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HomeMy WebLinkAbout1988-10-17; Parks & Recreation Commission; 1088-6; City/CUSD Facility Maintenance AgreementPARK 5 RECREATION COMMISSION - AGENDA BILL AB* 1088-6 MTG 10-17-88 OPPT P 6 R TITLE: CITY/C.U.S.D. MAINTENANCE FACILITY AGREEMENT DEPT. HD. CITY ATTY CITY MGR. RECOMMENDED ACTION: Endorse the proposed Facility Maintenance Agreement and recommend approval by the City Council. ITEM EXPLANATION; City staff and Carlsbad Unified School District representatives have worked cooperatively to revise the existing Facility Maintenance Agreement for the joint use of school sites. The principle revisions include the use of Hope Elementary School, provisions of the 1986 Park Bond Act Rehabilitation projects for lower Buena Vista athletic field and the Valley Jr. High School tennis courts, and the distribution of shared maintenance responsibilities (Exhibit 1). City and School District staff are in accord, and will be presenting the Agreement to their respective Boards for approval. FISCAL IMPACT; Maintenance Cost of School District Sites Total Acreage Maintained = TOTAL: $ 7,000 acre/yr. x 13.39 acre $93,730 / year EXHIBITS; 1. City/CUSD Facility Maintenance Agreement. HO zo t/5 o CJ EXHIBITS; 1. List of Committees OQ4b September 23, 1988 TO: FRANK MANNEN, ASSISTANT CITY MANAGER FROM: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR CITT/C.U.S.D. FACILITY MAINTENANCE AGREEMENT RECOMMENDATTOM: Meet with the city and Carlsbad Unified School District (CUSD) Coordinating Committee to give an update on the 86 Park Bond Act projects that effect District property. Discuss staff's proposal on the revision of the Use and Maintenance Agreement that is equitable to both entities. 86 PARK BOND ACT: 1. Buena Vista Lower Playfield (turf) $25,000 2. Valley Junior High tennis courts (resurfacing) 20,000 3. Carlsbad High tennis courts (lighting) 86,000 The Parks and Recreation Commission and city Council have previously approved the above projects. The CUSD Board of Trustees rendered conceptual approval on June 10, 1987. The schoolboard also gave their approval to include the Hope Elementary School in the City and District Use Agreement, staff is presently preparing plans and specifications for the above projects. Coordination for construction timing will be made with the District. It is estimated that all projects will be completed in six (6) months. USE AMD MAIMTEBAHCB AGREEMENT: In order to evaluate the Use and Maintenance Agreement impact on school facilities and the City's and District's maintenance operations, the following is a detail break down of: I. Old existing II Revised existing III. Districts' 6/10/88 proposal IV. Staff's 8/30/88 recommendation. 0048 I.AGREEMENT: 1. 2. 3. 4. 5. City Maintains Magnolia Field Jefferson Field Pine Ballfield Pine soccer Field Buena Vista Elem. Total Acres 4.6 2.1 2.0 1.0 2.3* TT5 District Maintains Valley Jr. High (upper) Valley Jr. High (lower) Kelly Field Buena Vista Field Acres 5 2. 0 5 3 3* T""T—T *Maintenance responsibility shared six (6) month each entity. II 1. 2. 3. 4. 5. 6. 7. EXISTING : (Revised as of 9/1/88) City Maintains Magnolia Field Jefferson Field Pine Ballfield Pine Soccer Field Buena Vista (lower) CHS Tennis Courts CHS/Pool park lotTotal: Acres District Maintains Valley Jr. High (upper) Valley Jr. High (lower) Kelly Field Buena Vista (lower) CHS Softball Field Acres 2.75 34 ,80 02' 3.30 TT7T III. DISTRICTS' JUMB 10, 1987 PROPOSAL; City Maintains 1. Magnolia Field 2. Jefferson Field 3. Pine Ballfield 4. Pine Soccer Field 5. Buena Vista (lower) 6. VJHS (upper field) 7. VJHS Tennis Courts 8. CHS Tennis Courts 9. CHS/Pool park lotTotal: Acres 4.06 2. 1, 1, 2 1 1, 30 67 08 02 2.75 00 26 3. 00 District Maintains valley Jr. High (lower) Kelly Field Hope Field CHS Softball Field Acres .84 80 ,02 3.30 004 It should be noted that the original intent of the City/District Use and Maintenance Agreement was that the maintenance responsibilities would be shared equally by both entities. in addition to the city agreeing to cooperatively maintain district facilities for general public use, the city also assumes the role of master scheduling of all of the elementary and junior high school sites. This service resulted in a District administration time saver and eliminated public use conflicts of school facilities. In an effort to be more equitable in each agencies maintenance responsibilities staff recommends the following: IV. 1. 2. 3. 4. 5. 6. 7. STAFF RECOMMENDATIONS: City Maintains Magnolia Field Jefferson Field Pine Ballfield Buena Vista (lower) VJHS Tennis courts CHS Tennis courts Pine Soccer Field Total; Acres 4 2, 1 2 1 1. 06 30 67 02 00 26 1.08 TT35 District Maintains VJHS (upper & lower) Kelly Field Hope Field CHS Softball Field Acres 4.59 2 2 90 80 3.30 DISCUSSION: Staff has met with the District's Facility Manager to negotiate a new Use and Maintenance Agreement. Both District and City staff feel that the recommendation IV a fair division of labor and maintenance responsibilities and therefore recommend that it be revised by the Coordinating Committee and approved by the District and City Council. REVISED USE AND 0048 JOINT USE AND COMMUNITY RECREATION AGREEMENT BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD THIS AGREEMENT, made and entered into as of the day of , 1988, by and between CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and the Carlsbad Unified School District, state of California, hereinafter referred to as "District". WITNESSETH WHEREAS, the governing bodies of the City and District are mutually interested in an adequate program of community recreation under the auspices of the City Parks and Recreation Department; anc in cooperation with the District; and WHEREAS, cities and school districts are authorized by chapter 10 of Part 7 of Division 1, Title 1 of the Education Code of the state of California (sections 10900 et. sec.) to organize, promote, and conduct 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 of the community and contribute to the attainment of the general recreation objectives for children and adults within the community; and 0048 WHEREAS, the City has established a Parks and Recreation Department responsible for carrying 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; NOW, THEREFORE, the City and District agree as follows: 1. The District will make available to theCity and school buildings, grounds, playgrounds, and multiuse athletic areas ("school facilities") for the purpose of conducting a diversified community recreational program. 2. The use of school facilities shall be in accordance with the regular procedures of the District in granting requests for use of school facilities as specified by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code for the State of California and the policies, rules and regulations of the Governing Board. 3. The recreation program conducted by the City on school facilities shall be open on equal terns to all persons residing within the boundaries of the District and City, but such participation shall be subject to rules and regulations adopted by the City Council and the school District. 4. A schedule of dates for the use of the District facilities will be worked out in advance by the City in agreement with the District and that this schedule will be arranged as to avoid conflict between school and recreation use; that in the 0050 scheduling of said facilities, school events and programs, established by the Parks and Recreation Department, shall have second priority, and any other events by other groups or agencies shall have third priority. 5. In the event of any dispute or difference arising as a result of the recreation program being conducted on City facilities, on the sites jointly used, or as to the use of a District facility, then, in that event, said dispute or difference shall be settled and arbitrated by appealing to the City Manager and Superintendent of the district, in accordance with established policies and procedures of the District and City. 6. The Parks and Recreation Department will provide or cause to be provided all expendable materials, i.e. bats, balls, etc., necessary for carrying on its recreation program for all ages that will be conducted on the facilities. 7. The City may install and maintain sprinkler systems, turf, playground/equipment, fencing and additional recreational equipment not in conflict with school use, on school property in areas selected by the City Manager, subject to the prior approval by the superintendent of Schools. Any installations of equipment or construction of facilities, for community recreation purposes, shall be at the City's costs and meet standards established in the California Education and Administrative Code. 8. All structures constructed on the site and all personal property placed or installed thereon by City and owned by City (the "Improvements")/ shall remain the property of city. At the 3 0051 termination of the agreement, City may remove the improvement, unless District indicates its election within thirty days after such notice of termination, to acquire the Improvement, in which case title thereto shall vest in District without the necessity of formal documentation of transfer. in the event that the City removes its improvements, any damage caused by such removal shall be immediately repaired by the City, and the premises restored to the condition in which they existed prior to the installation of such improvements. Any improvements not removed by the City within 60 days shall become the property of the District. If District exercises its right to acquire the Improvements, District shall reimburse City for the Improvements in an amount equal to the fair market value of the Improvements. Fair market value, as used herein, means a price not to exceed the sum paid by the City for such Improvements, less an amount for use, wear and tear. The expense of such appraisal shall be borne equally by both parties. In the event the parties shall not agree upon said appraiser, the presiding judge of the Superior Court for the State of California, County of San Diego shall appoint the appraiser. 9. It is further agreed that plans and specifications for the placement of all equipment, facilities and permanent improvements upon school property and the type, design and construction thereof, shall have the prior approval of the superintendent of schools prior to any installation thereof. 10. The District and the City agree to use and maintain the following specific school grounds and facilities: 4 0052 a. City has the option to schedule use of school grounds, excluding the Carlsbad High School varsity Baseball and Football fields, for community recreation, provided the City pays fifty (50) percent of the cost of renovation of turfed areas used by City. b. City will maintain portions of the following school properties. Magnolia Field Jefferson Pine Ball Field Buena Vista Lower Field Pine soccer field C.H.S. tennis courts V.J.H.S. tennis/b.b. courts 4.06 acres 2.30 acres 1.67 acres 2.02 acres 1.08 acres 1.26 acres 1.00 acres 13.39 acres District will maintain the following school properties: V.J.H.S. (upper & lower) Kelly Field Hope Field H.S. Softball Fields 4.59 acres 2.90 acres 2.80 acres 3.30 acres 13.59 acres d. City will schedule the after-school, weekend, holiday and summer use of all school grounds except the high school fields when available. 0053 e. The District will maintain and schedule the high school grounds and gymnasium. The City may utilize the gymnasium for an hourly fee of $30.00. The City will provide an on-site supervisor at all times. The locker room will not be available to the public. F. City will maintain and schedule the community use of the high school tennis courts subject to the school paying 50 percent of the cost for nets and reconditioning of the courts. 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 as an employee of the District or under jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status while an employee of the City. The District shall not be responsible 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 school facilities, City may charge such admissions and fees for the said use of facility. All monies so levied and 6 0054 collected by the City shall be and remain the property of city. However, no event for which an admission price is charged shall be held pursuant to this agreement except amateur athletic contests, demonstrations or exhibits, and other educational and non- commercial events. In the use of school facilities under this agreement, City agrees to comply with all of the requirements of the Education Code of the State of California setting forth the limitations, requirements and restrictions on the use of school facilities. 14. It is understood and agreed that all activities on school facilities sponsored by District shall be supervised and conducted by District, and that all activities sponsored by City, pursuant to this agreement, shall be supervised and conducted by City. Each party shall be responsible for said areas during their period of use, 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 the City, members of the City council, boards or commissions, its employees, officers and agents, while acting as such, 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 any defective or dangerous condition of any ground, site, building, equipment, play areas recreation facilities or other improvement located on the premises owned and maintained by District, or participation in any activity 7 0055 carried out or sponsored by the District, and further the District shall be responsible for any and all damages to property caused as a direct result of any school activity being conducted on said premises by the District. The District shall carry property damage; and public liability insurance that cover the 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 furnish the other party with a copy of their policies. Insofar as it is legally authorized, the City shall hold free and harmless the District, members of the Board of Trustees, its employees, officers and agents, while acting as such, 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 operation of the City recreational program upon said premises, by reason of its development of the athletic fields on the property or its performance of its obligations under this agreement, further, the City shall be responsible for any and all damages to property caused as a direct result of any recreational activity being conducted on said premises by the City. 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 8 0056 matter hereof. 16. The term of this agreement shall be for a length of ten years renewable on a year to year basis thereafter by mutual agreement. In addition, the terms of this agreement may be modified at any time by mutual consent and written agreement of the respective parties. 17. Nothing in this agreement shall be construed to prohibit the Board of Trustees from participating financially in a specific recreation program when mutually agreed upon by the Board of Trustees and the City Council. 18. This Community Recreation Agreement may be terminated by either party as of June 30 of any fiscal year for any reason upon at least 180 days' written notice to the other. ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: CITY OF CARLSBAD, A municipal Corporation of the State of California By CLAUDE "BUD" LEWIS, Mayor CARLSBAD UNIFIED SCHOOL DISTRICT VINCENT F. BIONDO, JR.THOMAS K. BRIERLY, ED.D. By JAMES ROBERT McCORMICK Board of Trustees 0057