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HomeMy WebLinkAbout102-Attachment A - City of Saratoga Joint Use Agreement with Los Gatos-Saratoga Union High School District.pdfAttachment A May 18, 2011 AGREEMENT FOR COOPERATIVE PROGRAM PLANNING AND USE OF FACILITIES This agreement entered on ____________________, 2011 between the City of Saratoga, hereinafter referred to as “the City”, and Los Gatos-Saratoga Joint Union High School District, hereinafter referred to as ‘the District”: is to formally acknowledge the agreement between the City and the District to initiate and implement joint program planning and facility utilization for the purpose of enhancing recreational opportunities for community residents. In consideration of the mutual benefits derived from joint program planning and facility utilization, the parties agree as follows: 1. Term: The term of this agreement is three years, from July 1, 2011 to June 30, 2014. The agreement may be renewed for an additional three year term if the renewal is approved by both parties prior to May 1, 2014. 2. Purpose: The purpose of this agreement is to enhance opportunities for community residents to participate in programs, recreational activities and to increase facility availability for community recreation programs. An outgrowth of these efforts will be a cooperative arrangement for maintenance of school facilities. 3. Scope: Program planning will focus on needs of the City of Saratoga Recreation Department for space to provide programs. The District agrees to continue to work with local organized youth sport leagues to provide practice and game fields when available. The District and the City will work together to develop aquatic programs that serve the entire Saratoga community. 4. Process: School courses, activities, school endorsed athletic programs and community programs devoted to youth presently using the Saratoga High School facility will continue to have priority in facility scheduling processes. Use of the facilities by the City will be coordinated in such a manner as not to interfere or conflict with District activities. The School Principal and the City Recreation Director or designees shall be the contact persons for the coordinated program planning process. Written requests for facility use by the School will be coordinated with a 4 month timeline for schedule publication of each entity. 5 Legal Responsibility/Insurance: The City assumes responsibility for injury or damage, which occurs as a proximate cause of its use of Los Gatos-Saratoga Joint Union High School District facilities and agrees to name the District as additional insured in the City’s comprehensive general liability insurance policy. The City hereby agrees to, and shall, hold District, its elective and appointed Board, Commissions, officers, agents and employees harmless and defend and indemnify the same from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from any negligent or wrongful act or omission of City in the exercise of its use of the Los Gatos-Saratoga Joint Union High School District facilities. The District assumes responsibility for injury or damage, which occurs as a proximate cause of its use or maintenance of Los Gatos-Saratoga Joint Union High School District facilities and Attachment A May 18, 2011 agrees to name the City as an additional insured in the District’s comprehensive general liability insurance policy. District hereby agrees to, and shall hold the City, its elective and appointed Council, Commissions, officers, agents and employees harmless and defend and indemnify the same from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description directly or indirectly arising from any negligent or wrongful act or omission of District in the exercise of its use or maintenance of the Los Gatos-Saratoga Joint Union High School District facilities. 6 Facility Use and Maintenance: All facility use will be consistent with the provisions in Board Policy/Administrative Regulation 7040, Use of Facilities. District shall have first priority for any use of facilities as per Board Policy 7040. City of Saratoga Recreation Department sponsored programs will have second priority and community youth leagues will have third. However, facility use for non-District users is scheduled on a first come, first served basis up to twelve months in advance. If District receives simultaneous requests for facility use, City of Saratoga Recreation Department sponsored programs will have priority over other non-school agencies. It is not the intention of the City to take over any pre-existing time slot or facility currently being used by community youth leagues. This agreement applies to use of the facilities listed below and does not apply to other District facilities (e.g., swimming pool, meeting rooms, etc.). Compensation for use of District facilities will be paid by the City at agreed upon rates listed. Rates will be adjusted every year, beginning July 1, 2011, to reflect changes in the December-to-December Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners rounded to the nearest $1.00 increment, provided that the rate increase in any year shall not exceed five percent (5%). Tennis Courts $6/hour (1-4 courts) Small Gym $21/hour Large Gym $32/hour Upper Field $79/hour Basketball Court $79/hour The City has contributed a sum of $150,000 toward the swimming pool fund. The above compensation charged to the City shall continue to be deducted from the aforementioned swimming pool fund financial contribution made by the City. Only after the swimming pool fund contribution has been totally drawn down will the City be obligated to pay such charges directly. The balance as of April 21, 2011 is $39,708. 7. Billing: The District agrees to provide clean and safe facilities prior to usage by the City. In addition to the above referenced charges, the City shall pay the District for any extra-ordinary expenses reasonably relating to the City’s use of the facility, including but not limited to additional District expenses to cover custodial, administrative, or supply expenses which the District must expend as a result of City’s use of the facility. 8. Termination Provisions: This agreement may be terminated by either party at any time upon 30 days notice to the other party. Should either party decide not to continue this Agreement before the City’s swimming pool contribution has been drawn down, the District shall deduct from the fund any fees owed to the District by the City pursuant to section 6 and the Attachment A May 18, 2011 remainder of the pool fund shall be returned to the City within 30 days of the notice of termination. If the agreement is terminated after the City’s swimming pool contribution has been drawn down, the City shall pay any fees owed to the District pursuant to section 6 within 30 days of the notice of termination. 9. Amendments: No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. CITY OF SARATOGA LOS GATOS-SARATOGA JOINT UNION SCHOOL DISTRICT By: ___________________________ By: _______________________ Dave Anderson, City Manager Tom Woodruff, CBO ____________________________ ______________________ (Date) (Date) APPOVED AS TO FORM: ____________________________ (City Attorney) ____________________________ (Date)