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HomeMy WebLinkAboutColton Joint Unified School District-2006-08 (5) iuI RUE MOUNTAIN un October 22, 2008 • GRAND TERRACE CALIFORNIA 22795 Barton Road Alice Grundman Grand Terrace Colton Joint Unified School District California 851 S. Mt. Vernon, Suite 8 92313-5295 Colton, CA 92324 Dear Ms. Grundman: Civic Center (909)824-6621 The Grand Terrace City Council,at their meeting on October 14,2008,approved Fax(909)783-7629 the following agreements: Fax(909)783-2600 • An Agreement between Colton Joint Unified School District and the City of Grand Terrace for Joint Use of Facilities for Parks at Grand Terrace Maryetta Fern Elementary,Terrace View Elementary and Terrace Hills Middle Schools Mayor • An Agreement between Colton Joint Unified School District and the City Lee Ann Garcia of Grand Terrace Child Care Services for Joint use of facilities at Grand Mayor Pro Tempore Terrace and Terrace View Elementary Schools Enclosed you will find two signed originals of each of the agreements. Once the Council Members agreements have been approved by the Board of Education, please return fully Bea Cones executed copies to our office. Jim T. Miller Dan Buchanan If you have any questions please contact our office. Thomas 1. Schwab Sincerely, City Manager !! 1:;�;<21.Lcam'/\ Brenda Mesa City Clerk Enclosure cc: Steve Berry, Assistant City Manager (10/21/2008) BRENDA MESA- Re: Joint Use Agreements __Page 1 From: steve berry To: BRENDA MESA; HUNTIMER CHELLA Date: 10/21/2008 4:56 PM Subject: Re: Joint Use Agreements Attachments: steve berry.vcf Yes,they were approved. I will have Brenda send you the signed copies. STEVE Steve Berry Acting City Manager City of Grand Terrace 909-430-2226 909-783-2600 FAX >>> "HUNTIMER CHELLA" <CHELLA HUNTIMERCdcolton.k12.ca.us> 10/21/2008 4:08 PM >>> It is my understanding that our Joint Use Agreements went to your council on 10/14. When should we expect to get signed copies to take to our board? • AGREEMENT BETWEEN COLTON JOINT UNIFIED SCHOOL DISTRICT AND CITY OF GRAND TERRACE FOR JOINT USE OF FACILITIES FOR PARKS AT GRAND TERRACE ELEMENTARY, TERRACE VIEW ELEMENTARY AND TERRACE HILLS MIDDLE SCHOOLS THIS AGREEMENT made and entered into this 1st day of July, 2008, 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 (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 8:00 am to 3:30 p.m. during the School Year. (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 school begins each year, district and city shall agree upon a schedule, in writing, for the summer 2 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 summer school begins 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 to city one-half (1/2) hour after a school's closing time unless a school athletic 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 districts 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. 3 • 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 removed 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 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 to provide 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. 4 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 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. 3.7.6 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 five (5)years and shall commence on July 1, 2008. 5 5.2 Option to Renew. The parties may extend this agreement by mutual agreement for an additional term of up to twenty (20) years in five (5) year increments ("Subsequent Term"). 6. TERMINATION OF AGREEMENT District or 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 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) $1,000,000 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. 6 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 lime 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. 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: Colton Joint Unified School District Attn: Director, Facilities Planning & Construction 851 S. Mt. Vernon Avenue, Suite 8 Colton, CA 92324 Fax: (909) 554-1882 With a Copy to: Atkinson, Andelson, Loya, Rudd &Romo Attn: Lindsay A. Thorson 17871 park Plaza Dr., Suite 200 Cerritos, CA 90703 If To: City of Grand Terrace Attn: Director of Community Services 22795 Barton Road Grand Terrace, CA 92313 7 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 Terrace Parks and Recreation Department agrees to hold harmless, defend, and indemnify District and City Parks and Recreations 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 due to the willful acts or omissions of City Parks and Recreation 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 Parks and Recreations 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. 8 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 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, fumishings 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 9 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 conveying 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. 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. SIGNATURES ON FOLLOWING PAGE 10 IN WITNESS WHEREOF the parties hereto have executed the agreement as of the date first above written. DATED: COLTON JOINT UNIFIED SCHOOL DISTRICT By: Name: p Title: DATED: /6 - /y-o City of Gran errace n�i1 Nal �� • LY�iL.G P1 Title:(—Or /44_ APPROVED AS TO FORM: By: Lindsay A. Thorson, Esq. Atkinson, Andelson, Loya, Rudd & Romo APED A TO FORM: B ' Attorney c of Grand Terrace 11 EXHIBIT A CITY FACILITIES N/A 12 EXHIBIT B DISTRICT FACILITIES GRAND TERRACE ELEMENTARY SCHOOL 12066 Vivenda, Grand Terrace, CA 92313 8.5 Acres—APN No. 0275-232-04-0000 TERRACE VIEW ELEMENTARY SCHOOL 22731 Grand Terrace Road, Grand Terrace, CA 92313 9.7 Acres—APN No. 0276-461-03-0000 TERRACE HILLS MIDDLE SCHOOL 22759 De Berry, Grand Terrace, CA 92313 14 Acres—APN 1178-081-01, 02,03 13 Grand Terrace Elementary School Colton Joint Unified S-nco'' vlstrict San Bernardino County \ J to 9� UNIT M O e a VNIL 'a' UNIT "G' `\ //�gV�VP UNn � UNIT'N /� UNIT "J' sir tont Aw�` UNIT "N" • 0, 1011 3 JNIT •N• ijrr Q o o ki UNIT "c• uwT -D" hARGE/ SED BT THE bfl MELT �1'TJIE '� EPBLE cm DAYCARE T.P S• m UNIT 'A'895.00' UNIT'E• iliSCALE"" - 160'-D" BARTON ROAD 0.5 ACRE SITE Site Plan FOCI' - ; fib \ \ \ : t % (} c ) ® \ } } // / 2" cii _ I ® ) ® *` )\ " }}] }/ � /!, /! � } \a \ } — \ oZ ., : . \ , CO . t. ° } \! ! 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VERNON AVENUE "e - 7 i4 01 H ©o - ; o o x sohrw imaa_ , i I EXHIBIT C SPECIALIZED FACILITIES N/A • 14 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 July, 2008, 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 1st each year, district and city shall agree upon a schedule, in writing, for the summer months 2 (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. 3 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 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 4 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 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. 3.7.6 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. 5 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 five (5) years and shall commence on July 1, 2008. 5.2 Option to Renew. The parties may extend this agreement by mutual agreement for an additional term of up to twenty (20) -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 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. 6 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) $1,000,000 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. 8. NOTICES 8.1 All formal notices, demands, and communication between the parties shall be given either by(i) personal service, (ll)delivery by reputable document delivery services such as Federal Express that provides a receipt showing date and time of delivery, or (iii) 7 mailing in the United States mail, certified, postage prepaid, return receipt requested, addressed to: If to District: Colton Joint Unified School District Attn: Director, Facilities Planning & Construction 851 S. Mt. Vernon Avenue, Suite 8 Colton, CA 92324 Fax: (909) 554-1882 With a Copy to: 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 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, 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 8 City of Grand Terrace Child Care Services or it agents, servants or employees. 9.3 Inconsistent Use. In the event that districts 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 parry'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 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 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. 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 10 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. SIGNATURES ON FOLLOWING PAGE II IN WITNESS WHEREOF the parties hereto have executed the agreement as of the date first above written. DATED: COLTON JOINT UNIFIED SCHOOL DISTRICT By: Name: Title: DATED: /0 -/V-0.41 City of Grand Terrace Nam • 11/2Aa i Title: APPROVED AS TO FORM: By: Lindsay A. Thorson, Esq. Atkinson, Andelson, Loya, Rudd 8 Romo APPROVED A TO FORM: By: 11W��G.'� Attorney for elf Grand Terrace 12 EXHIBIT A CITY FACILITIES N/A 13 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 14 Grand Terrace Elementary Sr o--)i -.A ', / e \\ wo e 0 ,��r LI / a z Q „ I 'a1 ° I— Al � w // — -'4if Eo..��AASED UV CID i a. can, oRor�M.�[RACE .. •. , , .aa r•-.' \ a :-- .A / a' E sCAEELRE i' -91Euo'-o. ; 1 9.5 A - Site Plan 1 —___._ i� I L: b � F i. 1 i=i E ' t o z __ n u c `v L. 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