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JOINT USE AGREEMENT
SA.~ MATEO COMMUNITY GYMNASruM
This agreement is made and ent~red into this 3i:.t:L day of .1 110 .,. , 2002, by and between the SAN MATEO UNION HIGH SCHOOL DISTRICT, hereinafter known ·as "DISTRICT" and the CITY OF SAN MATEO and the REDEVELOPMENT AGENCY OF THE CITY OF SAN 1v1ATEO, both hereinafter known as "CITY."
RECITALS
WHEREAS, on October 21, 1996, DISTRICT and CITY, sometimes referred to hereinafter as the parties, executed an agreement, in writing, in which certain fimds appropriated by the CITY were contributed to DISTRICT in connection with certain School Facilities Projects; and
WHEREAS, one of the facilities designated included the construction of a joint District/Community Gymnasium at San Mateo High School, sometimes referred to hereinafter as the· facility; and
WHEREAS, the DISTRICT and CITY will each share in the use of the .
Community Gymnasium, as well as its mainte~ce and operation; and WHEREAS, this Agreement is intended to delineate the responsibilities of both parties toward the maintenance and operation of the facility; NOW, THEREFORE, in consideration of the recitals, mutual obligations and promises of the parties as herein expressed, DISTRICT and CITY agree as follows.
Section 1: Community Gymnasium Management
1.1 Management Team: Not more than thrrty (30) days from the date of this Agreement, a four ( 4) member team (Team), composed of two (2) appointees· of the City Manager of CITY and two (2) appointees of the Superintendent of Schools of DISTRICT sh.all be established to oversee the operations of the facjlity.
1.2 Responsibilities of the Management Team: The Management Team shall be responsible for the following:
a) The preparation, revision and ~option of an annual operating budget for the facility; •
b) The establishment and publishing of any rules, regulations, pro_cedures . or policies deemed necessary at any time by the Team for the effective operation of the facility. In no event, shall the Team establish any rules, regul!3-tions, policies or procedures that conflict with any express - 1 -
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provision of this agreement or are in conflict with any governing rules, regulations, procedures or policies of either the DISTRICT or the CITY. •
c) The resolution of any problems that arise in the operation of the facility. •
In the event that the Team cannot appropriately :resolve any issue, the issue(s) shall be submitted to the _Superintendent of the DISTRICT and the City Manager of the CITY for resolution.
As soon as practical after the approval of the Agreement, the Team will meet to · discuss and coordinate the development of the first facility schedules for use, maintenance and operations. The T~am will meet for scheduling purposes in the future as required., but no less often than twice annually dming "the term of the Agreement.
Section 2:, Use and Operation by DISTRlCT and CITY. Use and operation of the facility shall be on_ a shared basis between DISTRlCT and CITY, and to that end, the following shall apply: •
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~v-') 1K 2 1 Scheduling. DISTRICT and CITY agree that the CITY shall be ,r" responsibl~ for and m~ain the master schedule for the facility. Representatives from C:-.> dX ~f(,..,. J the DISTRICT and CITY shall submit their respective scheduling requests to the Team ~ on March 1 (for uses between June through October), on June 1 (for uses between . November and February) and Nov~mber 1 (for uses between March and June). Once the DISTRICT use schedule has been submitted, all requests for additional usage shall be coordinated through the CITY.
' 2.2 Priorities for Use. The DISTRICT shall have priority use of the facility on school days· between the hours of 7:30 a.m. and 6:00 p.m. CITY shall have priority use after 6:00 p.m. on school days, on weekends and during holiday and vacation periods. It is understood that some DISTRJCT use may need to be accommodated after 6:00 p.m. on school days, on weekends and 'during vacation periods during certain times of the year.
To the best extent possible, those uses shall be anticipated and submitted as outlined in Section 2.1, Scheduling.
• . The DISTRICT shall have priority use on school days for any interscholastic ·- -- • ·comfetition.:·ToeTIISTR=1CT shalJ-a.dvise·tlie CITY 60-da.ysprfotfcrnny-regularly-- scheduled interscholastic competition that might extend ·beyond 6:00 p.m. on school days.
In the case of interscholastic events that are rescheduled on school days for unavoidable reasons or in the case of special games or competitions, such as playoff contests or ieague championships, DISTRICT will advise.CITY as soon as it has notice of the events and DISTRICT use shall have priority. DISTRICT practices .or other activities do not have priority after 6:00 p.m. on school days unless prior approval has been given by the CITY . . The CITY shall have priority use'during its assigned evening, weekends, . DISTRICT holiday and vacation peri~ds. During its assigned time periods, CITY will 'Ilk~ -'I ~
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make every attempt 'to accommodate DISTRJCT interscholastic competitions when notice is given to CITY 60 days prior to the proposed event. When CITY is notified by DISTRJCT of a proposed interscholastic competition less than 60 days prior to the date requested, CITY will meet with DISTRICT and consider the request. DISTRICT requests for practices or other activities during the CITY's assigned time periods will be considered by CITY on a space available basis.
CITY may request use of facility outside its priority times by arrangement with the DISTRICT. Any such use however, shall be scheduled and supervised so as to avoid the co-mingling of students and the general public.
2.3 Disruption of Use. Both DISTRICT and CITY recognize the p.eed to plan and schedule programs with as much foresight as possible so as to minimize the unanticipated re-scheduling or disruption of activities once they are publicized and agree to keep such unexpected disruptions to a minimum.
2.4 Limits of Access. CITY agrees to limit its primary access to the following rooms within the facility: gymnasium, including storage; dance, including storage; wrestling, including storage; park and recreation office; park and recreation storage; and public lobby restrooms. CITY may request and the DISTRICT shall provide reasonable access to the following rooms within the facility: concession, ticket offices, team rooms and male and female shower and locker rooms, so long as such requests do not conflict with priority use by DIST'RlCT. No access shall be provided to CITY to coaches' offices or storage areas specifically designated for DISTRJCT mthout prior DISTRICT permission. No access shall be provided to DISTRICT to the park and recreation office or the park and recreation storage room without prior CITY permission.
2.5 Supervision and Control of Facility. Each of the parties to this Agreement is responsible to provide security, supervision and control duripg its respective assigned periods or when each party is permitted to use the facility during the priority use hours of the other party.
DISTRICT and CITY shall provide at least two (2) phone numbers for notification in the event of an emergency.
Section 3: Public Use ofFacilitv
3.1 Availability of Facility. Once DISTRICT and CITY schedules are established, any remai.nipg time shall be made available fo1; public and/or private use. All requests shall be ~ubinitted to CITY for review and approval and added to the piaster .schedule. All public and/or private use reservations of the facility shall use the Use of Facilities fo1m of the DISTRICT. All parties of the agreement will insure that renters adhere to all DISTRICT policies, such as liability waivers, insurance requirements as outlined on the form.
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Copies of forms for use of the facility by public and/or private groups shall be provided to the DISTRJCT on a monthly basis.
3.2 Policies and Fees. The DISTRICT and CITY shall mutually develop policies and parameters for determining priorities of use for all public and/or private reservations, including fee schedules. All use fees shall be collected and retained by CITY.
All collection of fe_es will conform to the laws governing schoo_I grounds and those which are applicable to the CITY's property.· In the event of conflict between laws governing school grounds and those applicable to _CITY property, the laws governing school grounds shall prevail.
3.3 Facility Attendant CITY shall provide a building attendant wp.o will · remain on site during times the facility is used by all non-DISTRJCT uses.· The costs for such attendants shall be included-as part of the Facjlity Use Fees paid by all public and/or private uses. •
Section 4: Maintenance of Facility.
4.1 Responsibility for Maintenance. DISTRICT shall be responsible for the safety, security and operations of the facility, including the performance of all maintenance of the facility including the building interior, i.e. custodial services, consumable supplies, floor re-finishing, painting and maintenance and repair .of all electrical, plumbing; mechanical components of the building, the building exterior and any related landscaping, parking, paving, lighting, fixtures, preventive maintenance, garbage and litter removal., all necess~ utilities, except as noted in section 4.5 and the wages and salaries of any employees, contractors or consultants ·used to maintain the facility.
DISTRICT shall perform any other maintenance deemed necessary and appropriate by DISTRICT and CITY as approved by the, Team.
4.2 Maintenance Scheduling. In performing its maintenance responsibilities, DISTRICT will use its best·efforts to minimize interference with CITY's sche~uled use of facility and notify CITY when such scheduled maintenance activity will-be performed.
It is recognized~that·some odd or-unusual-hours may-be required of maintenance- --- .. ..... -~--· • - - - ·- personnel.
If deemed necessary, the DISTRICT may require that the facility be closed for annual maintenance or necessary repairs within a time fram~ mutually agreed upon by DISTRICT and CITY. During this time, neither DISTRICT students nor the general public will be permitted to be within the facility.
4.3 Em~gencies. In the event of an emergency or imminent ~afety bawd, • • _including with_Qut limitation, earthquakes, fires, flooding or other similar ev~nts, the - 4 -
DISTRICT may perform non-scheduled repair or maintenance work at the·facility without prior notification to the CITY. The DISTRICT shall notifv the CITY of such emergency work within a reasonable time. ~
4.4 Communication Regarding Maintenance. Any concerns of the CITY about the safety, general maintenance or use of the facility shall be communicated to the Director of Maintenance, Operations and Transportation of the DISTRICT.
4.5 CITY Responsibilities. CITY shall pay for and maintain its own telephone and data transmission services.
4.6 Facility Security. DISTRICT shall maintain keys and security codes for the facility and will issue such to authorized staff of both DISTRICT and CITY.
4.7 Damages Resulting from Negligence. DISTRICT and CITY shall be solely responsible for repairing any damage to the facility re~ul~g from its own negligence or misuse.
Section 5: Maintenance Funding. Each year of this Agreement, DISTRICT and CITY shall budget for and expend any moneys necessary and appropriate to the performance of the maintenance of the facility. DISTRICT and CITY shall each pay a proportionate share of the maintenance costs for the facility, including utilities, based upon actual usage. In deten:Il.1:IlIDg actual usage, usage by public and/or private groups shall be included in the CITY's portion of use. CITY shall make reimbursement to the DISTRICT when presented with an itemized invoice from the DISTRICT showing the actual expenditures. DISTRICT shall present such an invoice 'annually, following the close of the fiscal year (June 30)~ and CITY shall make payment within sixty (60) days from the date of presentatio~.
Section 6: Major Capital Improvements
6.1 Sinlcing Fund. DISTRICT and CITY will equally contribute an agreed upon amount annually into a sinking fund account maintained by DISTRICT for the purpose of undertaldng maj_or capital building repairs or improvements such as the roof, gymnasium floor, heating and cooling systems and the like valued over $10,000.
6.2 Payment from Sinking Fund: DISTRICT and CITY shall give written authorization prior to the expenditure of any moneys fi:om the sinldng fund, except in cases of emergencies, as described in section 4.3, in which case DISTRICT shall notify CITY of such work within a reasonable time.
Section 7: Equipment. The costs for repair or replacement of fixed asset equipment such as volleyball standards, basketball standards, speakers and other installed items of the like shalI°be split equally between DISTRICT and CITY. ·The costs for all other miscellaneous equipment such as balls, rackets, nets, scoreboard controls and the like, requ:zed as part of programmed activities, shall be paid for separately.by DISTRJCT and - 5 -
CITY. Any party to this agreement that causes damag~ or disrepair to any equipment through its own negligence or misuse shall be responsible for replacing or repairing su.ch equipment at its own co~. •
Section 8: Modifications to Facilitv. There shall be no additional development, modification or alteration to the facility without prior written. consent ofthe_DISTRICT and CITY. •
Section. 9: Operating Policies:' DISTRICT and CITY shall develop rules and regulations for operating guidelines relating to food policies, dances and other events using the facilities. A copy of the operating policies will be given to each party as well as to all pµblic and private users of~e facility.
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Section 10: Relationship of Parties. It is understood that DISTRICT building maintenance workers, supervisors, teachers, coaches and contractors are employees or contractors of the DISTRJCT and the CITY does not provide liability or worker's compensation insurance or benefits for any such employees and contractors.
It is understood that CITY instructors, attendants, supervisors, coaches and contractors are employees.or contractors of the CITY and·the DISTRICT does not provide liability or worker's compensation insurance or benefits for any such employees and contractors. •
Section 11: Hold Harmless
11.1 DISTRICT Indemnification and -Hold Harmless. It is agreed that .the DISTPJCT shall defend, hold harmless and indenmify CITY, its officers, ag~nts, and/or employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this Agreem~nt and which result from the negligent acts or omissions of DISTRICT, its officers, agents and/or employee$. • 112 CITY Indemnification and Hold Harmless. It is further agreed that the CITY shall defend, hold harmless and indemnify DISTRICT, its officers, agents, and/or employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of thi~ Agreement and which result frqm the negligent acts or omissions of CITY, its officers, agents and/or employees. -- --·--·---··- -··--- • ..
Section 12: Insurance
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• DISTRICT shall provide property and general liability insurance in th~ same manner and at the same level as -it .does for other DISTRICT facilities located on property owned by DISTRICT, except that it shall add by endorsement to its general liability policy, the CUY, its officers, agents, employees, independent contractors and elected and appointed officials, as additionB:I insureds. The City shall add DISTRICT, its officers, agents, • - 6 -
employees, independent contractors and elected and appointed officials, as additional insUieds on its existing general liability insurance policy.
Section 13: Modifications. This Agreement may be varied, modified, or altered by the mutual consent of DISTRICT and CITY. No alterations, amended modifications or variations of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the DISTRICT and CITY.
Section 14: Dispute Resolution. If from time to time disputes relative to maintenance and operations, use,. scheduling, and other itetns of interpretation of the provisions of this Agreement arise which are not resolved through the efforts of the DISTRICT and CITY • representatives, then it is the intent of the parties 'to this Agreement that the DISTRICT Superintendent and CITY Manager shall meet to discuss the issues in an effort to resolve the dispute. If such efforts are not successful, at either party's election the matter shall be submitted to mediation or non-binding arbitration with the parties equally dividing the cost of such proceedings.
All unresolved disputes, claims or other matters in question arising out of or relating to this Agreement or breach thereof, may ultimately be decided by means of legal action provided by California State Law. Any attorney's fees and associated costs arising from such legal action shall be paid for by the unsuccessful party in accord with the terms of this secti.oµ. Reasonable attorney's fees and court costs not to exceed $7,500 in total may be awarded to the prevailing party by the Court.
Section 15: Te1m. The Term of this Agreement shall be for twenty-five (25) years from the date and day above written. At the e>..rpiration of such Term, this Agreement shall be automatically extended for an additional twenty-five (25) years, unless either the DISTRICT or the CITY provides written notice.to the other at least six (6) months b~fore the end of the Term that it wishes to terminate this Agreement. Such notification of - termination by DISTRICT shall only be for good caus_e based upon CITY's default under this Agreement. In the event the parties disagree as to whether good cause exists for such a termination by DISTRICT, the parties agree to resolve the matter according to the terms of Paragraph 14 of this agreement. Notwithstanding this provision, CITY may terminate this Agreement for any reason at any time· upon six (6) months written notice to DIS'IRICT. •
Section 16: Successors. The terms. and conditions herein contained shaµ, subject.to the provisions as to assignment; apply to and bind_ the successors· of the parties hereto.
Section 17: Agreement Contains all Understandings. This document represents the entire and integrated agreement between the DISTRICT and CITY and supercedes all prior negotiations, representations, and agreepJ.ents, either written or oral. . • Section 18: Governing Law. This Agreement shall be governed by the laws of the State of California. •
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Section 19: Representatives. For purposes of general operations, the contact representative for the DISTRICT shall be the Director of Maintenance, Operations and Transportation and the contact representative for the CITY shall be Athletics Director, Sr.
Community Services Supervisor.
Section 20: Notices. All notices to either party shall be in writing and shall be addressed as follows:
DISTRICT
CITY
Associate Superintendent of Business Services
San Mateo Union High School District
650 No. Delaware St.
San Mateo, CA 94401
Director of Parks and Recreation
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
IN WITNESS WHEREOF, the parties hereto have executed.this Agreement as of the date first herein above written.
UNION HI OL
}}yin By _______ --L-----
CITY OF SAN MATEO
A Municipal Corporation
APPROVED AS TO FORM:
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REDEVELOP:MENT AGENCY OF THE
CITY OF SAN MATEO
By
SUE
~ LEMPERT,
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RESOLUTION N0 . .2.L.(2002)
APPROVING AND AUTHORIZING EXECUTION OF
.THE AGREEMENT BETWEEN THE CITY OF SAN MATEO,
THE REDEVELOPMENT AGENCY OF THE CITY OF SAJ'J MATEO, AND
SAN MATEO UNION HIGH SCHOOL DISTRICT FOR
• : JOINT USE OF SAN MATEO COMMUNITY GYMNASIUM
RESOLVED, by the .Council of th~ City·of San Mateo, ·calliornia; and it does hereby FIND, DETERMINE and ORDER, that: • •
1. • The public interest and convenience require the Agreement, cited in the title above, be executed.
2. Said Agreement is hereby approved and the Mayor or Department Head is authorized to sign and execute it on behalf of the C~ty.
3. The City Clerk is instruc.ted to attest the signature of the Mayor or . Department Head and affix the corporate seal of said City. /s/ SUE LEMPERT
:W.LAYOR
ATTEST:
(SEAL) /s/ NORMA GOMEZ
CITY.CLERK
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