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HomeMy WebLinkAbout2000-12-12; City Council; 16001; Joint Use Agreement-Swim Complex & Arts Center$7 j CITY OF CARLSBAD -- AGENDA b,LL / Lib )AB# lG,o0 r 1 TITLE : CITY-SCHOOL JOINT USE MTG. 11/l 2106 AGREEMENTS-SWIM COMPLEX CITY ATTY2 DEPT. REC AND CULTURAL ARTS CENTER CITY MGR 3 RECOMMENDED ACTION: City Council adopt Resolution No. #IO0 , approving agreements between the City of Carlsbad and the Carlsbad Unified School District for use of the Community Swim Complex and Community Cultural Arts Center, and authorizing the Mayor to execute them. ITEM EXPLANATION: Currently there is one agreement between the City and School District for use of both the Community Swim Complex and the Cultural Arts Center, which was approved in July of 1983. The Agreement was amended in 1985 to accommodate a request from the School District for increased use of the Swim Complex. In order to clarify the rights and responsibilities of each party the agreements for the two facilities have been separated. After City and District staffs reviewed the proposed agreements, the Carlsbad Unified School District Board approved them at their September 14’h meeting. For ease of comparison, a matrix of the current and proposed Use Agreement requirements is displayed on Exhibit 4. FISCAL IMPACT: The fees charged for use of the Swim Complex are approved by City Council as part of the annual Finance Department review of fees. The Use Agreement does not change any fees. The District currently pays about $8,715 for rental of 4,357 lane hours per year at the Swim Complex, with another 843 lane/hours of free physical education use. ~ ENVIRONMENTAL REVIEW: The Planning Director has determined that the project is not subject to CEQA pursuant to Section 15061 (b) (3) of the CEQA Guidelines because it can be seen with certainty that the activity in question has no possibility of a significant effect on the environment. EXHIBITS: 1. Resolution No.dm -38s 2. Agreement For Use of the Community Swim Complex between the City of Carlsbad and the Carlsbad Unified School District. 3. Agreement For Use of the Community Cultural Arts Center between the Carlsbad Unified School District and the City of Carlsbad. 4. Comparison of current and proposed Use Agreements I RESOLUTIONNO.2000-382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR USE OF THE COMMUNITY SWIM COMPLEX AND THE COMMUNITY CULTURAL ARTS CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreement between the City of Carlsbad and Carlsbad Unified School District for use of the Carlsbad Community Swim Complex, a copy of which is attached hereto and made a part hereof and is also on file in the City Clerk’s office, is hereby approved. 2. That certain agreement between the City of Carlsbad and Carlsbad Unified School District for use of the Carlsbad Community Cultural Arts Center, a copy of which is attached hereto and made a part hereof and is also on file in the City Clerk’s office, is hereby approved. 3. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California. held on the ,2000, by the following vote to wit: 12th day of December AYES: NOES: ABSENT: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin. None None CLAUDE A. LEWIS, Mayor - AGREEMENT FOR USE OF THE COMMUNITY SWIM COMPLEX BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made this 14th day of septemb= 2000, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as the CITY, and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, hereinafter referred to as the DISTRICT. RECITALS: WHEREAS the DISTRICT desires to provide educational and competitive aquatic programs for its students; and WHEREAS the CITY and the DISTRICT desire to cooperate with each other to provide the entire community with educational, recreational and competitive aquatic programs; and WHEREAS, State of California Education Code, Section 10902 authorizes and empowers school districts and municipalities to cooperate in the organization, promotion and conduct of programs for community recreation; and WHEREAS, the City and the DISTRICT desire to enter into a formal agreement defining the rights and responsibilities of each Party in connection with the use of the Community Swim Complex. NOW, THEREFORE, IN CONSIDERATION OF THESE RECITALS AND THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: I. DEFINITIONS The term “Swim Complex” as used in this agreement shall include the following facilities: the pool, deck areas, rest rooms, shower and dressing rooms, and parking lot. II. ADMINISTRATION The Swim Complex shall be administered, managed, operated and maintained by the CITY. This agreement shall be administered on behalf of the CITY by the Aquatic Supervisor. All matters relating to the DISTRICT’s use of the Swim Complex shall be coordinated by the Aquatic Supervisor. The Aquatic Supervisor shall be under the direction of the Recreation Director and shall be responsible for the day-to-day management of the Swim Complex. a. This agreement shall be administered on behalf of the DISTRICT by the Athletic Director of Carlsbad High School. Ill. USE a. The CITY shall have use of the Swim Complex for any and all purposes and at all times except as otherwise expressly provided in paragraph b and c of this section. b. During those days that Carlsbad High School is in session, the City shall provide the DISTRICT’S students with the use of the Swim Complex as follows: From the beginning of the school year in September through the end of the school year in June: eight (8) lanes from 7:30 a.m. to 9:15 a.m.; ten (10) lanes from 2:45 p.m. to 4:45 p.m. and six (6) lanes from 4:45 to 5:15 p.m. c. The DISTRICT may request to schedule and hold special events such as swimming competitions (meets) and water polo games during the school week, during the term of this agreement. The DISTRICT shall have exclusive use of the pool (lanes one through ten) during special events upon written request. d. e. f. The specific dates and inclusive times of such special events shall be given to the Aquatic Supervisor by the Athletic Director no later than the first day of the season for each sport (swimming, boys water polo, and girls water polo). Notice of any change in requested special event use shall be given to the Aquatic Supervisor as soon as possible, and no less than seven (7) working days prior to the special event. Failure to submit a special event use request’ ten days in advance may result in denial of the special event request. The Athletic Director shall provide the Aquatic Supervisor with the specific start and end dates of the coming school year no less than forty-five (45) days prior to the first date of requested use. Use of the Swim Complex by the DISTRICT during times other than those provided in paragraph b and c of this section, may be obtained by submitting a Public Facility Use Application to the Aquatic Supervisor. The Public Facility Use Application may be approved by the Supervisor if the CITY determines the Swim Complex is available and the use is consistent with CITY programs. The DISTRICT has priority use of the Swim Complex during the times provided in paragraph b and c of this section. However, the CITY has the option to schedule CITY activities during time and /or in pool space that the DISTRICT is not utilizing. IV. CONDITIONS OF DISTRICT USE a. During the periods scheduled for DISTRICT use, DISTRICT shall be responsible for administration, direction and supervision of its programs, students and personnel. The DISTRICT shall be responsible for the maintenance of good order and conduct in the use of the Swim Complex. 3 The premises shall be used by the DISTRICT in keeping with the best accepted practices to assure proper standards of conduct, safety, cleanliness and health. The DISTRICT shall be responsible for enforcing the CITY’s adopted rules for the operation and use of the pool. b. The DISTRICT shall provide any educational or competitive training items needed for the DISTRICT’s programs, including but not limited to kickboards, pull buoys, pace clocks, water polo balls, goals and lane lines. These supplies shall be stored separately from CITY property. The CITY may, at its discretion, allow the DISTRICT to place a storage building on the deck area of the Swim Complex. If such storage building is allowed, the DISTRICT shall maintain its aesthetic and structural integrity to conform with the Swim Complex. The DISTRICT shall be solely responsible for security and maintenance of DISTRICT supplies and equipment. c. The DISTRICT may install and maintain at its expense, appurtenant equipment such as instructional aids and competitive items that are peculiar to its needs and uses. If such equipment will involve alteration to the Swim Complex, the installation of such equipment shall be subject to the written approval of the CITY’s Aquatic Supervisor. V. MAINTENANCE a. Except as otherwise specified herein, the CITY shall manage, maintain and operate the Swim Complex and all related CITY owned facilities. It shall be the duty of the CITY to regularly inspect the Swim Complex, to insure that it is maintained in good repair and in safe sanitary condition. The CITY shall provide for trash disposal. 4 b. Pool maintenance may require the Swim Complex to be closed from time to time. The CITY shall make reasonable efforts to schedule maintenance activities during periods when the Swim Complex is not being used by the DISTRICT. The CITY reserves the right to close the Swim Complex at any time it determines necessary for the proper operation, maintenance and repair of :Se Swim Complex or for any reasons of health and safety. When such scheduled closure is necessary, the DISTRICT shall be given seven (7) working days written notice. c. Except for normal wear and tear or damage caused without fault, or by persons’or instruments not under the control or supervision of the agency having the use of the facility at the time, any damage to the Swim Complex shall be the responsibility of the agency using the facility at the time. The DISTRICT shall give written notice to the CITY within one (1) day of any damage to the Swim Complex. The DISTRICT shall not commit, or allow to be committed, any waste or injury or any private or public nuisance on the premises. If damage occurs to the Swim Complex while being used by the DISTRICT, the DISTRICT shall reimburse the CITY for the cost of repairs. VI. PAYMENT a. The DISTRICT shall pay to the CITY a pool rental fee which shall be set by the City Council by resolution after consultation with the DISTRICT’S Business Manager. b. The DISTRICT shall pay the rental fee to the CITY for all scheduled and approved use unless notice of cancellation of specific swim or water polo pracfice use is given to the Aquatic supervisor no less than seven (7) working days in advance. The Athletic Director shall immediately notify the Aquatic Supervisor of any canceled special event use due to unforeseen circumstances. 5 c. When CITY staff labor is required to set-up or take down equipment for a special event or to perform maintenance such as additional cleaning after a special event, the DISTRICT shall pay the CITY for such service according to the fee schedule approved by the CITY Council. d. The CITY shall provide lifeguard service during DISTRICT’s use. The DISTRICT shall pay the CITY for lifeguard service provided during exclusive DISTRICT special event use conducted beyond or outside of regularpractice times as specified in paragraph 111.b. of this agreement The fee for lifeguard service shall be set according to the fee schedule approved by CITY Council resolution. e. The CITY shall send an invoice to the DISTRICT at the end of each month. The invoice shall detail the rental fees and other charges payable to the CITY. The DISTRICT shall pay the CITY the amount due, as shown on the invoice, within ninety (90) days of receipt of the billing invoice. f. Payment for use not included in paragraph 1ll.b. or 1ll.c. of this agreement shall be charged at the standard non-profit pool rental rate as set by CITY Council resolution. VII. HOLD HARMLESS AGREEMENT a. DISTRICT agrees to indemnify and hold harmless the CITY and officers, officials, employees and volunteers from and against claims, damages, losses and expenses including attorneys fees arising out of DISTRICT’s use of the Swim Complex, whether caused by any willful misconduct, or negligent act, or omission of DISTRICT or anyone directly or indirectly employed by the DISTRICT, or anyone whose acts it may be liable. VIII. INSURANCE a. The CITY maintains at its expense a public liability insurance program to protect against the CITY’s liabilities and for damages due to bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of the CITY or any person acting for the CITY or under the CITY’s control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for the CITY or under the CITY’s control or direction. Such program shall be maintained in full force and effect during the entire term of this agreement. b. The DISTRICT agrees to obtain and maintain at its expense public liability insurance to protect against the DISTRICT’s liabilities and for damages due to bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of the DISTRICT or any person acting for the DISTRICT or under the DISTRICT’s control or direction, and also to protect against loss from liability for damages to any property of any person caused directly or indirectly by or from acts or activities of any person acting for the DISTRICT or under the DISTRICT’s control or direction. Such insurance shall be maintained in full force and effect during the entire term of this agreement. c. The CITY and the DISTRICT shall keep and maintain in full force and effect during the term of this agreement, fire insurance covering the CITY Swim Complex and any personal property therein. IX. DURATION OF CONTRACT This agreement shall extend for a period of five (5) years from date thereof. The Use Agreement may be extended by the CITY Manager for ten (IO) additional one (1) year periods or parts thereof, based upon review of the CITY’s needs. The parties shall prepare extensions in writing indicating date and length of the extended contract. X. TERMINATION a. This agreement may be terminated at any time by either party upon ninety (90) days written notice to the other party. b. In the event that the Swim Complex is damaged due to some unforeseen event, to the extent that in the opinion of the CITY it cannot be economically repaired, this agreement may be terminated immediately upon that determination. Xl. REVIEW The City Manager and the District Superintendent, or their appointed representatives, shall meet annually or more often for purposes of reviewing the implementation of this agreement. By mutual agreement, the CITY and the DISTRICT may amend the agreement in writing. XII. ENTIRE AGREEMENT This agreement, together with any other document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. XIII. NOTICE. Any notice or notices required or permitted to be given by this agreement may be personally served on the other party by the part giving such notice, or may be served by 8 certified mail, return receipt requested. Until written notice of change of address is given, mailed notices may be addressed to the parties at the following addresses: CITY: City of Carlsbad Recreation Director 1200 Carlsbad Village Drive Carlsbad, CA 92008-I 989 DISTRICT : Carlsbad Unified School Disrtict 801 Pine Avenue Carlsbad, CA 92008-2430 IN WITNESS THEREOF, the parties hereto have executed this agreement on the date first above written. Carlsbad Unified School District CITY OF CARLSBAD DATE: DATE: September 14, 2000 December 19, 2000 ATTEST: Janice Brietenfeld, Deputy City Clerk APPROVED AS TO FORM: . RONALD R. BALL CITYATTORNEY WORDlCARL’S/MY DOCSiCHS/AGREEMENT-USE SWIM COMPLEX-COC & CUSDlSlSlOO I:40 PM 9 AGREEMENT FOR USE OF THE CULTURAL ARTS CENTER BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made this 14th day of September 2000, between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as the CITY, and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA, hereinafter referred to as the DISTRICT. RECITALS: WHEREAS, the DISTRICT desires to provide cultural programs for its students; and WHEREAS, the CITY and the DISTRICT desire to cooperate with each other to provide the entire community with cultural arts programs; and WHEREAS, State of California Education Code, Sections 38130 et. seq., the Civic Center Act, authorizes and empowers school districts to grant the use of school facilities or grounds as a civic center for artistic, recreational and educational community programs; and WHEREAS, the CITY and the DISTRICT desire to enter into a formal agreement defining the rights and responsibilities of each party in connection with the use of the Cultural Arts Center; NOW, THEREFORE, IN CONSIDERATION OF THESE RECITALS AND THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: I. DEFINITIONS The term “Cultural Arts Center” as used in this agreement shall include all related facilities, auditorium, restrooms and dressing rooms, lobby, ticket office and patio. CULTURAL ARTS CENTER AGREEMENT II. NISTRATION a. The Cultural Arts Center shall be administered on behalf of the DISTRICT by the Theatre Operations Manager. All matters relating to the CITY’S use of the Cultural Arts Center shall be coordinated by the Theatre Operations Manager. The Theatre Operations Manager shall be under the direction of the DISTRICT’S Assistant Superintendent, Business Services, and shall be responsible for the day-to-day management of the Cultural Arts Center. b. This agreement shall be administered on behalf of the CITY by the Arts Manager. III. USE a. The DISTRICT shall have the use of the Cultural Arts Center for any and all purposes and at all times except as otherwise provided in paragraphs b, c, and d of this section. b. The DISTRICT shall provide the CITY with use of the Cultural Arts Center as follows: Free use of the facility according to a schedule mutually agreed upon by the Theatre Operations Manager and CITY staff. On occasion, additional space may be needed at Carlsbad High School in conjunction with a scheduled event. Once the space is confirmed by the Carlsbad High School administration, all terms and conditions of the agreement shall hold for the additional space as well. C. The CITY may schedule and hold special events during the term of this agreement. The CITY shall have exclusive use of the Cultural Arts Center during those scheduled special events upon request. The specific dates and inclusive times of such special events shall be given to the Theatre Operations manager no later than July 1, for the following academic year. Notice of any change in requested use shall be given to the Theatre Operations Manager no later than fourteen (14) days prior to the special event. The DISTRICT will inform the CITY of confirmed dates by August 1 for the coming year. d. Use of the Cultural Arts Center by the CITY, during times other than those provided in this section, may be obtained by submitting a Facility Use Application for the Cultural Arts Center which 2 Rev. 6/7/00 CULTURAL ARTS CENTER AGREEMENT may be approved by the Theatre Operations Manager if the DISTRICT determines the Cultural Arts Center is available. e. The CITY has priority use of the Cultural Arts Center during the times provided in paragraph b, c, and d of this section. However, the DISTRICT may have the option to schedule DISTRICT activities during such hours that the CITY is not utilizing the Cultural Arts Center. IV. CONDITIONS OF CITY USE a. During the period scheduled for CITY use, CITY shall be responsible for administration, direction, and supervision of its programs and personnel. The CITY shall be responsible for the maintenance of good order and conduct in the use of the Cultural Arts Center. The premises shall be used by the CITY in keeping with the best accepted practices to assure proper standards of conduct, safety, and health. The City shall be responsible for enforcing the DISTRICT’S adopted rules for the operation and use of the Cultural Arts Center. V. MAINTENANCE a. Except as otherwise specified herein, the DISTRICT shall manage, maintain and operate the Cultural Arts Center and all related DISTRICT owned facilities. It shall be the duty of the DISTRICT to regularly inspect the Cultural Arts Center, to insure that it is maintained in good repair and in safe condition. The DISTRICT shall provide for trash disposal. b. The DISTRICT shall make reasonable efforts to schedule maintenance activities during periods when the Cultural Arts Center is not being used by the CITY. The DISTRICT reserves the right to close the Cultural Arts Center at any time it determines necessary for the proper operation, maintenance and repair of the Cultural Arts Center or for reasons of health and safety. When such scheduled closure is necessary, the CITY shall be given ten (10) days written notice. C. Except for normal wear and tear or damage caused without fault, or by persons or instruments not under the control or supervision of the agency having the use of the facility at the time, any damage to the Cultural Arts Center shall be the responsibility of the agency using the facility at the time. The 3 Rev. 6/7/00 CULTURAL. ARTS CENTER AGREEMENT VIII. DURATION OF CONTRACT This agreement shall extend for a period of two years from the date of execution of this agreement. IX. TERMINATION a. This agreement may be terminated at any time by either party upon ninety (90) days written notice to the other party. b. In the event that the Cultural Arts Center is damaged due to some unforeseen event, to the extent that in the opinion of the DISTRICT it cannot be economically repaired, this agreement maybe terminated immediately upon that determination. X. REVIEW The City Manager and the District Superintendent, or their appointed representatives, shall meet annually or more often for purposes of reviewing the implementation of this agreement. By mutual agreement, the CITY and the DISTRICT may amend the agreement in writing. XI. ENTIRE AGREEMENT This agreement, together with any other document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter thereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. The prior agreement between the CITY and the DISTRICT dated July 13, 1983, entitled “AGREEMENT FOR USE OF COMMUNITY SWIMMING POOL AND THE CULTURAL ARTS CENTER BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD UNIFIED SCHOOL DISTRICT” is superseded by this agreement. 5 Rev. 6/7/00 I CULTURALARTSCENTERAGREEMENT XII. POTICE Any notice or notices required or permitted to be given by this agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested. Until written notice of change of address is given, mailed notices may be addressed to the parties at the following addresses: CITY: Arts Manager Carlsbad Arts Office 1200 Carlsbad Village Drive Carlsbad, CA 92008- 1989 DISTRICT: Carlsbad Unified School District 8 0 1 Pine Avenue Carlsbad, CA 92008-2430 Attn: Superintendent IN WITNESS THEREOF, the parties hereto have executed this agreement on the date first above written. ed School Dist September 14, 2000 December 19, 2000 Date Date ATTEST: City Clerk Janice Brietenfled, Deputy City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Rev. 6/7/00