HomeMy WebLinkAbout2014-08-26; City Council; 21714; Approve Agreement Carlsbad Unified School District and City to Maintain, Utilize Multipurpose Field Areas, Tennis Courts, School GroundsCITY OF CARLSBAD - AGENDA BILL
APPROVE THE JOINT USE AND COMMUNITY
RECREATION AGREEMENT BETWEEN
CARLSBAD UNIFIED SCHOOL DISTRICT AND
CITY OF CARLSBAD TO MAINTAIN AND
UTILIZE MULTIPURPOSE FIELD AREAS,
TENNIS COURTS AND SCHOOL GROUNDS
DEPT.DIRECTOR
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2014-207 approving the Joint Use and Community Recreation
Agreement between Carlsbad Unified School District and City of Carlsbad to maintain and utilize
multipurpose field areas, tennis courts and school grounds.
ITEM EXPLANATION:
The 1989 Joint Use and Community Recreation Agreement between Carlsbad Unified School District and
City of Carlsbad has been amended and updated as a result of joint discussions between Parks &
Recreation Department staff and Carlsbad Unified School District representatives.
The amended agreement describes the responsibilities of both parties for maintenance and use of
multipurpose fields, tennis court, and school grounds. The proposed agreement includes minor wording
revisions, and the addition of school multipurpose fields (Valley lower field, Kelly, and Hope) that are not
currently maintained by the City under the existing agreement. Based on the terms of this agreement,
the City will be responsible for maintaining a combined total of 27.41 acres of multipurpose fields, tennis
courts, and school grounds.
Facility Acres
Magnolia field 4.0
Jefferson field 2.3
Buena Vista lower field 2.48
Carlsbad High School tennis courts 1.26
Valley Middle School upper and lower fields 8.5
Aviara Oaks Middle School field 3.17
Kelly field 2.9
Hope field 2.8
The Governing Board ofthe Carlsbad Unified School District met on Dec. 4, 2013 and approved the
revised agreement (Exhibit 2).
DEPARTMENT CONTACT: Mick Calarco 760-434-2859 mick.calarco@carlsbadca.gov
FOR CLERK USE.
10^ COUNCIL ACTION: APPROVED 10^ CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
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FISCAL IMPACT:
The total increased cost for assuming responsibility ofthe additional 17.37 acres underthe proposed
agreement is not to exceed $30,000 for one time refurbishments/retrofits, and $75,000 annually for
ongoing routine maintenance. These costs were accounted for with recently identified savings from the
Parks & Recreation Department 2014-15 FY operating budget.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution No. 2014-207 approving the Joint Use and Community Recreation Agreement
between Carlsbad Unified School District and City of Carlsbad to maintain and utilize multipurpose field
areas, tennis courts and school grounds as identified in the agreement for recreational programming.
2. Carlsbad Unified School District "Exhibit A: Joint Use and Community Recreation Agreement between
Carlsbad Unified School District and City of Carlsbad" (as amended).
H-! B (T ,1
1 RESOLUTION NO. 2014-207
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, APPROVING THE JOINT USE AND COMMUNITY
RECREATION AGREEMENT BETWEEN CARLSBAD UNIFIED SCHOOL
4 DISTRICT AND CITY OF CARLSBAD TO MAINTAIN AND UTIUZE
MULTIPURPOSE FIELD AREAS, TENNIS COURTS AND SCHOOL
5 GROUNDS.
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y WHEREAS, a Joint Use and Community Recreation Agreement between Carlsbad Unified
8 School District and City of Carlsbad is necessary for the Parks & Recreation Department to
^ maintain and utilize designated multipurpose fields, tennis courts and school grounds to
provide for community recreational needs, and;
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WHEREAS, the existing agreement has been revised and updated to accurately reflect
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current and new maintenance and use responsibilities of both the City and the District, and;
^4 WHEREAS, the City Council and the Carlsbad Unified School District Governing Board are
15 in accord with the terms of the attached agreement (Exhibit 2),
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows that:
1. The above recitations are true and correct.
2. That the Joint Use and Community Recreation Agreement between Carlsbad
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21 Unified School District and City of Carlsbad attached hereto and made a part hereof
22 is approved.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 26**' day of August, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
ATTEST:
.^BARBARA ENGLESON, 'City Clerk
Exhibit A
JOINT USE AND COMMUNITY RECREATION AGREEMENT
BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT
AND
CiTY OF CARLSBAD
THIS AGREEMENT ("Agreement") made and entered into as ofthe 4 day ofVzczmbZA ,
2013, by and between CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and
the Carlsbad Unified School District, State of Caiifornia, hereinafter referred to as "District".
WITNESSETH
WHEREAS, the governing bodies ofthe City and District are mutually interested in an adequate
program of community recreation under the auspices ofthe City Parks & Recreation Department, in
cooperation with the District; and
WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7 of Division 1, Title 1
ofthe Education Code ofthe State of California (sections 10900-10914.5) to facilitate a community
recreation program and activities within or without their territorial limits; and
WHEREAS, said governing bodies are authorized to enter into agreements with each other, to
promote the health and general welfare ofthe community and contribute to the attainment ofthe
general recreation objectives forthe children and adults within the community; and
WHEREAS, the City has established a "Parks & Recreation Department" responsible for caring
out the purposes of community recreation; and
WHEREAS, in the interest of providing the best service with the least possible expenditure of
public funds, cooperation between the City and the District is necessary;
WHEREAS, the purpose of this Agreement is to define the City's joint use of District facilities,
with separate agreements governing the District's use ofthe City's aquatic facilities.
NOW, THEREFORE, the City and District agree as follows:
1. The District will make available to the City certain school buildings (gymnasiums), and multi-
purpose fields, and related equipment at select school sites (collectively, "Joint Use Facilities") forthe
purpose of facilitating a diversified community recreational program. The Joint Use Facilities to be
utilized pursuant to this Agreement shall include those specified in Section 10 ofthis Agreement, or any
other such facilities that are subsequently agreed to in writing by the District and City, as approved by
the City Manager and the District's Superintendent ("Superintendent") or their designated
representatives.
1 i P a g e
Exhibit A
2. The use of the Joint Use Facilities pursuant to this Agreement shall be in accordance with the
regular procedures of the District in granting requests for use of school facilities, as specified by Chapter
10 (commencing with Section 10900) of Part 7, Division 1, Title 1 of the Education Code for the State of
California and the policies, rules and regulations ofthe District's Governing Board ("District Board").
3. The recreation programs scheduled by the City at the Joint Use Facilities shall be open on equal
terms to all persons residing within the boundaries ofthe District and City, but such participation shall
be subject to rules and regulations adopted by the City Council and the School District. It shall be the
responsibility ofthe City to enforce the adherence of its permitted user groups to all rules and
regulations established by the City and the District at the Joint Use Facilities. Failure to follow
established rules and regulations may result in the denial of a request to use or access the Joint Use
Facilities. If the District is impacted by the failure of a City scheduled user group to follow the rules
and regulations, the District may in cooperation with the City, terminate the right of that user group
to utilize the Joint Use Facilities.
4. A schedule of dates for the use of the Joint Use Facilities will be coordinated in advance by the
City and the District through separate scheduling agreements prepared biannually. The schedule will be
arranged as to avoid conflict between school and other recreational use. The scheduling of said facilities
by the Parks & Recreation Department for the purposes specified in this Agreement shall have second
priority to those school events and programs scheduled by the District consistent with the biannual
scheduling agreement.
5. In the event of any dispute or conflict arising as a result of the recreation program being
conducted at the Joint Use Facilities, said dispute or conflict shall be settled by appealing to the City
Manager and the Superintendent ofthe District ("District Superintendent"), in accordance with
established policies and procedures ofthe District and City.
6. The Parks & Recreation Department will provide or cause to be provided all expendable
materials (i.e. bats, balls, etc.) necessary for facilitating the recreational programs for all ages that will be
conducted at the Joint Use Facilities, to the extent scheduled and conducted by the Parks & Recreation
Department.
7. The City may install and will maintain irrigation systems, turf, ground cover, shrubs, trees,
related amenities (backstops, dugouts, fencing, benches, etc.), and additional recreational equipment
not in conflict with school use, on school property in areas agreed upon by the City Manager or
designee, subject to the prior approval by the District Superintendent.
The City will provide general landscape and grounds maintenance services of multipurpose fields
including, but not necessarily limited to irrigating, mowing, aerating, fertilizing, renovating, weeding,
trimming, staking, disease treating, rodent/pest controlling (NO FUMIGATION ALLOWED ON DISTRICT
SITES), and litter/trash collecting, as welt as related amenities/equipment maintenance, including, but
not limited to, sanding, painting, strapping, tying, anchoring, graffiti removal, and drainage. The City
and/or its agents shall have the right to daily access to the involved properties for maintenance
purposes as needed, subject to applicable City ordinances and reasonable regulation by the District for
2 I Page
Exhibit A
purposes of monitoring and protecting student safety. The City will provide the District Facilities
Department a current "Schedule of Maintenance" for all sites listed in Section 10 of this Agreement, as
well as those sites added pursuant to Section 1 ofthis Agreement.
Any plans, specifications, and installations of new equipment or new construction of facilities for
community recreation purposes or otherwise shall be at the City's expense, shall have prior approval by
the District Superintendent, shall meet standards established in the California Education Code and Code
of Regulations, and shall receive the approval, as required, ofthe California Division of the State
Architect ("DSA"). All structures on school grounds shall be constructed or modified in strict compliance
with the requirements of DSA.
8. All structures or improvements constructed on the Joint Use Facilities site or installed thereon
by City with the District's approval (the "Improvements"), shall become and thereafter remain the
property of the District AS-IS and without any warranty of any kind. The District may require the City, at
the City's expense, to immediately remove any unapproved new structures that are installed in violation
ofthe requirement of DSA or the Field Act, as set forth in Articles 3 and 6 (commencing with Sections
17280 and 17365, respectively) of Chapters, Part 10.5, Division 1, Title 1 ofthe Education Code.
9. Prior to the installation by the City of any improvements, as mutually agreed upon by the City
and the District, the City and District shall agree on the fair market value and anticipated service life of
said improvement. Should the District exercise its option to terminate all or part ofthe Joint Use and
Community Recreation Agreement, a prorated value for the specific improvement shall be assessed and
paid to the City by the District.
3 I Page
7
Exhibit A
10. The District and the City agree to the use of the following specific Joint Use Facilities:
a. The City has the option to schedule the use of approved Joint Use Facilities, subject to
the limitations set forth in this Agreement.
b. The City will maintain the multipurpose field areas and/or school grounds on the
following "Joint Use Facilities":
Magnolia Field 4.0 acres
Jefferson Field 2.30 acres
Buena Vista Lower Field 2.48 acres
Carlsbad HS Tennis Courts 1.26 acres
Valley Middle School 8.5 acres
(Upper and Lower Fields (including adjoining slopes)
Aviara Oaks Middle School Field 3.17 acres
Kelly Field 2.90 acres
Hope Field 2.80 acres
Totaling 27.41 acres
c. City will have access during scheduled use to the parking lots affiliated with the listed
schools above, unless they have been previously scheduled by the District for District
use consistent with the biannual scheduling agreement.
d. City may schedule the after-school, weekend, holiday, and summer use of all District
approved school grounds and multipurpose fields, when avaiiabie and not already
scheduled for District use consistent with the biannual scheduling agreement.
e. The City may utilize the School buildings (gymnasiums) provided applicable rental
requirements are satisfied and a standard fee established and approved by the District is
paid.
11. Except as expressly provided in this Agreement, the District shall be responsible for all costs
relating to maintenance, repair, and replacement of District owned and maintained facilities and
grounds.
12. For the purposes of this Agreement, all persons employed in the performance of services and
functions for City shall be deemed City employees and no City employee shall be considered to be an
employee ofthe District or under the jurisdiction of the District, nor shall such City employees have any
4 I Page
Exhibit A
District pension, civil service, or other status while an employee ofthe City. The District shall not be
responsibte for the payment of any salary, wage, or other compensation to any City personnel
performing services hereunder for City. City shall not be liable for compensation or indemnity to any
District employee for injury or sickness or wages arising out of his/her employment with District.
13. The District agrees that during the time that the City has use of the Joint Use Facilities, City may
charge admissions fees for amateur athletic contests, demonstrations or exhibits, and other educational
and non-commercial events. Such fees shall be levied and collected by the City, and shall remain the
property of the City. Admission fees, however, may not be charged for any other type of events. In the
use of Joint Use Facilities under this Agreement, City agrees to comply with all ofthe requirements of
the Education Code, including, but not limited to, the Civic Center Act as set forth in Education Code
Section 38130 etseq., setting forth the limitations, requirements, and restrictions on the use ofthe Joint
Use Facilities, and the fees that may be charged forthe use thereof.
14. It is understood and agreed that all activities at the Joint Use Facilities sponsored by District shall
be supervised and conducted by District, and that all activities facilitated by City at the Joint Use
Facilities, pursuant to this agreement, shall be monitored by City staff as necessary. Each party shall be
responsible for said areas during their period of use, and will bear the costs of all necessary supervising
or teaching personnel during said period.
15. insofar as it is legally authorized, the District shall hold free and harmless and defend the City,
members ofthe City Council, boards or commissions, its employees, officers, agents, and volunteers,
while acting as such ("City Agents"), from all claims, losses, damages, costs, expenses or liability which
may arise by reason of liability imposed by law because of injury to property or injury to or death of
persons, received or suffered by reason of or result of (1) any defective or dangerous condition of any
ground, site, building, equipment, play areas recreation facilities or other improvement located on the
Joint Use Facilities owned and maintained by District, or (2) participation in any activity carried out or
sponsored by the District, or (3) any school activity being conducted on said premises by the District.
Notwithstanding the foregoing, in no event shall the District be required to indemnify, hold harmless, or
defend the City for any claims, losses, damages, costs, expenses, or liabilities to the extent arising from
the City or the City Agents' sole or active negligence or willful misconduct, or from defective or
dangerous conditions either caused by the City or the City Agents, or those known by the City or the City
Agents and not reported to the District.
16. Insofar as it is legally authorized, the City shall hold free and harmless and defend the District,
members ofthe Board of Trustees, its employees, officers, agents, and volunteers, while acting as such
("District Agents"), from all claims, loss, damages, costs, expenses or liability which may arise by reason
of liability imposed by law because of Injury to property or injury to or death of persons, received or
suffered by reason of or result of (1) operation by the City of a City recreational program on or at the
Joint Use Facilities, (2) the City's development ofthe athletic fields on or at the Joint Use Facilities or the
City's performance of its obligations under this Agreement, or (3) a direct result of any recreational
activity being conducted on the Joint Use Facilities by the City. Notwithstanding the foregoing, in no
event shall the City be required to indemnify, hold harmless, or defend the District for any claims, losses,
5 I P a ge
Exhibit A
damages, costs, expenses, or liabilities to the extent arising from the District or the District Agents' sole
or active negligence or willful misconduct. For all purposes of this Agreement, the use by any individual
or group of the Joint Use Facilities as a result of the City's rights hereunder shall be deemed a use by the
City of the Joint Use Facilities. The City's obligations under this section shall include the obligation to
defend, indemnify, and hold harmless the District from and against any Workers' Compensation suits,
liability, or expense arising from or connected with sen/ices performed on behalf of the City by any
person pursuant to, or as a result of, this Agreement, or by way of their employment with the City.
17. The District shall carry property damage and public liability insurance that cover the Joint Use
Facilities and other areas and activities set forth in this Agreement. The City's property damage and
public liability insurance shall include all areas and activities set forth in this Agreement under their self-
insurance program. Each party shall maintain limits of no less than (1) general liability coverage of at
least $5,000,000 per occurrence, $10,000,000 aggregate for bodily injury, personal injury, and property
damage, and (2) workers' compensation coverage in an amount sufficient to satisfy statutory limits and
employer's liability in the amount of $1,000,000 per accident for bodily injury or disease. For the
General Liability policy, the other party, as well as their council members, board members, officers,
officials, employees, agents, volunteers, and contractors, shall be named as additional insured's, with an
endorsement evidencing such coverage to be provided to the other Party. Said coverage shall be
primary insurance as respects the other Party, and its council members, board members, officers,
officials, employees, agents, volunteers, and contractors. Any deductibles or self-insured retentions in
excess of $10,000 must be declared to and approved by the other Party. A policy of self-insurance may
satisfy the foregoing obligations. The Parties shall furnish the other Party with original certificates and
amendatory endorsements evidencing the coverage required herein, and complete certified copies of
the underlying policies shall be provided on request.
18. The parties hereto acknowledge that there have been no representations made by either to the
other not contained herein upon which either party is relying which has induced execution herein. This
agreement embodies the entire agreement and understanding between the parties hereto relating to
the subject matter hereof.
19. The City and its permitted user groups shall have only access to those area specified in this
Agreement. The City and its permitted user groups shall not trespass or loiter in other areas of the
school sites.
20. The term of this Agreement shall be for a length of ten years, renewable by mutual agreement
between the City and the District. In addition, the terms ofthis Agreement may be modified at any time
by mutual consent and written agreement of the respective parties.
21. Nothing in this Agreement is intended to affect the District's fee ownership of the Joint Use
Facilities. The City shall neither encumber, nor permit the encumbrance of, any portion of the Joint Use
Facilities. The City shall neither record, nor permit the recording of, any lien, including any mechanics or
other liens or encumbrances of any nature with respect to the Joint Use Facilities. The City shall not
6 i Page
Exhibit A
pledge, assign or transfer, or collaterally assign, pledge or transfer any portion of the Joint Use Facilities,
including any improvements thereon.
22. Nothing in this Agreement shall be construed to prohibit the District from participating
financially in a specific recreation program when mutually agreed upon by the Board and the City
Council.
23. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and
assigns ofthe Parties. The City shall not, without written consent ofthe District, assign its rights and/or
obligations under this Agreement without the consent of the District. The District shall not, without
written consent of the City, assign its rights and/or obligations under this Agreement without the
consent of the City.
24. If any Article, Section, Subsection, term, provision, covenant or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining Articles,
Sections, Subsections, terms, provisions, covenants and conditions ofthis Agreement shall continue in
full force and effect.
25. Failure by either Party to enforce any term, condition, restriction, or provision of this
Agreement, in any certain instance or on any particular occasion, shall not be deemed a waiver of such
enforcement right with respect to that or any future breach of the same or any other term, condition,
restriction or provision herein.
26. Non-performance by any Party of any obligation set forth herein shall be excused when it is
reasonably prevented or delayed by reason ofany act, event, or condition reasonably beyond the
control of that Party for any of the following reasons: (i) war, insurrection, significant and substantial
civil commotion, riot, flood, severe weather, earthquake, fire, casualty, acts of public enemy, acts of
God, governmental restriction other than ofthe non-performing Party, litigation (including, without
limitation, litigation contesting the validity of, or seeking the enforcement or clarification of, this
Agreement whether instigated by the District, City, or any other person or entity), acts or failures to act
of any governmental agency or entity other than the non-performing Party; (ii) inability after best efforts
to secure necessary labor, materials or tools, strikes, lockouts, other labor disputes, or delays of any
contractor, subcontractor or supplier; or (iii) inability after best efforts to obtain and consummate
necessary financing, or delays caused by any lender or third party relating thereto, provided, however,
that any delay based upon this clause shall not be excused beyond one year.
27. This Agreement and all rights and obligations arising out of it shall be construed in accordance
with the laws ofthe State of California. Any arbitration, litigation or other proceeding arising out ofthis
Agreement shall be conducted only in the County of San Diego.
28. In interpreting this Agreement, it shall be deemed to have been prepared by the Parties jointly
and no ambiguity shall be resolved against either Party on the premise that it or its attorneys was
responsible for drafting this Agreement or any provision hereof. The captions or headings set forth in
7 I Page
Exhibit A
this Agreement are for convenience only and in no way define, limit, or describe the scope or intent or
any Article, Section, or other provision hereof.
29. Nothing in this Agreement shall be construed as authorizing the recovery by, or award to, the
prevailing Party in any action or other proceeding arising from this Agreement of attorneys' fees, costs,
and expenses.
30. The Recitals stated herein are hereby incorporated into, and are effective and operative parts
of, this Agreement.
31. This Agreement may be terminated without cause by either party as of June 30 of any fiscal year
for any reason upon at least 180 days' written notice to the other. In the event of a default of any
obligation by either party, the non-defaulting party shall be entitled to terminate this Agreement with
30 days' notice, provided the non-defaulting party has first provided the defaulting party with a notice
of default and a 60-day opportunity to cure said default.
32. This Agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument. Signature pages may be detached from
counterpart originals and combined in one or more copies ofthis Agreement to physically form copies of
this Agreement having original signatures of both Parties.
8 I Page
A.
Exhibit A
ATTEST:
Barbara Engleson,'City Clerk
CITY OF CARLSBAD, a municipal Corporation ofthe State of California
Matt Hall, Mayor
CARLSBAD UNIFIED SCHOOL DISTRICT
APPROVED AS TO FORM:
CELIA BREWEfirCilvAttorney
Assistant City Attorney
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