ADMINISTRATIVE REPORT
TO:
Honorable Members of the Board
FROM:
Kevin Kalman, General Manager
DATE: August 27, 2015
SUBJECT:
Joint Use Agreement No. 15-08-015-M between Coachella Valley Unified School District and
Desert Recreation District
RECOMMENDATION:
Approve Joint Use Agreement No. 15-08-015-AD 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:
Historically, Coachella Valley Unified School District (CVUSD) and Desert Recreation District
(DRD) have pooled resources to meet ongoing youth and community demands for more
developmental and recreational opportunities. CVUSD and DRD currently have active
MEETING DATE: October 31, 2015
AGENDA SECTION:
Action Items
ITEM: 12. A
APPROVED BY
DEPARTMENT DIRECTOR
GENERAL MANAGER
Administrative Report - Subject: Joint Use Agreement NO. 15-08-015-M
ADMINISTRATIVE REPORT
agreements for DRD use of the Thermal Rummond Community Senior Center, Coachella Valley
High School Track and Mecca Elementary School South Sport Field. In the past, other such
cooperative agreements have included DRD operation of CVUSD ASES afterschool enrichment
programs and joint use of La Familia and John Kelly baseball facilities.
While the supply has never quite matched demand, the CVUSD/DRD partnership has effectively
maximized the use of CVUSD facilities to meet community and student needs, beyond what
either could do alone. In addition to creating more opportunities for their respective
constituent groups, sharing facilities has led to greater efficiencies in cost and operations. DRD
and CVUSD acknowledge the value of their collaboration and seek to extend their working
relationship.
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 committed to 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.
Administrative Report - Subject: Joint Use Agreement NO. 15-08-015-MADMINISTRATIVE REPORT
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.
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:
•
None
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 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 AD93-1. All adjustments to the
budget will be incorporated in the mid-year budget adjustments.
Administrative Report - Subject: Joint Use Agreement NO. 15-08-015-M
ATTACHMENT MEMORANDUM
TO:
Honorable Members of the Board
FROM:
Kevin Kalman, General Manager
DATE: August 27, 2015
Documents related to the Subject:
Joint Use Agreement No. 15-08-015-M between Coachella Valley Unified School District and
Desert Recreation District
1.
Joint Use Agreement No. 15-08-015-M between Coachella Valley Unified School District
and Desert Recreation District.
MEETING DATE: October 31, 2015
AGENDA SECTION: Action Item
ITEM: 12. A
Administrative Report - Subject: Funding, Support and Services Agreement NO. 15-08-14-AD
JOINT USE AGREEMENT for Soccer Fields
This Joint Use Agreement 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 first day of September, 2015.
RECITALS
WHEREAS, the CVUSD is the owner of certain real property located in the
unincorporated community of Mecca consisting of approximately XXX acres and more commonly known as the Mecca Elementary School (“Site”); and
WHEREAS, the DRD desires to Agreement from the CVUSD, and the CVUSD desires
to Agreement to the DRD, certain property located within the Site 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, 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, a XXX acre portion of the Mecca Elementary School, 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, Mecca Elementary School Soccer Fields shall 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:
1.
Dates and Times of Use.1.1
CVUSD Use. The CVUSD shall have the sole right to utilize the Joint UseProperty Monday through Friday from 7 a.m. to 4 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 Scheduleestablished annually by the CVUSD, the DRD shall have the sole and exclusive right to utilize the Joint Use Property Monday through Friday from 4 p.m. to 9 p.m., and on Saturdays and Sundays and all CVUSD holidays from 7 a.m. to 9 p.m. 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 forany 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. Parking shall be permitted on only those portions of the Joint Use Property which have been set aside and paved for parking.
2.2
DRD Uses. The DRD may utilize the Joint Use Property during the times setforth in Section 1.2 for parking (but only those portions of the Joint Use Property which have been set aside and paved for parking), and DRD sponsored or affiliated recreational uses.
3.
Mutual Indemnity and Release. DRD and the CVUSD each hereby agree toindemnify, 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 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.
4.
Insurance. The Parties agree to provide insurance in accordance with the provisions ofthis Section 4.
4.1
DRD’s Insurance Obligation. Without limiting the indemnification provisionsprovided 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 invitees in accordance with the terms of this Agreement. The policy or policies evidencing such insurance shall 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, 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. At the DRD’s option, DRD shall be allowed to self-insure the insurance coverages as required above.
4.2
CVUSD’s Insurance Obligation. Without limiting the indemnification provisionsprovided 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 invitees. The policy or policies evidencing such insurance shall 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, 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. 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.
5.
Improvements to the Joint Use Property.5.1 Sports Fields. The parties shallrenovate 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 with DRD 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 and turf) by the DRD 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 except as set out in Section 5 above.
6.1
CVUSD Share of Water Costs. Water usage for the Joint Use Property will bebilled to the CVUSD and the CVUSD shall promptly pay all such water bills. Is there a drought issue?
6.2
Other Utilities. The DRD shall be responsible for paying all electrical billsincurred with respect to the operation of the Joint Use Property.
6.3
Other Maintenance Costs. The DRD shall be responsible for contracting for thegeneral 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 September 1, 2015, andshall remain in effect for a term of thirty (30) 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 provisionof 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 isinstituted 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 communicationrequired 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: Desert Recreation District Attn: General Manager 45-305 Oasis Street Indio, CA 92201 Fax: (760) 347-4660
If to CVUSD: Coachella Valley Unified School District Attn: Superintendent
87-225 Church Street Thermal, CA 92274 Fax: (760) 399-5137
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 forty-eight (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), themasculine, 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 incorporatedherein 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 thisAgreement 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 beennegotiated 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 toany 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 ofwhich 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 setforth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.
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.
CVUSD:
COACHELLA VALLEY UNIFIED SCHOOL DISTRICT, a
school district organized and existing under the laws of the State of California
By: Its:
ATTEST:
School District Secretary
APPROVED AS TO FORM:
XXXXXXXXXX
School District Special 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:
EXHIBIT A
LEGAL DESCRIPTION OF THE COLONEL PAIGE SPORTS FIELDS PROPERTY
Mecca Elementary School Soccer Fields are located within 14.33 Acres M/L in POR PAR 4 PM 184/087 PM 27131 Riverside, California.
EXHIBIT B
EXHIBIT C
SPECIAL EVENT SCHEDULE
DRD staff will meet with Desert Sands Unified School CVUSD staff on an annual basis to identify dates of special events.
