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HomeMy WebLinkAboutCO 2025-021 - Cucamonga School District City of Rancho Cucamonga CONTRACT NUMBER 2t)25 -02I CITY CLERK JOINT USE AGREEMENT BY AND BETWEEN THE CUCAMONGA SCHOOL DISTRICT AND THE CITY OF RANCHO CUCAMONGA("AGREEMENT') This Agreement (Agreement") is entered into and effective January 1, 2025 ("Effective Date") by and between the Cucamonga School District("District) and the City of Rancho Cucamonga ("City."). Section 1: Intent of the Parties. District owns and operates facilities that are or can be utilized for recreational purposes. The City owns and operates park facilities that are utilized for recreational. purposes. City utilizes the District's facilities for its residents' recreation activities and the District may utilize parkland for school use. The joint use of City and District facilities is beneficial to both entities and maximizes the recreational opportunities for constituents within each entity's jurisdiction. This Agreement is intended to establish the terms, conditions, and promises by which City and District will provide for the use of the facilities for recreation purposes. This agreement authorizes the City to allocate and schedule the District fields and outdoor courts in Attachment A with prior approval from District. i Section 2:Real Property Subject to this Agreement. The District intends City to be able to jointly use only the District's schools, present and future which are located within City, for joint use. The specific list of school sites that are regulated by this Agreement (in whole or part "Facilities") are set forth on Attachment A. The City intends the District to be able to jointly i use the City's parks adjacent to or nearby school sites as identified in Section 4 of this agreement. In such circumstance the parties and their invitees, licenses, and representatives may, by mutual agreement utilize any reasonable portion of the entire parcel in a reasonable manner so as to effectuate the intent of this Agreement. City and District agree to, at all times, maintain the Facilities in a safe and reasonable condition and in full accord with all laws and regulations regulating the subject real property and the management thereof. Section 3: Fields and Outdoor Courts Usage Allocation and Scheduling. The-joi nt-rase-of-the-fields-and-outdoor-courts-must-respect-both-traditional-and-unique-use-requirementsof the fields and outdoor courts as permitted by District and agreed to by City. Specific days and times at each facility are agreed upon twice per year. A. Approved Youth Sports Organizations. City shall allocate and schedule designated fields and outdoor courts for use by approved Rancho Cucamonga based non-profit sports organizations that are designated members of the City's Sports Advisory Committee, with final District approval. City monitors residency and meets regularly with the Youth Sports Organizations that are members of the Sports Advisory Committee. L City will allocate school sports fields during the fall/winter(August 1-January 31) and the spring/summer (February 1 - July 31). City and District will work together to ensure that District fields and outdoor courts are not overused or assigned to groups where that field or outdoor court might be considered an inappropriate fit for that group. ii. City and District, shall maintain regular contact to coordinate the scheduling of the fields and outdoor courts to evaluate the schedule of events to avoid or resolve any scheduling issues. B. City Sponsored Programs. City may utilize the Districts' outdoor basketball courts, for City sponsored programs. City will reserve the courts prior to each upcoming school year. The City will discuss and reserve any District fields, courts or facilities with the District for City Sponsored Programs prior to each upcoming school year. Section 4: Park Facilities Adjacent to Schools and Used to Auament School Facilities. City agrees to provide park space as identified below for District schools during school hours and inform City of school and District calendars impacting park use. The City will be responsible for applicable signage located on City owned property at the designated locations as follows: 1. Rancho Cucamonga Middle School to Old Town Park Section 5: Fees for Fields and Outdoor Courts Usaae. A. City Parks - City shall not charge for park space adjacent to school sites designated in this agreement in Section 4 B. District Outdoor Fields and Sport Courts - District shall not charge City any fee for the usage of outdoor Facilities for approved Youth Sports Organizations or City Sponsored activities. District expects City and user groups to provide general clean-up after each use. District may charge non- profit user groups for use of restrooms or require them to place portable restrooms or trash dumpsters on-site-at-the-gr-oups-expense 2 Section 6: Term and Termination. The term of this Agreement shall be for one (1) year commencing on the Effective Date with the ability to renew four (4) times for an additional one (1) year each, totaling five (5) years, if agreed upon by both parties. This agreement shall automatically renew annually unless otherwise terminated. Notwithstanding the term, either party may terminate this Agreement in writing with no less than ninety (90) days written notice from the allocation period (Fall/VVinter by April 1; Spring/Summer by October 1). Section 7: Extraordinary Wear and Emergencies, District shall be solely responsible for the ordinary wear and tear experienced by the District fields and outdoor courts. Organizations utilizing District property through the City allocation process will provide the District with insurance naming the District as additionally insured and will be responsible for any damage or destruction of the fields and outdoor courts or any District's personal property. In the event City use results in the damage or destruction of the fields and outdoor courts or any of District's personal property therein, City shall promptly replace such property or reimburse District for the costs of any necessary repair. Further, in any event emergency maintenance and/or repairs are necessary to make the subject fields and outdoor courts safe for-usage by City or its invitees or licensees, District, without being subject to a claim of breach of this Agreement, may elect to close the fields and outdoor courts to use by both City and District. District will notify the City immediately of any emergency closures so that the user group can be notified. City shall be solely responsible for the ordinary wear and tear experienced by the City Facilities. In the event District or any third party authorized by District use results in the damage or destruction of the Facility or any of City's personal property therein, District shall promptly replace such property or reimburse City for the costs of any necessary repair. City shall not interfere with and shall cooperate with District in District's efforts to recover any damages from any third-party District reasonably believes to be liable for the subject damage or destruction. Further, in any event emergency maintenance and/or repairs are necessary to make the subject Facility safe for usage by District or its invitees or licensees, City, without being subject to a claim of breach of this Agreement, may elect to close the Facility to use by both District and City. 3 Section 8:Indemnity and Insurance. City shall indemnify, defend, and hold harmless District and its officers, officials, employees, and bonafide agents(collectively"Indemnitees"and individually"Indemnitee")with respect to any and all claims, liabilities, demands, expenses, liens, fees, costs, and damages, including payment of reasonable attorney's fees, for injury or death to any person, or damage to any property, arising out of, or incurred in connection with, the negligent acts or omissions of the City or of any City officer, employee, agent or invitee, or any failure by the City to perform its affirmative obligations set forth in this Agreement. District shall indemnify, defend and hold harmless the City and its officers, officials, employees, and bonafide agents(collectively"Indemnitees"and individually"Indemnitee")with respect to any and all claims, liabilities, demands, expenses, liens,fees, costs, and damages, including payment of reasonable attorney's fees, for injury or death to any person, or damage to any property, arising out of, or incurred in connection with, the negligent acts or omissions of the District or of any District officer, employee, agent, student, or invitee, any failure by the District to perform its affirmative obligations set forth in this Agreement, or from District's status as owner of the Facilities. City and District each shall maintain current and in full effect commercial general and automobile liability insurance policies, which may be satisfied either by self-insurance,joint powers authority mechanism, or by policies of insurance procured through an insurance company authorized to do business in the State of California. Such policies shall have a minimum limit of not less than Two Million Dollars ($2,000,000.00) per occurrence, or twice that amount if an aggregate policy is provided. Each policy shall name the other's elected officials, officers, and employees as additional insureds. If any resident youth sports organization has damaged school property, then the District will seek renumeration for repairs directly through that particular resident youth sports organization. Section 9: Force Maieure Neither City nor District shall be liable for any failure to perform if acceptable evidence has been submitted to the other that failure to perform the Agreement was due to causes beyond the control and without the fault or negligence of the nonperforming party. Examples of such causes include acts of God, civil disturbances, fire, war, or floods, but do not include labor related incidents, such as strikes or work stoppages. 4 Section 10: Notices Any notices, bills, invoices, or reports required by this Agreement shall be conclusively deemed received on (a)the day of delivery if delivered by hand during the party's regular business hours; or(b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. If to City: City of Rancho Cucamonga 10500 Civic Center Drive/Post Office Box 807 Rancho Cucamonga, California 91729-0807 Attention: Jennifer Hunt-Gracia, Community Services Director If to District: Cucamonga School District i 8776 Archibald Ave. Rancho Cucamonga, California 91730 Attention: Mr. Michael Chaix, Cucamonga School District Superintendent Section 11: Comoliance with Laws. Both City and District shall comply with all applicable federal, state, county and local laws, ordinances, codes and regulations. Section 12: Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between District and City. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges and agrees that no representations by any party which are not embodied herein and no other agreement, statement or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement will be effective only if it is in writing signed by the parties. Section 13: Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement, or the application of it to any person or 5 circumstances, is determined by a court of competent jurisdiction to be unenforceable, such provision shall be severed from and shall.not affect the remainder of the Agreement. Section 14: Sianatures: Each party affirms that the signatures and titles set forth hereinafter in the execution of this Agreement represent all persons authorized to execute this Agreement and are sufficient to bind the respective party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written. above. CITY OF RANCHO CUCAMONGA CUCAMONGA SCHOO qIS"f'1CT A Muni 'pal Corporation (Hil 2pre is u erintendl ri of Sch ols Corn ervices Director Clerk, Board of Tru tees Joint Use Agreement Between City of Rancho Cucamonga and Cucamonga School District ATTACHMENT A Table below includes both City and approved Youth Sports Organization year-round activities and/or per allocation season (Fall/Winter and Spring/Summer). Future facilities are subject to this agreement unless otherwise excluded. j School Fields/Courts/Facilities Cucamonga Elementary School 4 ball diamonds i outdoor basketball courts, multi-purpose room Los Amigos Elementary School 2 ball diamonds outdoor basketball courts multi-purpose room i Rancho Cucamonga Middle School 4 ball diamonds i 1 multi-purpose field (overlay) outdoor basketball courts gymnasium multi-purpose room