, the City consolidated the various agreements that governed the operation of these facilities into one master document. The term of the agreement was for five years with an option to extend for an additional year on an annual basis. During the past five years, the agreement has been modified twice to reflect areas associated with scheduling of facilities, additional programming agreements, use of an electronic key system, the annual use fee for the City, Park Ranger services, and land tenure on Sinsheimer Park. Although the 2002 agreement can be extended indefinitely, it was determined by both agencies that a new agreement consolidating the two addendums and addressing minor modifications would be in the best interest of the parties. Proposed Modifications The proposed new agreement reflects very few changes from the 2002 agreement. Modifications include the following: 1. Addendums #1 and #2 have been incorporated into the master document. 2. The term of the agreement is for five (5) years, with an option to extend for one additional year. The option for a rolling extension has been eliminated. 3. Maino Batting Cages have been added to the joint use facilities. 4. The new agreement combines sections 6.5 and 6.7 of Addendum #1 to reflect the $30,000 that is provided to SLCUSD each year by the Youth Sports Association and the City of San Luis Obispo for field repairs in return for field use fees. 5. Fees have been adjusted to reflect 2007 -08 rates. ez -/ 2008 Joint Use Agreement Page 2 CONCURRENCES The Joint Use Committee endorsed the agreement at its January 22 meeting (see Attachment 1); the SLCUSD Board of Directors approved the agreement at its February 5 meeting (see Attachment 2); and the Parks and Recreation Commission endorsed the agreement at its February 6 meeting (see Attachment 3). FISCAL IMPACT No new fiscal impacts are associated with the approval of the Joint Use Agreement. All costs associated with implementation of the Agreement have been allocated in the existing Parks and Recreation Department budget. ATTACHMENTS 1. Joint Use Committee minutes from January 22, 2008 2. Letter of SLCUSD Board of Directors action on February 5, 2008 3. Parks and Recreation Commission minutes from February 6, 2008 4. Resolution and Agreement G:WDMIN\Council Agenda ReportsVoint Use Agreement\2008 Joint Use Agreement 22..19.08.doe A �— ATTACi@AERT- Advisory Committee on Joint Use of Recreational Property DRAFT M NUTES Ludwick Community Center, Assembly Room 864 Santa Rosa Street Tuesday, January 22, 2008 12 :00 p.m. CALL TO ORDER: Vice Chair Conner called the meeting to order at 12:00 p.m. ROLL CALL: Vice Chair Terry Conner; Committee M nbers Rick May, Colin Jones and Michael Parolini / ABSENT: Chair Nancy CochrZLisa eal STAFF: City of San Luis O iser, Director, James Bremer, Recreation Supervislds, Supervising Admin Asst., and Arnie Silacci, S g & Grounds Supervisor Vice Chair Conner called the meetingA order at 12:00 p.m. 1. Public Comment None. 2. Consideration oFNIinutes MOTION: (P lini/Conner) Approve the November 27, 2007 minutes as corrected (page 2 paragraph r). Appro d 4 yes: 0 no: 2 absent (Cochran/Monreal) 3. Joint Use Agreement between the San Luis Coastal Unified School District and the City of San Luis Obispo Director Kiser gave the Committee Members background information on the agreement. Some modifications have been made and addendums have been incorporated into the master agreement. Director Kiser explained that City and School District staff meet annually to discuss changes in the agreement and then every five years to review, this being year one of the new 5 -year agreement. Recommendations will go to the School District February 5`h, the PRC on February 6`h and Council later in February. Vice Chair Conner questioned the possible addition of Holt Field and discussion last month as potential inclusion in the Joint Use agreement. Director Kiser clarified with Building and Grounds Supervisor Silacci that the School District does not offer the facility for use in its current condition, and doing so would take more negotiation that would hold up the agreement. Vice Chair Conner requested the interest in Holt Field be included in part of the minutes. G :\EveryoneVUCbtinuteA20OW1.22.08 JUC MUwtcs.DOC C'2 —.g ATTACHMENT- Advisory Committee on Joiat Use of Recreational Property - page 2 January 22, 2008 Minutes MOTION. (May/Parolini) Endorse the Joint Use Agreement between the San Luis Coastal Unified School District and the City of San Luis Obispo for joint use of facilities and provision of programs and forward a recommendation to the City Council for final approval. Approved 4 yes: 0 no: 2 absent (Cochran/Monreal) 4. Update on San Luis Obispo Baseball Stadium Recre ion Supervisor Bremer updated the Committee on the Stadium uses. A meeting was he with the SLO Rattlers and the SLO Blues in December to draft a seating and schedulin plan. Currently the Parks Maintenance Supervisor is reviewing this draft. Both teams a trying to bring the first All Star game of CSB to San Luis Obispo in July. Both teams a meeting on their own with positive results. Parks and Recreation is waiting for th abe Ruth schedule which has not yet been submitted. This may or may not affect Men' aseball (who has submitted a schedule). New to the agreements this year is set work ys -days that the teams will be off the fields to allow Parks Maintenance to co lete field tasks. The teams will try to be off the fields all day Mondays through 6 m Tuesdays. Negotiations for both contracts are hoped to be concluded by the end o January. Agreements will go to Council around March 4h for approval. 5. Staff Reports Recreation Supervisor James Bre r reported on the synthetic turf study. The study session for February 12`h was cancell . Staff is recommending a more in depth study of needs and uses, whether user's needs uld be met, and the best approach to the needs assessment. The Public Works and Parks d Recreation Departments are working on a project plan for improving the turf at the D n Garcia fields. The decision to go with synthetic turf will be put on hold until the ne s assessment is completed with all user groups. The subject of Holt Field and synthetic rf and thereby accommodating soccer use was discussed. The outcome of the study is to i orm Council of the absolute best use of funds to fulfill the unmet needs of the community. Committee Member Parolini asked about the priority to a parkland development funds on a field that has already been built but is underutilized, s has Damon Garcia. Bremer responded that Damon Garcia does not address "diamond -bas d" sports such as baseball and that even if all fields were opened up for use from Nove er through March there would still be the issue of lighting fields. Director Kiser indicated that although it may be mid - summer before the information is gathered together, the Damon Garcia Project Management Plan can s ' 1 come forward.. In the meantime, Staff would ask for general fund support (Capital Im rovement) and thereby utilize Parkland Development funds for other more appropriate use Vice Chair Conner discussed using Chevron funding for lighting on the corrie� of Tank Farm. City Biologist Neil Havlik is involved in the very preliminary stages of this. c-z- Y Betsy Kiser, Director Parks & Recreation City of San Luis Obispo 1341 Nipomo Street San Luis Obispo, CA 93401 Dear Betsy: San o&a C,oW& arACKm�rr � 1500 Lizzie Street San Luis Obispo, CA 93401 -3062 (805) 549 -1200 This letter is provided as notification that the San Luis Coastal Unified School District Board of Education, at its meeting on February 5, 2008, approved the Joint Use Agreement with the City of San Luis Obispo for the period 2008 -2013. Draft minutes of this meeting will be forwarded in approximately one week. Final minutes will be available following the Board's approval thereof, expected to be on February 19, 2008. Sincerely, eW g4v-aw KIM HOLMES Executive Assistant to the Superintendent Recording Secretary to the Board of Education mkh C 0 -� Parks and Recreation Commission — Minutes Attachment 3 February 6, 2008 Page 2 of 6 Obispo in 1992. She has two sons, Craig and Brian. Marilyn has been a freelance writer having pieces published in the Journal, PLUS magazine and The Tribune. Marilyn expressed the sentiment that dreams do come true and that when opportunity knocks you must take it which is what happened in 2007. She credited Chuck Crotser with putting on paper what she saw in her head and that they had a perfect collaboration. Marilyn's dream is for the book to be in shops all over the City of San Luis Obispo and that docent numbers grow and students and teachers use the information. 3. Joint Use Agreement Between the San Luis Coastal Unified School District and the City of San Luis Obispo Director Kiser explained that this was the end of the 5t' year of the original agreement and an opportune time to look at the agreement and identify any necessary changes. The agreement was brought before the Joint Use Committee on January 22, 2008. The Director pointed out the proposed modifications listed in the staff report which include 1) incorporating Addendums 1 and 2 into the master document, 2) the option for a rolling extension has been eliminated, 3) the Maino Batting Cages have been added to the joint use facilities, 4) section 6.5 and 6.7 of addendum 1 have been combined to reflect $30,000 provided to SLCUSD each year through the Youth Sports Association (YSA) and the City for field repairs in return for field use fees, and 5) fees have been adjusted to reflect 2007 -08 rates. The School Board reviewed and approved these'amendments on February 5, 2008. Staff is asking for the PRC's endorsement before taking to Council on February 19. Commissioner May clarified that the Joint Use Committee gives $20,000 to YSA not the school district. YSA then identifies projects, funds the projects, and completes them under the supervision of the school district. YSA decides on projects for the year at their annual meeting in January and will inform PRC on financial spending details in the fixture. Commissioner Wolf questioned any staff concerns which only include the electronic key system. Commissioner Dollar asked about payment from SLCUSD for patrol services of park rangers under Section X of the agreement. He asked if the payments went toward hiring additional rangers to keep up with the additional tasks. Director Kiser clarified that there is no direct exchange of funds for the ranger services, rather the facilities bill from the school district is reduced accordingly. However, the ranger workload is manageable with current staff as the sites involved are all enroute to parks included in regular patrol. MOTION: (WolUKincaid) Endorse the Joint Use Agreement between the San Luis Coastal Unified School District ( SLCUSD) and the City of San Luis Obispo for joint use of facilities and provision of programs and forward a recommendation to the City Council for final approval. Approved: 6 yes: 0 no: 0 absent 1 -2 G,2 -6 ATTACHMENT 4 RESOLUTION NO. (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR JOINT USE OF FACILITIES AND THE PROVISION OF PROGRAMS WHEREAS, the City of San Luis Obispo and San Luis Coastal Unified School District have unmet facilities needs; and WHEREAS, each agency has facilities that the other agency needs to provide comprehensive services and programs; and WHEREAS, there is a history of joint use of facilities and cooperation between the agencies dating back to 1952; and WHEREAS, the City has developed recreation facilities on district land; and WHEREAS, this agreement provides activities to the public served by both agencies; and WHEREAS, this agreement allows the City to provide certain recreation services in a cost effective manner. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it approves, and authorizes the Mayor on behalf of the City of San Luis Obispo, to enter into the Joint Use Agreement for the Joint Use of Facilities and Provision of Programs, attached to the Resolution as Exhibit A. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 11: R eo-'2-/ TACouncil Agenda ReponAParkr & Recreation C4Memiutinn for 2008 JU Agreement.doe Resolution No. (2008 Series) Page.2 Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jon han P. well, City Attorney ATTACHMENT____ c2 -e ATTACHMENT_ Joint Use Agreement Between the City of San Luis Obispo and the San Luis Coastal Unified School District for the Joint Use of Facilities and the Provision of Programs This Joint Use Agreement herein referred to as "Agreement" is made this day of 2008, between the City of San Luis Obispo (City) and the San Luis Coastal Unified School District (District). This Agreement supercedes any existing agreements between the City and the District pertaining to joint use of facilities. I. Authority 1.1 The City and District are authorized under the authority of California Government Code Section 6500 et seq., to provide any services jointly for which each may be individually responsible. Under such authority, the parties to the Agreement may designate any one of the parties as the agency to administer the program and exercise such powers as may be therein specified. 1.2 The District and City are authorized under California Education Code Section 10900, et seq., to promote and preserve the health and general welfare of the people of the State of California by providing adequate programs for community recreation. The District and City are further authorized to organize, promote, and conduct programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of the State. II. Purpose 2.1 The District has previously made property available to the City on which recreational facilities have been developed. A number of agreements have previously governed these transactions. It is in the best interest of the agencies to consolidate these agreements into a single Joint Use Agreement. 2.2 The City has a continuing need for additional recreational facilities, specifically sports fields, playgrounds, gymnasiums, classrooms, and multipurpose rooms, which can be partially met using District facilities when not being used for District purposes. 2.3 The District has a continuing need for athletic facilities, specifically a baseball stadium, tennis courts, and a swim center, not available on District school sites, which can be met using City facilities when not being used for City purposes. 2.4 By policy of the Board of Education, the District has designated one room at each elementary school as being available for childcare services. 2.5 The City is committed to providing quality, affordable, and available childcare to City residents. GZ -9 Joint Use Agreement CACHMENT�_ Page 2 of 8 III. Length of the Agreement and Provisions to Amend 3.1 This Agreement shall remain in effect for a period of five (5) years, except that the tenure and method of termination of the agreement with respect to those facilities specified in section 3.1.1 below shall be as specifically set forth in that section. 3.1.1 In consideration of the fact that certain lease term requirements are associated with an application for a state or federal grant that may be requested for development of Sinsheimer Park, both parties hereto agree to keep in operation for a period of twenty -five (25) years from the date of acceptance of the Grant Project any recreational facility within Sinsheimer Park on which state or federal grant or bond monies were expended. Those Grant Project facilities currently intended to be subject to the provisions of this section are as follows: 1. Addition of a Children's/Therapy Pool located at the Sinsheimer Swim center facility located at 900 Southwood Avenue, funded through a State Department of Parks and Recreation Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. This Agreement may be terminated only by mutual agreement of the parties. In the event that the District initiates action mutually to terminate this agreement and District elects to retain any City constructed improvements, District shall reimburse City for sums, if any, required by the terms of any grant to be repaid to the State or other grantor. Further, the District shall reimburse City for improvements placed on said site by City in an amount equal to the fair market value of said improvements as of the date this cancellation is to be effective, and title thereto shall vest in District without the necessity of a formal documentation of transfer effective on said date. In the event the parties cannot agree upon the fair market value of the improvements such market value will be determined by an independent real estate appraiser appointed by and agreeable to District and City. The expenses of such appraisal shall be borne equally by both parties. In the event the parties shall not agree upon the appointment of said appraiser, the parties shall petition the Presiding Judge of the Superior Court for the State of California, County of San Luis Obispo, to appoint the appraiser. In the event the City initiates action to mutually terminate this agreement, all improvements and personal property placed on said site shall vest in District without further obligation of payment or reimbursement to City or any grantor and without the necessity of formal documentation of transfer, effective on the date of termination. Should District not desire such improvements and properties, District shall so notify City in writing and thereupon City shall remove said improvements and properties within a reasonable period of time, as mutually agreed but not to exceed 18 months, return the sites to their original condition insofar as possible. In the event of such City initiated mutual termination, or any mutual termination under which the District does not elect to retain any City constructed improvements, City shall be responsible for repayment of sums, if any, required by the terms of any grant to be repaid to the State or other grantor. c02- _/ 6 Joint Use Agreement Page 3 of 8 ATTACHMENT_____ 3.2 This Agreement may be extended annually for an additional year by mutual agreement of both parties to the Agreement. 3.3. This Agreement may be amended annually by mutual agreement of both parties to the Agreement. 3.4. Representatives from both agencies agree to meet between May 1 and May 31 annually, to discuss the state of the Agreement. City staff shall be responsible for facilitating that meeting. 3.5. Either party may terminate this Agreement at any time upon giving the other party thirty (30) days written notice by certified mail. In the event that the District wishes to cancel this Agreement to reacquire the Throop Park and Sinsheimer Park sites, the District agrees to compensate the City for the cost of the site improvements, based upon their current replacement values. IV. Joint Use Facilities Identified on the map listed as Exhibit A to this Agreement 4.1 Athletic Fields: Bishop's Peak/Teach, Hawthorne, Los Ranchos, Pacheco, Sinsheimer and C.L. Smith elementary schools, Taylor Field,.Laguna Middle School, and Silvera Field. 4.2 Elementary school multipurpose rooms - gymnasiums: Hawthorne, Los Ranchos, Sinsheimer, C.L. Smith and Pacheco elementary schools. 4.3 Sinsheimer Park: Baseball Stadium, Stockton Field, swim center, Maino batting cages and tennis courts. 4.4 Gymnasiums: Laguna Middle School gym and annex, San Luis Obispo High School small gymnasium, and Taylor Gymnasium. 4.5 Childcare rooms: Bishop's Peak/Teach, Hawthorne, Pacheco, Sinsheimer, C.L. Smith elementary schools. 4.6 Throop Park. V. Manner of Operation of the Agreement 5.1 The City shall have second priority use of the District's Joint Use Facilities, after District programs. The District shall have second priority use of City Joint Use Facilities, after City programs. 5.2 Each agency shall submit to the other a schedule of facility needs by June 1 of each year, covering a 12 -month period beginning the following July 1. Requests received after June 1 will be accepted on a space - available basis. doZ // Joint Use Agreement - Page 4 of 8 .A7ACHMENT___�1_. 5.3 Both agencies reserve the right to change the approved facility use schedule for their own program needs. The agencies agree to make a good faith effort to alter the schedule as little as possible and to promptly notify the other of changes. 5.4 The agencies agree to designate and make known a single point of contact individual to be responsible for facility scheduling. 5.5 The District shall use the athletic facilities in Sinsheimer Park, specifically the baseball stadium, tennis courts, swim center, and Throop Park, without a charge for maintenance, repair, or utilities. This is in consideration of the District making the land available on which these facilities are constructed. The District shall assume the cost and responsibility for staffing District activities in these facilities to the satisfaction of the City. 5.6 The City will pay the costs of utilities, maintenance, clean-up, and repair for the use of District facilities. When it is necessary for the District to provide staff to open, supervise, and close facilities, the City will pay those costs. Those costs can be avoided by the City in certain instances by providing staff to open, supervise, and close facilities to the satisfaction of the District. The District will determine when this action is appropriate. Any additional expense, such as keys, will be the responsibility of the City. 5.7 The costs of utilities, maintenance, and repair will be agreed upon annually by both parties. 5.8 The District or City may, upon advance request, grant approval of exchange use of mechanical equipment required for grounds maintenance. 5.9 Additional exchanges of services may be made in lieu of fees as a part of this Agreement, if they are mutually agreed to by the parties. 5.10 The City has supplied a portable athletic floor for use in Taylor Gym. It will remain in place as long as the District's use of the facility allows the City a reasonable amount of use of the facility. 5.11 The City will consult with the District before making any improvements to Sinsheimer Park or Throop Park. 5.12 The City will develop, maintain and repair Sinsheimer Park. 5.13 The City will develop, maintain and repair Throop Park. 5.14 In the event that it is mutually agreeable that the City offer programs previously offered by the District or generally offered by school districts, there shall not be a fee to the City for the use of facilities needed for the program. eof 1z l Joint Use Agreement - Page 5 of 8 - -A iiACHMENT__ 5.15 Prior to May 1 of each year, the City Aquatic Supervisor will convene a scheduling meeting for the next school year that will include representatives of the San Luis Obispo High School Aquatic Teams and the San Luis Obispo Sea Hawks Swim Club. The Aquatic Teams and Swim Club acknowledge that they are mutual benefit organizations, with the success of either dependent upon the success of both. As such, they agree to cooperate in establishing a swim schedule that focuses on best meeting the needs of the participants in the two programs. In the unlikely event of an impasse, the Aquatic Supervisor will make the final decision on the swim schedule. VI. Program Agreements 6.1 The City is designated to be a provider of childcare services at all elementary school campuses of the District within City limits. 6.2 The City agrees to operate quality affordable childcare programs on each elementary school campus within the District where appropriate. 6.3 Students Taking Active Responsibility (STAR) is acknowledged as an intervention program mutually founded by the City and the District. The City agrees to operate the STAR program at all District elementary school campuses where it is deemed feasible. The District agrees to support the educational component of the program. STAR is considered a second priority program, to be allocated space after school needs have been met. 6.4 The City may offer other recreation programs on District sites, as a second priority user, and paying the appropriate use fees. This may include programs for preschoolers, adults, and senior citizens. 6.5. The District recognizes that the City of San Luis Obispo Youth Sports Association (YSA) includes many of the youth sports organizations within the City and provides opportunities for all youth of the area. Therefore, the District has agreed to accept $30,000 of approved in -lieu field projects annually in full settlement of that year's field use by any YSA member organization. In June of each year, YSA shall provide to the District an up -to -date list of all YSA member sports organizations. 6.6. Recreation operates several after - school programs at Laguna Middle School at no charge to the participant for the benefit of District students and the school's athletic program. The District agrees to waive the facility use fees for these programs: • Program X (daily after - school enrichment program) • Intramural Basketball (fall) • Boys Volleyball (spring) • Cross Country Track (fall) • Golf (spring) • Girls Volleyball (fall) • Track and Field (spring) CZ -/3 1 Joint Use Agreement Page 6 of 8 ATTACHMENT VII. Liability and Indemnification 7.1 The City agrees to defend, indemnify, protect and hold the District and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the City's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City, and its agents, officers or employees, arising out of this Joint Use Agreement; provided, however, that the City's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the District, its agents, officers or employees. 7.2 The District agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the District's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the District, and its agents, officers or employees, arising out of this Joint Use Agreement; provided, however, that the District's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 7.3 Each party to this Agreement shall make the other party an additional insured on its public liability and property damage insurance for the purpose of this Joint Use Agreement. VIII. Electronic Key System 8.1. Installation - At the request of City, District has installed an electronic key system for Recreation's access to the following six gymnasiums: • Hawthorne Elementary Los Ranchos Elementary School • Pacheco Elementary School • Sinsheimer Elementary School • C.L. Smith Elementary School • San Luis Obispo High School Taylor Gym 8.2. Keys - The District has issued Recreation one electronic key for each of the above gymnasiums to allow Recreation unassisted access to these District facilities to offer Recreation programs as outlined in the Agreement. To ensure the security of the facilities, no additional keys will be provided. 8.3. Lost Keys - In the event Recreation loses an electronic key, at the discretion of the District, the facility may be rekeyed at a cost to Recreation of $250 per site. The loss of keys by Recreation may result in revocation of electronic key privileges at that particular site. This charge is in addition to the annual use fee. C z // Joint Use Agreement AiTACHiNENT�_ Page 7 of 8 8.4. Facility Use Permit - It is agreed the electronic keys will only be used when Recreation has an approved Facility Use Permit to utilize the particular District facility. 8.5. City Coverage - For facilities equipped with the electronic key system, District will not provide personnel coverage for Recreation's activities at times when staff is not already scheduled to be at the facility. Recreation is required to and will provide continual staff coverage of all Recreation's events at these facilities to ensure safety for participants and prevent damage to District property. 8.6. Custodial Services - District will provide custodial staff to clean gymnasiums after use by Recreation at no additional cost when District personnel are scheduled to be at the facility. 8.7. Open/Secure Facility - Recreation will be billed a minimum of two hours custodial impact charges on any occasion District staff is required to open/secure a facility equipped with an electronic key system. If a gymnasium is found unsecured by District staff after scheduled use by Recreation, District may revoke the electronic key privileges at that particular site. This charge is in addition to the annual use fee. 8.8. Battery Replacement - Recreation is responsible to replace batteries in electronic keys as soon as key starts "beeping" indicating low battery power. Should a battery completely run down and require reprogramming by District, Recreation will be charged $50 per battery. This charge is in addition to the annual use fee. 8.9. Use by Others Prohibited - Recreation has responsibility for all electronic keys at all times and may not allow any other individual or agency to use the electronic keys issued to Recreation. Failure to comply with this stipulation may result in revocation of all electronic key privileges by District. IX. Annual Use Fee from City 9.1. District agrees to charge City an annual fee ($91,960 in 2007 -2008) for all City's use of District facilities in that year. Thereafter, the fee will be reviewed on an annual basis to determine level of usage. Should usage level vary significantly ( + / -10 %) from prior year, the annual fee will be renegotiated accordingly; otherwise, the fee will be adjusted annually in accordance with the Consumer Price Index (CPI -U all Urban Consumers Los Angeles- Riverside- Orange County 1982 -84 =100). District will invoice City at the beginning of each year; the City will make quarterly payments from that invoice. X. Park Ranger Service 10.1 City offers to District park ranger patrol services for school athletic fields within the San Luis Obispo City limits at a cost of $25.75 per hour to be adjusted annually in the manner described in section 9.1 of this Agreement, and $.505 cents per mile, to be adjusted quarterly. The level of service required by the District will be negotiated on an annual basis. City estimates cost at $400 ($320 staff, $80 mileage) per week when fields are closed and $200 ($160 staff, $40 mileage) per week when fields are available for use. Joint Use Agreement - .ATTACHMENT L4 Page 8 of 8 XI. Authority 11.1. AUTHORITY TO EXECUTE AGREEMENT. Both City and District do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO A Municipal Corporation By: City Clerk, Audrey Hooper Mayor,. David F. Romero APPROVED AS TO FORM: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT By: City, ey, Jonathan P. Lowell Assistant Superintendent, Business Services, Russell Miller e Z -/Za �� �� EXHIBtT ATTACHMENT__ EXHIBIT A N Joint Use Facilities Bishop's PeWdTeaeh E Elementary School 1 Pacheca Elementary S Joint Use sites child care field gym park pool ®school tennis courts Los Ranchos Elam °:"City limits Elementary Schools with point -use multi- purpose rooms e,2 /7