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HomeMy WebLinkAboutContracts & Agreements_21-1974 A G R E E M E N T THIS AGREEMENT, made and entered into this day of September, 1974 by and between the CITY OF REDLANDS, hereinafter called "City", and the REDLANDS UNIFIED SCHOOL DISTRICT, hereinafter called "Schools" Said Agreement rescinds the prior agreement between City and Schools dated February 27, 1968, and the Amendment of such Agreement dated July 16, 1968 WHEREAS, the governing bodies of the City and Schools have jurisdiction over some of the same territory, and that the territory over which they do not have the same jurisdiction is contiguous, and WHEREAS, said governing bodies agree that community recreation is necessary for the purpose of the development of good citizenship and promoting and preserving the health and general welfare of the people of the territory over which they have jurisdiction, NOW THEREFORE, it is hereby agreed between the parties hereto as follows, to wit. 1 There is hereby created a body consisting of five members to be known as the Redlands Recreation Commission a. Members of this Recreation Commission shall be residents of the City of Redlands, or the area served by said commission, and they shall serve without compensation b. The membership of the Recreation Commission shall be appointed in the following manner. 1 The Redlands Unified School Board shall name two (2) of its members to represent said public authority 2 The City Council of Redlands shall name two (2) of its members to represent said public authority. 3 The four (4) members aforementioned shall appoint one (1) additional member (member at large) to the Recreation Commission, who shall not be an employee, or an appointed or elective official of either City or Schools. c. Each member of the Commission shall serve for a three- year term, or until a successor is appointed, when the terms of the first commission have expired. 1. Members of the Commission first appointed shall determine their respective terms of office by lot, so that one member thereof shall serve for a term of one (1) year, two members thereof for a term of two (2) years; two members thereof for a term of three (3) years 2 All vacancies shall be filled for the unexpired terms of the members whose office is vacant in the same manner as such member received original appointment d. The Superintendent of Schools, the City Manager, and the Director of Recreation, or persons designated them, shall be ex-officio members without vote, who shall act as technical advisors and attend meetings of the Commission 2 The general objective of the Commission shall be a To organize, promote and conduct a program of community recreation for the children, youth and adults of the City and the School District - 2 - b. To encourage and cooperate with community service agencies and organizations in their existing recreation programs. c. To recommend capital improvement as may be necessary in carrying out recreational activities. d To acquire, by conveyance, lease or otherwise and to establish recreation centers, including such places, structures, areas, or other facilities as may be used for community recreation e To establish rules, fee schedules and programs, and purchase supplies and equipment 3. The Recreation Commission shall promptly hold an organizational meeting and choose a chairman, vice-chairman and secretary. a Regular meetings shall be held on the second 'Thursday of each month, or upon call by the chairman or at the written request of three or more members of the Commission Notice may be given personally or by phone at least twenty-four hours before such meeting, or without notice if four members agree upon the time and the date of such meeting. b. The meeting place, unless otherwise designated, shall be in the School Board Room, in the City of Redlands. 4 The office of Director of Recreation is hereby created. a The appointment and dismissal of the Director of Recreation shall be by the Recreation Commission subject to ratification by the City and School and in conformity with Article 133, sections 1335, 1336, and 1337 of the - 3 - Redlands Ordinance Code and Ordinance 1089 of the City of Redlands b. The Director may appoint or remove other personnel subject to all ordinances, rules and regulations pertaining to personnel of said City c. The Director's salary shall be established pursuant to the meet and confer process of the Meyers - Millias - Brown Act The Director shall be solely responsible to the Commission in the implementation of Commission policies The Director shall be jointly responsible to the City Manager and Superintendent of Schools for the internal administration of the Department. d The Commission shall be subject to the jurisdiction of City and Schools at all tames and may be over-ruled in any of its actions by a majority vote taken at separate meetings of their governing body. 5. There is hereby created a fund to be known as the Recreation Fund a The Recreation Fund shall account for all financial transactions related to activities over which the Recreation Commission has jurisdiction. b The Commission may recommend fees to be charged for services rendered, and accept monies from other public agencies, or from donations, legacies, or bequests from other sources, which monies shall be deposited in the Recreation Fund. C. The City shall be designated as the fiscal agent for the Recreation Commission, and shall establish such accounting - 4 - e procedures for the receipt and disbursement of monies as may be required. d All costs of operation of all facilities used by the Commission for recreational purposes shall be paid from the Recreation Fund. e The Commission shall present its annual recreation budget for approval to the City and the Schools prior to April 1 of each year 6 Under authority contained in the Community Recreation Enabling Law, Education Code of California, Division 12, Chapter 6, Sections 16651 - 16664, and under authority vested in governing Boards of Trustees of School Districts contained in Public Law AB 1691, effective September 22, 1951, each of the parties hereto agrees to allocate to the Recreation Fund by a formula as follows. a. Assessed valuation of the Redlands Unified School District x 050 b. Assessed valuation of the City of Redlands x 0$-�, 7. Schools shall make available to the Commission for community recreation activities a. All permanently operated playground areas whish are suitable for community recreation activities, these areas to be selected by the Director of Recreation b. Schools further agree to allow the Commission to use other selected school facilities which are suitable for community recreation programs These facilities are to be selected by the Director of Recreation, approved by the Superintendent of Schools - 5 - n c. Schools will charge fees for facilities used by the Recreation Commission to cover utilities and custodial services 8. The Commission shall be subject to the jurisdiction of City and Schools at all tames, and may be over-ruled in any of its actions by a majority vote taken at separate meetings of their governing bodies The Commission shall be governed by the California Recreation Enabling Act referred to in Paragraph 6 above, or any amendments thereto. 9 This agreement shall remain in full force and effect until July 1, 1978. This agreement may be renewed, altered or amended at any time, in whole or in part, upon mutual consent of both parties hereto. 10. On the event of dissolution of the Commission, any surplus monies on hand at the date of dissolution shall be returned in proportion to the contributions made by City and Schools Any property, in the event of dissolution shall be distributed to the City and Schools in shares proportionate to the City and Schools contributions to the acquisition of said property (Government Code 6511 and 6512) . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on their behalf REDL IED SCHO DI R CT CITY OF REDLANDS Ey ....gr mayor ATTEST; . ..* zv� - Deputy City Clerk AGREEMENT THIS AGREEMENT, dated this /S/t1, day of 6:�.T 1977, by and between the CITY OF REDLANDS, a general law city of the State of California, (hereinafter referred to as "City") , and the REDLANDS UNIFIED SCHOOL DISTRICT, duly organized and existing under the laws of the State of California, (hereinafter referred to as "District") ; RECITALS 1. City and District are authorized by law to acquire, construct, maintain, and operate irrigation lanes and turf facilities for use as a school park; and 2. City and District in the "Joint Exercise of Powers Agreement Between the City of Redlands and the Redlands Unified School District, " dated the 3rd day of May, 1977, (hereinafter called "Joint Powers Agreement" ) , to construct and operate turfed facilities upon the sites described in Exhibits "A, " "B,. " and "C, " attached hereto and incor- porated herein by reference (hereinafter referred to as "Pro-3ect Sites") , and to develop them as a comprehensive project, including irrigation, turfed areas, and related facilities of the school, made certain agreements ; 3 . The Joint Powers Agreement was executed in accordance with provisions of Article 1, Chapter 5, Division 7, Title 1 of the Govern- ment Code of the State of California (commencing with Section 6500, hereinafter referred to as "Act") relating to the joint exercise of powers common to public agencies, in this case, City and District The City and District each have the power 3oi.ntly to provide for the said consLruczion and to obtain the necessary grants for rhe proDect. 4. City and District applied for and obtained a block grant allocation under the Roberta.-Z 'berg Open-Space and Recreation Pro- gram (SB 174) , by jointly exercising their common powers in the manner set forth in the Joint Powers Agreement. NOW, THEREFORE, City and District, for and in consideration of the covenants and conditions contained herein, agree as follows = -1_ Section 1. That turfed areas for joint school and urban space lands and recreation have been established in the City of Redlands pursuant to the Urban Open-Space and Recreation Program (SB 174) , and approved by the Resources Agency of the State of California. Section 2. That the City agrees to supply all of the water reasonably required to irrigate such turfed areas, at no cost to district so long as such areas are used for joint school and urban open space and recreation. Section 3 . That the District shall maintain the turfed areas and provide all of the labor, work, materials, supplies, and equip- ment necessary for such maintenance, without cost to the City IN WITNESS WHEREOF, the parties to this Contract have caused their names to be affixed hereto by the proper officers thereof. This Contract is signed and executed this day of , 1977. CITY OF REDLANDS By: City Manager ATTEST: City Clerk REDLANDS UNIFIED SCHOOL DISTRICT By ATTEST: Clerk -2- Ilk { In the interest of bringing up to date with current practices of the Recreation Commission and to remove any possible ambiguities, the Recreation Commission respectfully requests that the City Council and the School Board consider amending the Joint Powers Agreemeni as follows: i . State the City's allocation for the Department's operation will be based on .080 and the School District's at .05a of their respective assessed valuations, and rescind the amend- ment dated July 15, 1968 respective to the capital improvement fund. 2 Enable the Commission to authorize rules, fee schedules and programs, and purchase supplies and equipment, whale continuing to recommend capital improvements. 3 Provide That the Director of Recreation's appointment or dis- missal be by the Recreation Commission subject to ratification by the City Council and School District. Provide that the Director may appoint or remove other personnel subject to the personnel ordinances, rules and regulations of the City. 4 Agree upon a method of establishing the Director's salary and other benefits, and hold him responsible to the Commission in carrying out the policies of the Commission He would be jointly responsible to the City Manager and the Superintendent of Schools for the administration of the Department Remaining intact would be the provision, "The Commission shall be subject to the jurisdiction of City and Schools at all times, and may be over--ruled in any of its actions by a majority vote taken at separate meetings of their governing bodies." Dated: June 13, 1974