CITY COUNCIL AGENDA ITEM NO.
Meeting Date: January 8, 2001
Subject/Title: Approval of agreement and resolution between the City of Brentwood and Brentwood Union School District relating to the joint use of the Garin Multi-purpose room facility.
Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Approved by: John Stevenson, City Manager
Approve the agreement and resolution between the City of Brentwood and Brentwood Union School District.
The City of Brentwood and Brentwood Union School District have a long standing working relationship in the development and use of facilities. Recently, the City and School District have worked together in staff and financial support to build community use gymnasiums at Bristow School and Edna Hill School, which the Parks and Recreation Department is now reserving for community use.
The School District has notified the City that they have the opportunity to apply for a State grant to help build a new multi-purpose building at Garin Elementary School and are asking for our support in the grant application. However, as this grant application does not require a City match, the District is not asking for money from the City.
Approval of the agreement and resolution will allow the Brentwood Union School District to move forward with their application for Garin School.
Letter from Brentwood Union School District
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE JOINT USE AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND THE BRENTWOOD UNION SCHOOL DISTRICT RELATING TO THE GARIN ELEMENTARY SCHOOL MULTI PURPOSE ROOM FACILITY.
WHEREAS, on January 8, 2002 representatives of the Brentwood Union School District and the City of Brentwood have prepared a Joint Use Agreement for the planned construction and use of the Garin Elementary School Multi Purpose Room.
WHEREAS, the City and the School District will work out the amount of any City contributions to the project if additional space is added to the project by the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves the Joint Use Agreement between the City of Brentwood and the Brentwood Union School District relating to the Garin Elementary School Multi Purpose Room and hereby authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at its regular meeting on January 8, 2002 by the following vote:
Michael A. McPoland, Sr.
Karen Diaz, CMC
AGREEMENT BETWEEN THE CITY OF BRENTWOOD
AND BRENTWOOD UNION SCHOOL DISTRICT
RELATING TO THE JOINT USE OF THE
GARIN MULTI-PURPOSE ROOM FACILITY
THIS AGREEMENT is made and entered into this 8th day of January, 2002, by and between the CITY OF BRENTWOOD, a municipal corporation, hereinafter referred to as “City”, and the BRENTWOOD UNION SCHOOL DISTRICT, Contra Costa County, California, hereinafter referred to as “School District”. This Agreement is not effective unless and until the State Allocation Board Grant for the Garin Elementary School Multi- Purpose Room facility is approved.
WHEREAS, Sections 10900-10916, inclusive, of the Education Code of the State of California, authorize cities, counties and public school districts to organize, promote and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for the children and adults of the State; and
WHEREAS, School District has commenced the preliminary planning of a Multi Purpose Room within the City; and
WHEREAS, City and School District recognize the public need for a Multi Purpose Room and desire to cooperate in the construction and use of the Multi Purpose Room to be constructed on the District Site located on the Garin Elementary School campus at 250 A First Street;
WHEREAS, it is the mutual desire of City and School District to promote a program of community recreation in connection with the use of this Multi Purpose Room; and
WHEREAS, the governing bodies of City and the School District may cooperate with each other to carry out the purposes of community recreation, and to that end may enter into an agreement with each other and may do any and all things necessary to aid and cooperate in carrying out the purposes of community recreation; and
WHEREAS, Sections 6500-6515 of the Government Code of the State of California authorize public agencies through their governing bodies to jointly exercise any power common to the contracting agencies.
NOW, THEREFORE, in consideration of the mutual promises set forth below, City and School District agree as follows:
1. Cooperative Efforts. School District and City shall cooperate in providing a community recreation program under the authority contained in Sections 10900-10916, inclusive of Education Code of the State of California, in connection with the use of the Multi-Use Building referred to herein.
2. Construction of the Multi Purpose Room. School District shall cause to be constructed at the Garin Elementary School, 250 A First Street, Brentwood, California (hereafter “the Garin site”), a Multi Purpose Room, (the “Multi Purpose Room”) to be owned by the School District upon acceptance of the completed work. The Multi Purpose Room shall be operated by the School District and shall be used for school instruction/classes and for community recreation purposes.
3. Consultants. School District shall employ engineering and architectural consultants to design the Multi Purpose Room.
4. Meet and Confer. School District shall require its consultants to meet and confer with City prior to commencing design work and at regular intervals throughout the design and construction stages.
5. Design Review. The Multi Purpose Room shall be subject to design review as provided by the Office of the State Architect regarding school facilities.
6. Plans for the Multi Purpose Room. The School District shall make available to the City a copy of all plans and specifications for the Multi Purpose Room prior to submittal to the State Office of Architecture and Construction. The plans and specifications may be submitted to City Council for its review. City shall have the right to request changes to the plans and specifications prior to submittal to Office of Architecture and Construction. If the City requests changes to the plans and specifications, the parties shall meet and discuss how the costs for such changes should be allocated. The School District shall obtain all necessary permits and pay all required fees and licenses for the construction of the Multi Purpose Room and shall comply with the rules and regulations of the State Office of Architecture and Construction.
7. Inspection During Construction. A licensed state approved inspector shall be employed by the District for the Multi Purpose Room project. The City shall have the right but not the duty, to inspect the work in progress and the right to request that construction defects be corrected. “Defects” shall be defined as and limited to construction which does not conform to approved plans and specifications.
8. Final Inspection. Prior to the completion of construction of the Multi Purpose Room, the City and School District shall jointly make a preliminary and final inspection of the work prior to the School District acceptance of the completed work. City request for corrections shall be completed prior to acceptance by School District.
9. Use Upon Acceptance. When the Multi Purpose Room has been accepted by the School District, School District shall make those portions of the Multi Purpose Room designated as “recreation areas” of the plans and specifications, available to the City for community recreation activities.
10. City’s Contribution to the Multi Purpose Room. City shall work out an amount as its contribution to the project based on both its projected use and additional requests the City makes to the project. The payment of such amount can be spread out over an extended period of time and can be based on revenue as generated from recreation activities and other community events. The actual amount of the City’s contribution will be determined at the time of the award to the construction contractor.
11. City’s General Responsibilities for Use. Upon the filing of the Notice of Completion, City shall pay to the School District a share of the cost of maintenance services, repairs, utilities, and any other costs incurred by the School District in the operation and maintenance of the Multi Purpose Room, including the cost of custodial services. City’s share of such costs shall be based upon hours of City use compared to hours of School District use and shall be mutually agreed upon at the joint meeting described in Paragraph 14(a) of this Agreement. School District shall invoice the City every 90 days. Modifications to the City’s percentage share of costs and expense may be made by a writing executed by the City Manager and the School District Superintendent following the annual joint meeting described in Paragraph 14(a) of this agreement.
12. Insurance. Upon the filing of the Notice of Completion, each party shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise form or in connection with that part’s use of the Multi Purpose Room.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence for CG 001).
(2) Insurance Service Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
B. Minimum Limits of Insurance
Each party shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
13. Eminent Domain. In the event of a total, substantial, or partial taking of the Multi Purpose Room by a governmental agency exercising its right of eminent domain, the rights of the parties with respect to the term and the award shall be as the parties agree to be just and equitable under all the circumstances, having in mind the economics of operating any remaining portion of the premises and improvements, the cost of restoration, and the balance of the term remaining, among other relevant considerations.
14. Community Use of Recreation Area. Upon completion of the Multi Purpose Room, the Recreation Areas shall be made available to the community, subject to the following:
a. The Recreation Areas shall be maintained in operable condition year round, except for those periods of time required for floor resurfacing and other facility repair or maintenance. The School District shall maintain the Recreation Area and make all alterations, additions, or repairs required by law and bill the City for its share as described in paragraph 11 of this agreement. The School District shall schedule and operate the Recreation Area in cooperation with the City and/or its appointed representatives. School District shall allow City to have first rights or request for use of the Recreation Area after the School District’s needs have been met. A schedule of the times and dates the Recreation Areas are available for use by School District and for use by City shall be arranged between representatives of City and School District. The schedule shall be completed at a joint meeting of both parties no later than July 1 of each year. At a minimum, the schedule shall provide that the Recreation Area shall be available to the School District each school day until 4:00 p.m., available to the School District throughout the evening on days traditional school events are scheduled such as Back-to-School Night, Open House, evening performances and other usual night student activities, and otherwise available to the City on school days after 4:OO p.m., on weekends, and during school intersession breaks. The schedule may be reviewed and updated each three months thereafter by both parties. In the event the City and the School District cannot reach agreement on schedule, each shall appoint a representative to a Dispute Resolution Panel, and the two representatives shall jointly appoint a third Panel member. The Dispute Resolution Panel shall, by majority vote, make a decision on the dispute binding on the School District and the City. City and School District shall adhere to the schedule. However, each shall notify the other a at least sixty (60) days prior to any scheduled activities in the Recreation Area that may materially impact its use by the other agency.
b. At all times when the Recreation Area is used by the City, or the School District, it shall be under the supervision and control of the agency using it, its agents and employees and administered and operated in accordance with all rules and regulations established by the School District. City shall assume full responsibility for the scheduling, supervision and control of recreational activities conducted by City. City shall provide adequate and qualified recreational personnel to fulfill these responsibilities. All personnel employed in connection with the City’s use of the Recreation Area for recreational programs shall be deemed City employees or its agents. The hiring, supervision and discipline of all such personnel shall be the responsibility of City. both parties shall procure and maintain in full force and effect worker’s compensation insurance coverage, or be permissibly self insured, for such recreational personnel for any death, injury or illness arising in connection with either part’s performance under this Agreement.
c. City and School District shall furnish recreational and educational apparatus and equipment according to the terms set forth herein. Such equipment shall remain the property of the party furnishing it. School District shall furnish and City shall furnish such recreational and educational apparatus as each deems appropriate for its programs. City, may, with the express written approval of the School District, furnish and install at its own expense, such additional recreational and educational apparatus as it deems required in connection with the performance of its recreational and educational programs pursuant to this Agreement. Any such additional apparatus may be stored at the Multi Purpose Room so long as it does not interfere in any way with the ordinary use by the School District of the Multi Purpose Room or the Recreation Area.
d. As authorized by Government Code Section 895.4 in connection with the use of the Recreation Area pursuant to this Agreement:
(1) City shall indemnify, save and hold harmless School 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 persons, 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. In the event of any such claim made, or suits filed, School 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 thereunder.
(2) School District shall indemnify, save and hold harmless City, its officers, agents, and employees, against any and all claims, causes of action, suits, or judgments, including expenses incurred therewith of death or injury to persons or loss of, or damage to, property, resulting form negligent acts of School District, its officers, agents or employees in the performance of this Agreement. In the event of any such claims made or suits filed, City shall give School District proper notice thereof, and School District shall have the right to defend or settle the same to the extent of its interest hereunder.
e. Each agency shall be responsible for clean-up in the Recreation Area after use. Each agency shall make full effort to communicate information regarding clean-up problems to the other agency in an effort to improve housekeeping.
f. City shall assume responsibility for damage occurring to the Multi Purpose Room caused during City’s use and immediately notify the School District. School District shall assume responsibility for damage occurring to the Multi Purpose Room caused during School District’s use and immediately notify the City.
g. The City or the City’s designated representative shall have the exclusive use of any recreation office for recreation purposes.
14. Assignment. 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 this Agreement. Each party shall not make any use of the Multi Purpose Room or the Recreation Area 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 Recreation Area.
15. Successor and Assigns. This Agreement shall bind the successors and assigns of the parties hereto.
16. Previous Agreements. This Agreement supersedes and replaces all previous agreements by and between the City and School District as they may pertain to the construction or use of the subject property.
17. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the parties.
18. Notices. Any notices that either party desires to or is required to give to the other party or any other person shall be in writing and either served personally or set by pre paid first class mail. Such notices shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other part of the change of address. Notice shall be deemed communicated within seventy-two (72) hours from the date of mailing, if mailed as provided in this paragraph.
City Of Brentwood Brentwood Union School District
150 City Park Way 255 Guthrie Lane
Brentwood, CA 94513 Brentwood, CA 94513
19. Termination. This agreement may be terminated by either party upon 45 days written notice to the other. The term of this Agreement shall be for 5 years, or the term required under the State allocation grant whichever is the longer term.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year first above written.
Michael A. McPoland, Mayor President, Board of Trustees
City Clerk Clerk, Board of Trustees
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney Attorney for the Brentwood Union