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2006/06/27 City Council Resolution (6)RESOLUTION NO. 2006-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE AGREEMENT WITH COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT FOR JOINT USE OF CERTAIN PUBLIC FACILITIES OWNED BY CITY OF ROHNERT PARK AND COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT WHEREAS, the Recreation Director has met with C.R.P.U.S.D. officials and reviewed the existing Joint Use Agreement for Facility Use, finding that the terms and conditions have proven satisfactory this past year, and WHEREAS, the Recreation Department and C.R.P.U.S.D. desire to continue the sharing of facilities, through the Joint Use Agreement, for the provision of services to the public, and WHEREAS, the current Joint Use Agreement expires on June 30, 2006. BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve that certain Agreement, by and between the Cotati-Rohnert Park Unified School District, and the City of Rohnert Park, for the joint use of certain public facilities owned by the City of Rohnert Park and the Cotati- Rohnert Park Unified School District for the term of July 1, 2006 through June 30, 2007. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this agreement in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 27th day of June 2006 ATTEST: Deputy City Clerk CITY OF ROHNERT PARK �b Mayor BREEZE: AYE FLOES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (o) ABSENT: (0) ABSTAIN: (0) AGREEMENT BETWEEN CITY OF ROHNERT PARK AND COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT FOR JOINT USE OF CERTAIN PUBLIC FACILITIES OWNED BY CITY OF ROHNERT PARK AND COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT This agreement ( "Agreement "), by and between the City of Rohnert Park, a general law city and a municipal corporation ("City "), and Cotati- Rohnert Park Unified School District ("District") for joint use of certain public facilities owned by City and District, is entered into and effective this 27a' day of June, 2006, as follows: GENERAL RECITALS A. City owns certain public property and public facilities which District could use at times when City is not using the property or facilities. Likewise, District owns certain public property and public facilities which City could use at times when District is not using the property or facilities, B. The purpose of the Agreement is to provide for the use of City-owned or managed public facilities by District and for the use of District -owned or managed public facilities by City. C. The District has adopted a Civic Center Act Policy (Board Policy and Administration Regulation 1330.1) ( "Civic Center Act Policy ") which governs the use of school facilities and grounds pursuant to the Civic Center Act, California Education Code Sections 38130 et seq. Any inconsistency between this Agreement and the Civic Center Act Policy shall be governed by the Civic Center Act Policy, D. It is also a purpose of this Agreement to allocate responsibility for the safety and protection of children and others while the facilities are being used by the non -owner user and to allocate risk or liability to the user of the facilities or public property. AGREEMENT In consideration of the foregoing and the further covenants and conditions herein contained, City and District do hereby agree as follows: 1. Recitals. The above recitals are true and correct. 2. City Facilities. City owns the facilities described on the attached Exhibit "A," incorporated by reference herein ( "City facilities "). 3. District, Facilities. District owns the facilities described on the attached Exhibit "B," incorporated by reference herein ( "District facilities "). 4. District Use of City Facilities. City agrees that District may use the City facilities at any time when the City facilities are not being used for a City activity provided such use does not result in a loss of rental fees to City from third party uses. 5. City.Use of District Facilities. District agrees that City may use the District facilities according to the following priorities, as set forth in the District's Civic Center Act Policy, a copy of which is attached hereto and incorporated herein as "Exhibit C a. Educational programs of the District (clubs, class events, etc.). b. Contracted uses (leases and licenses pursuant to the Education Code). C. School and District affiliated groups (PTA, booster clubs). d. Public agencies and public affairs groups (nonprofit). e. Community recreational and cultural groups. f. Private, non - school connected classes and educational events. g. Profit- making or commercial events, out -of- District groups, etc. City use of District facilities is defined as uses for programs and activities directly sponsored by the City. These uses are separate and distinct from uses by third parties, as listed in the priorities of use above. City use of District facilities shall at all times comply with the District's Civic Center Act Policy, including, but not limited to, restrictions on time of use, prohibited uses, and supervision requirements. City use of District facilities pursuant to this Agreement shall be subject and subordinated to any agreement between District and Sonoma State University, or another third party regarding use of particular District facilities, District will provide City with copies of any such agreement(s) upon request. 6. Coordination of Facility Use. City and District agree that arrangements and scheduling for the use of the City facilities and District facilities pursuant to this Agreement shall be coordinated between the City Manager or his/her designee, and the District Superintendent or his/her designee. The City Manager and Superintendent or their respective designees shall meet annually to establish a Master Calendar prior to the beginning of each fiscal year for use of each other's facilities during that upcoming year. The Master Calendar may be revised and updated during the year as needed by the City Manager and Superintendent or their designees. City and District agree that any use of the each other's facilities under this Agreement shall not interfere with the owning party's operations and uses of their facilities. Pursuant to Education Code Section 10910, City use of District facilities shall not interfere with any other purpose of the public school system. Both the City and District agree that neither will cancel the 2 other party's scheduled use less than ten (1.0) working days prior to the scheduled use. Notwithstanding the foregoing, either party may, without prior notice, immediately cancel use of particular facilities if it deems, in its sole discretion, that immediate cancellation is necessary under the circumstances. In the event of such cancellation, the canceling party will make a reasonable effort to notify the other party of such cancellation as soon as practicable. In cases that such cancellation cannot be avoided, the canceling party shall make reasonable efforts to provide an alternative area or facility. City shall be responsible for coordinating and scheduling the use of all District sports fields for City - sponsored activities and third party community recreational groups (non - profit) except for Rancho Cotate High School and Creekside Middle School, where District shall be responsible for such coordination and scheduling (see Section 9, below). City shall follow the priority of use list in Section S of this Agreement, above. City shall be responsible for coordinating and scheduling use of Mountain Shadows Middle School gymnasium according to the priority use list in Section 5 of this Agreement. 7. Janitorial and Custodian Sorvices. City shall be responsible for providing normal janitorial and custodian services for City facilities and District shall be responsible for providing normal janitorial and custodian services for District facilities. District and City agree to provide their own clean -up and shall put the furniture away after each use of the other party's facilities. It is the responsibility of the party using the facility to return the facility or grounds to its original condition. Each party shall promptly communicate information regarding clean -up problems to the other party's designated contact for such information. District shall charge City a fee not to exceed direct costs to the District for janitorial service, services of other District employees and salaries paid to District employees necessitated by City's use of District facilities. For example, if janitorial or custodian services are needed on weekends or at other times when a janitor /custodian is not on duty, District will charge City for the direct costs of paying the janitor /custodian for the hours he/she is required to work as a result of City's use of District facilities. City shall charge District afee not to exceed direct costs to the City for janitorial service, services of other city employees and salaries paid to City employees necessitated by District's use of City facilities. The District agrees not to charge janitorial fees for weekend use of the Mountain Shadows Middle School Gym. The City will reimburse the District 70% of all fees collected for the weeknight use of Mountain Shadows Middle School. The City will provide weekend supervision of all activities at Mountain Shadows Middle School Gym outside of District use. S. Condition of Facilities. Each party shall be responsible for maintaining its facilities in a safe and appropriate condition. 9. Facility Reservations at- Creekside Middle School, The District shall be responsible for administering facility reservations for public use of all open space and athletic fields at Creekside Middle School. In accordance with the Environmental Impact Report dated July 16, 1991, any requests for the use of facilities at Creekside Middle School must be submitted to the site administrator in advance. 3 10. Fees for Use of Facilities. Based on the reciprocal use of the facilities listed in Exhibits A and B, City and District agree not to charge each other fees for the use of the facilities, except as provided in Section 7 of this Agreement. District may charge third parties for use of District facilities in accordance with the District's Civic Center Act Policv and applicable state law. For third parry uses of District facilities scheduled by the City which are not directly related to City - sponsored programs, the City shall pay the District any fees collected from the use(s), minus the actual costs incurred by the City for such uses(s). No later than thirty (30) days prior to the expiration of this Agreement, City and District agree to compare their relative use of the facilities listed in Exhibits A and B during the term of this Agreement. If there is a substantial disparity between the extent of the parties' use of each other's facilities, City and District will meet in good faith to discuss adopting a fee schedule for facility use under the successor Agreement. 11 Prohibited Uses. Any activity prohibited by state or federal law or local ordinance is prohibited on City and District property. The possession, consumption, or sale of alcoholic beverages, tobacco, or any restricted substances on District property is strictly prohibited. At all times when the facilities are used by City or District, the facilities shall be under the supervision and control of the party using it and its agents and employees, and shall be administered and operated in accordance with all rules and regulations established by City and District, including, but not limited to the District's Civic Center Act Policy. I2. Supervisign. At all times when City uses District facilities, City shall ensure that there is adequate adult supervision over the conduct of all of its activities at District facilities, which at a minimum must comply with the supervision requirements set forth in the District's Civic Center Act Policy. At all times when District uses City facilities, District shall ensure that there is adequate adult supervision over the conduct of all of its activities at City facilities. 13. Indemnity. City shall indemnify, defend and hold harmless District, its officers, agents, and employees, against any and all claims, causes of action, suits, or judgments, including expenses incurred therewith for death or injury to person, or loss of or damage to property resulting from negligent acts of City, its officers, agents, employees, or invitees in the performance of this Agreement, excluding any and all claims, causes of action, suits, or judgments, including expenses, resulting from the sole negligence of the District or from pre- existing condition of the District's property. In the event of any such claims made or suits filed, District shall give City prompt written notice thereof, and City shall have the right to defend or settle the same to the extent of its interest hereunder. District shall indemnify, defend, and hold harmless City, its officers, agents, and employees, against any and all claims, causes of action, suits, or judgments, including expenses incurred therewith for death or injury to persons, or loss of or damage to property resulting from negligent acts of District, its officers, agents, or employees, in the performance of this Agreement excluding any and all claims, causes of action, suits, or judgments, including expenses, resulting from the sole negligence of the City or from pre - existing condition of the City's property. In the event of any such claims made or suits filed, City shall give District prompt written notice thereof, and District shall have the right to defend or settle the same to the extent of its interest hereunder. EM 14. Insurance. At all times during the term of this Agreement each party shall maintain insurance coverage as follows: A. Liability Insurance: Comprehensive general liability insurance with the following minimum limits: $1,000,000 per occurrence $2,000,000 annual aggregate $4,000,000 umbrella coverage Each party shall name the other party and that party's officers, officials, employees and agents, while acting in that capacity, as additional insureds. The umbrella policies must be at least as broad as the parties' liability coverage. The City's insurance shall be primary as to liability arising from its use of District facilities, and the District's insurance shall be primary as to liability arising from its use of City facilities. Each party shall provide the other with written proof of such coverage upon execution of this Agreement, and shall further provide the other party with thirty (30) days written notice of a material change to or cancellation of such coverage. Each party may self - insure for the required coverage. B. Each party shall maintain Workers Compensation Insurance for its employees as required by State law. 15. Master Agreement. This Agreement shall serve as the master agreement covering the rights and responsibilities of City and District regarding use of the public facilities identified in Exhibits A and B. 16. Term. This Agreement shall begin on the date first written above, and shall expire June 30, 2007, unless sooner terminated as set forth herein. The parties agree to meet no later than thirty (30) days prior to expiration of the Agreement to discuss the renewal of this Agreement and the joint use of public facilities. Duly authorized District or City administrators may, pursuant to mutual consent memorialized in writing, alter the facilities list (Exhibits A and B) pursuant to Section 18, below. 17. Successors and Assigns. This Agreement shall bind the successors and assigns of the parties hereto. 18. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the parties. 19. AssigMn mgnt. Neither party shall have the right or power, without the other party's written consent, to assign its rights or delegate its duties pursuant to their Agreement. Each party shall not make any use of the public facilities which is not in keeping with the purposes of this Agreement. This provision shall not apply to either party's right to permit community groups and organizations the right to use the public facilities. 5 20. Previous Agreem, ents. This Agreement supersedes and replaces all previous agreements by and between City and District as they may pertain to use of the subject property. 21. Notification. Any notices sent to City and District pursuant to this Agreement, shall be addressed as follows: For the City: City Manager Rohnert Park City Hall 6750 Commerce Boulevard Rohnert Park, California 94928 (707) 588 -2226 For the District: Superintendent Cotati - Rohnert Park Unified School District 5860 Labath Avenue Rohnert Park, California 94928 (707) 792 -4722 21 Termination. This Agreement may be terminated by either party by giving the other party to the Agreement thirty (30) days' advance written notice of such intent to terminate. Date: City of Rohnert Park, a Municipal Corporation Attest: By: Deputy City Clerk City Manager Stephen R. Donley Approved as to Form: City Attorney Authorized by Resolution No. 2006- 172 adopted by the City Council on 6/27/06 Date: Cotati- Rohnert Park Unified School District In President, Board of Trustees Authorized by Resolution No. C.1 4 :Ili *_ SCHOOL USE OF CITY FACILITIES CALLINAN SPORTS & FITNESS CENTER H -POOL B -POOL A -POOL L -POOL S -PARK M -PARK S -PARK TENNIS COURTS M -PARK TENNIS COURTS COMMUNITY CENTER ALL PARKS ADJACENT TO ELEMENTARY SCHOOLS A PARK B PARK C PARK E PARK G PARK L PARK M PARK 7 11 CITY USE OF SCHOOL FACILITIES Note: Only those facilities listed under each school are available for City use, not the entire school site. RANCHO COTATE HIGH SCHOOL Baseball Fields Softball Fields Open Fields Gymnasium LA FIESTA ELEMENTARY SCHOOL Baseball and Soccer Fields Multi -Use Room and Playground MARGUERITE HAHN ELEMENTARY SCHOOL Softball Field Multi -Use Room EVERGREEN ELEMENTARY SCHOOL Soccer Field Playfield GOLD RIDGE ELEMENTARY SCHOOL Playfield Multi -Use Room WALDO ROHNERT ELEMENTARY SCHOOL Soccer/Playfield Multi -Use Room MONTE VISTA ELEMENTARY SCHOOL Multi -Use Room RICHARD CRANE ELEMENTARY SCHOOL Soccer Field Baseball Field JOHN REED ELEMENTARY SCHOOL Soccer Field Playfield MOUNTAIN SHADOWS MIDDLE SCHOOL Gym Baseball Field Football Field Softball Field 9 EXHIBIT "C" EDUCATION CODE SECTI ®N 38130 -38139 38130. This article shall be known and may be cited as the Civic Center Act. 38131. (a) There is a civic center at each and every public school facility and grounds within the state where the citizens, parent - teachers' associations, Camp Fire girls, Boy Scout troops, farmers' organizations, school- community advisory councils, senior citizens' organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts may engage in supervised recreational activities, and where they may meet and discuss, from time to time, as they may desire, any subjects and questions which in their judgment pertain to the educational, political, economic, artistic, and moral interests of the citizens of the communities in which they reside. (b) The governing board of any school district may grant the use of school facilities or grounds as a civic center upon the terms and conditions the board deems proper, subject to the limitations, requirements, and restrictions set forth in this article, for any of the following purposes: (1) Public, literary, scientific, recreational, educational, or public agency meetings. (2) The discussion of matters of general or public interest. (3) The conduct of religious services for temporary periods, on a one -time or renewable basis, by any church or religious organization that has no suitable meeting place for the conduct of the services, provided the governing board charges the church or religious organization using the school facilities or grounds a fee as specified in subdivision (d) of Section 38134. (4).Child care or day care programs to provide supervision and activities for children of preschool and elementary schoolage. (5) The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies. (6) Supervised recreational activities including, but not limited to, sports league activities for youths that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination, (7) A community youth center. (8) Other purposes deemed appropriate by the governing board. 38132. Notwithstanding Section 38134, the governing board of any school district shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The governing board shall cooperate with these agencies in furnishing and maintaining such services as the governing board may deem necessary to meet the needs of the community. 38133. The management, direction, and control of school facilities under this article are vested in the governing board of the school district which shall promulgate all rules and regulations necessary to provide, at a minimum, for the following: (a) Aid, assistance, and encouragement to any of the activities authorized in Sections 38131 and 38132. (b) Preservation of order in school facilities and on school grounds, and protection of school facilities and school grounds, including, if the governing board deems necessary, appointment of a person who shall have charge of the school facilities and grounds for purposes of their preservation and protection. (c) That the use of school facilities or grounds is not inconsistent with the use of the school facilities or grounds for school purposes or interferes with the regular conduct of schoolwork. 38134. (a) The governing board of any school district shall authorize the use of any school facilities or grounds under its control, when an alternative location is not available, to nonprofit organizations, and clubs or associations organized to promote youth and school activities, including, but not limited to: (1) Girl Scouts, Boy Scouts, Camp Eire, Inc. (2) Parent-teachers' associations. (3) School- community advisory councils. This subdivision shall not apply to any group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the district, as determined by the governing board. (b) Except as otherwise provided by law, the governing board may charge an amount not to exceed its direct costs for use of its school facilities. Each governing board that decides to levy these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. (c) The governing board of any.school district may charge an amount not to exceed its direct costs for use of its school facilities by any entity, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131. (d) The governing board of any school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious denomination an amount at least equal to the district's direct costs, (e) In the case of entertainments or meetings where admission fees are charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils of the district or for charitable purposes, a charge shall be levied for the use of school facilities or grounds which charge shall be equal to fair rental value. (f) If any group activity results in the destruction of school property, the group may be charged for an amount necessary to repay the damages, and further use of facilities may be denied. (g) As used in this section, "direct costs" to the district for the use of school facilities or grounds means those costs of supplies, utilities, janitorial services, services of any other district employees, and salaries paid school district employees necessitated by the organization's use of the school facilities and grounds of the district. (h) As used in this section, "fair rental value" means the direct costs to the district, plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. (i) Any school district authorizing the use of school facilities or grounds under subdivision (a) shall be liable for any injuries resulting from the negligence of the district in the ownership and maintenance of those facilities or grounds. Any group using school facilities or grounds under subdivision (a) shall be liable for any injuries resulting from the negligence of that group during the use of those facilities or grounds. The district and the group shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks. Notwithstanding any other provision of law, this subdivision shall not be waived. Nothing in this subdivision shall be construed to limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, for injuries caused by a dangerous condition of public property. 38135. Any use, by any individual, society, group, or organization for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States or of the state by force, violence, or other unlawful means shall not be permitted or suffered. Any individual, society, group, or organization which commits any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government by force, violence, or other unlawful means while using school property pursuant to the provisions of this chapter is guilty of a misdemeanor. 38136. No governing board of a school district shall grant the use of any school property to any person or organization for any use in violation of Section 38135. For the purpose of determining - whether or not any individual, society, group, or organization applying for the use of the school property intends to violate Section 38135, the governing board shall require the making and delivery to the governing board, by the applicant of a written statement of information in the following form: STATEMENT OF INFORMATION The undersigned states that, to the best of his or her knowledge, the school property for use of which application is hereby made will not be used for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States by force, violence or other unlawful means; That , the organization on whose behalf he or she is making application for use of school property, does not, to the best of his or her knowledge, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means, and that, to the best of his or her knowledge, it is not a Communist action organization or Communist front organization required by law to be registered with the Attorney General of the United States. This statement is made under the penalties of perjury. (Signature) The school board may require the furnishing of additional information as it deems necessary to make the determination that the use of school property for which application is made would not violate Section 38135. Any person applying for the use of school property on behalf of any society, group, or organization shall be a member of the applicant group and, unless he or she is an officer of the group, must present written authorization from the applicant group to make the application. The governing board of any school district may, in its discretion, consider any statement of information or written authorization made pursuant to the requirements of this section as being continuing in effect for the purposes of this section for the period of one year from the date of the statement of information or written authorization. 36137. Written statements of information as required by Section 36136 need not be under oath, but shall contain a written declaration that they are made under the penalty of perjury, and any person so signing the statements who willfully states therein as true any material matter which he or she knows to be false, is subject to the penalties prescribed for perjury in the Penal Code. 36136. Notwithstanding the provisions of this article or any other provisions of law, when a nonpartisan charitable organization organized under the laws of this state has constructed or will construct, subject to the provisions of Article 3 (commencing with Section 39140) of Chapter 2 of this part, a school athletic and youth center facility at no cost to a school district, upon a school - district -owned site to be owned by and for the benefit of the school occupying the site, the governing board of the school district, in accepting the donation and prescribing the conditions and restrictions with respect thereto, may permit the general use of the facility under the provisions of this article for specified supervised recreational activities which are sponsored by or conducted by the donor organization, and may also permit the donor organization to use the facility for this purpose at times when the facility is not being used by.the school district for the educational program and related School activities of the designated beneficiary school, unless the use and occupancy of the facility by the donor organization would otherwise interfere with the regular conduct of the school. Any use granted to the donor organization shall, however, immediately and forever terminate if the donor organization denies the use of the facility to any person because of their race, religion, creed, national origin, ancestry, or sex. This section shall apply only to elementary school districts in San Diego County which had an average daily attendance of 425 or less during the 1970 -71 school year, and which, during the 1970-71 school year, had a modified assessed valuation per pupil in average daily attendance of between forty -five thousand dollars ($45,000) and fifty thousand dollars ($50,000). 38139. (a) Public primary schools shall post at an appropriate area restricted to adults information regarding missing children provided by the Department of Justice pursuant to Section 14208 of the Penal Code. (b) Public secondary schools shall post at an appropriate area information regarding missing children provided by the Department of Justice pursuant to Section 14208 of the Penal Code.