Meeting Date
Subject
AGENDA REPORT TO CITY COUNCIL
Attachments
1 School District Letter dated February 24 2006
2 Proposed Joint Use Agreement Draft Final to be sent under separate cover if
I
BELIEVE 11 TO
ACHIEVE IT
BUENA PARK SCHOOL DISTRICT
6885 OrangethorpeA venue Buena Park California 906201398 714 5228412 FAX 714 9941506
Administration
Mr Lew Becker Superintendent
Mr Greg Magnuson Deputy Superintendent
Mrs Bonnie Bell Assistant Superintendent Educational Services Governing Board
Elizabeth Swift President
Mary Fuhrman ClerkPresident Pro Tern
L Carole Jensen Member
Barbara Michel Member
Samuel Van Hamblen Member
September192006
RECEIVED
SEP 2 5 2006
CITY CLERK
Steve Hunt
City of Buena Park
Parks Recreation Department
8150 Knott Avenue
Buena Park CA 90627
Dear Steve
Enclosed please find a copy of the signed original JointUse Agreement for Construction and Use of School Facilities between the City of Buena Park and Buena Park School District The original signed agreement is on file in the Administrative Services Department at the District If you need further information pleasecontact me at 714 7364262 Sincerely
CITY OF BUENA PARK
Office of the City Clerk
Shalice Reynoso
April 28 2006
Buena Park School District
6885 Orangethorpe Ave
Buena Park CA 90620
ATTENTION Lew Becker Superintendent
Dear Mr Becker
At its meeting of April 25 2006 the City Council of the City of Buena Park approved the Joint Use Agreement for Construction and Use of School Facilities between the Buena Park School District and the City of Buena Park
Enclosed is one copy of the agreement which has been signed by the City of Buena Park Also enclosed is a letter of certification of selfinsurance for the City Your attention is called to the insurance requirements on pages 8 9 Please provide us with a letter or certificate of insurance showing evidence of the required coverage along with a copy of the fully executed agreement when it is available Thank you
Sincerely
íJðn
Teresa JaCksoc
Deputy City Clerk
Enclosure
c Steve Hunt Director of Recreation
Parks and Community Services
6650 Beach Boulevard PO Box 5009 Buena Park California 906225009 714 5623750 Fax 714 5623506
CITY OF BUENA PARK
Human Resources Risk Management
April 28 2006
Buena Park School District
Attention Lew Becker Superintendent
6885 Orangethorpe Avenue
Buena Park CA 90620
SUBJECT CERTIFICATION OF SELF INSURANCE
Dear Mr Becker
Please be advised that the City of Buena Park is a permissibly selfinsured entity for liability exposures and workers compensation In addition the City carries excess insurance coverage under the following excess insurance policies Excess Liability is provided through Insurance Company of the State of Pennsylvania and Excess Workers Compensation is provided through Employers Reinsurance Corporation
Should you have any questions please feel free to call me at 714 5623513 Sincerely
CITY OF BUENA PARK
Jim Va erpool
Administrative Services M
6650 Beach Boulevard PO Box 5009 Buena Park California 906225009 OrlbdltrrrhankyouPrtcipte 714 5623515 Fax 714 7395012
ORIGINAL SIGNED AGREEMENT ON FILE IN THE ADMINISTRATIVE SERVICES DEPARTMENT
AT BUENA PARK SCHOOL DISTRICT
JOINTUSE AGREEMENT
FOR CONSTRUCTION AND USE OF SCHOOL FACILITIES
THIS JOINTUSE AGREEMENT FOR CONSTRUCTION AND USE OF
SCHOOL FACILITIES Agreement is entered into this 25th day of Apri 1 2006 by and between the BUENA PARK SCHOOL DISTRICT a California public school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the State of California District and the CITY OF BUENA PARK a California municipal corporation City collectively District and City shall be referred to herein as the Parties and individually as a Party
RECITALS
A WHEREAS District and City have determined that a demonstrated need exists for both community and school purposes to construct a new facility that shall include a gymnasium restroom adjacent parking lot and related facilities collectively the Facility and B WHEREAS the Parties have agreedto apply for a Joint Use Grant the Grant as codified in the JointUse ProjectGrant Determination Education Code Title 2 Division 2 Chapter 3 Article 12 Sections 1859120 1859130 for a Type II Joint Use Project Project to construct the Facility The preliminary plans for the Project are described in Exhibit A attached hereto and
C WHEREAS California Education Code Section 1707740 et 5ill JointUse Facilities requires that grants to fund jointuse projects to construct a gymnasium on kindergarten to grade12 school sites demonstrate the following 1 The school district has entered into a JointUse Agreement with a government agency public community college public college or public university or a nonprofit organization approvedby the board
2 The JointUse Agreement specifies the method of sharing capital and operating costs specifies relative responsibilities for the operation and staffing of the facility and specifies the manner in which the safety of the pupils will be ensured 3 The jointuse partner has agreed to provide matching funds for no less than twenty five percent 25 of the eligíble costs under this article The remaining local contribution will come from any other District source that would not otherwise be available to the State Allocation Board SAB 4 The school district demonstrates that the facility will b e used tot he m aximum extent possible for both school and community purposes or both school and higher education purposes as applicable
5 The project application qualifies for funding under paragraph 1 or 2 of subdivision b of Section 1707740 and the school district has received all approvalsnecessary for apportionment under this chapter 6 The project qualifies for funding under paragraph 3 of subdivision b of Section 1707740 and the school district has completed preliminary plans for the project and has received State Department of Education approval of the plans and D WHEREAS District and City have agreed to act jointly to develop a plan to construct and share usage ofthe Facility and
E WHEREAS District is the owner in fee of that certain real property described in Exhibit B attached hereto located at 6931 OrangethorpeAvenue Buena Park California 90620 the Site and
F WHEREAS District has agreedto contribute use of the Site for the benefit of the Project and matching funds of twentyfive percent 25 of the eligible costs ofthe Project and G WHEREAS City has agreed to be the jointuse partner and contribute matching funds of twentyfive percent 25 up to a maximum amount of One Million Five Hundred Thousand Dollars 150000000 of the eligible costs of the Project in accordance with Education Code Section 1707742c and
H WHEREAS it is the desire of District and City upon the express terms and conditions set forth in this Agreement to utilize the Facility for the mutual benefit and use of each party pursuant to the terms set forth herein and
I WHEREAS District and City acknowledge that this Agreement is being entered into by each Party as a courtesy between public agenciesand for the mutual benefit of each to allow District and City to construct and operate a gymnasium on the Site and J WHEREAS District and City acknowledge that this Agreement is being entered into to assist each others common goals of meeting the community need for a gymnasium and KWHEREAS District and City agree that the Facility will be used to the maximum extent possiblefor both school and community purposes and L WHEREAS it is in the interest of the Parties and the community to have the Facility envisioned by this Agreement designed constructed maintained and funded pursuant to the terms set forth herein and
M WHEREAS the Parties acknowledge and agree that this Agreement shall be contingent upon and effective only if the Grant is approved to construct the Project and N WHEREAS the Parties desire to derIDe the method of sharing capital and operating costs the relative responsibilities for the operation and staffrng of the Facility and the manner in which safety will be ensured with respect to the Project pursuant to the terms set forth herein
2 00515000022627474v1
AGREEMENT
NOW THEREFORE in consideration of the foregoing recitals the Parties hereto agree as follows
10 METHOD OF SHARING CAPITAL AND OPERATING COSTS
The Parties will share capital and operating costs as follows 11 Capital CostsCity will contribute matching funds constituting twentyfive percent 25 up to a maximum amount of One Million Five Hundred Thousand Dollars 150000000 of the eligible costs for construction of the Project District will contribute matching funds constituting twentyfive percent 25 of the eligible costs for construction of the Project and use of the Site for the purposes of the Project 12 Operating Costs
121 Maintenance Cleaning repair maintenance and all other custodial services for the Facility its restrooms and parking lot shall be provided as follows A District District shall maintain the Facility or cause it to be maintained in good and safe condition and shall provide preventative andor regularly scheduled maintenance District shall provide custodial support during all hours of operation District shall maintain accounts and records of the expense of custodial services maintenance and repairs pertaining to the Facility which accounts and records shall be made available for inspection upon request of the City
District shall semiannually submit to City beginning the flTst day of January of the calendar year next succeeding the date of completion of the Facility an invoice for direct custodial expenses incurred by the City and for a pro rata share of expenses for preventative andor regularly scheduled maintenance performed on the Facility during the preceding six 6 months which invoice shall itemize by each expense category Citys share of the total cost of custodial services and maintenance of the Facility City shall promptly pay to the District its share of such costs within thirty 30 days of receipt of such invoice For purposes of allocating costs pursuant to this Agreement the term pro rata share as it pertains to the City shall mean the percentage of hours that the Facility is authorized for use by the City within the preceding six 6 months provided that 100 shall represent the total number of hours the Facility is authorized for use by the District and the City within the preceding six 6 months B City City agrees to remove any debris generated by its activities and shall leave the Facility in a comparable state as existed prior to the conduct of its activities City shall reimburse District for the cost of repairing damage that may occur to the Facility during periods of use by City save and except where such damage may be attributed to ordinary or reasonable use ofthe premises
C The Parties shall monitor the condition of the Facility and shall notify the other when a use or group has caused damage to the Facility The Parties shall take prompt action to correct the situation by providing onsite supervision All costs for repair of vandalism damage shall be billed to the Party having use of the Facility when the damage occurred If the time of occurrence of the damage cannot be reasonably ascertained or if the 00515000022627474vl
3 damage occurred while neither party was using the Facility then the cost of repairing such damage shall be paid for by both parties on a pro rata basis In the event that any claim is successfully asserted against either the District or the City based upon the maintenance of the Facility the damage awarded shall be borne by the District and City on a pro rata basis In the event District contracts for all or a portion of the maintenance of the Facility District shall cause additional insured endorsements regarding insurance as specified in this Agreement to be included in each such contract
122 Utilities District and City shall share responsibility for the payment of all utilities associated with the Facility Each Party shall pay for the cost of utilities on a pro rata basis The Citys pro rata share shall be billed to the City beginning the fIrst day of January of the calendar year next succeeding the date of completion of the Facility for utility costs incurred during the preceding six 6 months which invoice shall itemize by each expense category Citys share of the total costs of utilities for the Facility City shall promptly pay to the District its share of such utilities within thirty 30 daysof receipt of such invoice In the event that a separate meter is installed on the Site to measure only the Citys water or electric usage then City shall pay such utility bills directly to the service provider 20 PROJECT DESCRIPTION The following is a description of the project The facility will be constructed in accordance with the preliminary plans Exhibit a on the site and used for the needs of both the community and the schools As provided herein the city will have use of the gymnasium restrooms and adjoining parking lots to conduct recreational programs for the generalpublic
30 CONSTRUCTION OF FACILITIES District agrees to design and construct the Facility in accordance with the Preliminary Plans and in compliance with all statutes laws and regulations A copy of the Projects estimated construction costs is set forth in Exhibit c hereto All construction services are to be performed by a properly licensed architect engineer contractor or inspector including construction management services which shall be provided by a licensed contractor architect or engineer and shall comply with all public works requirements including those contained in the Public Contract Code and Labor Code including but not limited to bidding bonding and the payment of prevailing wages All contractors and subcontractors and their employees and agents who enter onto the Site for any reason or at any time subscribed herein shall submit or have submitted their fmgerprints or otherwise comply with Education Code Section 451252
Representatives of the City will be consulted during the design and construction phases in regardsto Facility features that will affect recreation operations and programs The District shall construct the Facility in all respects as set forth in the Preliminary Plans except as otherwise agreedupon in writing District shall not be required to seek such agreement from the City with respect to infrastructure andor other matters of construction that do not affect overall functionality of the Facility
00515000022627474vl
4 40 OPERATION STAFFING AND SAFETY OF FACILITY The following describes the parties relative responsibilities for the operation staffmg and safety of the facility 41 Types of Uses No person or organization shall be permitted to use the Facility where such use is inconsistent with provisions of the Education Code or any other laws and ordinances of the State of California or inconsistent with the respective education programs and activities of City and District Any and all use of the Facility is subject to supervision pursuant to Section 45 herein Each Party agrees to utilize the Facility in conformance with Federal and State law as well as respective City and District administrative regulations andor board policies Disputes under this section shall be resolved pursuant to Sections 152 and 153 of this Agreement
42 Scheduling Representativesfor the District and the City shall meet twice per school year or more often as needed to establish schedules for use of the Facility Scheduling Meetings The first meeting shall occur no later than August 1st The second meeting shall occur no later than April 1st District and City shall establish written schedules setting forth times and uses for the year In the event either party is prevented from using the Facility due to flIe earthquake flood acts of God or other cause beyond the reasonable control ofthat Party the Parties shall meet and confer in good faith to revise the current use schedule or establish a new use schedule whichever is deemed by the Parties acting in good faith to be most equitable under all of the circumstances
421 School Days On School Days District shall have the right to exclusive use of the Facility from 700 am until 500 pm City shall have the right to exclusive use of the Facility after 500 pm on School Days unless a prescheduledDistrict athletic event is in progress and at all times on Saturdays Sundays and holidays and at all other times when school is not in session District shall notify City at the Scheduling Meetings of any District athletic events that are anticipated to extend past 500 pm so that such athletic events may be included in the schedule that is agreedupon at the Scheduling Meetings School Day refers to Monday through Friday while school is in session excluding holidays Both parties will meet and confer in good faith as to potential conflicts in use that may arise including alternate schedulingthat encroaches on the other partys exclusive use times 422 NonSchool Days Except as otherwise agreed upon during District Summer Session ie during weeks when summer school is in session District shall have the right to exclusive use of the Facility during the hours of 700 am to noon Monday through Friday However City shall have the right to exclusive use of the Facility at all times when school is not in session
43 Access to Facility Locks Keys and Access Authorization The lock style types of gates and keycode authorization to be utilized at the Facility will be coordinated in such a manner as to allow dual access while maintaining the safety and property security District shall retain sale discretion and authority to determine lock style types of gates and keycode authorization at the Facility The District Representative shall provide the City Representative with five copies of each key necessary to access the Facility during times authorized for use by the City
432 Parking The City and any organization or persons permitted by the City or the District to use the Facility shall be entitled to use the parking areas on the 5 00515000022627474vl
property during times authorized for Citys use of the Facility in order to minimize offsite parking intrusion to surrounding properties The cost of custodial services maintenance and utilities for the parking lot shall be apportioned as set forth in Section 12 above 44 Program Costs
441 General Costs Except as otherwise provided each Party covenants and agrees to bear all costs that it incurs with respect to the operation of any recreation program or other authorized activity including the cost of service of its employees and incidental costs in connection therewith
442 Reservation of Fee Assessment Rights The Parties acknowledge that the District and the City may charge reasonable fees for the use of the Facility during their allotted schedules as permitted under the laws of California for any legal purpose including the offset of costs associated with establishing coordinating and conducting recreation programs 45 Supervision and Safety Each Party shall be responsible for supervising its respective activities including but not limited to providing qualified personnel necessary to provide adequate supervision and ensure that the activities occur in a safe and secure manner Each Party shall require all third persons or entities which such Party has authorized to use the Facility to provide qualified personnel necessary to provide adequate supervision and ensure that the activities occur in a safe and secure manner The City and the District shall comply with all statutes laws and regulations pertaining to personnel fmgerprinting 50 PROJECT FUNDING Project funding shall be based upon approval of the joint use project grant and citys matching funds for twentyfive percent 25 of the eligible costs not exceeding One Million Five Hundred Thousand Dollars 150000000 under education code article 106 jointuse facilities Citys share shall be contributed prior to the notice of completion for the project District shall contribute the use of the site and matching funds for twentyfive percent 25 of the eligible costs under education code article 106 joint use facilities
A copy ofthe JointUse Grant application for the Project is set forth in Exhibit D hereto 60 OWNERSIDP OF THE SITE FACILITY FURNISIDNGS AND
EQUIPMENT The underlying fee title to the land building and improvements shall be owned by District Personal property trade fixtures furnishings or equipment provided or paid for by city or district shall remain the property of city or district respectively h C7
70 TERM OF THE AGREEMENT This Agre ment shall commence upon execution by the Parties and remain in effect until that date who h is thirty 30 years from the date of completion of the Project This Agreement shall be rene able for terms of up to ten 10 years per term The City may terminate this Agreement hout cause and with no further obligation upon sixty 60 days written notice to the District t any time after that date which is one 1 year after the completion of the Project BaJci 110 circumstances the District be obligated to return any Project costs contributed by the City 5 It 1
71 Sale ofPropertv If at any time during the initial thirty 30 year term hereof the District determines that due to Districts fmancial constraints it must sell the property 00515000022627474v1
6 upon which the Facility is located and as a result of that determination the Facility will no longer be available for Citys use in accordance with the terms of this Agreement then the District shall provide written notice of such determination to the City District acknowledges and agrees that the City should be compensated for the resulting loss of use of the Facility that will occur Accordingly within thirty 30 days of such notification or such other agreedupon period District and City shall meet and confer in good faith to determine equitable compensation for the Citys loss If the District and City have not entered into a written agreement effecting compensation to the City within ninety 90 days of the date of Districts notice or such other period as agreedupon in writing then the City shall be entitled to receive a minimum payment equal to the number of years of the initial thirty 30 year term remaining computed to the nearest quarter multiplied by 5000000 without interest Such payment shall not otherwise affect the rights that either Party may have pursuant to this Agreement Notwithstanding the foregoing should any term or condition of the Grant conflict with any sentence or provision of this paragraph then such term or condition of the Grant shall govern 80 INDEMNIFICATION
81 Indemnification To the fullest extent permitted by law District shall defend indemnify and hold harmless City its officers officials employees and agents from any liability claims suits actions arbitration proceedings administrative proceedings regulatory proceedings construction liens of any kind including stop notices losses damages expenses or costs of any kind whether actual alleged or threatened reasonable attorneys fees incurred by City court costs interest defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation and to the extent incurred in relation to as a consequence of arising out of or in any way attributable actually allegedly or impliedly to Districts acts or omissions in the performance of this Agreement All 0 bligations under this provision are to be paid by District as they are incurred by City This indemnity shall survive termination andor expiration of this Agreement To the fullest extent permitted by law City shall defend indemnify and hold harmless District its employees agents and officials from any liability claims suits actions arbitration proceedings administrative proceedings regulatory proceedings losses damages expenses or costs of any kind whether actual alleged or threatened reasonable attorneys fees incurred by District court costs interest defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation and to the extent incurred in relation to as a consequence of arising out of or in any way attributable actually allegedly or impliedly to Citys acts or omissions in the performance of this Agreement All obligations under this provision are to be paid by City as they are incurred by District This indemnity shall survive termination andor expiration of this Agreement
82 Third Party Use Each Party agrees to require all third party organizations which each Party authorizes to use the Facility or enter the Site to execute a document containing an indemnification stating the following
Name of Organization agrees to hold harmless defend and indemnify the City of Buena Park the Buena Park School District and each of Citys and Districts officials Board members agents officers employees and representativeswith respect to any and all liabilities actions claims judgments or demands for injury death loss or damages regardless of fault or cause to the extent arising 005 1 5000022627474vl
7 out of or connected with the use of or access to the Facility including any parking area utilized in connection with such use by name of organization or any of its agents officers employees representatives contractors or invitees 83 Tort Liability Government Code Section 8952 imposes certain tort liability jointly upon public agenciessolely by reason of such public agenciesbeing parties to an agreement as defined in Government Code Section 895 Therefore each of the Parties as between themselves and pursuant to the authorization contained in Government Code Sections 8954 and 8956 assumes the full liability imposed upon it andor any of its officers agents representativesor employeesby law for injury caused by a negligent or wrongful act or omission by any of them occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 8952 To achieve this purpose each Party indemnifies and holds harmless the other Party for any loss cost or expense including reasonable attorneys fees that may be imposed upon or incurred by such other Party solely by virtue of Government Code Section 8952
90 INSURANCE
91 General Insurance Requirements Without limiting the indemnification provision and during the term of this Agreement the Parties shall provide and maintain and shall require their subcontractors to maintain the insurance programs set forth in this Section 90 Each Partys insurance shall be primary to and not contributing with any other insurance or selfinsurance programs maintained by the other Parties and shall be provided and maintained at the Partys own expense
911 Evidence of Insurance Each Party shall provide a letter or certificate of insurance or selfinsurance satisfactory to the other Parties prior to commencing services under this Agreement Such evidence shall identify this Agreement and the required coverages and provide that the other Parties receive written notice by mail at least thirty 30 days in advance of cancellation for all required coverages 92 Insurer Financial Ratings and SelfInsurance If commercial insurance is used it shall be provided by an insurance company with an AM Best rating of not less than A VII or as otherwise agreedto by the Parties In lieu of commercial insurance each Party shall retain the right to selfinsure for all or any portion of its insurance obligations herein 921 Notification of Incidents Claims or Suits The Parties agree to notify one another of any accident or incident relating to services performed under this Agreement which involves injury or property damage which may result in the filing of a claim or lawsuit against any of the Parties and of any actual third party claim or lawsuit arising from or related to services under this Agreement
93 Insurance Coverage Requirements Except as otherwise provided herein each Party shall maintain the following programs of insurance coverage 931 Commercial General Liability insurance with limits of not less than the following and naming the other Party and its officials officers employees and agents as additional insureds
0O515000022627474vl
8 General Aggregate
ProductsCompleted Operations Aggregate
Personal and Advertising Injury
Each Occurrence
2 million
1 million
1 million
1 million
932 District shall maintain in full force during the term of the Agreement a policy or policies of fire insurance covering the Project 933 Automobile Liability insurance with a limit of liability of not less than 1 million for each accident Such insurance shall include coverage for all owned hired and nonowned vehicles or coverage for any auto
934 Workers Compensation and Employers Liability insurance providing workers compensation benefits as required by the State of California and for which each of the Parties contractor andor subcontractors shall be responsible This insurance shall include Employers Liability coverage with limits of not less than the following Each Accident
Disease policy limit
Disease each employee
1 million
1 million
1 million
100 NONDISCRIMINATION The Parties agree that in providing the services the hiring of staff and the selection and use of volunteers all persons will be treated equally and without regard to or because of race color religion ancestry national origin sex age sexual orientation marital status or disability and in compliance with all antidiscrimination laws of the United States of America and the State ofCalifomia
110 REVIEW AND MODIFICATION PROCESS The terms and conditions of this agreement shall be reviewed jointly by the parties annually during the term to determine that the services of the facility continue to meet the needs ofthe public and students Each party shall designate a representative as the contact liaison in connection with any and all issues pertaining to this agreement City or district shall each designate in writing to the other party the identity of each liaison within ten 10 business days of the execution hereof The terms and conditions of the agreement may be revised or amended in writing as may be necessary from time to time and as mutually agreed by the parties provided that any such amendment is consistent with the original intent of the agreement and the requirements of the grant 120 EFFECTIVENESS OF AGREEMENT The Parties agree that this Agreement shall be operative only if the application for the GTant funding is approved and received 130 NOTICES
131 Mailed Notice Any notice required or desired to be served by any Party shall be personally delivered or delivered by United States Mail postageprepaid certified return receipt requested or by reputable document delivery service that provides a receipt showing date and time of delivery Notices delivered by mail shall be effective at 500 pm on the second business day following mailing Notices personally delivered or delivered by document delivery service shall be effective upon receipt Notices shall be delivered to the Parties at the following addresses
005 I 5000022627474vi
9 To City City Hall
6650 Beach Blvd PO Box 5009
Buena Park CA 90622
Atln Shalice Reynoso City Clerk
Telephone 714 5623750
Facsimile 714 5623506
00515000022627474vl
10 To District Buena Park School District
6885 Orangethorpe Ave
Buena Park CA 90620
Attn Greg Magnuson Asst Superintendent
Telephone 714 736 4262
Facsimile 714 9941506
With a copy to Atkinson Andelson Loya Ruud and Romo
17871 Park Plaza Drive Suite 200
Cerritos CA 90703
Attn Lindsay A Thorson Esq
Telephone 562 6533200
Facsimile 562 6533333
132 Emergency Contact Numbers The Parties will provide each other after hours emergency contact phone numbers of appropriate supervisory staff which shall be periodically updated Such lists will also include emergency contact numbers for other facilities which may be utilized in the event of a community emergency 140 PARTY EMPLOYEES
141 City Employees For purposes of this Agreement all persons employed in the performance of services and functions for City shall be deemed City employees and no City employees shall be considered as an employee of District nor shall such City employees have any District pension civil service or other status while an employee of City 142 District Employees For purposes of this Agreement all persons employed in the performance of services and functions for District shall be deemed District employees and no District employee shall be considered as an employee of City nor shall such District employees have any City pension civil services or other status while an employee of District
150 MISCELLANEOUS
151 Attorneys Fees In the event of a dispute under this Agreement each Party shall bear its own attorneys fees and costs
152 Mediation In the event any dispute arising under the terms of this Joint Use Agreement the Parties shall meet and confer with the objective of resolving such disputes within seventy two 72 hours of the request of either Party If within seven 7 calendar days or such longer period as may be agreedupon by the Parties the dispute cannot be resolved by the Representativesto the Parties mutual satisfaction the Parties shall mutually select a mediator who is a respectedprofessionalwith expertise in the area of the dispute to facilitate the resolution of the dispute If the parties are unable to agree on a mediator the mediation shall be conducted in accordance with the then current commercial Mediation Rules of the American Arbitration Association Absent written agreement of the Parties to the contrary the mediation process shall be completed or terminated within forty five 45 days of the initial request for mediation
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153 Arbitration of Disputes In the event that the Parties are unable to timely resolve the dispute through mediation the issues in dispute shall be submitted to arbitration pursuant to Code of Civil Procedure Part 3 Title 9 Section 1280 et seq or its successor statute For such purpose an agreed arbitrator shall be selected or in the absence of agreement each Party shall select an arbitrator and those two arbitrators shall select a third Discovery may be conducted in connection with the arbitration proceeding pursuant to Code of Civil Procedure Section 128305 The arbitrator or three arbitrators acting as a board shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question The arbitrator shall decide each and every dispute in accordance with the laws of the State of California The arbitrators decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange with a right of appeal from any judgment issued therein
154 Assignment No Party shall assign this Agreement or any right or privilege any Party might have under this Agreement without the prior mutual written consent of all Parties hereto which consent shall not be unreasonably withheld provided that the assignee agrees in a written notice to all Parties to carry out and observe each applicable Partys agreements hereunder
155 Binding on Heirs This Agreement shall be binding upon the Parties hereto and their respectiveheirs representatives transferees successors and assigns 156 Time of the Essence Time is of the essence with respect to each of the terms covenants and conditions of this Agreement
157 Severability If any provision in this Agreement is held by a court of competent jurisdiction to be invalid void or unenforceable then upon agreement of the Parties the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way
158 Entire Agreement Waivers and Amendments This Agreement incorporates all of the tenns and conditions mentioned herein or incidental hereto and supersedesall negotiations and previous agreements between the Parties with respect to all or part of the subject matter thereof No promise agreement or representation whether implied or express written or verbal that is not set forth herein shall be binding or of any force or effect All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged Any amendment or modification to this Agreement must be in writing and executed by all of the Parties hereto 159 Exhibits All exhibits and attachments to which reference is made herein are deemed incorporated in this Agreement whether or not actually attached 1510 Interpretation Governing Law This Agreement shall be construed according to its fair meaning and as if preparedby both Parties hereto This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement
1511 Authority The persons executing this Agreement on behalf of the Parties hereto warrant that i each such Party is duly organized and existing ii each is duly authorized 12 00515000022627474v 1
to execute and deliver this Agreement on behalf of said Party iii by so executing this Agreement such Party is formally bound to the provisions of this Agreement and iv the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound
1512 Execution in Counterpart This Agreement may be executed in several counterparts and all so executed shall constitute one agreement binding on all Parties hereto notwithstanding that all parties are not signatories to the original or the same counterpart 1513 Effect of Recitals The Recitals set forth at the beginning of this Agreement are deemed true and correct are hereby incorporated by reference and made a part of this Agreement and the Parties acknowledge and agree that they are each bound by the same 1514 Conflicts of Interest Each Party hereby warrants that none of its employees officials or officers have or shall obtain any frnancial interest direct or indirect in the Agreement or any other interest that would conflict in any manner with the performance of the services contemplated by this Agreement Each Party agrees that none of its employees officials or officers shall engage in any conduct in connection with this Agreement that would constitute a conflict of interest under any local state or federal statute 1515 Rights and Remedies are Cumulative Except as may be otherwise expresslystated in this Agreement the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of its right or remedies shall not preclude the exercise by it at the same time or at different times of any other rights or remedies for the same default or any other default by another Party or Parties
1516 Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and if through mistake or otherwise any such provision is not inserted or is not correctly inserted then upon application of any Party the Agreement shall forthwith be physically amended to make such insertion or correction
1517 Cooperation The Parties acknowledgethat it may be necessary to execute documents other than those specifically referred to herein in order to complete the objectives and requirementsthat are set out in this Agreement The Parties hereby agree to cooperate with each other by executing such other documents or taking such other actions as may be reasonably necessary to complete the objectives and requirements set forth herein in accordance with the intent of the Parties as evidenced in this Agreement
1518 Ambiguities Not to be Construed against Drafting Party The doctrine that any ambiguity contained in a contract shall be construed against the party whose counsel has drafted the contract is expressly waived by each of the Parties hereto with respect to this Agreement
1519 Nonliabilitv of Officials No officer member employee agent or representativeof either of the Parties shall be personally liable for any amounts due hereunder and no judgment or execution thereon entered in any action hereon shall be personally enforced againstany such officer official member employee agent or representative 13 00515000022627474v1
1520 No Third Party Beneficiaries Nothing in this Agreement shall be construed to confer any rights upon any party not signatory to this Agreement
SIGNATURES ON FOLLOWING PAGE
14 00515000022627474v1
IN WITNESS WHEREOF Buena Park School District and the City of Buena Park have entered into this Agreement as of the Effective Date
BUENA PARK SCHOOL DISTRICT
a California ublic school district
Its
By
CITY OF BUENA PARK
a California municipal corporation
BY
Its City Manager
APPROVED AS TO FORM
By
Lindsay A horson Esq
Atkinson Andelson Loya Ruud Romo
APPROVEO AS TO
FOR
BY M tYt
Steven L Dorsey
City Attorney
00515000022627474v1
15 EXHIBIT A
PRELIMINARY PLANS
16 00515000022627474v1
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EXHIBIT B
DESCRIPTION OF SITE LOCATION
Buena Park Junior High School is located at 6931 OrangethorpeAvenue Buena Park California The school occupies 225 acres and is accessible to vehicle traffic from OrangethorpeAvenue and Knott Avenue The property includes 22 permanent buildings that house administration a multipurpose cafeteria student library and classrooms including computer labs physical education facilities and workshops The campus also includes eight relocatable classrooms an athletic field and track facility Vehicle parking areas are available onsite on the east and south side ofthe campus 17 EXIllBIT C
ESTIMATED CONSTRUCTION COSTS
18 00515000022627474v1
i
J
i 0
Connor
Construction
Management Inc
Buena Park Junior High School
GymnasiumLocker Building
YDeenAssociates Architects
Schematic Cost Estimate
8 March 2006
Job Number 06055
8851 Research Drive Irvine CA 92618 p 949 4762094 Fax 949 4768294 p info@ocmicom
BUENA PARK JUNIOR IDGH SCHOOL GYMNASIUMLOCKER BUILDING
BUENA PARK CALIFORNIA OCMI JOB 06055
SCHEMATIC COST ESTIMATE DATE 8 MARCH 2006
INTRODUCTORY NOTES
This estimate is based on the following information received 6 March 2006 and verbal direction from the client
1 Floor plan A3 1F
2 Exterior elevations A61F andA62F
3 Building sections A 7 1F
The following items are excluded from this estimate
A Professional fees
B Building pennits and fees
C Inspections and tests
D Furniture except as noted in the estimate
E Escalation beyond midpoint of construction
F Construction change order contingency
G Items referenced as NOT INCLUDED or NIC in estimate
This estimate is based on a detailed measurement of quantitiesto the extent that is was possible to do so from conceptual architectural plans plus notes from structural and geotechnical OConnor has made allowances for items that were not clearly derIDed in the drawings The client should verify these allowances
This estimate is based on a minimum of four competitivebids and a stable bidding market
OConnor recommends that this estimate should be updatedif more definitive information becomes available or if there is any change in scope We strongly advise the client to review this estimate in detail If any interpretations in this estimate appear to be contrary to those intended by the design documents they should be addressed immediately
File New MasterIntro
BUENA PARK JUNIOR HIGH SCHOOL GYM I LOCKER BUILDING
BUENA PARK CALIFORNIA
SCHEMATIC COST ESTIMATE
OCMI JOB 06055
DATE 8 MARCH 2006
GENERAL SUMMARY
ELEMENT
TOTAL COST SF AREA
86400 508
85000 500
505800 2975
435450 2561
76500 450
836493 4921
490050 2883
316030 1859
308900 1817
3140623 18474
220 690937 4064
3831560 22539
150 574734 3381
4406294 25919
50 220315 1296
1 FOUNDATIONS
2 SUBSTRUCTURE
3 SUPERSTRUCTURE
4 EXTERIOR CLOSURE
5 ROOFING
6 INTERIOR CONSTRUCTION
7 CONVEYING
8 MECHANICAL
9 ELECTRICAL
10 GENERAL CONDITIONS PROFIT
11 EQUIPMENT
12 SITEWORK
NET DIRECT BUILDING COST
GENERAL CONDITIONS OHP
SUBTOTAL
DESIGN CONTINGENCY
SUBTOTAL
ESCALATION TO MIDPOINT OF
CONSTRUCTION0307
GROSS FLOOR AREA 17000 SF
COST PER SQUARE FOOT 27215
Prepared by OConnor Construction Management Inc Sheet 1 of 7
BUENA PARK JUNIOR HIGH SCHOOL GYM I LOCKER BUILDING
BUENA PARK CALIFORNIA
SCHEMATIC COST ESTIMATE
OCMI JOB 06055
DATE 8 MARCH 2006
DETAIL SUMMARY
ELEMENT
1FOUNDATIONif
011 Standard Foundations
012 Special Foundations
2 SUBSTRUGTllRE
021 Slab On Grade
022 Basement Excavation
023 Basement Walls
3SUPERST1iIÇlQEZf 5 Tji
031 Floor Construction
032 Roof Construction
033 Stair Construction
4EXTERIOGLOSU8ESFii t
041 ExteriorWalis 396600
042 Exterior Doorswjndows 38850
5RoqFJNG h650q F45Q
050 Roofing 76500
6 INTERIORçOlrRUçTJqN 394ê
061 Partitions 243000
062 Interior Finishes 320673
063 Specialties 239320
064 Interior DoorsWindows 33500
7C9NVEYlt1lJjiCjJ1tJ Y
070 Elevators
8IIIEHANIÇtl jiiSiXi3i
081 Plumbing
082 HVAC
083 Fire Protection
084 Special Mechanical
9ELECTRICA1ii 16030
091 Standard Electrical 316030
092 Special Electrical
10 EEtpNlrAPSBdJqrrrj
General Conditions Profit
11EQUIPENji
111 FixedMovable Equipment
112 Fumishings
113 Special Construction
12 SITEWqRK
121 Site Preparation
122 Site Improvements
123 Site Utilities
124 OffSite Work
AMOUNT TOTAL COST RATEFLOOI SF AREA
rnr864QQ 90
86400 508
85099 5JQO
85000 500
ii9o58QO êFì2g7
505800 2975
43545t 25çt
2333
229
450
iZ4921
1429
1886
1408
197
49QO9qJ283
140700 828
298350 1755
51000 300
1859
1859
INCLUDED AT GENERAL SUMMARY PAG
O909
52900
133250
97750
25000
1817
311
784
575
147
NET DIRECT BUnDfNGCÖST
J 31406Z3 I
Prepared by OConnor Construction Management Inc Sheet 2 of 7
BUENA PARK JUNIOR HIGH SCHOOL GYM I LOCKER BUILDING
BUENA PARK CALIFORNIA
SCHEMATIC COST ESTIMATE
DESCRIPTION I I QUANTITY I UNIT I
OCMI JOB 06055
DATE 8 MARCH 2006
UNIT RATE ESTIMATEDCOST
ÇIrJÇ1ttttzjtt2
Ol1STA NDARD Eau NDJtIONSlmik
tk JiUi
Perimeter foundations 660 LF 8000 52800
Grade beams 220 LF 8000 17600
Pad footings
Canopy pad footings
22 2
EA
EA
70000
30000
15400
600
8Q4OQ
KfEftEËSTiESS
Concrete reinforcing vapor barrier 17000 SF 500 85000
EEMEN7tIRE
õ32JròõËêãÑ
Vertical and horizontal steel
ÚM
0 WAmM
Skylights
3x3
4x4
at gym 20SF 173400 LB 200
17000 SF 800 136000
2 EA 50000 1000
180 SF 2500 4500
3 EA 50000 1 500
20 EA 80000 16000
Roof structure
Canopy columns
Canopy structure
ifliittffZËj3EfJl3EEEn
TOTAL EXTERIORWALL
19000 SF 1800 342000
2000 SF 1500 30000
2 EA 150000 3000
500 LF 4000 20000
160 SF 1000 1600
36600
Framing insulation plaster
Enhanced exterior finish
Canopy column covers
Parapet architectural feature
Plaster soffits
11IItlqfRlliSE2JllgZftl1Zi
0 42cIOC1iERI GRJDaøRSlWIN WSîúllliriàkii1úrNidj iWiiiiii NiiiXffriijklri1lli1àiDéiiFj ÚgÚfjm Doors frames hardware installation
Double doors
Single doors
9 5
PR
EA
180000
120000
16200
6000
Prepared by OConnor Construction Management Inc Sheet 3 of 7
BUENA PARK JUNIOR HIGH SCHOOL GYM I LOCKER BUILDING
BUENA PARK CALIFORNIA
SCHEMATIC COST ESTIMATE
DESCRIPTION I T QUANTITY 1 UNIT I
OCMI JOB 06055
DATE 8 MARCH 2006
UNIT RATE STIMATEDCOST
Windows 370 SF 4500 16650
35Qi
iti w
Roofing insulation sheet metal 17000 SF 450 76500
Framing to roof structure 14600 SF 600 87600
GWB interior partitions 14600 SF 150 21900
GWB interior of exterior walls 19000 SF 150 28500
GWB and framing to enclose gym structural steel 15000 SF 700 105000 ffliiKetEEËffjrË
Ceilings
Gym ceiling treatment ALLOWANCE
GWB painted
Acoustical drop ceiling
Exposed no finish
8670 SF 500 43350
6400 SF 800 51200
1100 SF 250 2750
830 SF NO COST
8670 SF 1500 130050
1500 SF 1200 18000
6000 SF 300 18000
830 SF 075 623
1800 SF 1200 21600
46800 SF 075 35100
320673
Floors
Gym floor
Ceramic tile
Carpet I VCT
Sealed concrete
Walls
Ceramic tile
Paint
EIEMENfrPINTERIORCON SfRUOlaNlliin
L hWlWlWiflfW
u
w w wÁwilij
0 63 SBECIÄLrjES@IæÚåtriLF7diiilli Lwijv e11 h b
Toilet partitions
Handicap
4 EA 150000 6000
Regular
7 EA 120000 8400
Urinal screens 3 EA 30000 900
Toilet accessories
Handicap bar sets 8 EA 25000 2000
Toilet paper I seat cover dispensers
13 EA 20000 2600
Prepared by OConnor Construction Management Inc Sheet 4 of 7
BUENA PARK JUNIOR HIGH SCHOOL GYM I LOCKER BUILDING
BUENA PARK CALIFORNIA
SCHEMATIC COST ESTIMATE
DESCRIPTION I I QUANTITY I UNIT I
OCMI JOB 06055
DATE 8 MARCH 2006
UNIT RATE STIMATED COST
15000 1500
7500 750
20000 1200
40000 1200
35000 700
80000 1600
30000 100800
10000 14400
1500 3000
20000 600
750000 45000
1000000 10000
100 8670
1500000 30000
Mirrors
Soap dispensers
Paper towel dispenser disposal
Sanitary napkin dispensers disposal
Shower bench
Shower partition
10 EA
10 EA
6 EA
3 EA
2 EA
2 EA
336 EA
144 LF
200 SF
3 EA
6 EA
1 LS
8670 SF
2 SET
Locker rooms
Lockers
Bench
Mirrors ALLOWANCE
Janitor room shelving
Gymnasium
Basketball backboards ceiling mounted folding
Scoreboard ALLOWANCE
Floor striping and inserts
Folding bleachers
ÆojÆimiMW
1 PR 150000 1500
15 EA 100000 15000
2 SET 250000 5000
Windows 300 SF 4000 12000
Building roughin condensate roof drainage
Fixtures
Toilets
Urinals
Showers
Lavatories
Janitor sinks
Floor drains
13 4
2 10
3 6
EA
EA
EA
EA
EA
EA
200000
150000
120000
120000
150000
80000
26000
6000
2400
12000
4500
4800
140700TOT ALO81PtMI3JN
Gym area 8670 SF
Prepared by OConnor Construction Management Inc
2000 173400
Sheet 5 of 7
BUENA PARK JUNIOR HIGH SCHOOL GYM I LOCKER BUILDING
BUENA PARK CALIFORNIA
SCHEMATIC COST ESTIMATE
DESCRIPTION I I QUANTITY I UNIT T
OCMI JOB 06055
DATE 8 MARCH 2006
UNIT RATE ESTIMATEDCOST
Remainder of building 8330 SF 1500 124950
TOTAL 082 HVAC
ElEMENrMEeHANIJALiooUMwi
ÆMW
ïfäEïãgëifãjTrötlt7
Fire sprinklers 17000 SF 300 51000
Lighting and power 17000 SF 1000
Communications and security 17000 SF 400 68000
Sound systems gymnasium 8670 SF 400 34680
Specialty lighting premium gymnasium 8670 SF 500 43350
Demolition of existing improvements NIC
Clear and grub
Remove and recompact 5 under building area
Remove and recompact 3 under paved areas
Rough and fine grading
42500
3200
900
42500
SF
CY
CY
SF
008
1000
1000
020
3400
32000
9000
8500
850 LF 1500 12750
3000 SF 250 7500
4500 SF 500 22500
18000 SF 400 72000
24 LF 25000 6000
400 LF 2500 10000
1 LS 250000 2500
133250
Perimeter curb curb and gutter
Asphalt paving parking areas
Concrete paving walks and entry areas
Landscaping and irrigation
Masonry screen walls foundations
Perimeter chain link fencing
Striping and signage
TOTAL 122SITEIMÞROVEMENTS
Êt515tlIl11JJJlZwZZttZZZ
1 2 3 SIJEU r I L1TJES úik2j
nMC M w
Fire service
Connect to existing systems
Detector check assembly
Undergroundpiping to building ALLOWANCE
1 1
100
LS
LS
LF
150000
1200000
4500
Prepared by OConnor Construction Management Inc
1500
12000
4500
Sheet 6 of 7
BUENA PARK JUNIOR HIGH SCHOOL GYM I LOCKER BUILDING
BUENA PARK CALIFORNIA
SCHEMATIC COST ESTIMATE
DESCRIPTION I 1 QUANTITY I UNIT I
OCMI JOB 06055
DATE 8 MARCH 2006
UNIT RATE STIMATED COST
Water service
Connect to existing systems
Underground piping to building ALLOWANCE
1 LS
100 LF
1 LS
100 LF
42500 SF
17000 SF
Sanitary sewer
Connect to existing systems
Underground piping to building ALLOWANCE
Storm drainage ALLOWANCE
Electrical and communications services
Gas service by utility company
50000 500
2000 2000
150000 1500
3500 3500
050 21250
300 51000
LS
Prepared by OConnor Construction Management Inc
2500000
Sheet 7 of 7
BUENA PARK SCHOOL DISTRICT
CITY OF BUENA PARK
BUENA PARK JUNIOR HIGH SCHOOL GYMNASIUMLOCKER BUILDING
OPINION OF PROBABLE COST SCHEMATIC DESIGN PHASE
ID Item Estimated Cost
0100 Building Construction
0101 Site demolition 70000
0102 Building construction site development 4626609
0103 Construction bonds 95532
0104 Subtotal 4792141
0105 Construction Contingency 239607
0106 Total Building Construction 5031748 5031748
0200 Furniture and Equipment
0201 Furniture and Equipment 15000
0202 Subtotal 15000
0203 Contingency 1500
0204 Total Furniture and Equipment 16500 16500
0300 Reports
0301 Geotechnical EngineerinQ Report 6000
0302 California Environmental Quality Report 15000
0303 Phase One Environmental Assessment 10000
0304 Property Title Report 3000
0305 Subtotal 34000
0306 Contingency 3400
0307 Total Reports 37400 37400
0400 Surveys
0401 Topographic Survey 5000
0402 Subtotal 5000
0403 Contingency 500
0404 Total Surveys 5500 5500
0500 Plans
0501 Architecturalengineering plans 362950
0502 Constructability Review 10000
0503 Subtotal 372950
0504 Contingency 18648
0505 Total Plans 391598 391598
0600 Agency Approvals
0601 Division of the State Architect 29962
0602 California Department of Education 35222
0603 Department of Toxic Substances Control 2500
0604 Subtotal 67684
0605 Contingency 6768
0606 Total Agency Approvals 74452 74452
YDEENASSOCIA TES ARCHITECTS
Rev 030906 Page 1 of 2 Printed 3102006
BUENA PARK SCHOOL DISTRICT
CITY OF BUENA PARK
BUENA PARK JUNIOR HIGH SCHOOL GYMNASIUMLOCKER BUILDING
OPINION OF PROBABLE COST SCHEMATIC DESIGN PHASE
ID Item Estimated Cost
0700 Construction Testing and Inspection
0701 Geotechnical field inspection 10000
0702 Construction material testing 4000
0703 Construction Inspection 120000
0704 Subtotal 134000
0705 Contingency 13400
0706 Total Construction Testinq and Inspection 147400 147400 0800 Construction Management
0801 Construction Management 125000
0802 Subtotal 125000
0803 Contingency 12500
0804 Total Construction Management 137500 137500
Total 5842098
YDEENASSOCIATES ARCHITECTS
Rev 030906 Page 2 of 2 Printed 3102006
EXIllBIT D
JOINTUSE GRANT APPLICATION
19 00515000022627474v1
STATEOF CALIFORNIA
APPLICATION FOR JOINTUSE FUNDING
SCHOOL FACILITY PROGRAM
SAB 5007 REV 0105
STATE ALLOCATION BOARD
OFFICE OF PUBLIC SCHOOL CONSTRUCTION
The chool district named below applies to the State Allocation Board via the Office of Public School Contruction for a Joint Use Project Grants under the provisionsof Chapter 125 Part 10 Division 1 Article 106 commencing with Section 1707740 et seq of the Education Code and the Regulationsthereto CHOOL DIrl1
BUENA PARK SCHOOL DISTRICT
APPUWIONNUMHR
PROJECTTRAlKINGNUMRm
6645626
SlHOOl NAME
BUENA PARK JUNIOR HIGH SCHOOL
lOUNTY
ORANGE
1 Type of ApplicationCheck Only One
0 Type I JointUse Project
0 Type II JointUse Projectreconflgure existing school buildings IKI Type II JointUse Projectconstruct new school buildings 8 Project Assistance
IKI Type II JointUse Project onlynot part of a qualifyingSFP Modernization project 2 Pupils ServedCheck Only One
0 Elementary School
IKI Middle School
0 HighSchool
9 Excessive Cost Hardship
a 0 Geographic PercentFactor
b IKI Small Size Project Pupils
c 0 Urban
Existing Acres Useable
ProposedAcres Useable
CDE Master Plan
3 Qualifying SFP Project Application Number
Application Number
ProjectTracking Number
II NA
II NA
O District Project Priority
Priority order of this jointuse project application in relation to other jointuse project applicationssubmitted bythe district attheametime 1
4 JointUse Facility Square Footage
NonToilet Facilities sq ft
Toilet Facilities sqït
Total JointUse Facilities sq ft 17000
11 Project Progress Dates
a Construction Contract signed on
b Notice to Proceed issued on
NA
NA
I I
S Eligible Square Footage 16000
6 Type I JointUse Project Extra Cost
Fiftypercent of Construction Còst 0
12 Labor Compliance Program
Will you be required to initiate and enforce a Labor Compliance Program pursuant to Labor Code Section 17717 for this project IKI Yes 0 No 7 Site Development Cost
Afty percent of Service Site
Fifty percent of Utilities
291120
0 13 Matching Share
a Jointuse partners contribution
b District contribution 5050
STATE OF CALIFORNIA
APPLICATION FOR JOINTUSE FUNDING
SCHOOL FACILITY PROGRAM
SAB 5007 REV 0105
STATE ALLOCATION BOARD
OFFICE or PUBLIC SCHOOL CONSTRUCTION
14 CERTIFICATION
I certify as the Distrit1 Representative that the information reported on this form is true and correct and that I am the authorized representative of the district as authorized by the Governing Board of the District and
A resolution or other appropriate doClllllentation supporting this application under Chapter 125 Part 10 Division 1 Article 106 commencing with Section 1707740 et seq of the Education Code was adoptedbythe School Districts Governing Board on May 8 2006 and
The district has established a Restricted Maintenance Account for exclusive purpose of providing ongoing and major maintenance of school buildings and has developed an ongoing and major maintenance plan that complies with and is impiemented under the provisions of Education Code Sections 1707075 and 1707077 Heferto Sections 1859100 through 1859102 and
The district will comply with all laws pertaining to the construction of its school building and
All contracts entered into for the service of any architect structural engineer or other designprofessionalfor any work under the project have been obtained pursuant to a competitive process that is consistent with the requirements of Chapter 10 commencing with Section 4525 of Division 5 otTitle 1 of the Government Code and
Ifthe request is for a Type lor II JointUse Project which is part of a qualifying SFP project the district has received approvalof the plans from the CDE and approval ohhe PS from the DSA and
If this request is for a Type II JointUse Project and is not part of a qualifying SFP Modernization project the district has completedthe preliminary plans for the project and has received preliminaryapprovalof the plans from the CDE and The district has or will comply with the Public Contract Code regarding all laws governing the use of force account labor and
0 This district has or wjll comply with Education Code Section 1707611 regardingat least a 3 percent expenditure goal for disabled veteran business enterprises and The jointuse partnersfinandal contribution for the project requiredpursuant to Section 1859127 has eithr been received and expendedby the district depositedin the County School Facility Fund or will be received and expendedby the district prior to the notice of completion for the project and The district understands that the Jack of substantial progress toward increasing the pupil capacity of its facilities within 18 months of receipt of any funding shall be cause for the rescission of the unexpended funds refer to Section 1859105 and If the request is for a Type I or II JointUse Project which is part of a qualifying 5FP Modernization project the district understands that funds not released within 18 months of apportionment shall be rescinded and the application shall be denied referto Section 185990 and
If the request is for a Type II JointUse Projen and Is not part of a qualifyingSFP Modernization project the district understands that funds not released within 18 months from the date the DSA approved PS are submitted to the pse the apportionment shall be rescinded and the applicationshall be denied refer to Section 185990 and
0 The statements set forth in this application and supporting documents are true and correct to the best of my knowledge and belief and
This form is an exact duplicate verbatim of the form provided by the apse In the event a conflict should exist the languagein the OPSC form will prevail and The district understands that some or all of the State funding for the project must be returned to the State as a result of an audit pursuant to Sections 1859105 and 1859106 and
0 The district has complied with the provisions of Section 185976 and that the portion of the project funded by the State does not contain work specifically prohibited in that Section and
0 If the jointuse project grant will be used for the construction of school facilities on leased land the district has entered into a lease agreement for the leased property that meets the requirements of Section 185922 and
TIle district has complied with the applicable JointUse Program Eligibility Criteria outlined in Sections 1859122 18591221 and 18591222 as appropriate and The district has or will initiate and enforce a Labor ComplianceProgram that has been approved bythe Department of Industrial Relations pursuant to Labor Code Section 1771ï iftne pmject is funded from Proposition 47 and the Notice to Pmceedforthe construction phaseof the project is issued on or after April 1 2003 and If the jointuse project will serve more than one school site the CDE has determined the highestgrade level that will be served by the jointuse project and 0 TIle district has or will initiate and enforce a Labor Compliance Program that has been approvedby the Department of Industrial Relations pursuant to Labor Code Section 17717 If the project is funded frmn Pmposìtions 47 or 55 and the Notice to Proceed for the construction phase of the project is issued on or after April 1 2003 and Beginning with the 20052006 fiscal year the district has compliedwith Education Code Section 1701075e byestablishinga facilities inspection system to ensure that each of its schools is maintained in good repair
AGREEMENT FOR SERVICES BETWEEN
THE SAVANNA SCHOOL DISTRICT AND THE CITY OF BUENA PARK
This Agreement (“Agreement”) is made and entered into on or about July 25, 2023, by and between Savanna School District (“District”) and the City of Buena Park (the “City”). This Agreement is based upon the following factual recitals:
RECITALS
A. WHEREAS, the District operates an Expanded Learning Opportunity Program (“ELOP”) and has requested that the City contract with the District to assign City employees to provide services to the District’s ELOP, as further described in Exhibit “A” hereto (the “Program”); B. WHEREAS, the City, by and through employees of its Community Services Department (“City Employees”), possesses the experience and skill to provide the services as requested by District for operation of the Program; and
C. WHEREAS, by way of this agreement the City and District (individually at times a “Party” and jointly the “Parties desire to set forth the terms, conditions and covenants by which the City will assign City Employees to the District in connection with the Program.
NOW THEREFORE, IN CONSIDERATION of the foregoing Recitals, and mutual understandings contained in this Agreement and for such other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and District (jointly the “Parties”) agree as follows:
AGREEMENT
1. Background Check and Fingerprinting. In accordance with California Education Code section 45125.1, City Employees assigned to the Program will not be placed at the District with unsupervised access to children until a background check by the Department of Justice, including fingerprint clearance, is completed by the City and received by the District. The City must certify to the District in writing that its employees assigned to the Program have not been convicted of a serious or violent felony, as those terms are defined in Penal Code Sections 667.5(c) and 1192.7(c), respectively.
2. Scope of Work. City Employees shall perform the following services to the District:
City Employees shall act as instructors and supervisors during scheduled times of the Program.
The City shall provide at least one (1) Senior Community Service Leader and up to five (5) Community Service Leader I’s, as necessary to maintain a 20:1 leader to child ratio to assist with operating the Program from 2:30-4:30 p.m. each day on school days and on certain non-school days, as mutually agreed upon by the Parties. The Program shall consist of recreational programming, including instruction and supervision of athletic activities, games, crafts, and musical activities conducted indoors and outdoors.
With District’s prior consent, City may invite additional agencies such as America on Track, OCHCA, etc. to assist with programming. All persons providing services through such agencies shall comply with the fingerprinting requirements of Section 1 of this Agreement prior to providing services to students.
The Program will occur at Holder Elementary School for students enrolled at the school, and shall take place from August 7, 2023 to June 30, 2024. The Parties shall make best efforts to develop and implement a curriculum in which services for the Program are provided in six (6) to eight (8) week sessions. Contents of the programming and the length of any and all sessions shall ultimately be determined by City at its discretion.
3. Term. The term of the Agreement shall be from August 1, 2023 to June 30, 2024, unless further extended in writing by the Parties or earlier terminated in accordance with Section 6 of this Agreement.
4. Payment. The District will reimburse City for all costs associated with the services provided by the City Employees assigned to the Program. City shall invoice District and detail services provided by each City Employee on a monthly basis and payment of each approved invoice shall be made by District within thirty (30) calendar days.
5. Expenses. District agrees to reimburse the City for reasonable and necessary expenses for equipment and supplies purchased, if any, associated with completing the Scope of Work. To qualify for reimbursement, expenses shall be approved by the District in advance, and not unreasonably withheld by District.
6. Termination of the Agreement. Either Party shall have the right to terminate the Agreement without cause upon providing sixty (60) days written notice to the other Party.
In the event of any material default under this Agreement, which default remains uncured for a period of sixty (60) days after receipt of written notice of such default, this Agreement may be immediately terminated by the non-defaulting party.
7. Upon request of the District, should a City Employee assigned to the program fail to meet District standards, the City shall replace the assigned City Employee.
8. Independent Contractor. The Agreement is by and between two independent entities and is not intended to, or shall not be construed to, create the relationship of servant, employee, partnership, joint venture, or association. City Employees are not to be considered employees or agents of the District for any purpose, including Workers' Compensation or any other employee benefit programs.
9. Notices; Service. Any and all notices permitted or required by this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date personally delivered; (b) three business days after being mailed by United States post, certified and return receipt requested; or (c) one business day after being sent by nationally recognized overnight courier, properly addressed as follows or such other address as may later be designated by the party:
To District:
Dr. Sue Johnson, Superintendent
Savanna School District
1330 S Knott Ave
Anaheim, CA 92804
To City:
Jim Box, Director of Community Services
City of Buena Park
6688 Beach Blvd.
Buena Park, CA. 90621
Notices may be personally served, served by regular mail postage prepaid and deposited in the U.S. Mail, by registered mail, by facsimile with proof of transmittal, or by overnight mail with proof of delivery.
10. Insurance. Each party, at their own expense, shall carry the following insurance coverage in connection with and during the term of this Agreement and will furnish copies of insurance certificates upon request:
Commercial General Liability Insurance in the amount of $1,000,000 per occurrence and $3,000,000 aggregate, including an additional insured endorsement naming the other party as an additional insured. Workers’ Compensation Insurance as required by law. The City shall provide Workers’ Compensation coverage for its participating employees. Business Auto Liability Insurance in the amount of $1,000,000.
11. Indemnification and Hold Harmless. The City shall defend, indemnify and hold harmless the District, its officers, employees, agents, insurers, and students from and against any and all loss, claim, suit, attorney fees and damages or expense of any sort arising directly or indirectly from any acts or omissions of the City in performance of this Agreement, including, but not limited to, any claims for personal or bodily injury, property damage, wrongful death or economic loss of any sort, regardless of whether any negligence or other fault on the part of District contributed to such claim, injury or damage, unless the negligence or fault of District was the sole cause of such claim, injury or damage.
The District shall defend, indemnify and hold harmless the City, its officers, employees, agents, insurers, and volunteers from and against any and all loss, claim, suit, attorney fees and damages or expense of any sort arising directly or indirectly from any acts or omissions of the District in performance of this Agreement, including, but not limited to, any claims for personal or bodily injury, property damage, wrongful death or economic loss of any sort, regardless of whether any negligence or other fault on the part of the City contributed to such claim, injury or damage, unless the negligence or fault of the City was the sole cause of such claim, injury or damage.
12. Nondiscrimination. The Parties shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, handicap or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13. Confidentiality. In the course of performing services under this Agreement, the Parties recognize that each party’s employees may come in contact with or become familiar with information which the other party, its employees and affiliates may consider confidential. This information may include, but is not limited to, information pertaining to the party’s personnel and/or students. The Parties agree to maintain confidentiality of all such information received in the course of performing services pursuant to this Agreement. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement.
14. Records. It is understood and agreed that all records of each party shall remain the property of the respective party.
15. School District Policies and Procedures. The District shall ensure that each City employee is aware of and understands all applicable District policies and procedures. City shall require each City employee to conform to all such District policies, procedures, regulations, standards for
health, safety, cooperation, ethical behavior, and any additional requirements and restrictions agreed upon by representatives of District and the City.
16. Alternative Dispute Resolution. In the event of any dispute arising out of the Agreement, the Parties agree to an alternative dispute resolution (ADR) process. If the Parties are unable to resolve their dispute, they agree to binding arbitration pursuant to the rules of the American Arbitration Association (AAA), or other arbitration service as the Parties may agree. Any arbitration shall take place at the arbitration facilities nearest to the District.
17. Modification. The Agreement may only be modified in writing executed by both Parties.
18. Governing Law. The Agreement shall be governed by the laws of the State of California, with venue in Orange County.
19. Assignment. This Agreement may not be assigned without the written consent of the other Party.
20. Complete Agreement. This Agreement is the entire agreement between the Parties and supersedes any and all prior understandings whether orally or in writing.
21. Execution in Counterpart. The Agreement may be signed on separate signature pages (in counterparts). Copies of signatures shall have the same force and effect as original signatures for all purposes.
22. Waiver. Any waiver of any terms, covenants and/or conditions hereof must be in writing and signed by the parties hereto. A waiver of any of the terms, covenants and/or conditions hereof shall not be construed as a waiver of any other terms, covenants and/or conditions hereof nor shall any waiver constitute a continuing waiver.
23. Binding Effect. This Agreement is binding upon the successors and assigns of the Parties.
IN WITNESS WHEREOF, the Parties hereto duly execute this Agreement on the date first set forth above.
SAVANNA SCHOOL DISTRICT THE CITY OF BUENA PARK
By: By:
Dr. Sue Johnson Aaron France
Superintendent City Manager
Dated: _____________________ Dated:
ATTEST: APPROVED AS TO FORM:
(SEAL)
__________________________ __________________________ Adria M. Jimenez, MMC Christopher G. Cardinale City Clerk City Attorney
Dated: _____________________ Dated:
EXHIBIT A
The City of Buena Park has partnered with the Savanna School District in their new afterschool program called WINGS an acronym for Wonder, Inspire, Nurture, Grow, Succeed. The WINGS program is designed to inspire passion and creativity in Science, Technology, Engineering, and Math (STEM), Visual and Performing Arts (VAPA), and a wide variety of sports.
This program as part of their Expanded Learning Opportunity Program (ELOP) that provides funding for afterschool and summer school enrichment programs for transitional kindergarten through sixth grade.
“Expanded learning” means before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences. It is the intent of the Legislature that expanded learning programs are pupil-centered, results driven, include community partners, and complement, but do not replicate, learning activities in the regular school day and school year.
The WINGS program helps create an equitable, safe learning environment that provides a safe space after school for the students in our community. The goal of the Savanna School District is that students’ learning will be enhanced with added support after school and their lives will be enriched as they are offered experiences that were previously out of reach.
The program occurs at Holder Elementary School for students enrolled at the school from August 7, 2023 to June 30, 2024 from the end of school each day until 6:00 p.m. The City of Buena Park Community Services Department will provide recreation programs from 2:30- 4:30 p.m. each day on school days and additional time for full-day programs planned during non-school days.
Savanna School District is the lead agency in the program on site. The City is a part of the overall program and will provide a varied recreation program comprised of sports, games, crafts, and music conducted both indoors and outdoors. Program staffing includes one (1) Senior Community Services Leader and five (5) Community Service Leader I’s on a 20:1 leader to child ratio.
Additionally, the City may bring in partner agencies such as America on Track, Orange County Health Care Agency, etc. to complement programming.
City of Buena Park
City Council Regular Meeting Agenda Report
DISCUSS AND PROVIDE DIRECTION ON THE EXPANSION OF THE STREET LIGHT BANNER PROGRAM FOR
COLLEGE-BOUND HIGH SCHOOL GRADUATES TO INCLUDE ANAHEIM UNION HIGH SCHOOL DISTRICT Meeting
Tuesday, January 23, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9C
Presented By
Mark Sauceda, Community Services Supervisor
Prepared By
Jim Box, Director of Community Services
Approved By
Aaron France, City Manager
DISCUSSION
At the City Council meeting of September 26, 2023, Council Members Traut and Brown calendared the expansion of the high school street light banner program to consider including the Anaheim Union High School District (AUHSD). The proposed expansion will be an addition to the current partnership between the City and Buena Park High School (BPHS).
The current program was initiated in 2017 and annually posts banners to honor the top 25 graduates of BPHS on street light poles in various locations on Orangethorpe Avenue, Academy Drive, and Beach Boulevard. These banners feature the name and photograph of the high school graduate along with the college/university they will attend in the fall. The program is designed to encourage secondary education and showcase student achievement in the community. The total cost of the existing program is approximately $4,200 annually, which is shared by the City and BPHS ($2,100 each).
At the request of Council Members Brown and Traut, staff has been exploring the expansion of the high school light pole banner program. This expansion would continue the tradition of partnering with BPHS and include students from AUHSD.
The proposed expansion would include 25 graduates from AUHSD who reside in the City of Buena Park and attend one of the following high schools: Cypress, John F. Kennedy, Oxford Academy, Savanna, and Western. The top 5 Buena Park residents who graduate from each of the high schools listed above would be featured on a banner placed on street light poles in the vicinity of the corresponding school but within Buena Park City limits. AUHSD has indicated that they are interested in this program along with sharing the cost.
Currently, the 25 banners are installed by the Public Works Department each spring prior to graduation . An additional 25 banners would require the Streets Division to spend a significant part of their week each spring on banner installation, in addition to removal later in late summer. The banners have traditionally been presented to the students, or their parents, as a keepsake during the Buena Park Goes to College event in October. Prior to presenting the banners to the students or their families, the banners are removed, cleaned, and stored. An additional 25 banners would again require more time and effort from the Streets Division to install, remove, and clean the banners similarly to how the program is administered today.
The expansion of the high school street light banner program to include students from BPHS and AUHSD would bring the total number of graduate banners to 50 banners. Staff is seeking City Council direction to expand the program to include AUHSD. The program is currently funded by the State of the City (11-2298) and Buena Park Goes to College (11-2294) accounts. An additional budget allocation of $8,000 (50% paid by AUHSD) will be requested for the initial expansion of this program which will include banners and hardware. Costs in subsequent years for the entire program will be approximately $8,400, with 50% being paid by the districts. The City will request matching funds from partnering educational institutions and will seek donations for the additional funds needed.
City of Buena Park
City Council Regular Meeting Agenda Report
DISCUSS AND PROVIDE DIRECTION REGARDING PARTICIPATION IN THE ORANGE COUNTY RECYCLING MARKET
DEVELOPMENT ZONE (RMDZ) PROGRAM
Meeting
Tuesday, January 23, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9D
Presented By
Matt Foulkes, Director of Community and Economic Development Prepared By
Matt Foulkes, Director of Community and Economic Development Approved By
Aaron France, City Manager
DISCUSSION
At the City Council meeting of September 12, 2023, Council Member Castañeda requested an item to discuss and provide direction regarding the City's participation in the Orange County Recycling Market Development Zone (OC-RMDZ). The RMDZ program, offered through CalRecycle, combines recycling with economic development to offer specialized resources and incentives to new and existing businesses within an RMDZ to reduce the amount of waste diverted to landfills.
Businesses located within a RMDZ can take advantage of low-interest loans, technical assistance, and free product marketing to businesses that use materials from the waste stream to manufacture their products and are located in an RMDZ. The City of Fullerton, along with the cities of Orange, Garden Grove, Huntington Beach, Stanton, Lake Forest, Santa Ana, and the County of Orange, have joined together to create the Orange County RMDZ. Collectively, these cities and the unincorporated areas of Orange County comprise of 112.67 square miles with a population of 1,007,538. The City of Fullerton serves as the Zone Administrator. Statewide, RMDZ zones cover roughly 88,000 square miles of California from the Oregon border to San Diego. Recycling employs over 85,000 Californians, generates almost $4 billion in taxable income, $5 billion in taxable sales, and more than $10 billion in new products and services. The use of recycled materials reduces operating costs by replacing higher cost 'first-use' materials with recycled or scrap material for various production processes. As waste disposal costs continue to rise, the City's participation in the OC-RMDZ could make Buena Park a more desirable place to locate or expand their industrial business.
The City's participation in the OC-RMDZ would provide Buena Park businesses with the following assistance and economic incentives:
Low Interest Loans and Financing - A CalRecycle RMDZ loan can finance up to 75% of a project, up to $2 million per loan. Loan terms are up to 15 years and the low-interest rates are from fixed-rate State funds.
Permit Assistance - State and local public agencies can guide businesses through both the local and State permitting and regulatory processes.
Location Assistance - Businesses seeking to locate or expand in this region can be directed to industrially zoned property and other sites throughout the zone. Cities within the OC-RMDZ can create free business site selection tools to help businesses find the optimal business locations.
Feedstock Sourcing/Marketing Assistance - Businesses in need of raw materials feedstock or seeking an outlet for their residual materials are provided with sourcing or marketing assistance. The OC-RMDZ also promotes and offers the services of the Commodity Marketplace. The Marketplace allows businesses within the zone the ability to connect with others who may want to trade or sell their commodities.
Other Benefits - Businesses within a RMDZ are given access to Business Plan assistance, industry cluster networks, business incubation hubs, financing assistance, and promotional outlets. The cities of Fullerton and Huntington Beach In addition to the above incentives, participating RMDZ cities can also offer the following assistance for its businesses utilizing recycled materials in its production processes:
It is important to note that RMDZ incentives provided through CalRecycle are only available to businesses within one of the RMDZ zones throughout the state.
The process to expand the OC-RMDZ to include Buena Park is governed by the Public Resources Code (Section 17914). To join the OC-RMDZ, City staff will need to work with the Zone Administrator (City of Fullerton) to provide a number of documents including a statement of justification for the expansion, marketing plans, summary of financial incentives, General Plan/Zoning maps, and CEQA compliance. A resolution from the City Council formally requesting to expand the OC- RMDZ will also be required as part of the zone expansion request process. also offer Sustainable Business Certification Programs that provides technical support and match utility incentives.
Relaxed/reduced building codes and zoning requirements; Streamlined permit review processes;
Reduced building/zoning fees
City of Buena Park
City Council Regular Meeting Agenda Report
DISCUSS AND PROVIDE DIRECTION ON A CITY COUNCIL MEMBER APPOINTMENT AS THE REPRESENTATIVE ON THE BRIDGES AT KRAEMER PLACE COMMUNITY ADVISORY BOARD (consider COMMUNITY ADVISORY BOARD) Meeting
Tuesday, January 23, 2024, 5:00 PM
Agenda Group
STUDY SESSION Item: 9E
Presented By
Adria Jimenez, MMC, Director of Government and Community Relations/City Clerk
Prepared By
Adria Jimenez, City Clerk
Approved By
Aaron France, City Manager
Attachments
Resolution No. 18-011 (Bylaws).pdf
BCAB Calendar 2024.pdf
DISCUSSION
Since 2018, the City has been a member of the Bridges at Kraemer Place Community Advisory Board (Board). The purpose of the Board is to act in an advisory capacity to the emergency shelter operations of Bridges at Kraemer Place located in Anaheim. The Board reviews the operations at the facility and provides a report to the OC Board of Supervisors biannually, amongst other functions.
In 2018, the City was advised that the Mayors of each North County Service Planning Area (NSPA) City was the automatic advisory board member. This information was reconfirmed in 2020 with the County, and Buena Park has been automatically assigning this board seat to the Mayor. Recently, the City Clerk was contacted by OC staff advising that the By-laws (Att. 1) require an appointment of a City Council Member to the Board by City Council minute action or resolution.
The first meeting is Wednesday, January 24 at 9:00 a.m., at Villa Park City Hall - Council Chambers. The Board meeting calendar is attached for City Council's information. (Att. 2) Staff is requesting the City Council select one Council Member to serve as the City's representative on the Board.
Regular Meeting County Holiday
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2024
BRIDGES AT KRAEMER PLACE
COMMUNITY ADVISORY BOARD
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