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HomeMy WebLinkAboutReso 128-2023 (23-573)JOINT USE AGREEMENT (South San Francisco Unified School District and City of South San Francisco) THIS AGREEMENT (“Joint Use Agreement”) is made on __________, 2023, by and between the SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT, a California public school district organized and existing under the laws of the State of California, (“District”), and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation,(“City”).District and City are sometimes individually referred to as a “Party” and collectively as “Parties”. WITNESSETH WHEREAS, District and City have a mutual interest in the provision of adequate and attractive public facilities for education and recreation for the residents of South San Francisco and its environs; and WHEREAS, both District and City have certain physical facilities, including pools, parks, gymnasiums, indoor meeting rooms, classrooms, multi-use rooms, play areas, tennis courts and athletic fields which may be beneficially used by the other in a comprehensive program of serving the community; and WHEREAS, District and City have in the past, executed an agreement for the mutual benefit and use of facilities and services; and WHEREAS, Sections 10900 et seq.of the Education Code (“Community Recreation Act”) authorizes cities and school districts to maintain and operate joint use facilities such as gymnasium and outdoor playing fields in order to reduce capital and operational cost to both governmental jurisdictions and provide recreational areas for the community as a whole; and WHEREAS, Section 10910 of the Education Code provides that the governing body of any school district may use or grant the use of grounds of the school district to any other public authority for the purposes of joint use, wherever such use does not interfere with school uses; and WHEREAS, it is to the mutual benefit of City and District to contribute jointly to the establishment, operation and maintenance of recreational facilities which can serve the needs of both the general public and District; NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth, District and City agree as follows: 1. Facilities Included in this Agreement A. Unless otherwise specified, this Agreement shall govern the City’s use of the District facilities listed under Exhibit #1, attached hereto and incorporated herein. B. Unless otherwise specified, this Agreement shall govern the District’s use of the City facilities listed under Exhibit #2, attached hereto and incorporated herein. C. Each party shall have access to the properties and facilities listed under Exhibit #1 and #2 (collectively, “Joint Use Property”)according to the terms and conditions of this Joint Use Agreement. D. Facilities not covered by this Agreement: 1. District-owned facilities not specifically listed in Exhibit #1 to this Agreement may be scheduled for use under a separate agreement pursuant to District Board policy. Provisions of this Agreement do not extend to those facilities. 2. City-owned facilities, not specifically covered by this Agreement, are subject to use pursuant to the applicable provisions of the City Municipal Code, and/or policy. Provisions of this Agreement do not extend to those facilities. 2.Terms of Agreement A. This Joint Use Agreement shall become effective upon the first day after approval by the governing bodies of both Parties have been secured and the Agreement has been executed by both Parties ("Effective Date"). B. The term of this Agreement shall be for a period of ten (10) fiscal years, ending June 30, 2033, with annual reviews of the terms by the staff from the District and City. Annual reviews shall be conducted annually in July/August, unless otherwise mutually agreed to by staff, as set forth in Paragraph 8. C. All fees, charges, or other specifics requiring periodic review and/or modification, are to be considered within the timeframes described herein. D. District and City may commence renegotiation of the Agreement by giving the other party one (1) year written notice. Should the renegotiation effort fail, the Agreement shall be terminated effective upon expiration of the 1 year’s notice period, unless the term is otherwise modified or extended by mutual agreement of the Parties in writing. E. This Agreement may be terminated at any time by either Party, by giving to the other Party one (1) year written notice, or by mutual consent in writing. 3. Maintenance and Repairs A. District shall maintain, at its sole costs and expense, all equipment and improvements in District Facilities, other than those specified under 3(D) below and in the Memorandum of Understanding Between the District and City dated ___________pertaining to childcare facilities (“Child Care MOU”). B. City shall maintain, at its sole costs and expense, all equipment and improvements in City Facilities. C. Each Party agrees to exercise reasonable care in the use of the other Party’s facilities and agrees to repair any damage arising out of its use of the facility, except for damage arising from ordinary wear and tear. D. Routine Maintenance and repairs, as used in this Agreement, includes all routine maintenance and custodial services required to keep and maintain the facilities in the Joint Use Agreement in good, clean, orderly condition, and shall be allocated between the Parties. Athletic Fields The City shall provide year-round Field Maintenance as well as Facility Maintenance limited to periods of permitted City use for the following District Facilities: 1. Buri Buri Elementary School x Baseball field, including areas inside the track and the portolet 2. Hillside Elementary School (Terrabay) (The Parties acknowledge that the City provided all capital improvements, including but not limited to grading, irrigation, turf, adding bathrooms, light poles and scoreboards, at the athletic fields and will repair/replace if needed, as determined by the City.) x Baseball and soccer fields x Parking lot past cattle gate x Bathroom/storage building x Bleachers x Area inside field fencing and field lighting 3. Martin Elementary School (Paradise) x Baseball field, including portolet x Area inside field fencing x The Parties acknowledge that use of access road between Paradise Park and the ballfield to the northwest shall be governed by separate agreement between the Parties dated February 5, 1985. 4. Ponderosa Elementary School x Baseball field x Bleachers area x Weed abatement from the field to the perimeter of the fence 5. Alta Loma Middle School x Baseball and soccer fields x Lawn inside (and including) track x Bleachers 6. Baden High School/Adult Education (Southwood) x Southwood - North Baseball field x Callero –South Baseball field x Baseball field lawn inside path x Bleacher area x Soccer field (mowing only) x Weed abatement from the field to the perimeter of the fence The District shall provide ongoing Ballfield Maintenance for the following District Facilities: 1. Foxridge Elementary Site x Baseball diamond 2. Sunshine Gardens Elementary School x Softball diamond upper and lower field(s) 3. Westborough Middle School x Soccer field and track 4. South San Francisco High School x Football Field x Baseball Field x Softball Field x Track 5. Parkway Height Middle School x Soccer Field x Baseball Field General field maintenance for City includes the following listed items. District shall be responsible for any and all maintenance tasks not specifically listed below. 1. Lawn care x Mowing x Fertilizing, edging, broadleafing, aerating x Irrigation (clock, valves, heads, and laterals only) 2. Quick couplers in infield and lawn 3. Infield x Surfacing x Turf x Layout x Bases, pitcher’s mound and home plate 4. Backstop x Repairs x Paint 5. Dugouts x Bench repairs x Cans with fines 6. Ballfield fences x Repair 7. Bleachers x Repairs, cleanup, paint 8. Trash Removal x Receptacles and loose debris 9. Tree limb pruning relative to field safety only 10. Gopher abatement All athletic fields (both City and District) are subject to closure when the fields are wet to the extent that team use could result in significant damage. 1. Field closure due to inclement weather is to be determined by the City’s designated representative for City fields, and the District’s designated representative for District fields. In the event that an extraordinary circumstance necessitates the closure of a City or District field, complex, or indoor facility, the using agency’s representative shall be notified as soon as possible. It is that representative’s responsibility to notify all other affected parties. 1. Whenever possible, disrupted events shall be relocated to other facilities in- lieu of cancellation. 2. Every attempt shall be made to accommodate a rescheduling of cancelled activities. Swimming Pool District pools listed in Exhibit 1 are available for City use during the summer months when school is out, and the pools are not being used by the school or District. The City shall reimburse the District for its pro-rata share of the out-of-pocket costs for custodial staff and supplies, as well as chemicals and utilities arising out of its use of the swimming pool(s). The District will invoice the City at the end of the summer session for reimbursement of these costs. The City shall provide lifeguards and other supervisory staff as required to ensure the safety of users and to enforce any pool rules during the City’s use of District pools. To ensure the safety of users during a pandemic or other emergencies, the Assistant Superintendent of Business Services will determine if the pools are available for use. Gymnasium The District utilizes the high school gymnasiums listed in Exhibit 1 (“Gymnasiums”) during normal days of school operation from 8 a.m. to 6 p.m. The City may utilize the high school gymnasiums for City-sponsored programs when they are not needed for District use. Use shall be requested as far in advance as possible. Dates for use not scheduled by the City at least 60 days in advance may be made available by the District to other parties or agencies. Use times may be adjusted by mutual consent of both parties to meet mutual needs. Upon reasonable notice, the District reserves the right to utilize District Gymnasiums for school-related activities during normal City operation times. Augmentations and modifications to this schedule will be provided to the City as soon as practicable. Non-profit groups and for-profit businesses and groups desiring to use the high school gyms (if available) must book directly with the District. Non-profit groups/leagues co-sponsored by the City shall apply to the City for use of said facilities under the permitting process established by the City, since no fees are collected from these organizations. Co-sponsored groups are defined as non-profit organizations that are partners with, and certified by, the City of South San Francisco as recreational and social in nature and provide public benefit to South San Francisco residents on behalf of the City. High School Auditorium for Nutcracker Rehearsals and Performances Each year, the City shall be able to reserve the Auditorium at a high school in December for its Nutcracker performances, which includes seven days for rehearsals and an additional two days for the actual performance.For the City’s reservation, rehearsals are expected to begin around mid-December and start after school lets out for the day (schedule may change depending on availability). The rehearsal can continue until around 11 p.m. The performances are expected to be held on Saturday and Sunday, with two shows held on Saturday and one show held on Sunday. Based on availability of space, City will work with District on the duration of use needed. District staff and City staff may negotiate to decrease/extend the duration of use within reason, as space is available. In addition to the Auditorium, the City also may reserve the Band Room, Multi-use Room, Choral Room, Dressing Rooms, and the Cafeteria, as well as lighting and Audio-Visual (AV) equipment. High School Auditorium for Spring Ballet Performances Each year, the City may reserve the Auditorium at a high school in June for its Spring Ballet performances. The facility is expected to be reserved for three days (Thursday to Saturday). The rehearsal can continue until around 10 p.m. The performances are expected to be held on Saturday. Based on availability of space, City will work with District on the duration of use. Additional custodial support is needed to assist the City during Nutcracker rehearsals and performances, as well as the Spring Ballet rehearsals and performances. The District will invoice the City at the end of the performances for reimbursement of Nutcracker and Spring Ballet-related custodial and utility costs. District staff and City staff may negotiate the provision of City custodial support if needed. 4. Baden High School/Adult Ed. Batting Cages A. District acknowledges that the City installed batting cages on District property at Baden High School/Adult Ed. (Southwood) (“Batting Cages”), intended for exclusive use, operation, control, management, maintenance, safety, and supervision for recreation purposes by the City and co-sponsored community groups only. City designed and installed the Batting Cages in such fashion as to not unnecessarily obstruct District’s development and use of the field. B. Co-sponsored group is defined as non-profit organizations that are partners with and certified by the City of South San Francisco as recreation and social in nature, and provide public benefit to South San Francisco residents on behalf of the City. C. City paid all costs of design, construction, and maintenance of the Batting Cages. D. The Board of Trustees of the District passed a resolution in 2008 stating that the Batting Cages will not be used for school purposes and that no pupils or teachers, as such, will be permitted to use or enter the Batting Cages as part of a school-related activity. (Exhibit 4). E. A sign has been posted on the Batting Cages in a conspicuous location stating that the Batting Cages do not meet the Field Act requirements with respect to structural standards as required by law and earthquake safety. F. The Batting Cages will be for the exclusive use of the City and City programs/staff and the City will assume sole, exclusive and full liability for the use, operation, control, management, supervision, maintenance and safety of the Batting Cages and all persons who use them at all times. G. If at a future time, the City has no use of the Batting Cages, the District may require the City to remove the Batting Cages at the City’s expense at any time. The District shall provide reasonable notice in writing to the City for such a request. Upon receipt of such request, City shall remove the Batting Cages at its sole expense and restore the property where they were located to its condition prior to installation of the Batting Cages to the fullest extent possible. 5. Custodial Services A. District shall provide all custodial services for District facilities when these facilities are used for an event jointly sponsored by the City and the District. B. City will provide all custodial services for City facilities when these facilities are used for an event jointly sponsored by the City and the District. C. When the City uses District facilities during non-school time (summer, weekends, breaks, etc.), the City will provide custodial services or pay the District to provide custodial services. D. District shall bill the City for custodial services if it incurs additional custodial services during a City event using District facilities based on the custodial rates listed under “Direct Cost” on Exhibit #3 attached hereto and incorporated herein. E. City shall bill the District for custodial services if it incurs additional custodial services during a District event using City facilities based on actual cost incurred. F. Custodial hourly rates are approved by the Board for each fiscal year along with the facility use rates. (Exhibit #3) G. Cost shall be mutually agreed-upon by the Parties in writing prior to the costs being incurred. H. Process and procedure are listed under “Billing and Payment” (Section 13). 6. Furnishing of Restrooms A. District shall be responsible for furnishing suitable and adequate washrooms and restrooms at all indoor District facilities where such accommodations are available. B. Such accommodations shall be available for use on such days and at such hours as City- sponsored events and Community Recreation Programs are normally conducted. C. District shall bill the City for custodial services if it incurs additional custodial services during a City event using District facilities based on the custodial rates listed under “Direct Cost” on Exhibit #3. D. Cost shall be mutually agreed-upon in writing prior to the costs being incurred. 7. Alteration to Joint Use Property A. Neither Party may alter the Joint Use Property in a manner that impacts the other Party’s use of the Joint Use Property or impacts the other Party's costs associated with the Joint Use Property without the other Party's prior written consent, which may be granted in such Party's reasonable judgment. Should a Party provide written consent, both Parties shall execute an amendment to this Joint Use Agreement to ensure compliance with the Education Code and Community Recreation Act and ensure that the Parties contribute jointly to the establishment, operation and maintenance of the Joint Use Property. 8. Meetings and Schedules A. District and City shall meet annually in July/August, unless otherwise mutually agreed to by staff, prior to the start of school to discuss and resolve any issues concerning maintenance or renovation of any Joint Use facilities, and to address any of the Parties’ concerns or issues arising under this Agreement. 9. Scheduling/Request for Use of Facilities A. All City and City Co-Sponsored Group requests for use of District facilities will be processed by the District’s Facilities Department. B. Co-sponsored group is defined as non-profit organizations that are partners with and certified by the City of South San Francisco as recreational and social in nature, and provide public benefit to South San Francisco residents on behalf of the City. C. All District requestsfor use of City facilities will continue to be processed by the City’s Parks and Recreation Department. D. All scheduling for facilities under the provisions of this Agreement, must be done by, and with the approval of, the authorized entity. a. The authorized entity for the City of South San Francisco is the Parks and Recreation Director or their designee. b. The authorized entity for District facilities (including field use) is the District’s Facilities Department or identified designee. E. Either Party who desires to use a Joint Use Facility of the other must schedule as far in advance as possible. F. City shall provide permit requests received from City groups and co-sponsored groups for facilities use by April of each year, or by another mutually agreed-upon date. G. Once scheduled, either Party may cancel a reservation with reasonable cause. H. All third-party reservations (for-profit businesses and groups) desiring to use City facilities must book directly with the City. I. All third-party reservations (non-profit groups and for-profit businesses and groups) desiring to use school facilities must book directly with the District. J. Such requests shall be subject to rules and regulations as may be imposed by the City and/or applicable District School Board adopted policies and provisions, including but not limited to the District’s facility use fee schedule (Exhibit #3). K. The referenced policies and procedures may be subject to change and modification by either Party in this Agreement and modifications shall be memorialized with an amendment in writing to this Agreement. L. Any such change, however, shall be effective no sooner than 30 days or on an agreed- upon effective date by both Parties after the amendment is signed. 10. Supervision and Compliance with Law A. Each Party is responsible for supervision of the Joint Use Property during the time of its use. Each Party shall comply with, and shall ensure compliance by persons within its control and authority of all state and federal laws and regulations now in force, or which may be in force in the future, pertaining to the Joint Use Property. City and District shall each comply with the other Party’s rules and regulations during the time of its use of that portion of the Joint Use Property owned by that Party. 11. Facility-Use Fees and Charges A.The District’s fees to be included in the Fee Schedule set forth under Exhibit 3 will be established by the District pursuant to statute and applicable Board policy. B.The City’s fees to be included in the Fee Schedule set forth under Exhibit 3 will be established by the City pursuant to statute and applicable City ordinances and/or policies. C. The City must communicate the same fee, if applicable, for the use of any District facilities to all City co-sponsored groups equal to the rate on the facility-use schedule approved by the District’s Board of Trustees each year (Exhibit #3). D. All fees collected for the use of City Facilities shall belong to the City. E. All fees collected for the use of District Facilities shall belong to the District. F. Facility use charges may be adjusted annually by either, or both, Parties, based on actual and/or projected costs and may not exceed 3% annually. G. Adjustments to facility use charges shall be effective at the beginning of each fiscal year (July 1). H. All services or requirements beyond the scope of this Agreement, are to be assessed and billed pursuant to the provisions of District and/or City policy and/or ordinance. To the maximum extent possible, these shall be mutually agreed-upon in writing prior to the costs being incurred. I. If the City uses the South San Francisco High School turf for after-school athletic groups that go into the evening/night hours, the City must reimburse the District for the field lights at the hourly rate approved by the Board for facility use. 12. Damage to Facilities A. When damage to a facility or field does occur, the owner will notify the user agency immediately (outside of normal wear and tear). B. Representatives of both agencies, and insurance agency representatives if appropriate, will evaluate and review the damages, preferably together, to assess necessary mitigation, appropriate cost, scheduled repair, and final work product. C. The user agency will be immediately responsible for costs incurred to repair the damaged property. 13. Billing and Payment A.Each Party’s staff shall be responsible for coordinating with their respective Billing/ Finance Departments on the amount and purpose of expenses and billings arising from this Agreement, and to provide supporting documentation. B.Each Party’s staff shall be responsible for invoicing the other Party for expenses or reimbursement pursuant to this Agreement. 14. General Terms and Conditions A. Indemnity/Hold Harmless 1. Each Party will defend, indemnify and hold the other Party, its officers, employees, agents, and volunteers harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying Party, its officers, employees, agents, or volunteers. B. Insurance 1. Each Party shall maintain the following programs of insurance coverage: 2. General Liability insurance with limits of not less than the following, and naming the other Party as an additional insured: 3. General Aggregate: $3 million 4. Personal Injury: $1 million 5. Each Occurrence: $1 million 6. Workers' Compensation and Employer’s Liability insurance providing workers' compensation benefits, as required by the State of California. C. Entry and Inspection 1. Each Party reserves, and shall always have the right, to enter upon the Joint Use Property at reasonable times for the purpose of viewing and ascertaining the condition of the property. D. Waiver 1. The waiver by either Party of any breach or of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any other breach, term, covenant, or condition of this Joint Use Agreement. E. Notices 1. Any notice required or permitted under this Joint Use Agreement shall be done by email or in writing, delivered to the Party at the address set forth below, and shall be deemed effectively delivered upon (i) personal delivery or electronic delivery, (ii) one day after deposit for overnight delivery by Federal Express or a comparable national express courier, (iii) two days after deposit in the United States mail, by first-class mail, postage prepaid, or (iv) receipt via facsimile or electronic mail. A Party may designate another address for notice purposes upon written notice pursuant to the provisions of this paragraph. The Parties shall provide each other after-hours emergency contact phone numbers of appropriate supervisory staff, which shall be periodically updated. DISTRICT South San Francisco Unified School District Attn: Superintendent 398 “B” Street South San Francisco, CA 94080 Phone: (650) 877-8705 Email: [email protected] CITY City of South San Francisco Attn: City Manager 400 Grand Avenue South San Francisco, CA 94080 Phone: (650) 877-8502 Email: [email protected] F. Defaults 1. Should either Party fail to perform any covenant, condition or agreement contained in this Joint Use Agreement, and the default is not cured within thirty (30) days after written notice is served on the defaulting Party by the non- defaulting Party, then the defaulting Party shall be in default under this Joint Use Agreement; provided however, to the extent that more than thirty (30) days are reasonably required to cure any default, the defaulting Party shall not be in default so long as it commences such cure within the thirty (30)-day period and thereafter diligently pursues such cure to completion. G. Conflicts of Interest 1. City and District agree that their governing boards shall avoid any relationship with the other party that constitutes or potentially constitutes a conflict of interest between City and District and/or members of their boards. This prohibition shall extend to employment with either City or District, in cases where a conflict of interest may arise from said relationship. H. Governing Law 1. The Parties agree that the laws of the State of California shall be used in interpreting this Joint Use Agreement, shall govern all disputes under this Joint Use Agreement and will determine all rights thereunder. I. Complete Agreement 1. This Joint Use Agreement contains the complete expression of the whole agreement between the Parties and there are no promises, representations, agreements, warranties, or inducements either expressed verbally or implied except as are fully set forth herein. This Joint Use Agreement cannot be amended, enlarged, modified, or changed in any respect except by written agreement between the Parties. J. Nondiscrimination 1. District, City, and all others who from time to time may use the property and recreational facilities described in this Joint Use Agreement with the permission and on the terms and conditions specified by both Parties shall not discriminate in any manner against any person or persons on account of race, color, gender, creed, national origin, age or mental or physical disability. K. Compliance with all Laws ϭ͘City and District agree that no activity in violation of State and Federal law or local ordinance shall be conducted in the facilities used pursuant to this Agreement. This includes any use that involves the possession, consumption, or sale of alcoholic beverages, tobacco, or any restricted substances on District property. L. Fingerprinting and Health/Safety Checks 1. City employees who are routinely assigned to work on District property during school hours must obtain fingerprint clearance and/or any other health or safety check that is required of District employees by State or County rules. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove mentioned. CITY OF SOUTH SAN FRANCISCO a municipal corporation By: Name: Title: Attest: EĂŵĞ͗ dŝƚůĞ͗ SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT of SAN MATEO COUNTY By: Name: Title: Attest: EĂŵĞ͗ dŝƚůĞ͗ y,//dηϭ /^dZ/d&/>/d/^s/>>&KZh^zd,/dz The following School District facilities shall be available for City use: Elementary School Sites: Including classrooms, multi-purpose rooms, and playgrounds, as available. Excludes those related to childcare as these will be addressed via the Child Care MOU. Buri Buri Ballfield and track Foxridge Ballfield Hillside Ballfield Los Cerritos Playground Martin Ballfield Ponderosa Ballfield Spruce Gym (City Sports Programs only) Sunshine Gardens Ballfields Middle School Sites: Including classrooms, as available. Excludes those related to childcare as these will be addressed via the Child Care MOU. Alta Loma Ballfield, Multi-purpose Room Parkway Heights Ballfield, Multi-purpose Room Westborough Ballfield, Multi-purpose Room High School Sites: Baden/Adult Ed. Ballfields, Soccer Field, Batting Cages (City use only) El Camino Gymnasium, Theatre (Dressing rooms, Choral Room and Band Room), Pool South San Francisco Small field in front of small gym, Gymnasium, Auditorium/Band Room/MUR, Choral Room/Dressing Rooms/Cafeteria, Pool, Tennis Courts, Gym, Ballfield and Track (Charge for field light use –See Exhibit 3 for rate) EXHIBIT #2 CITY FACILITIES AVAILABLE FOR USE BY THE DISTRICT The following City facilities shall be available for District use: Alta Loma Ballfields, Picnic Area, Sports Courts (Tennis and Basketball) Avalon Ballfield, Picnic Area Buri Buri Park, Ballfield, Picnic Area, Sports Courts Orange Memorial Park: Ballfields, Pool, and Joseph A. Fernekes Recreation Building; Picnic Area, Sports Courts Terrabay Gymnasium and Recreation Center Westborough Park Alice Peña Bulos Community Center Building, Picnic Areas and Sports Courts Playgrounds for all park sites Sellick Park Picnic Areas and Fields Library, Parks and Recreation Center and Civic Campus Park Municipal Services Building EXHIBIT #3 SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT 2023-24 RENTAL FEE SCHEDULE Notes Annual fee increase is normally 3% per year. City to pay the Direct Costs rate, if applicable. Overtime custodial rates apply only when no substitute custodian is available. City Co-sponsored groups are responsible for paying for stadium field lights (if needed) when in use by Co- sponsored groups. EXHIBIT #4 SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT Batting Cages Resolution