MEMORANDUM OF UNDERSTANDING
CITY OF PACIFICA AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT 1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PACIFICA
AND THE
JEFFERSON UNION HIGH SCHOOL DISTRICT
On October 19, 1976, a Joint Powers Agreement (“JPA”) was entered into by the Jefferson Union High School District (“District”) and the City of Pacifica (“City”) (collectively referred to as the “Parties”) in order to facilitate the construction and operation of the Jean E-. Brink Pool (formerly the Oceana Natatorium). The JPA is set to expire on January 1, 2027. Subsequent to the formation of the JPA, three Memoranda of Understanding (1987; 1998; 2011) were agreed upon which memorialized the Parties’ agreements related to the Terra Nova Pool, the Oceana Natatorium and Tennis Courts located on District land (“Property”). This Memorandum of Understanding supersedes all prior agreements or understandings between the parties about the shared use of the Property identified herein.
2024-2025 AND SUCCEEDING YEARS
This Memorandum of Understanding is entered into by the City of Pacifica and the Jefferson Union High School District. This Memorandum of Understanding involves the use of District facilities by the City of Pacifica.
TERM OF THE AGREEMENT
This MOU shall become effective upon full execution, with a term of July 1, 2024, through December 31, 2026.
PRIORITY USE FOR DISTRICT FACILITIES INCLUDING POOLS
The priorities for the determination of the use of the facilities will continue to be as follows:
(1) District activities; (2) City activities; (3) all others on a first- come, first-served basis.
PRIORITY USE FOR DISTRICT FACILITIES OTHER THAN POOLS
1. District facilities will be as available as the scheduling of District activities can permit.
2. When the City requests the District to assign staff, the City will pay all costs necessitated by District staff working beyond their regularly scheduled hours as well as utility costs. If the City activity is scheduled within District's staffs availability and the activity requires little or no additional work, no charge will be made other than the costs related to utilities.
3. With special arrangements, staff as assigned by the City would be able to operate the facility during Sundays and holidays.
TERRA NOVA POOL
The City may request the use of the Terra Nova pool for summer programs. Based on usage during the summer of 2010, the rate was established at $30 per hour. For succeeding years, unless cooperatively revised by the City and the District, this rate was and will be increased annually by the Consumer Price Index- California (All Urban Consumers-San FranciscoOakland-San Jose) using the February to February CPI change. The current rate is 2.4%. Thus, for the summer of 2025, should the CPI be 2%, the result would be a total cost of $ 30.60 per hour.
MEMORANDUM OF UNDERSTANDING
CITY OF PACIFICA AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT 2 JEAN E. BRINK POOL
The following details the understanding of both parties as it relates to the Jean E. Brink Pool (the “Pool”)
I. Use of the Jean E. Brink Pool
1. The District shall operate the Pool from 7:00 a.m. to 4:00 p.m., Monday through Friday, when school is in session. The City shall have the opportunity to use the pool prior to 7:00 a.m. and after 4:00 p.m. (as noted in #2) Monday through Friday, when school is in session, and all Saturdays, Sundays, holidays and vacation periods. During the swimming season (approximately mid-January through mid-May), the District shall operate the pool from 6:30 a.m. to 4:30 p.m. (contingent upon the school day ending at 3:00 p.m.). In addition, school scheduled evening swim meets, when necessary, will result in school use of the Pool until 10:00 p.m. Either group may request approval of the other in the event of the variation of the above schedule. Each entity should endeavor to give timely notice of major changes in the schedule which deviate from the schedule or pattern of the previous year. The school principal and Park, Beach and Recreation Department Director/Designee will be responsible for such notices and will work collaboratively to resolve scheduling conflicts.
2. The District will provide the City with the spring competitive swim team and evening swim meet schedules, including practice times, and adjustments for City special events during allotted school time shall be submitted in a timely fashion to the District for approval.
3. The Oceana High School swim team’s use shall take priority.
4. In the event of any emergency which would preclude use of the Pool, the City may use the Terra Nova pool at no additional cost. Use of the Terra Nova pool would be on a short-term basis and/or until the Jean E. Brink Pool is available.
II. Terms of Annual Rent Payment
1. The City will pay District rental fees in the amount of $190,000 annually (“Annual Rent”), plus a 3% increase annually after Year 1.
a. The Year 1 period shall be considered to have commenced on July 1, 2024, and will run for the fiscal year, to June 30, 2025.
b. Year 2 rental period shall be considered to have commenced on July 1, 2025, and will run for the fiscal year, to June 30, 2026.
c. Year 3 rental period shall be considered to have commenced on July 1, 2026, and will run for half the fiscal year, to December 31, 2026.
d. For the Year 1 rental period, the City shall pay the entire Annual Rent by June 15, 2025. For Year 2 under this MOU, the City shall pay the Annual Rent in two (2) equal installments, at the beginning and mid-point of the fiscal year, July 15 and December
MEMORANDUM OF UNDERSTANDING
CITY OF PACIFICA AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT 3 15 respectively. For Year 3 of this MOU, the City shall pay an amount equal to half the Annual Rent in one installment, at the beginning of the fiscal year.
2. The Annual rent will include at no extra charge:
a. The City’s access to District-provided basic WiFi and a landline telephone service in the office space.
b. Regular use of lights, electricity, water, sewage, and heat in the Pool facilities.
The City will not be charged for these services as the cost is included in the Annual Rent. The City is responsible for placing all garbage collected throughout the Pool facilities in the nearest District dumpster.
III. Exclusive and Shared Use Spaces
1. The City will have exclusive use of the office space and storage space adjoining the Pool.
2. The City and District shall share use of the Pool, the adjoining locker rooms and bathrooms, and the bleachers. The City shall have a right of use at all times except when the Pool is being used by Oceana High School students for Physical Education or Swim team activities, or, if needed for other District student activities. The City shall work with the Oceana principal or designee to determine the actual schedule.
IV. General Upkeep and Improvement of the Pool
1. The City and District agree upon the duties and obligations of custodial services.
Referenced and incorporated here in as Attachment 1 is a detailed description of these agreed upon services.
2. The City will perform regular custodial services described in Attachment 1 and regular cleaning supplies and paper supplies for all restroom and other shared spaces necessary to perform the services described in Attachment 1.
3. The District will provide support during the swim unit for Physical Education and the high school competitive swim season as follows: (1) During Physical Education swim unit, the District will provide custodial services three (3) afternoons per week. (2) During the high school competitive swim season, the District will provide custodial services one afternoon per week, to be coordinated by the City with the site’s Lead Custodian. District custodial service will also be in place during and after high school swim meets or other high school events.
4. Except as described in subsection 3 above, the District may provide custodial and/or maintenance services on an occasional emergency basis if requested by the City.
Services shall be billed quarterly, at a rate of $50.00 per hour.
5. Routine maintenance and minor repairs will be performed by District staff, the costs of which are included in the annual Rent. Repairs totaling less than $5,000 will be considered “minor” repairs.
MEMORANDUM OF UNDERSTANDING
CITY OF PACIFICA AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT 4 6. Repairs or maintenance exceeding $5,000 will be considered “major” repairs/maintenance. The Parties will share equally the cost of all major repairs/maintenance. Either Party may initiate securing pricing for the cost of these major repairs/maintenance. However, neither Party will be reimbursed for work performed without approval by the other party.
7. Capital improvements shall be approved by both agencies, except in case of an emergency and/ or where immediate action must be taken. Such improvements, not of an emergency nature, should be submitted for consideration by March of the year prior to the fiscal year where expenditures are anticipated. Both agencies will attempt to establish a fund for such work. Capital improvements will be shared on a 35%- 65% basis, with the City paying 35% and the District paying 65%.
8. The City may rent the Jean E. Brink Pool with prior approval of the District. a. For aquatic competition rentals: Organizations renting the facility will be required to pay a "site impact fee" of $1 per each swimmer per day ($.50 per swimmer per Friday half-day meets). There will be a $300 per day minimum. (If there are less than 300 swimmers, the organization will pay a site impact fee of $300 per day).
The renting organization will submit a check payable to Jefferson Union High School District and provide "back-up" documentation to account for the number of swimmers attending the meet. Payment will collected by the City of Pacifica with all other rental documents. The City will forward payment and back-up documentation to the District.
b. In the case of other pool rentals, funds received from the City's renting the pool will be shared among City and District on the basis of 50% to each party after expenses. The City will provide the District's share upon completion of the rental usage along with an income/ expense summary accounting of all funds received and billed.
c. Funds derived from pool rental after expenses or through impact fees shall be directed toward the general upkeep of the pool.
9. The Oceana High School (upper) parking lots will be available for parking at no additional cost during weekend swim meets.
NOTICE OF WITHDRAWAL FROM POOL PARTICIPATION
1. Either party, with proper notice, has the right to terminate their use of the facility. Said notice would be by April 1 of the prior fiscal year. The second party shall have the right to continue their program.
2. Should the school district propose to sell the school grounds, a separate discussion would first be held with the City in order to establish a procedure to take over the operation and/ or acquire possession of the pool and underlying property.
TERRA NOVA TENNIS COURTS
The operation and scheduling of tennis court lights shall be the responsibility of the City.
1. The City shall, at its own expense, provide general maintenance to the tennis court lighting system, including lamp replacement, clock repair and lighting system repairs.
MEMORANDUM OF UNDERSTANDING
CITY OF PACIFICA AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT 5 The City shall also cover cost of all utilities. The City and the District will share the costs for replacement of nets and major repairs or replacement of court surfaces, with the City paying 40% and the District paying 60%.
2. The District shall have exclusive availability of the tennis courts between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, during the school year. The City will have the use of the tennis courts from 5:00 p.m. through 9:00 p.m., Monday through Friday, during the school year, and between 8:00 a.m. and 9:00 p.m. on Saturdays, Sundays, school vacation periods and holidays. The above schedule is subject to change based on the tennis seasons as set by the Peninsula Athletic League, at which time the District shall have the right to use the courts until 6:00 p.m. or until the completion of scheduled tennis matches.
INDEMNITY
1. City shall indemnify, defend, protect and save harmless District and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the "Indemnitees")-from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including without limitation reasonable attorneys' fees and court costs) arising from its use of the property that is the subject of the Agreement.
In the event any such action or proceeding is brought against District by reason of any such claim, City, upon notice from District, covenants to defend such action or proceeding by counsel reasonably satisfactory to District. The Office of the San Mateo County Counsel is deemed to be reasonably satisfactory to District. The obligations of City under this Section shall not apply to any claims or other matters resulting from the breach or default by District under the Agreement, as amended, or from the gross negligence or willful misconduct of District, its respective officials, agents, employees or consultants and other District Indemnitees.
2. District shall indemnify, defend, protect and save harmless City and its elected and appointed officials, officers, employees, officers and agents (collectively hereafter the "Indemnitees") from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including without limitation reasonable attorneys' fees and court costs) arising from its use of the property that is the subject of the Agreement.
In the event any such action or proceeding is brought against City by reason of any such claim, District, upon notice from City, covenants to defend such action or proceeding by counsel reasonably satisfactory to City. The obligations of District under this Section shall not apply to any claims or other matters resulting from the breach or default by City under the Agreement, as amended, or from the gross negligence or willful misconduct of City or its respective officials, agents, employees or consultants and other City Indemnitees.
MEMORANDUM OF UNDERSTANDING
CITY OF PACIFICA AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT 6 GOVERNING LAW; VENUE
This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflict of laws. Venue shall be in the Superior Court of the County of San Mateo.
Dated: _________ Jefferson Union High School District
By: _________________________
President, Board of Trustees
Dated: ___________________ ATTEST:
By: _________________________
Clerk, Board of Trustees
Dated: _________ City of Pacifica
By: _________________________
Mayor, City of Pacifica
Dated: ___________________ ATTEST:
By: _________________________
Clerk, City of Pacifica
MEMORANDUM OF UNDERSTANDING
CITY OF PACIFICA AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT 7 MEMORANDUM OF UNDERSTANDING
CITY OF PACIFICA AND THE JEFFERSON UNION HIGH SCHOOL DISTRICT 8 ATTACHMENT 1
Below is a list of tasks to be completed after each pool event:
• Clean and shower walls and fixtures with tile shower disinfectant cleaner • Wipe down other tile walls
• Clean all toilets and sinks with disinfectant cleaner including upstairs bathrooms • Empty trash receptacles
• Restock dispensers in all bathrooms and Locker rooms
• Clean mirrors
• Clean ceiling vents
• Wipe down doors/frames
• Mop all floors in bathrooms and locker rooms
• Mop floors in reception area. If need spray down and scrub • Clean entry glass doors
• Clean upstairs glass in front of stadium seating areas • Spray down and scrub the whole pool deck