Agenda Item A.7
CONSENT CALENDAR
Meeting Date: August 20, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Jaime A. Valdez, Assistant City Manager
PREPARED BY: JoAnne Plummer, Neighborhood Services Director SUBJECT: Joint Use Agreement between the City of Goleta and the Goleta Union School District
RECOMMENDATION:
Authorize the City Manager to enter into the Joint Use Agreement between the City of Goleta and Goleta Union School District and authorize the City Manager to negotiate, approve, and execute amendments to that same Joint Use Agreement.
BACKGROUND:
Historically, the City of Goleta and the Goleta Union School District (GUSD) have expressed a desire to enter into a long -term joint -use agreement to share indoor and outdoor facilities. Agencies utilize joint -use agreements to provide the public with more access to programs and/or facilities.
DISCUSSION:
In recent years, the City of Goleta has accessed GUSD facilities for public workshops and Coffee and Community events. In addition, schools from the GUSD have utilized picnic rental sites at Stow Grove Park and the Goleta Community Center for various events. As the doors to the Community Center re -opened, repre sentatives from GUSD identified opportunities to utilize the facility for parent and family engagement as there are no school sites in Old Town Goleta.
To meet the needs of the 2024/2025 school y ear, staff recommends authorizing GUSD to utilize city-owned facilities during the week four times this year at no charge. In return, the City of Goleta would have access to four facility use opportunities at GUSD sites at no cost . School District requests would be streamlined through the Assistant Superintendent of Financial Services’ office, while requests from the City of Goleta would be authorized through the City Manager’s office.
Agency representatives will work throughout the year to evaluate the ty pe of use and requests to determine specific recommendations for a larger joint -use agreement in the 1 Meeting Date: August 20, 2024
future. This one-year agreement provides opportunities for both organizations to plan for this school year while evaluating needs for the future.
FISCAL IMPACTS:
The fiscal impacts of this agreement will vary based on the type of requests. The use of City Parks and the Goleta Community Center will be tracked in online software, identifying hours and type of use as well as any associated fees that have bee n waived with the agreement.
ALTERNATIVES:
Council may choose not to support an agreement; however, it is important to note that the Goleta Municipal Code 12.15.050 references the Goleta City Council ’s ability to modify or waive fees. If no agreement is in place, staff is required to charge all established fees for any use of the parks and/or the Goleta Community Center.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Facility Use Agreement between the Goleta Unified School District and the City of Goleta
2 ATTACHMENT 1
JOINT USE AGREEMENT BETWEEN THE CITY OF GOLETA
AND THE GOLETA UNION SCHOOL DISTRICT
3 82093.00013\42384637.2
1 JOINT USE AGREEMENT
Between the
CITY OF GOLETA
And the
GOLETA UNION SCHOOL DISTRICT
This Joint Use Agreement (“Agreement”) is made and entered into this ____ day of ___________________, 2024, by and between the Goleta Union School District (hereinafter referred to as “SCHOOL DISTRICT”), and the City of Goleta (hereinafter referred to as “CITY”).
SCHOOL DISTRICT and CITY shall be individually referred to herein as a “party” and together as the “parties.”
WITNESSETH
WHEREAS, Education Code Section 10900, et seq., of the State of California authorizes and empowers school districts and cities to “organize, promote , and conduct programs of community recreation; ” to establish systems of playgrounds and recreation; and to acquire, improve, maintain, and operate recreation centers within or without the territorial limits of such districts; and
WHEREAS, SCHOOL DISTRICT and CITY desire to cooperate with each other for the purpose of sponsoring and promoting recreational and community outreach and engagement programs and activities; and
WHEREAS, in the interest of providing recreational and community outreach and engagement programs with the least possible expenditure of public funds, full cooperation between the CITY and SCHOOL DISTRICT is both necessary and desirable.
NOW, THEREFORE, it is mutually understood and agreed by and between the parties hereto to cooperate with each other in carrying out the above purposes, and to that end the parties do agree as follows:
1. Use of SCHOOL DISTRICT FACILITIES by CITY
The SCHOOL DISTRICT Facilities subject to this agreement are. included in Exhibit A.
On a case-by-case basis, other property or facilities of the SCHOOL DISTRICT that are not specified in this Agreement may be treated as if subject to this Agreement with written consent of the Superintendent of Fiscal Operations.
CITY shall be allotted four (4) uses of SCHOOL DISTRICT facilities throughout the year, at no charge to the CITY . Additional uses of the SCHOOL DISTRICT Facilities may be granted at the discretion of the of the Superintendent.
All requests for use of SCHOOL DISTRICT facilities by CITY shall be made through written request of the Assistant City Manager, who is currently, Ja ime Valdez. All Docusign Envelope ID: BB29AF92-6A65-4763-96BF-26737D0B7755 4 82093.00013\42384637.2
2 scheduling of SCHOOL DISTRICT facilities by CITY shall be approved by the Assistant Superintendent of Fiscal Services of the SCHOOL DISTRICT.
2. Use of CITY Facilities by SCHOOL DISTRICT
The CITY Facilities subject to this agreement are included in Exhibit B. On a case-by-case basis, other property or facilities of the CITY that are not specified in Exhibit B may be treated as if subject to this Agreement with written consent of the City Manager, at the City Manager’s sole discretion.
SCHOOL DISTRICT shall be allotted four (4) uses of CITY facilities throughout the year, on weekdays only (Monday – Friday), at no charge to the SCHOOL DISTRICT. Additional uses of the CITY Facilities may be granted at the discretion of the of the City Manager.
All requests for use of CITY facilities by SCHOOL DISTRICT shall be made by the Assistant Superintendent of Fiscal Services , who is currently, Conrad Tedeschi . All scheduling of CITY facilities by SCHOOL DISTRICT shall be approved by the Cit y Manager or designee.
3. Scheduling and Priority
Reservations shall be made one a first-come, first-serve basis. Neither party may exercise the ability to use a CITY Facility or SCHOOL DISTRICT Facility that has already been reserved for the use of another group. Except as provided in Section 4, i f a CITY Facility or SCHOOL DISTRICT Facility has been reserved and approved under this Agreement, that reservation shall not be cancelled for a group offering monetary compensation for a reservation of space without the consent of both parties to this Agreement.
It is understood and agreed that use by CITY of said SCHOOL DISTRICT buildings, facilities, grounds, or play fields shall not at any time interfere with regular conduct of SCHOOL DISTRICT activities.
It is understood and agreed that use by SCHOOL DISTRICT of said CITY buildings, facilities, grounds, or play fields shall not at any time interfere with regular conduct of CITY activities.
4. Cancellation of Facilities Reservation.
Neither CITY nor SCHOOL DISTRICT shall cancel a reservation of its facilities approved under this Agreement less than ten (10) working days prior to programmed activity, unless an emergency situation exists. For purposes of this Agreement, an “emergency situation” shall include an event that has arisen rendering a facility uninhabitable or equipment or grounds unsafe for public use or another circumstance which necessitates cancellation of the reservation for a health or public safety purpose. In the event of an emergency situation, the affected party will notify the other party of such emergency situation as soon as reasonably possible given the circumstances. Both SCHOOL DISTRICT and CITY should Docusign Envelope ID: BB29AF92-6A65-4763-96BF-26737D0B7755 5 82093.00013\42384637.2
3 be informed as soon as the need for the cancellation becomes apparent to the cancelling party. In cases that such cancellation cannot be avoided, the cancelling party shall make reasonable efforts to provide the other party with an alternative area or facility.
Cancellations made in accordance with the ten (10) day notice or for valid emergency situations will not count towards a party’s four (4) time use limit for the year. However, other cancellations will count towards the party’s four (4) time use limit, unless waived by written consent of the party who approved the reservation.
5. Maintenance and Repairs
SCHOOL DISTRICT shall pay for the care, maintenance, and repair of all school buildings and all turfed areas, shrubs, trees, and other landscaping on SCHOOL DISTRICT property.
If the maintenance or repairs are caused in part or in whole, by the act, neglect, fault, or omission by CITY, its agents, employees, invitees, or licensees, CITY shall pay SCHOOL DISTRICT’s actual cost of maintenance or repairs.
If a major repair , which includes any repair that is not due to normal wear -and-tear, is caused by CITY’s negligent use, or willful destruction, of SCHOOL DISTRICT property, CITY shall pay SCHOOL DISTRICT the actual cost of making such repair.
CITY shall pay for the care, maintenance, and repair of CITY facilities and all turfed areas, shrubs, trees, and other landscaping on CITY property. If the maintenance or repairs are caused in part or in whole by the act, neglect, fault, or omission by SCHOOL DISTRICT, its agents, employees, invitees, or licensees, SCHOOL DISTRICT shall pay CITY the actual costs of maintenance or repairs.
If a major repair, which includes any repair that is not due to normal wear -and-tear, is necessitated by SCHOOL DISTRICT’s negligent use, or will ful destruction, of CITY property, SCHOOL DISTRICT shall pay CITY the actual cost of making such repair.
6. Supervision and Supplies
It is understood and agreed by both parties that all activities in said SCHOOL DISTRICT facilities or grounds used by CITY shall be supervised and conducted by CITY. It is further understood and agreed that all activities in CITY facilities or grounds used by SCHOOL DISTRICT shall be supervised and conducted by SCHOOL DISTRICT. Each party shall be responsible for said areas d uring their period of use, and shall bear the cost of all necessary supervision and supplies during said period.
Each party shall be responsible, during their respective period of use, for cleanup after such periods of use. Nothing in this Agreement shall prevent a party from contracting with the other party for maintenance services.
7. Insurance
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4 It is understood and agreed that CITY and SCHOOL DISTRICT shall each carry public liability insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate, naming the other party as additionally insured to cover said areas during the period of use.
8. Tangible Things on SCHOOL DISTRICT Property
Any tangible objects brought onto SCHOOL DISTRICT Facilities by the CITY or its invitees in the course of a reservation made under this Agreement shall be removed by CITY or its agents prior to conclusion of any reservation made under this Agreement.
9. Tangible Things on CITY Property
Any tangible objects brought onto CITY Facilities by the SCHOOL DISTRICT o r its invitees in the course of a reservation made under this Agreement shall be removed by SCHOOL DISTRICT or its agents prior to conclusion of any reservation made under this Agreement.
10. Indemnification
CITY shall defend, indemnify, and hold harmless the SCHOOL DISTRICT and its officers, agents, employees , and volunteers from all claims, suits, actions, damages, costs , or expenses, including reasonable attorneys’ fees, resulting from damage to property or injury or death arising from the CITY’s use of S CHOOL DISTRICT’s property under this Agreement, except to the extent that damage to property, injury or death is caused by the negligence or willful misconduct of SCHOOL DISTRICT’s officers, agents, employees , or volunteers.
SCHOOL DISTRICT shall defend, indemnify, and hold harmless the CITY and its officers, agents, employees , and volunteers from all claims, suits, actions, damages, costs or expenses, including reasonable attorneys’ fees, resulting from damage to property or injury or death arising from t he SCHOOL DISTRICT’s use of CITY’s property under this Agreement, except to the extent that damage to property, injury , or death is caused by the negligence or willful misconduct of CITY’s officers, agents, employees, or volunteers.
11. Term
The term of this Agreement shall be for a period of one year and commence upon approval of the SCHOOL DISTRICT’s board and the CITY’s city council. The effective date of the Agreement (“Effective Date”) shall be the date the last party executes this Agreement.
Each party acknowledges that this Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the parties, and there are no covenants, promises, agreements, conditions , or understandings either oral or in writing between the parties other than are set forth herein. It is further agreed and understood that either party may at any time terminate this Agreement upon giving in writing to either party, one 1 month notice of its intention to terminate same.
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5 If any provisions of this Agreement are found to be contrary to law, or insurance requirements, such provisions will not be deemed valid except to the extent permitted by law or insurance requirements, but all other provisions shall continue in full force and effect. Terms and conditions of the invalid provisions shall be open for discussion between SCHOOL DISTRICT and CITY within thirty (30) days at the request of either party.
12. Modification
The terms of this Agreement may be modified only by the mutual consent and written agreement of the respective parties. This Agreement shall inure to the benefit of, and bind, any and all successors of the respective parties.
13. Notice
All notices by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, sent by United States mail, hand delivered, or sent by facsimile transmission, addressed as follows:
CITY:
Via Mail:
Attn: Assistant City Manager; Neighborhood Services Director City of Goleta
130 Cremona Dr # B,
Goleta CA 93117
Via Email:
[email protected]
Begin With: “Forward to Neighborhood Services Director and Assistant City Manager”
DISTRICT:
Via Mail:
Attn: Conrad Tedeschi, Assistant Superintendent of Fiscal Services Goleta Union Elementary School District
401 North Fairview Avenue
Goleta CA 93117-1796
Either party may change its address or contact person by signed amendment to this Agreement.
14. General Provisions.
A. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will Docusign Envelope ID: BB29AF92-6A65-4763-96BF-26737D0B7755 8 82093.00013\42384637.2
6 nevertheless continue in full force without being impaired or invalidated in any way.
B. Effect of Recitals. The Recitals and exhibits herein are deemed true and correct, are hereby incorporated into this Agreement as though fully set forth herein, and the parties acknowledge and agree that they are bound by the same.
C. Force Majeure. Notwithstanding any other terms and conditions hereof, in the event that a party is materially unable to perform any of its obligations hereunder because of severe weather, natural disasters, epidemics, riots, wars, acts of terrorism, governmental action or other events of force m ajeure beyond the party’s control, then such party shall, upon written notice to the other party hereof, be relieved from its performance of such obligations to the extent, and for the duration that such performance is prevented by such events; provided that such party shall at all times use its best efforts to resume such performance.
D. No Assignment of Rights. No rights that SCHOOL DISTRICT or CITY has under this Agreement may be assigned to any other person(s), entity, agency, or corporation without prior written approval of the other party.
E. Employees. For purposes of this Agreement, no employee of one party shall be deemed to be an employee of the other party. Nor shall any employee of one party be deemed to have any benefits, civil service, or other status of the other party.
F. Applicable Law . This Agreement shall be governed by, and construed in accordance with, the laws of the State of California and to the extent that there is any conflict between this Agreement and the laws of the State of Californ ia, the laws of the State of California shall prevail.
G. Entire Agreement. This Agreement is intended by the parties as a final expression of their understanding with respect to the joint use of facilities and is a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith. This Agreement may be changed or modified only upon written consent of the parties hereto.
H. Execution in Counterparts. This Agreement may be executed in counterparts, and each executed counterpart shall constitute one agreement binding on the parties notwithstanding that both parties are not signatories to the original or the same counterpart.
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7 I. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.
J. Joint Preparation. This Agreement shall be deemed to have been prepared jointly by the parties, and the usual rule th at the provisions of a document are to be construed against the drafter shall not apply.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of this ____ day of ___________________, 2024.
FOR THE GOLETA UNION SCHOOL DISTRICT
____________________________________
Conrad Tedeschi
Assistant Superintendent of Fiscal Services
FOR THE CITY OF GOLETA
_________________________________
Robert Nisbet
City Manager
APPROVED AS TO FORM:
Scott Shapses
Deputy City Attorney
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Exhibit A
EXHIBIT A- SCHOOL DISTRICT FACILITIES
Brandon Elementary 195 Brandon Drive, Goleta CA 93117 Ellwood Elementary 7686 Hollister Ave., Goleta CA 93117 Kellogg School 475 Cambridge Dr., Goleta CA 93117
La Patera Elementary School 555 North La Patera Lane, Goleta 93117 Goleta Union School District 401 North Fairview Avenue, Goleta 93117 Docusign Envelope ID: BB29AF92-6A65-4763-96BF-26737D0B7755 11 82093.00013\42384637.2
Exhibit B
EXHIBIT B – CITY Facilities
Evergreen Park 7524 Padova Drive, Goleta CA 93117
Jonny D. Wallis Neighborhood Park 217 S. Kellogg Ave, Goleta, CA 93117
Stow Grove Park 580 N. La Patera Ln, Goleta, CA 93117
Goleta Community Center 5679 Hollister Avenue, Goleta CA 93117
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