Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00413 March 22, 2022 Consent Item 17
Title: Agreements: School Field Use and Facilities Use Agreements with Natomas Unified School District
Location: District 1
Recommendation: Pass a Motion: 1) approving Field Use Agreement with Natomas Unified School District (NUSD) for the use of athletic fields at the planned new school within the Innovation Park Planned Unit Development; 2) approving the Revised Master Memorandum of Use Agreement for shared use of City and NUSD facilities; and 3) authorizing the City Manager or the City Manager’s designee to execute the Agreements.
Contact: Dana Repan, Senior Planner, (916) 808-2762, [email protected] ;
Raymond Costantino, Park Planning Division Manager, (916) 808-1941, [email protected], Department of Youth, Parks, & Community Enrichment
Presenter: None
Attachments:
1-Description/Analysis
2-Innovation School Field Use Agreement
3-Revised Master Memorandum of Use Agreement
File ID: 2022-00413 Consent Item 17
March 22, 2022
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City of Sacramento
Description/Analysis
Issue Detail: The Natomas Unified School District (NUSD) has agreed to allow the public to use the athletic fields at the planned elementary school in the Innovation Park Planned Unit Development (Innovation PUD) to provide recreational opportunities for the community after school during the weekdays after 4:30 p.m. and on weekends and holidays. The term of the agreement will commence when the school is constructed and be in effect year after year.
NUSD will develop and maintain the fields and the City will be liable for any damages to the school facilities caused by the public’s use. This agreement allows for the Innovation PUD developer to receive parkland dedication credits for NUSD’s agreement to allow public use of their athletic fields at this school site, given that access to these fields will serve the recreation needs of the future Innovation PUD residents.
The Revised Master Memorandum of Use Agreement revives a 2009 joint use agreement. Due to financial considerations which caused program cutbacks, City and NUSD did not utilize the recreational facilities of the other party. NUSD desires to use City parks and facilities for student recreation programs, PTA events, end of the year events, and summer school activities. City desires to arrange for public use of NUSD’s facilities for recreation programs offered by the City, such as sports camps. The facilities include school gyms, multi-purpose rooms and City’s community centers, as well as parks and school athletic fields. The parties will develop a schedule to avoid impacting planned uses of their facilities and permits will be issued at no cost. If City’s use of the school buildings causes increase custodian burden, then the City will be responsible to pay NUSD that extra cost. Each party will be responsible for repairs beyond normal wear and tear caused by their significant (heavy) use of the other party’s facilities.
Policy Considerations: Joint use of school recreational facilities is a policy included in the City’s Parks and Recreation Master Plan. Use of school athletic fields by the public at no cost to the City will help the City meet its General Plan goal of providing five acres of park space for every 1,000 residents. Allowing NUSD to use City parks and facilities for their school programs at no cost will benefit the residents within North and South Natomas.
Economic Impacts: Not applicable
Environmental Considerations: Not applicable
Sustainability: Not applicable
Commission/Committee Action: Not applicable
File ID: 2022-00413 Consent Item 17
March 22, 2022
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City of Sacramento
Rationale for Recommendation: The NUSD and the City seek to renew its joint-use partnership to provide recreational opportunities to the community, including the planned new school at the Innovation PUD.
Financial Considerations: Neither the City nor NUSD will be required to pay a permit fee for use of their respective facilities. Each entity will remain responsible for the costs to maintain their facilities. The City’s liability to repair damages to NUSD’s facilities caused by public use is the same as its obligation to repair City facilities used by the public. It is not expected that this liability burden will be significant and the City can always terminate the agreement if the public’s use of NUSD’s school fields causes excessive damages.
Local Business Enterprise (LBE): Not applicable
USE of FACILITIES RULES AND REGULATIONS
The following Rules and Regulations govern the use of grounds, buildings, and equipment of the Natomas Unified School District for public, non- school purposes. Infractions of these Rules and Regulations shall subject the offending group to charges for any damage to or abuse of school property and may result in the cancellation of any further use of District property. Rules and Regulations are in accordance with Board Policy 1330 and Administrative Regulation 1330.
1. Payment – Payment must be received in advance of the scheduled use. An invoice will be emailed to the applicant after the application is approved. Payment may be made by cash or check by delivering to the District office or online via credit card. The scheduled Use of Facility will be cancelled if payment is not received prior to use.
2. Intent – The Governing Board has adopted a policy whereby its facilities and grounds may be used as Civic Center in accordance with the provisions of Education Code sections 38130-38139. The Superintendent and/or designee will disapprove applications that do not conform to the provisions of the Civic Center Act of the Education Code and/or to District administrative regulations and liability restrictions. District facilities shall not be made available for public use under conditions or at times when such use would interfere with the regular school program, would be inconsistent with the purposes of public education, or would be detrimental to school properties. When the school district needs to use a facility that has been scheduled for public use, the facilities user understands that school business takes precedence.
3. Rules of Conduct & Supervision – Groups permitted to use District facilities must accept the responsibility for the conduct of their members and invitees. Proper supervision must be provided at all times. No person, organization, group or activity granted a permit for use of school facilities or grounds shall engage in the following: (a) Any use by and individual or group for the commission of any crime or act prohibited by law; (b) Any use of school facilities or ground which is inconsistent with their use for school purposes or which interferes with the regular conduct of school or school work; (c) Any use which is discriminatory in the legal sense; (d) Any use that involves the possession, consumption or sale of alcoholic beverages, tobacco or any restricted substances on school property; (e) Use of narcotics or drugs for purposes other than medical, and then only under the prescription of a duly licensed medical physician; (f) Fighting, quarreling, abusive language, or noise of any kind which may be offensive to other activities or the neighborhood; (g) Bring live animals, other than guide dogs, into classrooms or other spaces, unless specifically approved by the site administrator; (h) All permits shall be issued for specific rooms and for specific hours. It is the responsibility of the organization to ensure that unauthorized portions of the buildings or grounds are not used and that the premises are vacated as scheduled.
4. Application Process – Applications for use of school facilities will be accepted no later than two weeks in advance of the first date requested. No permit shall be granted for a period exceeding one year or June 30, whichever comes first. Any permit is revocable at any time.
5. Fees – When public use of school facilities involves any expense to the District in the form of clerical services, utility charges, supplies and depreciation of building and equipment, a per-occurrence charge shall be made to cover District costs of such expenses. An additional charge will be made for the hourly services of District employees when a person is required to work overtime; the Board of Trustees adopts the rate for such hourly services annually. When access to a school building is required for the purposes of public use, the building shall be opened, attended, and closed by an employee of the District. Payment for the service of District employees necessitated by public use shall be made by the permitted group in accordance with the regulations set forth in board policy. Custodial time for cleaning and sanitizing will begin before the group uses the premises and when premises are clear of event participants. Due to the pandemic, the time to clean and sanitize before and after events is increased. Per CDC guidelines, the premises will be sanitized before and after the event. If the activity and cleaning exceeds the allotted time, custodial cleaning time will start when the facility users vacate the premises. Organizations shall be charged for custodial overtime for use of school facilities on Saturdays, Sundays, holidays or vacation periods when no regular employee is on duty. Groups that are excessively messy will be charged for extra custodial time.
6. Use of Facilities – All facilities and equipment requested by the permitted group must be listed on the application form and approved by the principal of the school. School furniture, supplies or equipment shall not be used, removed, or displaced by a facility user without written permission.
No buildings, grounds, athletic fields, or other District property shall be modified in any manner without express written consent. Stages in multi- purpose rooms and pianos are not to be used unless special permission is obtained from the principal of the school. No person or organization shall be issued keys, for any purpose, to any District facilities. School premises shall not be used for meetings later than 10:00 pm except upon special permission. Any organization using school facilities or requiring clean-up after this time shall be charged for custodial services. In addition to the rental fee, all groups, regardless of category, will be expected to reimburse the district for the cost of employees hired to accommodate the use of the facility. Kitchen equipment will be used only under the supervision of paid cafeteria personnel. Any preparation and serving of cooked meals is restricted to use of only the stove, sinks, and counters. No cooking utensils, silverware, dishtowels, etc. shall be used. Children are not permitted in the kitchen.
7. Security – Community permit holders must provide a California licensed, bonded security guard for events and activities for each increment of 250 or more participants and/or spectators; i.e., 250-500 = one security guard, 500-750 = two security guards, etc. Such guards must be present for the duration of the event or activity, plus one-half hour before and after the event or activity. There may be some activities which may, at the discretion of the district, require additional guards. Security Guards are to be provided at additional cost.
8. Insurance – Eligible groups or organizations qualifying for free use of district facilities are required to meet the insurance requirements stipulated in the attached Insurance Agreement for Free of Charge Users (Insurance Form A). Eligible groups qualifying for fee use of district facilities are required to meet the insurance requirements stipulated in the attached Insurance and Indemnification Agreement for Users for a Fee (Insurance Form B). Neither the District nor its staff shall be responsible for any items left behind on school premises. Nor shall the District or its staff assume any responsibility for liability in connection with the services provided under this policy or the facilities use agreement.
9.Indemnification - Permittee agrees to defend, indemnify and hold harmless the Natomas Unified School District (NUSD), its board of Trustees, officers, agents and employees from and against any and all claims, injuries, liabilities, costs, demands, losses, damages, expenses of whatever nature including attorney fees and court costs arising from Permittee’s use of District Facilities. It is understood and agreed that such indemnity shall survive termination of this agreement.
10. Staff Supervision – A custodian is required for every facility use. Custodians are under the supervision of the site principal. A food services employee is required for every facility use that involves kitchen equipment. Food services employees are under the direct supervision of the Director of Food Services.
11. Protection of School Property – Any breakage, damage, or loss of district property shall be paid for by the organization making the application.
Costs shall be established by the District and an invoice shall be submitted to the permit holder. Failure to pay promptly for such damage shall be grounds for refusal of future applications. The district reserves the right to revoke or refuse permits to those who violate rules and regulations and provisions of the permit.
12. Cancellation/ Refund Policy - Any group that wants to cancel its use of District facilities must report the cancellation one week prior to scheduled use. Failure to notify District of cancellation one week prior to event shall result in forfeiture of fees.
February 9, 2022