ADMINISTRATIVE REPORT

Transcription

1 ADMINISTRATIVE REPORT MEETING DATE: January 13, 2016 DEPARTMENT DIRECTOR AGENDA SECTION: Action Items ITEM: 10. G APPROVED BY GENERAL MANAGER TO: FROM: Honorable Members of the Board Kevin Kalman, General Manager DATE: January 7, 2016 SUBJECT: Revised Joint Use Agreement No M between Coachella Valley Unified School District and Desert Recreation District RECOMMENDATION: Approve revised Joint Use Agreement No M between Coachella Valley Unified School District and Desert Recreation District and authorize the General Manager to make any necessary changes in or additions to Exhibit D, renovations which will be financed by Coachella Valley Unified School District. BACKGROUND: At the October 31, 2015 meeting, the Board approved Joint Use Agreement No M. Subsequently, the CVUSD Board rejected the agreement and asked to make changes to specific terms of the agreement as follows: Administrative Report - Subject: Joint Use Agreement NO M Page 1

2 ADMINISTRATIVE REPORT 1. Reduce term of the agreement from 25 years to 10 years. 2. Reduce the DRD operating hours to 6pm 9pm from 4pm 9pm on weekdays. 3. Additional language allowing CVUSD to have priority use on weekends and Holidays when needed outside of the scheduled agreed upon calendar. It is a DRD and CVUSD objective to increase general community access to and use of Mecca Elementary School North Soccer Field. This agreement is not intended to amend any of the existing leases and other property agreements between the parties. In establishing this agreement, DRD and CVUSD seek to: 1. Enhance school and community services and amenities, 2. improve a local community s built environment and public health, 3. increase interaction between DRD and its CVUSD, and 4. address pressing concerns including childhood obesity and efficient use of developed space. Upon execution of this agreement, DRD will proceed to renovate the 5 acre joint use area to bring it to safe playable conditions. This renovation is estimated to cost between $110,000 and $130,000 to complete. However, local businesses and churches have already offset much of the cost with donated materials and labor. The DRD and CVUSD would split the balance of cost associated with the initial renovation. After the completion of the initial renovation ongoing responsibilities for the joint use facilities will be divided between DRD and CVUSD as follows: DRD Responsibilities 1. Ongoing maintenance and operation. 2. Programming and community use 4pm 9pm weekdays, 7am 9pm summer, weekends and school holidays. 3. Electric Utility bills. 4. Security during DRD designated use times. CVUSD Responsibilities 1. Capital and major maintenance after initial renovation. 2. Programming and community use weekdays until 4pm 3. Water Utility bills. 4. Security during CVUSD designated use times. Administrative Report - Subject: Joint Use Agreement NO M Page 2

3 ADMINISTRATIVE REPORT BOARD STRATEGIC GOALS OR KEY OBJECTIVES ADDRESSED: Provide District residents a comprehensive, well maintained system of parks and facilities. Participation in public/public partnerships. Promoting healthy and active lifestyles. PREVIOUS BOARD AND/OR STAFF ACTION: At the October 31, 2015 meeting the Board approved Joint Use Agreement No M between Coachella Valley Unified School District and Desert Recreation District. FINANCIAL IMPACT The estimated initial renovation is $130,000 with DRD share between $25,000 and $65,000 dependent on donated materials and labor. This is a onetime cost that will be funded from capital reserves. The ongoing maintenance and operations is estimated at $2,500 per month or an annual expense of $30,000 and will be funded through AD All adjustments to the budget will be incorporated in the mid-year budget adjustments. Administrative Report - Subject: Joint Use Agreement NO M Page 3

4 ATTACHMENT MEMORANDUM MEETING DATE: January 13, 2016 AGENDA SECTION: Action Item ITEM: 10. G TO: FROM: Honorable Members of the Board Kevin Kalman, General Manager DATE: January 7, 2016 Documents related to the Subject: Revised Joint Use Agreement No M between Coachella Valley Unified School District and Desert Recreation District 1. Revised Joint Use Agreement No M between Coachella Valley Unified School District and Desert Recreation District. Administrative Report - Subject: Revised Joint Use Agreement No M Page 1

5 JOINT USE AGREEMENT FOR SOCCER FIELDS This Joint Use Agreement (the Agreement ) is hereby entered into by and between the COACHELLA VALLEY UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California (the CVUSD ), and DESERT RECREATION DISTRICT, a recreation and park district organized and existing under the laws of the State of California (the DRD ), as of this 13th day of January, CVUSD and DRD may be referred to herein individually as Party, or collectively as Parties. RECITALS WHEREAS, the CVUSD is the owner of certain real property located in the unincorporated community of Mecca consisting of approximately 15 acres and more commonly known as the Mecca Elementary School ( Site ), located at Coachella Street in Mecca, California on real property identified as Riverside County Assessor Parcel Nos. ( APN ) , and -011, and -008; and WHEREAS, the DRD desires a Joint Use Agreement from the CVUSD, and the CVUSD desires a Joint Use Agreement to the DRD, for certain property located within the Site identified as APN , and more particularly and legally described in Exhibit A, attached hereto and incorporated herein by this reference (the Premises ), which the DRD intends to utilize for recreation purposes; and WHEREAS, CVUSD is authorized to enter into joint use agreements for park and recreation facilities pursuant to Education Code Section 17051(a) and/or Government Code Section 6500 et seq.; and WHEREAS, as a condition of the Agreement, the CVUSD has agreed to allow the DRD to utilize, subject to the restrictions and conditions set forth herein, an approximate 5 acre portion of the Site, which is depicted on the Site Map attached hereto as Exhibit B and incorporated herein by reference (the Mecca Elementary School Soccer Fields ); and WHEREAS, the Premises and the Mecca Elementary School Soccer Fields may also be referred to herein as the Joint Use Property ; and WHEREAS, this Agreement sets forth the terms and conditions for the DRD s use of the Joint Use Property, as well as the rights and obligations of the parties hereto with respect to construction and maintenance of improvements on the Joint Use Property. AGREEMENT NOW THEREFORE, in consideration of the recitals set forth above, the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CVUSD and the DRD agree as follows:

6 1. Dates and Times of Use. 1.1 CVUSD Use. The CVUSD shall have the sole right to utilize the Joint Use Property Monday through Friday from 7 a.m. to 6 p.m., exclusive of CVUSD holidays (the Routine Use Schedule ). In addition, the CVUSD and the DRD agree to meet on an annual basis, during the first fiscal month of the CVUSD s fiscal year, at which time the CVUSD shall notify the DRD of the dates and times of certain CVUSD special events. The CVUSD shall have the sole right to use the Joint Use Property during such dates and times in addition to its Routine Use Schedule (the Special Event Schedule ). Said Special Event Schedule shall be annually attached to this Agreement as Exhibit C and shall be incorporated herein by this reference and expressly made a part of the Agreement. 1.2 DRD Use. Except during those times set forth in the Special Event Schedule established annually by the CVUSD, the DRD shall have the sole and exclusive right to utilize the Joint Use Property Monday through Friday from 6 p.m. to 9 p.m. DRD shall also have a right to coordinate with CVUSD use of the Joint Use Property on Saturdays and Sundays and all CVUSD holidays, except that CVUSD and its programs shall maintain priority during such times. The DRD shall use the Joint Use Property for public recreational uses. 2. Limitations on Use. 2.1 CVUSD Uses. The CVUSD shall have the right to use the Joint Use Property for any and all uses authorized under the California Education Code, so long as such use does not materially interfere with the DRD s rights to use of the Joint Use Property as set forth herein. CVUSD may further arrange with DRD, when not in conflict with DRD Uses, for community use of the Joint Use Property for Civic Center Act purposes, consistent with and defined in Education Code Section et seq. (hereinafter, Civic Center Act ) 2.2 DRD Uses. The DRD may utilize the Joint Use Property during the times set forth in Section 1.2 for park and recreational purposes, in order to serve the public and community, including specifically DRD sponsored or affiliated recreational uses. The Joint Use Property may not be utilized for parking, except as to those portions of the Joint Use Property which have been designed, set aside, and paved for parking. DRD may allow the public to utilize parking at the Site, for purposes of attending events on the Joint Use Property, provided such use does not interfere with CVUSD s use as defined in Section 1.1 of this Agreement. DRD shall reasonably cooperate with CVUSD to facilitate community uses of the Joint Use Property, when not in use by DRD or CVUSD, for Civic Center Act purposes as defined above.

7 3. Mutual Indemnity and Release. DRD and the CVUSD each hereby agree to indemnify, defend, and hold harmless the other party and its officers, employees, agents, volunteers and independent contractors (collectively, Indemnitees ) from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys fees and costs of litigation (collectively Claims ) arising out of and/or in any way relating to the indemnifying party s activities, which shall include any activities of the indemnifying party s board members, officials, officers, employees, agents, and authorized volunteers, in the performance of this Agreement, or to the indemnifying party s acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence or willful misconduct of the Indemnitees. DRD shall include, within any waiver of liability forms provided to, and required to be executed by, participants in DRD s programs and/or the participants parents, a release of liability as to CVUSD, as well as CVUSD s Indemnitees. 4. Insurance. The Parties agree to provide insurance in accordance with the provisions of this Section DRD s Insurance Obligation. Without limiting the indemnification provisions provided herein, the DRD, at its sole expense, shall obtain and keep in force during the term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the Premises resulting from any actions or omissions of the DRD or any use of the Premises by the DRD, or its directors, officials, officers, employees, and authorized volunteers,, in accordance with the terms of this Agreement. The policy or policies evidencing such insurance shall be endorsed to name the CVUSD and its officials, officers, employees, and agents as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the CVUSD with the exception of 10 days notice in the event of non-payment of premium, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of this Agreement, and upon renewal of such policies, the DRD shall submit to the CVUSD certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect, and that such policies shall be primary insurance as respects CVUSD and its board members, officials, officers, employees, and agents. Any insurance maintained by CVUSD shall be in excess of DRD s insurance and shall not contribute with it. At the DRD s option, DRD shall be allowed to self-insure the insurance coverages as required above. DRD also shall have in place worker s compensation insurance as required by law. DRD hereby grants to CVUSD a waiver of any right to subrogation DRD may acquire against CVUSD by virtue of the payment of any loss under such insurance, and agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. DRD shall require any contractor utilized pursuant to this Agreement to comply with the insurance requirements of this Section 4.1.

8 4.2 CVUSD s Insurance Obligation. Without limiting the indemnification provisions provided herein, the CVUSD, at its sole expense, shall obtain and keep in force during the term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the Premises resulting from any actions or omissions of the CVUSD or any use of the Premises by the CVUSD, or its directors, officials, officers, employees, or its authorized volunteers. The policy or policies evidencing such insurance shall be endorsed to name the DRD and its officials, officers, employees, and agents, as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the DRD with the exception of 10 days notice in the event of non-payment of premium, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California which is rated A-/VIII or better by ambest.com. Prior to the Commencement Date of this Agreement, and upon renewal of such policies, the CVUSD shall submit to the DRD certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect, and that such policies shall be primary insurance as respects DRD and its board members, officials, officers, employees, and agents. Any insurance maintained by DRD shall be in excess of CVUSD s insurance and shall not contribute with it. At the CVUSD s option, CVUSD shall be allowed to self-insure the insurance coverages as required above. CVUSD also shall have in place workers compensation insurance as required by law. CVUSD hereby grants to DRD a waiver of any right to subrogation CVUSD may acquire against DRD by virtue of the payment of any loss under such insurance, and agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. CVUSD shall require any contractor utilized pursuant to this Agreement to comply with the insurance requirements of this Section Improvements to the Joint Use Property. 5.1 Sports Fields. The Parties shall renovate and improve Mecca Elementary School Soccer Fields on the Joint Use Property in accordance with DRD standards. CVUSD shall be responsible for the cost of 50% of renovations agreed upon between the parties as set out in Exhibit D, attached and incorporated herein, up to $55,000, and DRD shall be responsible for the agreed-upon balance. DRD shall coordinate and manage the renovations. 6. Maintenance of Joint Use Property. The Joint Use Property shall be maintained (irrigation system, sports lighting and turf) by the DRD, at DRD s sole cost and expense, except as otherwise provided herein, in accordance with the standards set forth in the DRD s Maintenance Standards for Parks and Sports fields. Major repair or renovation is and shall remain the responsibility of CVUSD, at CVUSD s sole cost and expense, except as set out in Section 5 above or otherwise agreed by the Parties. 6.1 CVUSD Share of Water Costs. Water usage for the Joint Use Property will be responsibility of CVUSD and the CVUSD shall promptly pay all such water bills. The Parties recognize the CVUSD s water usage may be limited or curtailed pursuant to local and/or statewide water restrictions.

9 6.2 Other Utilities. The DRD shall be responsible, at its sole cost and expense, for paying all electrical bills incurred with respect to the operation of the Joint Use Property. 6.3 Other Maintenance Costs. The DRD shall be responsible, at its sole cost and expense, for contracting for the general maintenance and upkeep of the Joint Use Property. Such contract shall provide for the maintenance of the Joint Use Property consistent with the standards set forth in the DRD s approved landscape maintenance guidelines. 7. Term of Agreement. This Agreement shall become effective January 13, 2016, and shall remain in effect for a term of ten (10) years, unless earlier terminated as provided hereafter. Either party may terminate this Agreement providing the other with six (6) months prior written notice of the termination date. 8. Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes a default under this Agreement. The injured party shall give written notice of default to the party in default, clearly detailing the default to be cured. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within thirty (30) days from the date of the notice or such longer period if the nature of the default is such that more than thirty (30) days is required to cure such default. Notwithstanding any other provision of this Agreement, the injured party shall have the right to immediately terminate this Agreement by written notice to the other party in the event of a default which is not cured within the time set forth in this section. 9. Attorneys Fees. In the event any declaratory or other legal or equitable action is instituted between DRD and CVUSD in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment. 10. Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another commercially reasonable method, including facsimile transmission and addressed to the party for whom intended, as follows: If to DRD: If to CVUSD: Desert Recreation District Attn: General Manager Oasis Street Indio, CA Fax: (760) Coachella Valley Unified School District Attn: Superintendent Church Street Thermal, CA Fax: (760)

10 Any party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received fortyeight (48) hours after mailing as provided above. If any notice or document is sent by facsimile transmission, the same shall be deemed fully delivered and received upon the transmission to the sender of a facsimile confirmation sheet. 11. Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate. 12. Entire Agreement. This Agreement and its exhibits, each of which is incorporated herein by reference as though set forth in full, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein. 13. Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof. 14. Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. 15. Invalidity of Provision. If any provision of this Agreement as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 16. Amendments/Waiver. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by CVUSD and DRD. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 18. Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.

11 19. Fingerprinting. The DRD sanctioned Sports Associations shall require all board members and volunteer coaches be fingerprinted prior to participating within the leagues. Any additional Sports Association field use contracted through the DRD also will require fingerprinting of staff and volunteers as a requirement of this Agreement even when not otherwise required by law. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year set forth herein above. ATTEST: CVUSD: COACHELLA VALLEY UNIFIED SCHOOL DISTRICT, a school district organized and existing under the laws of the State of California By: Its: School District Secretary APPROVED AS TO FORM: Jeffrey A. Hoskinson, Bowie, Arneson, Wiles & Giannone District Counsel DRD: DESERT RECREATION DISTRICT, a recreation and park district organized and existing under the laws of the State of California Date Kevin Kalman, General Manager ATTEST: Delia Granados, District Clerk APPROVED AS TO FORM: Elizabeth Martin, DRD Attorney

12 EXHIBIT A LEGAL DESCRIPTION OF THE MECCA ELEMENTARY SCHOOL SOCCER FIELDS PROPERTY Mecca Elementary School Soccer Fields (also identified as the Premises and Joint Use Property) are located on approximately 5.51-acres, more or less, in a portion of the Southeast quarter of the Southwest Quarter of the Northwest Quarter of Section 8 of Township 7 South, Range 9 East, San Bernardino Meridian, in the County of Riverside, State of California, on real property identified as Riverside County Assessor Parcel No

13 2016 Joint Use Property EXHIBIT B MAP OF MECCA ELEMENTARY SCHOOL FIELDS

14 EXHIBIT C SPECIAL EVENT SCHEDULE DRD staff will meet with Coachella Valley Unified School District staff on an annual basis to identify dates of special events.

15 EXHIBIT D Parties shall meet to agree upon improvements, if any, required; and amend this Agreement to include the revised Exhibit D.