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HomeMy WebLinkAboutGUSD - Cooperative Agreement for Cesar Chavez GymCOOPERATIVE AGREEMENT BETWEEN THE CITY OF GILROY AND THE GILROY UNIFIED SCHOOL DISTRICT FOR SHARED USE OF CESAR A. CHAVEZ GYMNASIUM (227I00FAve. Gilroy, CA 95020) This agreement is entered into as of the 1" day of July 2015 by and between THE CITY OF GILROY ( "City ") and the GILROY UNIFIED SCHOOL DISTRICT ( "District ") with respect to the following facts: A. The State of California has enacted legislation designed to promote and preserve the health and general welfare of the people of the State and to cultivate the development of good citizenship by the provision of adequate programs of community recreation and, further, to authorize cities and public school districts having powers to provide recreation to organize, promote, and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and residents of the State, which legislation is Chapter 10 of the California Education Code, section 10900 et seq. B. The City and the District have common interests in providing school and community instructional/recreational facilities and programs for the students of the District and for residents of the City. C. The City's Recreation Department has experience and relationships with local community based agencies, social and grass -root organizations, businesses and public safety agencies. The City plans to facilitate a variety of programs and activities, which meet the needs of children, teens, youth, active adults and seniors out of the Cesar E. Chavez Gymnasium facility, similar to programs that the City already provides out of other public facilities. The City welcomes partnerships with reputable organizations that meet the minimum qualifications for working with children and families, and as the facility schedule permits. D. The City and the District fmd that it is in the public interest, economically and practically, to cooperate with regard to the use of District and City -owned recreational facilities, and have from time to time provided for shared use of various District -owned and City -owned recreational facilities. E. The City and the District accordingly desire at the present time to provide for shared use of the Cesar A. Chavez Gymnasium facility, located at 227 IOOF Ave., Gilroy, California, 95020, to accommodate the City's community programs. The parties therefore agree as follows: Gymnasium Operation and Use Periods. a. The District owns certain property located at 227 IOOF Ave., Gilroy, CA 95020 ( "District Property"). The District Property has been provided for use by a public charter school, known as Gilroy Prep School ( "School "); The District Property is improved with a gymnasium known as the "Cesar 4845 - 3248- 3360v4 TMOREW04706083 A. Chavez Gymnasium" ( "Gymnasium ") that is available for use by the School during customary school hours from 7:30 a.m. to 3:00 p.m., Monday through Friday. b. Pursuant to the terms set forth herein, the District hereby grants to the City's Recreation Department the exclusive use of the Gymnasium (i) from 3:00 p.m. to 6:00 p.m., Monday through Friday for Youth Center Programming and activities, and (ii) after 6:00 p.m. on Friday, and during week -end hours, for use in facilitating the provision of programs, classes, educational workshops, cultural celebrations, community forums, special events and other related programs. The City will be organizing a variety of programs, activities and special events out of the Gymnasium that are free, while others will be made available at an affordable fee /charge. Additionally, a Youth Scholarship Program will be made available to all qualifying families to receive a considerable discount on the City's programs. d. A schedule of proposed City programs for the first year is attached as Schedule 1 to this Agreement. e. The City will convene a Facility Oversight Committee ( "FOC "), which must meet at least annually, to ensure that the activities facilitated out of the Gymnasium are consistent with the goals of this Agreement. The FOC may meet more than once per annum. 2. Equipment. The right of the City to use the Gymnasium granted under this Agreement shall not include the right to use the District's or the School's equipment or supplies, except for bleachers, basketball standards, and other fixtures. 3. Staffma/Custodial Services. The City will be required to manage the Gymnasium during non - school hours. The City shall staff the Gymnasium during City program hours and shall provide custodial services relating to such program hours. The City shall be responsible for having custodial services performed in and around the Gymnasium, including the restrooms, so that the area is neat, clean, safe and in a condition for School operations and activities. 4. Maintenance and Utilities. Building maintenance for the Gymnasium shall be famished by the District. However, the City shall reimburse $16,500 per annum for utilities, maintenance, and similar costs of the District related to the Gymnasium and its operations. In addition, City shall pay for certain parking lot lighting and cement improvements on a one -time basis for a cost of approximately Thirty Thousand Dollars ($30,000). 5. Access. The City shall assure that the Gymnasium, including restrooms, are open and operable during the City program hours. The City will have access to use the facility office to house program files and to conduct administrative work. Additionally, the City will have access to the storage room at the Gymnasium. It is understood that that 50% of the storage room will be designated to store the Gilroy Unified School District Emergency Operations supplies and equipment. The City will have access to the remaining 50% of the storage area to store program sport supplies and equipment. The City will have access to the facility kitchen only if the City pays for a GUSD Kitchen Certified Attendant to work out of the kitchen. The District 4845 -3248 -3360A 2 TMOREW04706083 shall assure that air conditioning in the Gymnasium is turned on when reasonably necessary for City- sponsored programs. The District shall also assure that the School facilities are closed and secured at the conclusion of each City use. The District may, at its option, provide keys to authorized City employees, according to the District's regular process for checking out keys, and thereby transfer to the City the responsibility for opening and closing the subject School facility. 6. Properly Damage. Each party shall be responsible to repair or replace any property damage at the School caused by it or by any of its officers, employees, agents, volunteers, program participants or spectators. 7. Employees. Each party shall be solely responsible for the hiring, training, supervision, compensation, provision of workers' compensation insurance, and termination of all personnel necessary for the conduct of the programs each party institutes at the Gymnasium as a result of this Agreement. It is specifically agreed that all personnel hired by each party, respectively, and all volunteers supervised by each party, respectively, shall be the agents, employees or contractors of the hiring/supervising party exclusively, and shall not be construed as employees of the other party for any purpose whatsoever. If the District or the City wishes to use the other party's employees in the conduct of their respective programs (e.g., gym attendants, sport officials, contract instructors, audio - visual crew, technical staff), the use of said employees shall be subject to a separate written agreement to be negotiated by the parties on terms to be mutually agreed upon. Indemnification. a. Joint and Several Liability - The parties recognize and agree that, pursuant to Government Code section 895.2, the common law of this State, and the terms of this Agreement, whenever any public entities or private entities enter into an agreement, they are jointly and severally liable for any liability which is imposed by any law other than Chapter 21 of Division 3.6 of Title 1 of the Government Code (commencing with section 895) upon any one of the entities or upon any entity created by the agreement for injury caused by a negligent or wrongful act or omission occurring in the performance of such agreement. b. Contribution Right - The parties also recognize and agree that Government Code section 895.2 is subject to Government Code section 895.4, and the common law of this State, which provides that as part of any agreement, public entities and other private parties may provide for contribution or indemnification by any or all of the parties that are parties to the agreement for any liability arising out of the performance of the agreement. Right of Pro -Rata Contribution - The parties also recognize and agree that, pursuant to Government Code section 895.6, unless the public entities that are parties to an agreement otherwise provide in the agreement, if a public entity is held liable upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of the agreement and pays in excess of its pro rata share in satisfaction of such judgment, such public entity is entitled to contribution from each of the other public entities that are parties to the agreement. The parties also recognize and agree that Government Code section 895.6 further provides each of the following, unless the public entities that are parties to an agreement otherwise provide in the agreement: (1) Pro -Rata 4845 - 3248 -3360A 3 TMORELL104706083 t Calculation - The pro rata share of each public entity or private parry is determined by dividing the total amount of the judgment by the number of public entities that are parties to the agreement; (2) The right of contribution is limited to the amount paid in satisfaction of the judgment in excess of the pro rata share of the public entity so paying; and (3) No public entity may be compelled to make contribution beyond its own pro rata share of the entire judgment. d. Indemnity for Negligence or Willful Misconduct - In accordance with the provisions of Government Code sections 895.4, 895.6, 6508. 1, the common laws of this State and the terms of this Agreement, each party agrees to indemnify and hold the other party and its officers, employees, and agents harmless from any and all expense and liability for damage, actual or alleged, to persons or property to the extent arising out of or resulting from negligent acts or omissions or willful misconduct of the indemnifying party or its officers, employees, or agents in connection with this Agreement. e. Indemnity.for Activities at Recreational Facilities - Further in accordance with the provisions of Government Code sections 895.4, 895.6, and 6508.1, and by the terms of this Agreement, each party hereto agrees to indemnify and hold the other party and its officers, employees, and agents harmless from any and all expense and liability for damage, actual or alleged, to persons or property arising out of or from any cause whatsoever arising from or connected with any activity under the jurisdiction, authority, or control of the indemnifying party, or its respective officers, employees, or, agents, except to the extent that such damage arises out of or results from negligent acts or omissions or willful misconduct of the indemnified party, or its respective officers, employees, or agents. Further each party agrees to defend the other party, with counsel reasonably suitable to the indemnified party, for any litigation arising out of indemnifying party's activities occurring at the Gymnasium, so long as petitioner is not a party to this Agreement. 9. Insurance. The District shall provide to the City, and the City shall provide to the District, certificates of liability insurance evidencing an amount of no less than one million dollars ($1,000,000) combined single limit per occurrence as a result of any accident due to negligence or omission resulting in bodily injury or property damage from the use of the City and District facilities by the respective parties under the terms of this Agreement, and such certificates shall name the other party as an additional insured with respect to facility usage. 10. Term. The term of this Agreement shall commence on July 1, 2015 and shall continue in force and effect until June 30, 2018, or until cancelled or terminated by either party, whichever occurs first. It is agreed that either party may cancel and annul this Agreement, with or without cause, for any reason whatsoever, upon sixty (60) days' written notice provided to the following persons (or their successors): For the City: City of Gilroy 7351 Rosanna Street 4845 - 3248 -3360A TMORELL104706083 0 Gilroy, CA 95020 For the District: Gilroy Unified School District 7810 Arroyo Circle Gilroy, CA 95020 11. Improvements. a. The City may, with the prior written consent of the District and upon approval by the District of such plans and specifications as may be necessary and appropriate, at the City's sole expense, construct or install either temporary or permanent improvements to the School facilities for the purpose of City — sponsored programs. b. The City and the District will make best efforts to ensure that improvements made pursuant to this paragraph will remain in place for a mutually agreed upon time period. If said improvements are to be removed prior to the agreed period, it shall be the responsibility of the .party that is requiring or causing premature removal to pay for the removal or relocation expenses. .c. Terms and conditions that are particular to specific facilities may be established by mutual consent or the parties hereto and inserted as amendments to this Agreement. 12. The parties understand and agree that (a) as to any of its officers, employees, agents, volunteers, or program participants working at the School, each party must comply with Education Code sections 44830.1 et seq. or 45125. 1, as appropriate; and (b) as to any person or entity contracting with a party to provide "school site services" as that term is used in Education Code sections 45125.1 and 45125.2, that party will comply, and require that all persons and/or entities comply, with the requirements identified by the District as appropriate pursuant to these two sections. 13. The City and each of its officers, employees, volunteers, program participants and/or spectators shall comply with all rules, requirements and regulations enacted by the District and/or the School related to activities, conduct and/or behavior on the District Property. 14. Attorney's Fees. In the event of any action or proceeding is instituted between the parties hereto in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including without limitations, court costs, all costs of appeals and reasonable attorneys' fees. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws -of the State of California. 4845 - 3248 -3360A 5 TMORELL104706083 16. Counterparts; Amendments. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which, together, shall constitute one and the same document. This Agreement shall not be modified or amended except by an instrument in writing executed by each of the parties hereto. 17. Successors. This Agreement shall inure to the benefit of, and bind, the parties' respective heirs, legal representatives, successors and assigns. 18. Interpretation. This Agreement shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against either party. 19. Construction. If any provision of this Agreement is held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and unimpaired by the holding. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired or invalidated in any way. IN WITNESS WHEREOF, the City and the District have caused this Agreement to be duly executed by their authorized officers thereunto duly authorized as set forth herein below. GILROY UNIFIED SCHOOL DISTRICT Superintendent of Schools Date: Approved as to Form By: [Name] 4845 - 3248 -3360A 6 TMORELL104706083 CITY OF GILROY By: Thomas J. Haglund City Adpiinisfrator Date: lU l t (4� IG ATTEST Approved as to Form By: —(t� i City Attorney EVIDENCE OF COVERAGE DATE(MM/DD/YYYY) 7/8/2015 This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the memoranda listed below. MEMORANDUM NUMBER: 152 JOINT POWERS AUTHORITY (JPA) Alliance of Schools for Cooperative Insurance Programs 16550 Bloomfield Avenue Cerritos, CA 90703 www.ASCIP.org CONTACT NAME: Mr. Fritz Heirich, Chief Executive Officer PHONE: (562) 404 -8029 JPA MEMBER Gilroy Unified School District 7810 Arroyo Circle Gilroy CA 95020 This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP) Memorandum of Coverages on insurance listed below have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages. TYPE OF COVERAGE ADDL INSR MEMORANDUM NUMBER (MOC) (MM POLICY EFF /DD/YYYY) POLICY EXP 12:01a.m. LIMIT OF LIABILITY /COVERAGE GENERALLIABILITY OCCURRENCE Personal Injury ./ MOC #152 7/112015 7/1/2016 COMBINED SINGLE LIMIT PER OCCURRENCE $ $5,000,000 AGGREGATE $ N/A $ Errors & Omission $ Employment Practices $ AUTOMOBILE LIABILITY AUTOMOTIVE PHYSICAL DAMAGE COMPREHENSIVE / COLLISION ANY AUTO COMBINED SINGLE LIMIT PER OCCURRENCE $ ACTUAL CASH VALUE $ $ Is PROPERTY BUILDING / CONTENTS FIRE, THEFT, RENTAL INTERRUPTION REPLACEMENT COST SUBJECT TO POLICY LIMITS, TERMS, AND CONDITIONS $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ❑ WC STATUTORY LIMITS NIA EACH ACCIDENT $ PER EMPLOYEE $ POLICY LIMB $ OTHER EMPLOYEE DISHONESTY (CRIME) SUBJECT TO POLICY LIMITS, TERMS, AND CONDITIONS $ $ $ $ ADDITIONAL REMARKS: As respects to Cooperative agreement between GUSD and the City of Gilroy for shared use of Cesar A. Chavez Gym CERTIFICATE HOLDER City of Gilroy Attn: City Administrator 7351 Rosanna Street Gilroy CA 95020 CANCELLATION Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30 days written notice to the Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon ASCIP, its agents, or representatives. AUTHORIZED REPRESENTATIVE: Fritz Heirlch "ASCIP is a joint powers authority pursuant to Article 1(commencing with Section 6500) Chapter 5 of Division 7 of Title 1 of the Government Code and Sections 39603 and 81603 of the Education Code. Rev s -97 25500271 1 152 1 15/16 All TvoeS I Nancv LOAez 1 7/8/2015 7:36:33 AM (PDT) I Pace 1 of 2 Additional Covered Party Endorsement District: Gilroy Unified School District Endorsement No. 25500271 Additional Covered Party: Description of Operations, Vehicle, Or Property:' City of Gilroy As respects to Cooperative agreement between GUSD and the City of Gilroy for shared use of Cesar A Chavez Gym Coverage Period: Effective:7i1i2015 Expires 12101 a.m 7/1 /2016 The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party only if the District is solely negligent. In issuing this endorsement, ASCIP intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims, demands, or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the ASCIP MOC. The limits of liability extended to the Additional Covered Party listed above is $5,000,000 per occurrence for liability. Authorized Representative: Date Issued-. 7/8/2015 ASCIP is a joint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code and Sections 39603 and 81603 of the Education Code. Rev 5/97 25500271 1 152 1 15/16 All TVnes I Nancv Lone. 1 7/8/2015 7:36:33 AM (POT) I Paae 2 of 2