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HomeMy WebLinkAboutGUSD - 2018 Cooperative AgreementCOOPERATIVE AGREEMENT BETWEEN THE CITY OF GILROY AND THE GILROY UNIFIED SCHOOL DISTRICT FOR SHARED USE OF CESAR E. CHAVEZ GYMNASIUM (9227 IOOF Ave, Gilroy, CA 95020) This agreement is entered into as of the Pt day of July 2018 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 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 objective 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 -roots 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 District find 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 E. Chavez Gymnasium facility, located at 227 IOOF Ave., Gilroy, California, 95020, to accommodate the City's community programs. The parties therefore agree as follows: 1. Gymnasium Operation and Use Periods a. The District owns a 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 E. Chavez Gymnasium" ( "Gymnasium ") that is available for use by the School during customary school hours form 7:30am to 3:OOpm, 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:OOpm to 6:OOpm, Monday through Friday for Youth Center Programming and activities, and (ii) after 6:OOpm, Monday through Friday, and during week -end hours, for facilitation of programs, classes, educational workshops, cultural celebrations, community forums, special events and other related programs. c. 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. The District 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, the gym office, and other fixtures. 3. Staffing/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 and repairs for the Gymnasium shall be furnished 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. 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 the school parking lot and use of 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 50% of the storage room will be designated to store the Gilroy Unified School District Emergency Operations Supplies, equipment, and lunch tables. The City will have access to the facility kitchen only if the City pays for a GUSD Kitchen Certified Attended to work out of the kitchen. 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. Propert 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 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/surprising 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, sports 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 this 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 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 Calculation — The pro rata share of each public entity or private party 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 form 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, 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 form any and all expense and liability for damage, actual or alleged, to persons or property arising out of or form 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 parry, or its respective officers, employees, or agents. Further each party agrees to defend the other party, with counsel reasonably suitable to the indemnified parry, for any litigation arising out of the indemnifying party's activities occurring at the Gymnasium, so long as petitioner is not a party to this Agreement. 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 form 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, 2018 and shall continue in force and effect until June 30, 2026, or until cancelled or terminated by either party, whichever comes 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 Administrator 7351 Rosanna Street Gilroy CA 95020 For the District: Superintendent 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 attorney fees. 15. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 16. Counterparts: Amendments This Agreement may be executed in multiple counterparts, each of which shall be deems 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 parry. 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 By: Q Superintendent Date: (0,1,511 U CITY OF GILROY By:`�r�� City Administrator Date: ATTEST: By: . City Approved as to Form By: City Attorney CERTIFICATE OF COVERAGE NAME AND ADDRESS OF AGENCY: Municipal Pooling Authority of Northern California P.O. Box 67 Walnut Creek, CA 94596 (925) 943 -1100 * FAX (925) 946 -4183 ORGANIZATION AFFORDING COVERAGE: Municipal Pooling Authority of Northern California NAME AND ADDRESS OF COVERED ENTITY: City of Gilroy LeeAnn McPhillips HR /Risk Mgmt Dept. 7351 Rosanna Street Gilroy, CA 95020 This is to certify that coverage agreements listed below have been issued to the covered parties named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded by the coverage agreements descrlbed herein Is subject to all the terms, exclusions, and conditions of such coverage agreements. TYPE OF COVERAGE General Liability Auto Liability Auto Collision and Comprehensive Workers' Compensation and Employers Liability COVERAGE AGREEMENT COVERAGE AGREEMENT NUMBER EXPIRATION lur ' : T:35111'7 6/30/2019 LIMITS OF LIABILITY per occurrence Bodily Injury, Property Damage, Personal Injury Combined $1,000,000 I Bodily Injury, Property Damage, Personal Injury Combined $0 $3,000 Deductible Police Vehicles $2,000 All Other Vehicles Limit of Liability = $250,000 SIR $500,000 Workers' Comp = Statutory Employers' Liability =$4.5 million Description of Operations/ Locations / Vehicles /Event /Restrictions /Special Items: It is hereby agreed that the Gilroy Unified School District is named an additional covered party for General Liability in respect to the City's use of District facilities under the Agreement effective July 1, 1971 between the City of Gilroy and the Gilroy Unified School District, but only to the extent assumed by the city under the agreement, and subject to MPA's Memorandum of Coverage terms, conditions and exclusions. Cancellation: Should any of the above described coverage agreements be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall Impose no obligation or liability of any kind upon the Authority, it's agents or representatives. CERTIFICATE HOLDER (name and address): Gilroy Unified School District Attn: Facilities Dept. 7810 Arroyo Circle Gilroy, CA 95020 Certificate ID: 2283 : 2015 -16 FY LB Prepared By: mp Date Issued: June 01, 2018 Erwin Chancl, Liability Claims