HomeMy WebLinkAboutSANTA ANA UNIFIED SCHOOL DISTRICT (7) - 2013A- 2013 -052
JOINT USE AGREEMENT BY AND BETWEEN
SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA
(MADISON ELEMENTARY SCHOOL)
4
THIS JOINT USE AGREEMENT ( "Agreement ") is dated as of Tw ow �013, by and between the
Santa Ana Unified School District ( "District "), a public school district duly organitcd and existing under the
laws of the state of California, and the City of Santa Ana ( "City "), a charter city and municipal corporation
duly organized and existing under the constitution and laws of the state of California (together, "Parties ").
RECITALS:
A. The District owns and operates the Madison Elementary School which is located at 1124 E.
Hobart Street, Santa Ana, California ( "School ").
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B. Madison Park, located at 1528 South Standard Avenue, Santa Ana, California, is owned and
y
maintained by the City of Santa Ana, and is adjacent to the School.
C. California Education Code § 10900 et seq., authorizes District to organize, promote, and
conduct programs for community recreation and to cooperate in providing community
recreation programs and facilities.
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D. The District and City desire to undertake a coordinated use of the Madison Park community
garden and one -half basketball court, and the School playfietd and teaching area. The
partnership between the District and City is intended to benefit, allow maximum use by, and
improve the general health and wellness of Madison Elementary School, community residents
and families, and youth sports organizations.
E. The parties previously entered into an agreement on December 12, 1977, in furtherance of
promoting and conducting programs for community recreation whereby they maximized the
use of their contiguous properties (four park/school locations, including Madison Park) for
school, sports and community recreation purposes. The City administered the installation of
automatic irrigation systems and sod at these four locations and in return the District has
attowed the City to use its ball field.
F. The City is receiving Community Development Block Grant (CDBG) funds from the U.S.
government to facilitate construction of the Joint Use Facility.
G. The City has determined that the renovation of the basketball courts, installation of a
community garden, tool shed, decomposed granite walks, raised garden beds and compost bins,
and installation of fencing to secure the School site while providing community access to the
garden, teaching area and sports courts is an approved use of Community Development Block
Grant funds.
H. City and District desire to enter into this Agreement to provide for the joint use and
maintenance of the community garden, one -half basketball court, playfield, and teaching area.
NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the
Parties hereto agree as follows:
1. DEFINITIONS. The following definitions shall apply to the terms as used in this Agreement:
A. "Joint Use Property" shall mean that certain real property and improvements thereon, including
the fenced in "Teaching Area" on School property, described in Exhibit "A" attached hereto.
B. "Joint Use Facilities" shall mean
(i) community garden including the raised beds, walkways, compost bins and tool
shed,
(ii) one -half basketball court,
(iii) the asphalt area at the southwest comer of the School site which will be utilized for
the community garden teaching area, and
(iv) sports lighting for the courts and security lighting for the premises, and
(v) playfield.
all as identified in Exhibit "A" attached hereto and incorporated herein.
C. "Technical Advisory Committee" shall mean the committee created and appointed by the City
Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement
between the Parties pertaining to Godinez High School at Centennial Park. The Technical
Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use
Facilities which are the subject of this Agreement.
D. "Regular School Hours" shall mean 6:00 am through 4:00 pm, Monday through Friday
(excluding state and national holidays observed by the District) unless changed by agreement
of the Parties.
E. "District Time" shall mean the time during Regular School Hours, when the District shall have
the fight to schedule use of the Joint Use Facilities.
F. "City Time" shall mean those days and hours outside of Regular School Hours, and weekends,
when the City shall have the right to schedule use of the Joint Use Facilities.
G. "School' shall mean the specific District school identified in the above Recitals.
2. TERM AND COMMENCEMENT. This Agreement shall commence on 7wn 1 2013,
and shall run for a term of thirty (30) years. Upon the written agreement of the Parties, the term may be
extended for up to two additional ten (10) year terms.
3. PERMITTED USE OF FACILITIES. The rights of the City to schedule use of the Joint
Use Facilities shall be determined based on the following.
A. District Use. District shall have the right, without prior consent of the City, to schedule use
of the Joint Use Facilities during Regular School Hours for both the regular school year and
any summer school and, on a first priority basis for activities during City Time upon thirty
day notice to the City and in compliance with the provisions herein ( "District Use ").
However, if City has already scheduled a program for the Joint Use Facilities, then District
shall use its reasonable efforts to provide City with an acceptable alternate location on the
School Site.
B. City Use. City shall be responsible for and have the authority to schedule activities in the
Joint Use Facilities during the City Time, for activities previously recommended by the
Technical Advisory Committee, or for activities during Regular School Hours with the
District's prior written consent ( "City Use ").
C. Administrative Oversight of Community Garden. In the event of a conflict regarding the
planting of the Community Garden, the City shall have the right to determine the plantings,
nutrients, watering facilities and other administrative details regarding the Community
Garden.
D. Priority for Youth Sports. The City will utilize the Joint Use Facilities during City Time,
including the use of the basketball courts for youth sport organizations with priority given to
youth sport organizations that have the greatest number of youth that live within a half (1/2)
mile radius of the School. If the Joint Use Facilities are not being utilized by youth sports
organization, they will be available on a first come first served basis during City Time.
E. District Priority. Priority will be given to a school or District use of the Joint Use Facilities
during City Time. In the event that District desires to use the Joint Use Facilities outside of
Regular School Hours, it agrees it will schedule use of the Joint Use Facilities through the
City. If District's use preempts previously scheduled City or Youth Sports Organization,
District shall use its reasonable efforts to provide a suitable relocation site for the preempted
organization.
F. Scheduling Conflicts. To the extent scheduling conflicts cannot be resolved informally by
the Parties, the Technical Advisory Committee shall be responsible for resolving conflicts in
scheduling of the Joint Use Facilities.
G. City Programming. The City may conduct its own programs or do so through a third party,
so long as done in the same manner and under the same conditions for programming of other
City facilities and meets any applicable State or Federal anti - discrimination requirements or
school -site safety standards such as prohibition of alcoholic beverages and tobacco, and all
restrictions on admission fees or other charges per Education Code section 10900, et seq..
Reservation fees collected by City for City Use of the Joint Use Facilities shall be retained
by City. The City shall not charge the District and the District shall not charge the City for
any use of the Joint Use Facilities. District acknowledges that the funds being provided by
City for the Community Garden renovations are received by City pursuant to the CDBG
Program and its requirements (24 CFR 570.503 and 24 CFR 570.504).
H. Insurance. The City will ensure that each entity that receives from City a permit to utilize
the Joint Use Facilities on City Time shall have general liability insurance coverage in the
amount of at least $1,000,000 per occurrence, and that the District and City are named as
additional insureds on the applicable insurance policies.
I. Supervision of Joint Use Facilities. Each party shall be responsible for appropriate
supervision of all participants while that party is utilizing the Joint Use Facilities.
Maintenance.
i. The District shall be responsible for the maintenance of the security fencing,
playfield, and the asphalt teaching area on District property.
ii. City shall be responsible for the maintenance of the basketball courts, security and
sports lighting, and the community garden area.
iii. Each party shall be responsible for the maintenance of all planters assigned to that
party pursuant to a programming agreement between the parties.
K. Repairs.
The City shall be responsible for repair of the basketball courts, lighting, and
community garden. The District shall be responsible for the repair of the security
fencing, playfield, and teaching area. However, the Parties agree that the cost of
significant repairs to the Joint Use Facilities will be shared by the Parties in equal
parts. As used in this section, "significant repairs" will include the repair or
replacement of a component of the Joint Use Facilities that will cost in excess of
twenty -five percent (25 %) of the reasonable estimated value of the component
needing repair or replacement. For example, if the value of a sports court is $24,000
and the estimated repair cost is over $6,000, that will be considered a significant
repair subject to this subsection.
Each party shall be responsible for damage occurring during its use of the Joint Use Property
and/or the Joint Use Facilities.
L. Utilities. City shall pay for all utility services furnished to the Joint Use Facilities on City
owned property and District shall pay for all utility services furnished to the Joint Use
Facilities on District owned property for the use, operation and maintenance of the Joint Use
Facilities during the Term of this Agreement, or any extension thereof.
M. Further Funding Sources. The Parties to this Joint Use Agreement will cooperate in good
faith to seek further funding for improvements to the Joint Use Facilities and other common
areas at the School and agree that if such funding and improvements are made, that this Joint
Use Agreement will be amended to encompass the renovated areas and additional provisions
related thereto.
4. CHANGE IN USE OF JOINT USE FACILITIES. Since Community Development Block
Grant (CDBG) funds are being used for construction of the Joint Use Facility, and to the extent required by
applicable statutes or regulations, the use or planned use of any such property (including the beneficiaries of
such use) from that for which the acquisition or improvement was made, cannot be changed, unless the City
as the recipient and the District as the subrecipient, provide affected citizens with reasonable notice of, and
opportunity to comment on, any proposed change, and either:
A. The new use of such property qualifies as meeting one of the national objectives in 24
CFR Sec. 570.208 (formerly Sec. 570.901) and is not a building for the general conduct
of government; or
B. The following requirements are met: If the recipient determines, after consultation with
affected citizens, that it is appropriate to change the use of the property to a use which
does not qualify under this section, it may retain or dispose of the property for the
changed use if the recipient's CDBG program is reimbursed in the amount of the current
fair market value of the property, less any portion of the value attributable to
expenditures of non -CDBG funds for acquisition of, and improvements to, the property.
C. If the change of use occurs after closeout, the provisions governing income from the
disposition of the real property in 24 CFR Sec. 570.504(b)(4) or (5), as applicable, shall
apply to the use of funds reimbursed.
D. Following the reimbursement of the CDBG program in accordance with this section, the
property no longer will be subject to any CDBG requirements.
LIABILITY AND INDEMNIFICATION.
A. District shall defend, indemnify and save and hold harmless City, its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expense, costs
(including without limitation costs and fees of litigation of any nature) arising out of or in
connection with District's performance of this Agreement or District's failure to comply
with any of District's obligations contained in the Agreement caused by District, its
officers, agents or employees except such loss or damage which was caused by the sole
negligence or willful misconduct of City. In the event City is named as codefendant,
District shall notify City of such fact and shall represent City in such legal action unless
City undertakes to represent itself as codefendant in such legal action, in which case City
shall bear its own litigation costs, expenses and attorney's fees.
B. City shall defend, indemnify and save and hold harmless District, its officers, officials,
employees, and agents from and against any and all liability, loss, damage, expense, costs
(including without limitation costs and fees of litigation of any nature) arising out of or in
connection with City's performance of this Agreement or City's failure to comply with
any of City's obligations contained in the Agreement caused by City, its officers, agents
or employees except such loss or damage which was caused by the sole negligence or
willful misconduct of District. In the event District is named as codefendant, City shall
notify District of such fact and shall represent District in such legal action unless District
undertakes to represent itself as codefendant in such legal action, in which event District
shall bear its own litigation costs, expenses and attorney's fees.
6. INSURANCE. Both the City and the District shall maintain, for the period covered by this
Agreement, at their own respective costs, their own respective policy or policies of general liability
insurance and property insurance. Each party waives subrogation of its insurance coverage for the other
entity. Self- insurance authorized by state law and/or maintained by the City or the District in the regular
course of business for its other activities shall satisfy this requirement.
7. NOTICES. All notices, statements, demands, requests, consents, approvals, authorizations,
appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed
given and served upon the other party, if delivered personally or three (3) days after depositing in the United
States mail, postage prepaid, addressed as follows:
If to CITY:
And
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Attorney
If to DISTRICT:
Santa Ana Unified School District
1601 E. Chestnut
Santa Ana, CA 92701
Attn: Assistant Superintendent, Facilities & Governmental Relations
8. SEVERABILITY AND APPLICABLE LAW. Whenever possible, each provision of this
Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be held to be invalid, void or unenforceable by a court of competent
jurisdiction or an arbitrator chosen by both parties, such provision will be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision, or the remaining provisions
of this Agreement. This Agreement has been made and entered into in the State of California and the laws
of that State shall govern the validity and interpretation hereof and the Parties' performance hereunder.
9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or
written, between the parties hereto with respect to the subject matter of this Agreement, and contains all of
the covenants and agreements between the parties with respect to this matter. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been
made with regard to this matter by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement, statement, or promise regarding this matter not contained in
this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be
effective only if it is in writing and signed by both parties to this Agreement.
10. REMEDIES FOR BREACH. Any default in the performance of any terms or conditions of
this Agreement, by either party, shall constitute a breach of this Agreement. The non - defaulting party shall
provide thirty (30) day written notification to cure each and every breach identified in the notification. In the
event that the defaulting party fails to cure its default within such period of time, the non- defaulting party
shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity, or under this Agreement. The failure of a party to object to any default in the performance of the
terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any
other term or condition of this Agreement. Any dispute as to the existence of a material breach, the
acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach
of this Agreement shall be resolved by mediation and/or arbitration by a mediator /arbitrator agreeable to
both Parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the
exclusive remedy for enforcement of the rights and responsibilities of all Parties.
11. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the terms,
covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the
Parties hereto and their respective successors. This Agreement shall not be assignable by either Party.
12. TERMINATION. Hither party may terminate this Agreement, at will, with sixty (60) days
prior written notice to the other party.
IN WITNESS WHEREOF, this Agreement has been duly approved by both District and City.
The "District"
Santa Ana Unified School District,
a political subdivision of the State of California
Dated: 4—z4-t3
By:
Joe ixxon, Assistant Superintendent
Facilities & Governmental Relations
By:
tefanie .Phillips, .D., CBO
Deputy Superintendent, Operations
Approved as 7to
By:
P L `ke'ndovson
Attorney, Orbach Huff & Suarez
The "City"
City of Santa Ana
A Charter City
g 2013
Dated:
By:
Kevin MZ6urke
Interim City Manager
Attest:
By:G�a
Maria D. Huizar
Clerk of the Council
Approved as to Form
Sonia R. Carvalho, City Attorney
By: E 4 c r.
Lisa E. Storck
Assistant City Attorney
Exhibit "A"
Joint Use Property
EVIDENCE OME. COVERAGE D6/30/ DOIYYYY)
5!30!2013
This Evidence Of Coverage is used as a matter of Information only and con th Holder. This Evidence of Coverage does not
amend, extend, or alter the coverage afforded by the memoranda listed b
MEMORANDUM NUMBER: 144
JOINT POWERS AUTHORITY NPAI
Alliance of Schools for Cooperative Insurance Programs ifiDistrict
16550 Bloomfield Avenue n
Cerritos, CA 90703 Santa Ana CA 927016322
www.ASCIP.org
CONTACTNAME: Mr. Fritz Helrich, Chief Executive Officer
PHONE: (562) 404 -6029
This Is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have
been issued to the Covered Party named above -for the period - Indicated. Notwithstanding any requirement, term, or condition of any contract or other
document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages
described herein are subject to all the terms, exclusions, and Conditions of such Memorandum of Coverages.
TYPEOFCOVERAGE ANep MEMORANDUM NUMBER (MCC) awoonEPP POLICY ERP LIMIT OF LIABILITY I COVERAGE
jMOLICIYEPP OLICY.EX
GENERALUAEILITV COMBINED SINGLE LIMIT PER OCCURRENCE S $5,000,000
OCCURRENCE
Personal Inlury ✓ MOG #144 711 12019 7/112034 AGGREGATE._..�_�
E NIA
Errols R Omission
Employment practices
s�
3
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT PER OCCURRENCE E $5,000,000
AUTOMOTIVE PHYSICAL DAMAGE MOC W4 7/1/2019 7/1/2014 ACTUAL CASH VALUE E
COMPREHENSIVE I COLLISION
S
RNYAUTO — ----
3
caned Auto
�Bd Auip S
E
PROPERTY ANACONDA COS SUBlECTT N POLICY LIMITS, TERMS,
SUILOING/ CONTENTS
S
FIRE. THEFT: RENTAL INTERRUPTION
S
WORKERS COMPENSATION MA NIA EACH ACCIDENT E
® WC STATUTORY LIMITS PEA EMPLOYEE
POLICY LIMIT $
OTHER SUBIECTTO POLICY LIMITS, TERMS, AND CONDITIONS
EMPLOYEE DISHONESTY ICRIMED ------ b— ®--- .--- .«,.�. -_._
S
.e.- ._. -. -.. $�.�
r
TO VC ti'1.. „.jj E
ADDITIONAL REMARKS;
As respects to agreement,,,
LISFl f SiC;dCA
Assistant Clty Attorney
CERTIFICATE HOLDER CANCELLATION
Should any of the above coverages for the Covered Party be changed or withdrawn prior
to the expiration date issued above, ASCIP will mail 30 days written notice to the
City, Of Santa Ana Certificate Holder, but failure to mail such notice shall Impose no obligation or liability of
Parks, Recreation & Community Services Agency any kind upon ASCIP, its agents, or representatives.
20 Civic Center Plaza
Santa Ana CA 92701
AUTHORIZED REPRESENTATIVE: Fritz Heifich
°ASCIP NoInlnepowersauthodry pursuant to ArtkieI(caramandngwith SWW 6500) Chapter G afDivWm 7 of thin I ortho GmmmentCode andSedi"39603 and 81603 of the Educatlan Cad& R. 547
N°G '
CSRT NO.: 36511060 CLRL:R Cppn: AAA NanCY LaPaz 5(30IR01] IA: U,46 AN page 1 0! ]
District: Santa Ana Unified School District
Endorsement No.
16611660
Additional Covered Party: Description of Operations, Vehicle, or Property:
City of Santa Ana
As respects to agreement
officers, agents and employees
Coverage Period: Effective: 7/11/2013 Expires 12:01 a.tn.:711/2014
The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Parry named above
in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only
with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by
ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent.
In issuing this endorsement, ASCIP intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the
Additional Covered Party named above only to the extent that the Additional Covered Parry faces liability arising out of claims,
demands, or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the ASCIP
MOC. The limits of liability extended to the Additional Covered Party listed above is $5,000,000 per occurrence for liability.
Appp,o'VED AS TO FOP
LISA f;, I'URt 4<
Assistant City Attorney
I-)--
Authorized Representative: /v
Date dssued:513012019
ASCIP is a joint powers authority pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government
Code and Sections 34603 and 81603 of the Education Code,
Rev 5,197
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