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HomeMy WebLinkAbout06-17-2013 c7 renewal of joint use agreement with slcusdcounctI âqenòa nepopt Meeting Date 06-1',7 -13 Iteh Number C7 FROM: Prepared By: CITY OF SAN LUIS OBISPO Shelly Stanwyck, Parks and Recreation Director Ashley Villarreal, Administrative Analyst SUBJECT: JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT. RECOMMENDATION As recommended by the Parks and Recreation Commission, authorize the Mayor to execute a joint use agreement between the City of San Luis Obispo and San Luis Coastal Unified School District to continue the existing partnerships between the two entities. DISCUSSION Background Since 1952, the City and San Luis Coastal Unified School District (SLCUSD) have shared the use of various facilities and the Parks and Recreation Department has provided various services to SLCUSD via a series of joint use agreements. In December 2002 fhe various agreements were consolidated into one "master" joint use agreement. The term of that agreement was five years. From 2002 to 2008 the agreement was modified to reflect the scheduling of facilities, additional programing, changes in costs, an agreement regarding City Ranger services, and land tenure at Sinsheimer Park. Due to the changes made to the agreement it was determined that anew agreement would be appropriate which was subsequently approved by Council on February 19, 2008. Proposed Renewal of the Joint Use Agreement for Five Years with Minor ModifTcations The 2008 joint use agreement was for a term of five years with a one year option to extend. A few modifications to that agreement have been made that are highlighted below. In general the terms continue to reflect the longstanding partnership between the City and SLCUSD. This partnership is mutually beneficial and allows both parties to provide excellent recreational opportunities to local youth. Local youth benefit from this agreement as it enables the use of SLCUSD facilities for turf sports (soccer, baseball and softball), as well as for basketball and futsal leagues. the joint use agreement also allows for the city's ongoing operation of parkland improvements on SLCUSD property specifically Sinsheimer Park (including Sinsheimer Stadium, Stockton Field, Tennis Courts and Disk Golf) and the SLO Swim Center. Through the agreement, the City Parks and Recreation Department is also heavily involved in youth enrichment activities for the school district; providing before and after-school child care at five local elementary schools and after-school programming and sports leagues at Laguna Middle School. Also as part of the agreement, the Parks and Recreation Department Ranger Service c7-1 Joint Use Agreement between City of San Luis Obispo and SLCUSD Page 2 provides patrol of the SLCUSD athletic fields to ensure that, as intended, youth are the primary users of said facilities. In consideration of this longstanding partnership to benefit the local community, it is recommended that a joint use agreement continue with SLCUSD with the following minor modifications (Attachment l, Proposed Joint Use Agreement): 1. The designation of a room at Laguna Middle School for after-school programming by Parks and Recreation Staff. 2. A change in the timing regarding discussions about the Agreement to January to better plan for the shared use offacilities. 3. The elimination of Silvera Field from facilities used (it has not been used and is not expected to be). 4. Clarification of how the agencies will collaborate on facility reservations and notification time periods. 5. Clarihcation of maintenance of school sites so that the City can continue to achieve the level of cleanliness required by State license. CONCURRENCES The Parks and Recreation Commission met on June 5, 2013 and discussed the proposed Agreement. The commissioners have recommended to Council adoption as presented (Attachment2, PRC Draft Minutes). The School District is expected to consider the agreement at its June 25,2013 meeting. FISCAL IMPACT The agreement is structured such that the City pays SLCUSD an annual fee, proposed to be $110,000 in2013-14 for use of district facilities over the course of the year. This fee for use of district facilities is offset by services provided by the Parks and Recreation Department to SLCUSD, including operation of Laguna Middle School after-school programming (SLO Teens), Laguna Middle School sports leagues (Intermural Basketball, Cross Country, Volleyball, Golf, and Track and Field), and Ranger Service patrol. Sufficient funds have been included in the 2013-15 Financial Plan for the Parks and Recreation Department to account for this annual fee less the previously mentioned credits. ALTERNATIVES 1. Amend the Proposed Agreement. Council members may direct staff with changes and suggestions to the proposed agreement. At this time, the agreement, as drafted, has been negotiated by staff and reviewed and approved by the Parks and Recreation Commission and SLCUSD. If any changes are desired by the Council, staff will work with the SLCUSD to obtain Board approval before the agreement is finalized. 2. Not Approve the Proposed Agreement. Council may elect to not enter into this Agreement. Staff does not recommend this alternative as the Agreement facilitates a c7-2 Joint Use Agreement between City of San Luis Obispo and SLCUSD Page 3 ir partnership between the City and SLCUSD which results in highly popular and successful youth activities. ATTACHMENTS l. Proposed Joint Use Agreement 2. Parks and Recreation Commission Draft Minutes of the June 5,2013 Meeting c7-3 Joint Use Agreement Between the City of San Luis Obispo and the San Luis Coastal UnifTed 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 2013, 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 the 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 parlies as the agency to administer the program and exercise such powers as may be therein specihed. 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.I The District has previously made property available to the City on which recreational facilities have been developed (frequently referred to by the community as Sinsheimer Park, Stadium, Tennis Courts and the SLO Swim Center). A number of agreements have previously governed the use and maintenance of this and other properties. 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 (Bishop Peak, CL Smith, Hawthome, Pacheco, and Sinsheimer) and Laguna Middle School as being as being available for before and after school programming. c7-4 Joint Use Agreement Page 2 of 8 2.5 The City is committed to providing quality, affordable, and available childcare to City residents. 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 par"ties 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 cumently 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 propefiies, District shall so notiff 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 c7-5 Joint Use Agreement Page 3 of8 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. 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 January I and January 3lst 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 120 (120) 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 then current replacement values. IV. Joint Use Facilities Identified on the map listed as Exhibit A to this Agreement The following facilities described below and on Exhibit A to this Agreement shall be subject to the terms of this Agreement: 4.1 Athletic Fields: Bishop's Peak/Teach, Hawthome, Los Ranchos, Pacheco, Sinsheimer and C.L. Smith elementary schools, Taylor Field, and Laguna Middle School,. 4.2 Elementary school multipurpose rooms-gymnasiums: Bishop Peak, Hawthorne, Los Ranchos , Sinsheimer, C.L. Smith and Pacheco elementary schools. 4.3 Sinsheimer Park: Baseball Stadium, Stockton Field, SLO swim center, Maino batting cages and tennis courts and all other park amenities including but not limited to a sand volleyball court, playground equipment, turf, trees, Frisbee golf, and pathways. 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 and Laguna Middle School. 4.6 Throop Park. c7-6 Joint Use Agreement Page 4 of 8 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 l2-month period beginning on July 1. Requests received after June 1 will be accepted on a space-available basis. Each agency will collaborate throughout the year on the availability of facilities and "release" of reserved facilities if they shall no longer be needed on an hourly basis by either party. 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. SLCUSD when possible will provide the City with 3-day notice for changes or cancellations to previously reserved facilities. 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, specihcally 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 staffrng 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. V/hen 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. The District agrees to provide carpet cleaning (shampooing/extrusion cleaning) three times a year (spring, winter, and summer recesses) at each school site so that the City can maintain appropriate standards of cleanliness necessary to meet State licensing standards. The City shall reimburse the district for these costs. 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. c7-7 Joint Use Agreement Page 5 of 8 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.I4 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. 5.15 Prior to May 1 of each year, the City Aquatics Coordinator 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 Aquatics Coordinator will make the final decision on the swim schedule. VI. Program Agreements 6.I 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. The City and the District have agreed to work jointly with the YSA on the c7-8 Joint Use Agreement Page 6 of 8 allocation of use of facilities under the terms of this Agreement. The City will continue to serve as the primary liaison and support to the YSA. 6.6. Parks and Recreation operates several after-school programs at Laguna Middle School at no charge or very low cost recovery 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. The District will credit the City $15,000 plus CPI for each year to cover a portion of the costs associated with managing this program which includes staff managernent and oversight, coaching, and equipment: . SLO Teens A daily after-school enrichment program o Intramural Basketball (fall) . Boys Volleyball (spring) . Cross Country Track (fall) . Golf (spring) o Girls Volleyball (fall) . Track and Field (spring) VII. Liability and Indemnification 7.I 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 indemnifu 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, offrcers 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: o Hawthorne Elernentary . Los Ranchos Elementary School o Pacheco Elementary School c7-9 Joint Use Agreement Page 7 of 8 . Sinsheimer Elernentary 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. 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 atthat 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 $110,000 in2013-14 for all City's use of District facilities in that year. Thereafter, the fee will be reviewed on an annual basis to c7-10 Joint Use Agreement Page 8 of8 determine level of usage. Should usage level vary significantly (+l-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 marìner described in section 9.1 of this Agreement, and $.565 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. 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 V/ITNESS 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, Maeve Kennedy Grimes Mayor, Jan Marx APPROVED AS TO FORM SAN LUIS COASTAL LINIFIED SCHOOL DISTRICT By: City Attorney, Christine Dietrick Assistant Superintendent, Business Services, Russell Miller c7 -11 EXHIBIT A rlÉ +N I E Joint Use Facllities PeåldTeåc.h Scfiool Jolnt Use eltee tennls llmÉe rF çfþ Efementary Scfrools wrth ¡olnÞuse multr-purpose rooms c7-12 DRAFT Parks and Recreation Commission Minutes - June 5,2013 Page2 of 6 3. Review and Approve Joint Use Agreement with School District - Stanwyck Director Stanwyck gave information to Commissioners on the history of the Joint Use Agreement between the Cþ and School District which originated in 1952 and reflects the mutually beneficial partnership between the agencies for communþ recreation. The School District has made property available to the City for recreational facilities reflected in this Joint Use Agreement. The City has a need for sports fields, playgrounds, gymnasiums and classrooms (the District designates one room at each of the five elementary schools and the middle school for before and after school programs). The District in tum has a need for a baseball stadium, teruris courts and a swim center which are met using City facilities. The term of the agreement is five years and it is need of renewal at this time. Commissioners discussed current status of agreement and the meaning of several sections. Related but separate from this proposed Agreement, the Commissioners expressed a desire for staff to coordinate a meeting with the Youth Sports Association and School District to address concems regarding the burden of payments being placed on user groups for non-recreational, but youth based programming. MOTION: (Regier/Kincaid) Recommend Council approval of the Joint Use Agreement with the San Luis Coastal Unif,red School District for the Joint Use of Facilities and the Provision of Programs. Approved: 6 yes: 0 no: 1 absent (Updegrove) 1-2 c7-13 Page intentional ly left blank. c7-14