Colton Joint Unified School District-2009-25BOARD AGENDA
REGULAR MEETING
July 16, 2009
ACTION ITEM
TO:
PRESENTED By:
SUBJECT:
GOAL:
Board of Education
Jaime R. Ayala, Assistant Superintendent, Business Services Division
Adoption of Resolution No. 09-02: One-Year Joint Use Agreement
for Facility Use Between the Colton JUSD and the City of Grand
Terrace for After School Childcare Services at Grand Terrace and
Terrace View Elementary Schools (2009-10)
Facilities / Support Services
STRATEGIC PLAN: Strategy #4 - Facilities
BACKGROUND:
ACTION:
This joint use agreement would allow for the sharing of the multi-
purpose room and playfields for a one year term as defined by the
agreement and pursuant to the revised board policy for relations
between other governmental agencies and the District.
The City of Grand Terrace requests the use of the multi-purpose room
and playfields for after school childcare services. The City would
assume responsibility for scheduling and cleaning of the facilities after
scheduled events. The District will evaluate the renewal of this
agreement and notify the City of Grand Terrace by April, 2010, of its
decision on renewal for the following year.
None.
That the Board adopt Resolution 09-02: One-Year joint use agreement
for facility use between the Colton JUSD and the City of Grand
Terrace for after school childcare services at Grand Terrace and
Terrace View Elementary Schools (2009-10).
On motion of Board Member and
the Board adopted the resolution as presented.
BUDGET
IMPLICATIONS:
RECOMMENDATION:
RESOLUTION 09-02
JOINT USE AGREEMENT FOR FACILITY USE
Between the Colton Joint Unified School District and the City of Grand Terrace
For Childcare Services at Grand Terrace and
Terrace View Elementary Schools, Grand Terrace, California
This Agreement entered into on the 1st day of August, 2009 by the Colton Joint Unified
School District, hereafter referred to as "District", and the City of Grand Terrace hereafter
referred to as "City."
WHEREAS, the Education Code of the State of California authorizes and empowers public
school districts and municipalities to cooperate with each other for the purposes of providing
meaningful leisure and educational opportunities, and toward that end enter into agreements
with each other for the purpose of organizing, promoting and conducting such programs of
community recreation and education objectives for children and adult citizens of the State; and,
WHEREAS, worthwhile recreational activity contributes to the well being of individuals, and in
turn to the progress of society, provision of meaningful leisure opportunities can be properly
recognized as a governmental service. Consequently, both municipal and education agencies
have been delegated the responsibility for providing the community with these leisure skills
and opportunities; and
WHEREAS, in order to minimize the duplication in the provision of these services, and to
maximize potential for quality programs, both agencies are committed to cooperate with one
another whenever feasible; and
WHEREAS, the District and City desire to establish a basis for the cooperative use of their
educational facilities located in the community; and
WHEREAS, the District is owner of the buildings, playfields, the turf area and asphalt courts at
Grand Terrace and Terrace View Elementary Schools, Grand Terrace, California; and
WHEREAS, the City wishes to utilize and maintain the district facilities.
NOW, THEREFORE, the parties agree as follows:
1.The use of the Grand Terrace and Terrace View Elementary School multi-purpose building
and playfields, hereinafter referred to as the "buildings and playfields", shall be subject to
reasonable rules and regulations as determined by the District and as defined by the
Administrative Rules and Regulations.
2.All use of the buildings and playfields shall conform with the California Education Code
including, but not limited to, the Civic Center Act of the Education Code Sections 10900
through 10914.5.
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3.The District's representative and the City's representative shall meet as necessary to
transact business in accordance with this agreement.
4.Any item of equipment or element of construction related to the City, which is placed on
District property and which will be paid from City funds, shall be subject to the advice and
approval of the District superintendent or designee. Any such items of equipment or
element of construction shall conform to all applicable laws, rules and regulations
applicable to school districts.
5.Any item of equipment and/or element of construction purchased with funds from the City,
and placed on District property shall forever be the property of the City, and may be
removed from District property by the City at any time after giving the District sixty (60)
days written notice, provided however, that upon such removal the premises shall be left in
the same good order and condition as prevailed prior to the time of installation. Any such
placement or construction shall be performed in compliance with all applicable laws, rules,
regulations and City ordinances.
6.Damages to structures and equipment, whether during joint or sole use by a party, shall be
the responsibility of the party exercising supervision over the facility or area at such time as
the damage occurs. At all other times, damage shall be the responsibility of the party of
ownership.
7.The City shall be responsible for payment of all utilities charged to its meters. The District
shall be responsible for payment of all utilities charged to its meters. Meters may not be
installed on school grounds without the consent of the District.
8.Maintenance of building and playfields shall be the responsibility of the District.
Maintenance of equipment/structures shall be the responsibility of the owner of the
equipment or structure. The City shall be responsible for the removal of litter or debris
resulting from a City scheduled event, and empty trash bins as necessary, as well as the
upkeep of any future, District-approved additions to the playfields.
9.Each party agrees to indemnify, defend and hold harmless the other party, its officers,
employees, agents and volunteers from any and all liabilities for injuries to persons and
damage to property arising out of any negligent act or omission of the party, its officers,
employees, agents or volunteers in connection with the use of the playfields as described
herein.
10.This Agreement shall be subject to revision and modification periodically upon the request
and mutual agreement of the Board of Education of the Colton Joint Unified School District
and the City of Grand Terrace.
11.A schedule of dates for such use will be so arranged as to avoid any conflict between
School and City use; that in the scheduling of said building or playfield. School events and
programs shall have first priority, and City events and programs shall have second priority.
Any other events by other groups or agencies shall have third priority. The City shall keep
the District and school principal aware of scheduled facility use.
12.The City shall inform the District, within a reasonable amount of time, of any conditions that
may pose a safety hazard to the public as a result of the use of the district facilities.
13.Term of Agreement — The term of this agreement shall commence on the date first written
above and shall remain in effect for a period of one (1) year ("Initial Term"). At the end of
the Initial Term, this agreement shall renew for successive one (1) year term ("Additional
Term"), unless one party provides the other party with written notice of non-renewal sent at
lease ninety (90) days prior to the expiration of the Initial Term or any Additional Term If
either party fails or refuses to comply with or carry out any part of the agreement, the other
party may terminate this agreement by providing written notice to the responsible party of
the cause for termination.
14.Termination of Agreement - It is the intent of both parties that this Agreement remain in
force for a period of not less than one (1) year. However, this agreement may be
terminated by either the District or the City at the end of any traditional school year. The
termination will be made by the Board of Education or the city Council adopting a motion or
Resolution determining to withdraw from the Joint Use Agreement, and give notice of such
termination in writing, including a copy of the motion or Resolution, at least sixty (60) days
prior to the end of the school year. Such notice of termination, together with a copy of the
required motion or Resolution, shall be given by the Board of Education to the City
Manager of the City of Grand Terrace, or by the City Council to the Superintendent of the
Colton Joint Unified School District.
THE PARTIES HEREBY EXECUTE THIS AGREEMENT BY THEIR RESPECTIVE
AUTHORIZED REPRESENTATIVES:
Colton Joint Unified School District:
ti Date: /
Jaime R. yala, As an uperintendent
Business Services Division
City of Grand Terrace:
4-,
Date: — - 01
Maibr
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AGREEMENT BETWEEN
COLTON JOINT UNIFIED SCHOOL DISTRICT
AND
CITY OF GRAND TERRACE CHILD CARE SERVICES
FOR JOINT USE OF FACILITIES
AT GRAND TERRACE AND TERRACE VIEW ELEMENTARY SCHOOLS
THIS AGREEMENT made and entered into this 1st day of August, 2009, by and
between the Colton Joint Unified School District, a California public school district duly
organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the
State of California (hereinafter "District") and the City of Grand Terrace Child Care Services
(hereinafter "City") are sometimes referred to singularly as "Party" and collectively as "Parties."
RECITALS
WHEREAS, the parties are mutually interested in a quality program of education,
community recreation and other civic activities for all citizens of the City and the District; and
WHEREAS, the parties desire to enter into an agreement for reciprocal use of certain
facilities, as defined herein, for education, community recreation and other civic activities to
assure maximum and coordinated use of these facilities and
WHEREAS, the city is authorized to contract with the District for purposes of contributing
to the attainment of general education programs, community recreation services and civic
activities for children and adults of the State; and
WHEREAS, California Education Code Section 10900 et seq. ("Community Recreation
Programs Law") authorizes public authorities to organize, promote, and conduct such programs
of community recreation as will contribute to the attainment of general education and
recreational objectives for children and adults and further empowers public authorities to
cooperate with each other to attain such objectives; and
WHEREAS, the Community Recreation Programs Law defines "recreation" to include
"any activity, voluntarily engaged in, which contributes to the "...mental, or moral development
of the individual or group participating therein, and includes any activity in the fields of ... art,
handicrafts ...nature contacting, aquatic sports, and athletics..."; and
WHEREAS, district and city are authorized under California law to operate and maintain
recreation centers, as defined in Education Code Section 10901(f) ("Recreation Center"), for
community recreation; and
WHEREAS, full cooperation between the district and the city is essential in order to
guarantee the best programs and services with reasonable expenditure of public funds; and
WHEREAS, district and city have agreed to act jointly to develop a plan to jointly use
certain real property and facilities (individually the "District Facilities' and "City Facilities" and
collectively, the "Facilities").
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual
promises of the covenants hereinafter contained, and for the good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. DEFINITIONS
Whenever in this agreement the following terms are used, the same shall have the
meaning ascribed to them in this Section 1, unless the context otherwise requires or admits:
(A)"City Facilities" means the facilities listed and described in Exhibit "A". Restrictions
and special instructions related to individual facilities shall be set forth in Exhibit "A".
(B)"Districts facilities means the facilities listed and described in Exhibit "B".
Restrictions and special instructions related to individual Facilities shall be set forth in Exhibit
"B".
(C)"Specialized Facility/Facilities" means those facilities designated by the parties as
requiring specialized maintenance or use of which causes the owner party to incur extraordinary
costs. The parties shall mutually decide which of the facilities shall be designed "Special
Facilities" and such specialized facilities shall be listed and described in Exhibit "C" along with a
breakdown of the extraordinary costs associated with its use.
(D)"School Day" means the time period between the hours of 9:00 a.m. to 3:30 p.m.
during the school year at Grand Terrace Elementary School and 8:15 a.m. to 2:30 p.m. at
Terrace View Elementary School.
(E)"School Year" means the period beginning in the month of August each year and
ending on the succeeding June during which district conducts educational programs and
services for school age students.
2. USE OF FACILITIES
2.1 District and city hereby grant a non-exclusive license to each other to use each
others' facilities in accordance with the terms and conditions set forth in the agreement,
including the following:
2.1.1 District and city may utilize each other's facilities without monetary
consideration to the other party. However, if either party uses the other party's facilities for a
profit-making purpose, then the user party shall pay the owner party such costs as would be
charged to a third party user under the Civic Center Act. Additionally the owner party may
charge the user party for the extraordinary costs or special maintenance necessitated by use of
a specialized facility, as set forth in Exhibit "C."
2.1.2 Whenever possible, district and city agree to utilize their respective
facilities prior to utilizing each other's facilities.
2.1.3 With respect to the use of facilities, the shared use committee shall
conduct, at a minimum, two meetings annually for the purpose of scheduling anticipated
uses of the facilities ("Scheduling Meeting").
2.1.1.1 At the first meeting, which shall take place on or before January 1s t
each year, district and city shall agree upon a schedule, in writing, for the summer months (i.e.
June, July, August and September) with respect to the use of the facilities, including, but not
limited to the proposed times, uses and users of the facilities.
2.1.1.2 At the second meeting, which shall take place on or before July
1st of each year, district and city shall agree upon a schedule, in writing, for the non-summer
months with respect to the use of the facilities, including, but not limited to the proposed times,
uses and users of the facilities.
2.1.1.3 After the schedules are set at the scheduling meetings, both
parties shall notify each other in case of any scheduling changes at least forty-eight (48) hours
before the scheduled use. In the event of an unanticipated event that is not included on the
schedules set the scheduling meetings, each party agrees to reasonably accommodate the
other party with respect to such event, if possible.
2.2 Notwithstanding anything in the agreement to the contrary, district shall
have exclusive use of the district facilities, Monday through Friday (except on school holidays),
from one-half (1/2) hour before school commencement of the school day until one-half (1/2)
hours after school closing time. School holidays shall be defined as those days or portions of
days when school is not in session.
2.3 District shall notify city at the scheduling meetings of any school athletic
events that are anticipated to extend more than one half (1/2) hour beyond a school's closing
time so that such games may be included in the schedule which is agreed upon at the
scheduling meetings. In addition, should district require the use of any district facility for any
California Interscholastic Federation activity, such use shall take precedent over any pre-
existing use at any of the district facilities as long as forty-eight (48) hours notice is given,
whether or not such use is during school hours or included in the schedules agreed upon a the
scheduling meetings.
2.4 On school days, district facilities will be available from 7:15 a.m. 6:00 p.m.
unless a school event is in progress.
2.5 On non-school days, district facilities shall be available from 7:00 a.m.
until dusk for all outdoor non-lighted district facilities and 10:00 p.m. for all indoor and outdoor
lighted district facilities and in no event later than 11:00 p.m. unless special permission is
expressly granted by district.
2.6 Each party agrees to utilize the facilities in conformance with Federal and
State law as well as district and city administrative regulations, ordinances, and policies.
2.7 The use of district facilities by city shall be in such a manner, as not to
interfere with the district's normal use of district facilities, including, but nor limited to back to
school nights, school assemblies, and cleaning/gardening activities.
2.8 The parties agree that each party shall provide all materials and
equipment to be used in their respective activities. Selected permanent equipment, which is
owned by the district on district property, may be used by the city. Selected permanent
equipment, which is owned by the city on city property, may be used by the district.
2.9 The parties agree that each party will provide all necessary supervision
and security at their respective activities.
2.10 The child care program will be offered for children enrolled in Colton Joint
Unified School District boundaries who are enrolled in grades K-6 child care will be provided at
Grand Terrace Elementary School auditorium from 3:30 p.m. to 6:00 p.m. while school is in
session and 7:15 a.m. to 6:00 p.m. while children are off track. Terrace View Elementary School
auditorium will be utilized from 7:15 am to 8:15 a.m. and 2:30 p.m. to 6:00 p.m. year round.
2.11 The city will hire, supervise and pay program staff in accordance with city
policies, and maintain the qualifications needed for the program. The city will be responsible for
setting program curriculum, purchase equipment, replenish supplies and maintain all aspects of
the day-to-day operations of the facility.
2.12 The city will utilize the playground areas necessary to conduct the
programs and have access to the restroom facilities at all times the programs are being
conducted. The district will maintain the custodial maintenance of the restrooms and space
needed to operate the programs.
2.14 The program as stated above will continue throughout each school year.
3. MAINTENANCE RESPONSIBILITIES
3.1 District and city shall be responsible for the maintenance of their
respective facilities, however, should either of the parties cause maintenance costs out of the
ordinary or damage with respect to their use of the others' facilities, such party shall be
responsible for these additional maintenance costs and repair of such damages. If the user
party does not commence such maintenance or repairs, the owner party may undertake such
maintenance or repairs and invoice the user party for the cost of the maintenance or repairs.
The user party shall pay the invoice within thirty (30) days of receipt.
3.2 The parties agree that graffiti eradication will be the responsibility of the
property owner unless such graffiti is caused by the group using the facility with the permission
of the district or city in which event the graffiti shall be revised by the party permitting the group
to use the facility.
3.3 The parties agree that, by written authorization from the owner of the
facility, the other party, or a local recreation organization ("Recreation Organization"), may be
allowed to provide special maintenance or improvements to a facility which is considered
beneficial to all parties as long as such other party or recreation organization complies with any
and all applicable laws and regulations regarding the provision of maintenance and/or
construction of improvements to facilities owned by a public entity.
3.4 The parties agree that all facilities will be kept in good repair and in a
manner suitable for usage by city district and recreations organization. The facilities and
grounds staff of each party shall meet from time to time to decide how to cooperatively establish
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and achieve this standard of care. However, to maintain the condition of the facilities, downtime
maintenance is required. Activities cannot be scheduled at facilities during this maintenance
period. Each party shall be responsible for provide in the other party with reasonable notice of
estimated downtime maintenance schedule.
3.5 The parties agree to schedule any planned renovation and/or repairs in a
manner to minimize impact upon each other, recreation organization and the community uses
and to submit any planned renovation/repairs to facilities at the scheduling meetings so as to
assist in accurate seasonal planning. However, each party may schedule renovation and/or
repairs at times of its own choosing, in its sole discretion.
3.6 The parties agree to inform the other party of any unsafe conditions on
either the district property or the city property by the close of business on the next day following
the observation.
3.7 Improvements to facilities belonging to each party by the non-owning
party will be with the express permission of the owner. All costs will be borne by the entity
making the improvements.
3.7.1 For any improvements made by city at school district facilities, the
school district's Board of Education shall approve the concept, the plans, and the project. Such
approval shall occur prior to the city's application for the grant or acceptance of a donation, if
applicable.
3.7.2 All building/construction plans must receive approval from the
school district's Board of Education prior to commencement of construction. The school district
shall have final approval of all vendors and/or contractors. The school district shall have the
right to review all project planning, design and construction. The school district shall have final
approval of all contracts related to any improvements. The school district shall have final
approval of all schedules related to any improvements.
3.7.3 All construction services are to be performed by a properly
licensed architect, engineer, contractor, or inspector, including construction management
services which shall be provided by a licensed contractor, architect, engineer, and shall comply
with all public works labor requirements, including the payment of prevailing wages, as required
of school districts under state law and as approved by the required State agencies.
3.7.4 City shall be responsible for all costs associated with any
improvements to the Facilities when initiated by the city unless otherwise determined and
agreed to in writing by the school district.
3.7.5 All contractors and subcontractors, and their employees and
agents who enter onto the site for any reason or at anytime subscribed herein, shall submit or
have submitted their fingerprints, without exception, as proscribed by Education Code Section
45125.1. Prior to the issuance of keys to any third party, including contractors and sub —
contractors, the school district and the city shall each require said third party, contractor or sub-
contractor to acknowledge that he/she has been informed the California Penal Code §provides
that any persons who "knowingly makes, duplicates, causes to be duplicated or uses," or
attempts to do same, or possesses any key to a public building, without authorization and with
knowledge of the lack of such authorization, is guilty of a misdemeanor, and that said third
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party, contractor, or sub-contractor further specifically acknowledges that he/she shall be
responsible to any such duplication or unauthorized use of said keys, whatsoever.
Improvements or construction initiated by the school district on school district facilities or the
school site shall not be subject to the approval of city in anyway, in regard to the city capacity
under the agreement, unless specifically allowed by the agreement. City shall however, have
the opportunity to comment on building and/or construction plans on the school site that affect
the joint use of the school site or facilities.
4.CIVIC CENTER ACT
Both parties acknowledge that the facilities are identified as a "Civic Center" pursuant to
the Civic Center Act (Education Code Section 38130 et seq.) and that the use of facilities must
comply with the provisions of the Civic Center Act. Both parties understand that other individual
and./or entities may utilize the facilities pursuant to the Civic Center Act and other provision of
law, including but not limited to such license agreements as the district may determine to enter
into.
5.TERM OF THIS AGREEMENT
5.1 Original Term.
The term of the agreement shall be for a period of one (1) year and shall commence on
July 1, 2009.
5.2 Option to Renew.
The parties may extend this agreement by mutual agreement for an additional term of up
to five (5) -years ("Subsequent Term").
6.TERMINATION OF AGREEMENT
District of city may terminate this agreement by delivery of written notice of election to
terminate at lease ninety (90) days prior to the termination date elected.
7.INDEMNIFICATION AND INSURANCE
7.1 Mutual Indemnification.
7.1.1 District agrees to hold harmless, defend, and indemnify city
against all actions, claims, or demands for injury, death, loss, or damage, regardless of fault or
cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely
due to the willful acts or omissions of city it agents, servants, or employees), whenever such
injury, death, loss or damage is a consequence of, or arises out of the use of the facilities by
district or its agents, servants, employees, or implementation of the agreement including without
limitation, negligent acts or omissions of district involving the condition of the facilities for which
the district was obligated to maintain.
7.1.2 City agrees to hold harmless, defend, and indemnify district
against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or
cause, by anyone whomsoever (except where such injury, death, loss or damage was solely
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due to the willful acts or omissions of district, it agents, servants, or employees), whenever such
injury, death, loss, damage or claim is a consequence of, or arises out of the use of the facilities
by city or its agents, servants, employees, or implementation of the agreement including without
limitation, negligent acts or omissions of city and/or recreation organization involving the
condition of the facilities for which the city was obligated to maintain.
7.1.3 The provision of indemnity set forth in the Section 7.1 shall not be
construed to obligate a party to pay any liability, including but not limited to punitive damages,
which by law would be contrary to public policy or otherwise unlawful.
7.2 Insurance.
7.2.1 Each party shall procure and maintain, during the period of this
agreement, comprehensive public liability insurance coverage, for its acts or omissions
described herein in a form satisfactory to the other party in the following minimum amounts:
Bodily injury (including death) $1 ,000,0 00
Each person, each occurrence $1,000,000
Property damage $1,000,000
7.2.2 Policies or certificates evidencing each party's coverage shall be
filed with the other party, shall include the other party as a named additional insured, and shall
be primary. Said policies or certificates shall provide thirty (30) days' written notice to the other
party prior to any material change, termination to cancellation.
7.3.2 The insurance limits referred to herein may be increased from
time to time by mutual written consent in accord with then accepted practice for California public
agencies.
7.2.4 The policy for same insure against all liability of the party
procuring insurance, its representatives, employees, invitee and agents arising from, or in
connection with, each party's use of the facilities and shall insure performance by such party of
any of the holdharmless provisions set forth herein. Each party shall make certain that the other
party is named as an additional insured under the insurance policy.
7.2.5 The insurance required under this section shall be issued by either
a reputable insurance company admitted to do business in California, in a form reasonably
acceptable to the other party, or through a joint powers agency, or similar entity, formed for the
purpose of providing insurance to public entities.
7.2.6 The parties recognize that insurance practices and requirements
of a school district and a municipality may differ from that of private parties and may change
from time to time. During any period of time in which the parties, as regular practice do not
maintain insurance but rather self-insure or participate in a joint powers agreement with other
governmental entities, the parties may meet their insurance requirements under this section in
the same manner.
7.3 Privileges and Immunities. Notwithstanding anything to the contrary in
this agreement, neither party waives any of the privileges and immunities from liability,
exemptions from laws, ordinances, rules, pension, relief, disability, worker's compensation, and
other benefits which apply to the activity of officers, agents, or employees of either party.
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8.NOTICES
8.1 All formal notices, demands, and communication between the parties
shall be given either by (i) personal service, (ii) delivery by reputable document delivery services
such as Federal Express that provides a receipt showing date and time of delivery, or (iii)
mailing in the United States mail, certified, postage prepaid, return receipt requested, addressed
to:
If to District:
With a Copy to:
Colton Joint Unified School District
Attn: Director, Facilities Planning & Construction
851 S. Mt. Vernon Avenue, Suite 8
Colton, CA 92324
Fax: (909) 554-1882
Atkinson, Andelson, Loya, Rudd & Romo
Attn: Lindsay A. Thorson
17871 park Plaza Dr., Suite 200
Cerritos, CA 90703
If To: City of Grand Terrace Child Care Services
Attn: Cathy Varela, Director
22795 Barton Road
Grand Terrace, CA 92313
8.2 Notices personally delivered or delivered by document delivery service
shall be deemed effective upon receipt. Notices mailed shall be deemed effective at Noon on
the second business day following deposit in the United States mail. Such written notices,
demands, and communications shall be sent to such other addresses as any party may from
time to time designate in a notice delivered in accordance with the requirements of this Section.
8.3 The parties will provide each other after-hours emergency contact phone
numbers of appropriate supervisory staff which shall be periodically updated. Such lists will also
include emergency contact numbers for other facilities which may be utilized in the event of a
community emergency.
9.MISCELLANEOUS
9.1 Binding on Successors.
The terms and conditions herein contained shall apply to and bind the heirs, successors
in interest, executors, administrators, representatives and assigns of all the parties hereto.
9.2 Recreation Organizations.
9.2.1 With respect to recreation organizations city shall be responsible
for the scheduling of recreation programs by such recreations organizations. City shall require
each of the recreation organizations to execute a document stating the following:
City of Grand Child Care Services agrees to hold harmless,
defend, and indemnify District and City against all actions, claims,
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or demands, for injury, death, loss or damages, regardless of fault
or cause, by anyone whomsoever (except where such injury,
death, loss, or damage was solely due to the willful acts or
omissions of City and/or District, its agents, servants, or
employees), whenever such injury, death, loss, damage or claim
is a consequence of, or arises out of the use of the Facilities by
City of Grand Terrace Child Care Services or it agents, servants
or employees.
9.3 Inconsistent Use.
In the event that district's governing board should determine that city's use of district
facilities are inconsistent with district's use of district facilities for school purposes or that city's
use interferes with the education and activities at district facilities, district may terminate the
agreement pursuant to Section 6, above.
9.4 Official Representatives.
The official representative for district shall be the Superintendent or his/her designee and
the official representative of the city shall be City or his/her designee respectively. These official
representatives shall be responsible for assuring compliance with the rules of the facilities
including without limitation district and city's administrative regulations.
9.5 No Assignment of Rights.
No rights which district or city has under this agreement may be assigned to any other
person, persons, or corporation without prior written approval of the other party.
9.6 Employees.
9.6.1 For purposes of the agreement, all persons employed in the
performance of services and functions for the city shall be deemed city employees and no city
employee shall be considered as an employee of the district under the jurisdiction of the district,
nor shall such city employees have any district pension, civil service, or other status while an
employee of the city.
9.6.2 For purposes of the agreement, all persons employed in the
performance of services and functions for the district shall be deemed district employees and no
district employee shall be considered as an employee of the city under jurisdiction of the city nor
shall such district employees have any city pension, civil service, or other status while an
employee of the district.
9.7 Recreation Program Costs.
Except as otherwise provided, neither party shall be responsible to the other party for the
cost of the other party's recreation programs or the cost of any third party organization which
might benefit from a particular aspect of the agreement. The city covenants and agrees to bear
all costs that it should incur with respect to the operation of any recreation program, including
the cost of service of its employees and incidental cost in connection therewith, except as
otherwise provided herein. District covenants and agrees to bear all costs that should incur in
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respect to the operation of any school activity, including the cost of service of its employees and
incidental costs in connection therewith, except as otherwise provided herein.
The parties acknowledge that each party may charge reasonable fees for the use of
facilities as permitted under the laws of California to offset the costs associated with
establishing, coordinating and conducting certain recreation programs.
9.8 Ownership of the Sites, Facilities, Furnishings, and Equipment.
9.8.1 School District Ownership. The underlying fee title to the land,
building and improvements existing at the time of the agreement for district facilities are owned
by the district. Personal property, trade fixtures, furnishings or equipment provided or paid for
by the district and city shall remain the property of the district and city respectively. Upon the
expiration or termination of the agreement, the city shall have the option of removing or leaving
any personal property, trade fixtures, furnishings or equipment belonging to city In the event
that the city leaves any personal property, trade fixtures, furnishings or equipment belonging to
city such property shall become the sole property of the district. In the event that city removes
any personal property, trade fixtures, furnishings or equipment belonging to city, city shall return
to its original condition that portion of the facility affected by such removal.
9.8.2 City Ownership. The underlying fee title to the land, building and
improvements existing at the time of this agreement for city are owned by the city. Personal
property, trade fixtures, furnishings or equipment provided or paid for by the district and city
shall remain the property of the school district and city shall remain the property of the school
district and city respectively. Upon the expiration or termination of the agreement, the District
shall have the option of removing or leaving any personal property, trade fixtures, furnishings or
equipment belonging to the district. In the event that the district leaves any personal property,
trade fixtures, furnishings or equipment belonging to the district, such property shall become the
sole property of city. In the event that the district removes any personal property, trade fixtures,
furnishings or equipment belonging to the district, the district shall return to its original condition
that portion of the facility affected by such removal.
9.8.3 No past, present or future use of any of the facilities shall be
interpreted as convoying any ownership or other property interests in any of the facilities.
9.9 Specific Provisions.
9.9.1 Locks — Keying and Access Authorization.
The lock style, types of gates, and key/code authorization to be utilized at each
individual facility will be coordinated in such a manner to allow dual access, as necessary while
maintaining the safety and property security of such facility.
9.9.2 Joint Parking.
The parties concur to allow parking in designated areas which will minimize off-
site parking intrusion to surrounding properties.
9.10 Applicable Law.
10
Name:
Title: frixcy-
This agreement shall be governed by and construed in accordance with the laws
of the State of California and to the extent that there is any conflict between this agreement and
the laws of the State of California, the laws of the State of California shall prevail.
9.11 Entire Agreement.
This agreement is intended by the parties hereto as a final expression of their
understanding with respect to the use of recreational use of facilities and is a complete and
exclusive statement of the terms and conditions thereof and supercedes any and all prior and
contemporaneous agreements and understandings, oral or written, in connection therewith.
This Agreement may be changed or modified only upon written consent of the Parties hereto.
9.12 Joint Preparation.
This agreement shall be deemed to have been prepared jointly by the parties,
and the usual rule that the provisions of a document are to be construed against the drafter shall
not apply.
IN WITNESS WHEREOF the parties hereto have executed the agreement as of the date first
above written.
DATED: JULY 17, 2009 COLTON JOINT UNIFIED CHOOL DISTRICT
By:
Name: JA ME R7 AYA111
Title: ASSISTANT SUPERINTENDENT
City of Grand errace DATED: /0 -/3 -
APPROVED AS TO FORM:
By:
Lindsay A. Thorson, Esq.
Atkinson, Andelson, Loya, Rudd & Romo
APPROVED AS T FORM:
By:
Attorney for City 01,9 nd Terrace
11
EXHIBIT A
CITY FACILITIES
N/A
1 2
EXHIBIT B
DISTRICT FACILITIES
LIST AND DESCRIPTION OF
GRAND TERRACE ELEMENTARY FACILITIES
12066 Vivenda Avenue, Grand Terrace, CA 92313
8.5 ACRES — APN NP. 0275-232-04-0000
5 Kindergarten classrooms, 25 Classrooms, Multi-purpose room, Library, Office
LIST AND DESCRIPTION OF
TERRACE VIEW ELEMENTARY FACILITIES
22731 Grand Terrace Road, Grand Terrace, CA 92313
9.7 ACRES — APN No, 0255-131-09-0000
2 Kindergarten classrooms, 25 Classrooms, Multi-purpose Room, Library, Office
13
EXHIBIT C
SPECIALIZED FACILITIES
N/A
14
EXHIBIT C
SPECIALIZED FACILITIES
N/A
15
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