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HomeMy WebLinkAboutGUSD - Joint Use of Facilities Agreement < ~( , AGREEMENT GILROY UNIFIED SCHOOL DISTRICT and CITY OF GILROY WHEREAS, Chapter 4 of Division 12 of the Education Code of the State of California, commencing with Section 16651, authorized cities, public corporations and publ ic school districts to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attainment of general recreational and educational objectives for children and adults of City of Gilroy and the Gilroy Unified School District; and WHEREAS, City of Gilroy and the School District are mutually interested in and concerned with the provision of adequate facilities for the recreation and physical well-being of their residents; and WHEREAS, City of Gilroy operates and maintains certain publ ic parks and recreation facilities, hereinafter called I'City Property", which are capable of being used by School District for educational purposes and the District-sponsored recreation activities, and WHEREAS, The School District has certain play areas, toilets, auditoriums, gymnasiums and other educational facilities under their juris- diction, suitable for a community recreation program; IT IS HEREBY MUTUALLY AGREED BETWEEN The School District and City of Gi 1 roy that: The School District will make available to City of Gilroy for community recreation activities such school grounds, equipment and buildings as may be mutually agreed upon. These facil ities are to be selected by Parks and Recreation Director and approved by the Superintendent of the School District. The use of such selected school facil ities shall be in accordance with the regular procedure of the School District in granting permits for use of School Facilities as provided for by laws of Cal ifornia and the rules and regulations of the School District Board. The Eity of Gilroy will make available to the Gilroy Unified School District for educational oriented activities such City Recreation facil ities as grounds, equipment, and buildings as may be mutually agreed upon. These -2- facil ities are to be selected by the Superintendent of Schools and approved by the Parks & Recreation Director~ The use of such selected City Recreation facilities shall be in accord- ance with the regular proceedure of the Parks & Recreation Department in granting permits for use of city facil ities. Schedules shall be established for said use of selected school & city facilities by designated representatives of the Superintendent of Schools and the Parks and Recreation Director. IT IS HEREBY AGREED that a schedule of dates for the use of the School District Facil ities will be worked out in advance; that this schedule will be so arranged as to avoid any confl ict between the School and City of Gilroy's use. That in the schedul ing of said facil ities, school events and programs shall have the first priority and the recreation program established by the City of Gilroy shall have second priority and any other events by other groups or agencies shall have third priority. IT IS FURTHER UNDERSTOOD AND AGREED that this schedule may be changed at the request of either party by the mutual consent of the other. City of Gilroy through its employees agrees to provide adequate personnel to supervise the recreation activities which take place after school hours and during hol iday and vacation periods at the selected areas. IT IS HEREBY UNDERSTOOD That the personnel employed by City of Gilroy shall be under the supervision of the Director of Parks and Recreation. IT IS UNDERSTOOD AND AGREED that school principals are expected to and will advise in the planning and implementation of the recreation programs to be conducted by City of Gilroy, on or in the facil ities under said princi- pals jurisdiction. IT IS RECOGNIZED that school properties and facilities are intended primarily for school purposes and for the benefit of children of school age. It is therefore agreed that, in planning programs and scheduling activities on school grounds, the recreational needs and opportunities of such children will be well provided for and adequately protected. -3- IT IS FURTHER AGREED that in the event any dispute or difference arises as a result of the recreation program being conducted on the sites jointly used and selected as above outl ined or as to the use of school district facil ity, then, in that event, said dispute or difference shall be settled by appealing to the respective department heads of the School District and City of Gilroy in accordance with establ ished procedures. IT IS FURTHER AGREED that City of Gilroy will furnish and supply all expendable materials necessary for carrying on a community recreation program for all ages, on the facilities under its supervision. IT IS FURTHER AGREED that the School District will install and maintain all fences, play apparatus and facil ities necessary for its school program and that said equipment, apparatus and facil ities may be used by the City of Gilroy for community recreation purposes. IT IS FURTHER UNDERSTOOD AND AGREED that City of Gilroy, with the approval of the school board, will furnish and supply all the facil ities and equipment necessary for the community recreation program which are not included as a requirement for the school program and that, in that event, the facil ities and equipment so furnished may be used by the school district for school purposes. IT IS FURTHER AGREED that plans and specifications for the placement of all additional equipment, facilities and permarient improvements, and the type, design and construction thereof, shall be approved by the Superintendent of Schools prior to any installation thereof. Any installations of equipment or construction of facil ities on school premises by City of Gilroy shall be at City of Gilroy costs. IT IS FURTHER AGREED that the cost of maintaining said improved areas shall be borne proportionately by City of Gilroy and the District as determined by the relative use of said areas, and further that City of Gilroy and the School District agrees to maintain such areas in good condition during the periods of their respective responsibility. IT IS FURTHER AGREED that any permanent improvements or equipment installed or erected on said premises by City of Gilroy shall remain the property of City of Gilroy and may be removed if permit for use ~f areas is terminated. -4- IT IS FURTHER UNDERSTOOD AND AGREED that this agreement shall supersede any and all prior agreements for community recreation and that this agreement shall take effect July 1, 1971 and shall continue in effect until terminated. Either party to this agreement may at any time terminate this agreement upon giving, in writing, to either party twelve months notice of its intention to terminate same. In the event this agreement is terminated or in the event permission to use certain school facilities is revoked pursuant to this agreement, the City of Gilroy may remove all improvements installed by it on the above premises. When such improvements are of a permanent nature and their removal is not practi- cable, the School District shall reimburse the City of Gilroy for the fair market value of the improvements. IT IS FURTHER AGREED that the School District will provide all the custodial service for auditoriums, gymnasiums, toilets and other indoor facil ities of any school plant used by the City of Gilroy except such time as School District custodians are not normally on duty. IT IS FURTHER AGREED that City of Gilroy shall hold harmless and free from 1 iabil ity the School District, its officers, agents, employees, while acting as such, from all damages, costs or expenses which any of them shall become obligated to pay by reason of 1 iability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of operation of the community recreational program upon said premises and further the City of Gilroy shall be responsible for any and all damages to all school property caused by proximate result of any recreational activity being conducted on said premises by City of Gi~roy. IT IS FURTHER AGREED that the School District shall hold harmless and free from 1 iabil ity City of Gilroy, its officers, agents or employees while acting as such, from all damages, costs or expenses which any of them shall become obI i- gated to pay by reason of 1 iability imposed by law because of injury to property or injury or death of persons, received or suffered by reason of use of any of said installations or equipment in connection with the District program while under supervision or control of the School District and shall reimburse City of Gilroy for any damage caused to equipment or installations made by City of Gilroy while under control of the School District. L:" I -5- IT IS FURTHER AGREED that City of Gilroy and the School District shal I share the cost of supplying supervisory personnel for recreational activities. As its share, the School District agrees to contribute 1.5 cents per year, of the annual Community Service Tax, payment to be made in two equal installments on January 2 and May I of each fiscal year. Nothing in this agreement shall be construed to deprive the School District from exercising its authority to manage and operate school district property in the manner required by law. IN WITNESS THEREOF the parties hereto have caused this Agreement to be executed on their behalf. CITY OF GILROY ") '7 Y./ / ' by: ")t~;'/(d~C-I3~~L-C~ Mayor ATT~ST: ,)J!u~, ('( (2'--d<-J/~ ~i.i.t; City Clerk' /- GILROY UNIFIED SCHOOL -DISTRICT /1# _ ~__ n fi ~ " , , by: l!L~I)"-fA- ~ >4--f-t, {'-<-~ ~Superintendent or Schools June 1, 1971