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Home My WebLink AboutContracts & Agreements_223-2006_CCv0001.pdf AGREEMENT FOR JOINT USE OF FACILITIES This Agreement is made and entered into this 3rd day of October, 2006, by and between the City of Redlands, a municipal corporation(hereafter referred to as "City") and the Redlands Unified School District, a school district organized and existing under the laws of the State of California(hereafter referred to as"District") who are each sometimes individually referred to herein as a"Party" and, collectively, as the"Parties." RECITALS WHEREAS, City and District own and operate certain parks, buildings, school buildings, school grounds, sports fields and gymnasiums located within the City of Redlands which are identified in Exhibit"A,"attached hereto and incorporated herein by this reference (the"Grounds and Facilities"); and WHEREAS, it is in the best interests of the public for the Parties to share use of their respective Grounds and Facilities in order to efficiently and economically utilize the Grounds and Facilities for the benefit of the citizens of City; NOW,THEREFORE, in consideration of the mutual promises contained herein, and for such other good and valuable consideration,the receipt of which is hereby acknowledged,the City of Redlands and the Redlands Unified School District agree as follows: AGREEMENT 1. TERM The term of this Agreement shall commence on October 3, 2006, and shall continue until terminated as provided for herein. 2. FEES City shall not charge District any fees for use of City Grounds and Facilities; however, District shall pay to City all City-incurred direct personnel costs resulting from District's use of City Grounds and Facilities. Likewise, District shall not charge City any fees for use of District Grounds and Facilities; however, City shall pay to District all District-incurred direct personnel costs resulting from City's use of District Grounds and Facilities. 3. MAINTENANCE City shall be solely responsible for maintaining City Grounds and Facilities. District shall be solely responsible for maintaining District Grounds and Facilities. Maintenance includes, but is not limited to, manicuring fields, the removal of garbage and debris, painting and repairing bleachers and storage facilities, cleaning floors, maintaining lights and lighting systems and other building and ground preventive maintenance deemed necessary by City and District. City shall be responsible for maintenance resulting from City activities. District shall be responsible for DMAgreementsUoint Use RUSD l repairing bleachers and storage facilities, cleaning floors, maintaining lights and lighting systems and other building and ground preventive maintenance deemed necessary by City and District. City shall be responsible for maintenance resulting from City activities. District shall be responsible for maintenance resulting from District activities. City and District shall agree to an allocation of costs of repairs and maintenance of apparatus and structures used by both City and District. 4. WATER AND ELECTRICITY City shall supply and bear the cost of all water used to maintain City Grounds and shall be solely responsible for all electricity charges to City Facilities, and City-owned Facilities located on District Grounds. District shall supply and bear the cost of all water used to maintain District Grounds and shall be solely responsible for all electricity charges to District-owned Facilities. As District-sponsored activities for use of City-owned Facilities occur at night, City and District shall agree to an allocation of all electricity used. S. CITY EQUIPMENT/FACILITIES ON DISTRICT GROUNDS City equipment located on District Grounds shall remain the property of City, and City shall be solely responsible for the maintenance of such equipment. District shall use City equipment and facilities as provided herein. City shall be entitled to remove any City equipment located on District Grounds. 6. PROOF OF DAMAGES Willful damage to City and/or District Grounds and Facilities shall be investigated by representatives of City and District. If adequate proof for damage can be determined to be that of City-related programs or activities, then costs and repairs of such damage shall be borne by City. Likewise, if adequate proof for damage can be determined to be that of District-related programs or activities, then cost of repairs of such damage shall be borne by District. If it cannot be reasonably determined when the damage occurred, the cost of said repair shall be divided equally between Parties. 7. SAFETY The Grounds and Facilities shall, at all times, be maintained and operated in accordance with established safety standards. City and District representatives shall report any and all possible safety hazards that come to the attention of such representatives to the appropriate agency. City shall be responsible for correcting any identified safety hazards on City Grounds and Facilities and City-owned equipment on District grounds. District shall be responsible for correcting any identified safety hazards on District Grounds and Facilities. 8. USE OF GROUNDS AND FACILITIES APPLICATION All Grounds and Facilities shall be operated for the benefit of the citizens of the Redlands area and shall be available to such persons during established hours of operations as agreed DJWAgreements'Joint Use RUSD 2 to by City and District. District Grounds and Facilities shall not be used by City during school hours and school-related activities. City shall schedule evening and weekend facility use for Orangewood and Clement as previously agreed. For all other District Grounds and Facilities, City shall file a"Use of District Facilities Application" and shall schedule District Grounds and Facilities in accordance with District's established procedures. District shall file a"Use of City Facilities Application" and shall schedule City Grounds and Facilities with the City's established procedures. Documents required by the City from outside organizations for use of School facilities and grounds for City-sponsored or City-scheduled activities shall include a waiver signed by the Applicant, indemnifying the District from any loss,liability or claim. 9. INSURANCE City and District shall maintain adequate liability insurance, or shall self-insure, for property damage and bodily injury arising out of their respective activities under this Agreement. The Parties shall name each other as additional insureds on any such policies and provide each other with certificates of insurance evidencing the same concurrent with the execution of this Agreement. 10. HOLD HARMLESS City shall defend, indemnify and hold District harmless from any and all damages, losses, liability, claims, suits and judgments resulting from work done or omitted by City in connection with this Agreement. Additionally, City shall defend, indemnify and hold District harmless from any loss, liability, claim suit or judgment arising out of public use of District Grounds and Facilities by members of the public when school is not in session, and such Grounds and Facilities are in use for City-sponsored events and activities. District shall defend, indemnify and hold City harmless from any and all damages, losses liability, claims, suits and judgments resulting from work done or omitted by District in connection with this Agreement. Additionally, District shall defend, indemnify and hold City harmless from any loss, liability, claim suit or judgment arising out of public use of District Grounds and Facilities by members of the public when school is not in session, and such Grounds and Facilities are in use for District-sponsored events and activities. The provisions are included in accordance with Government Code Section 895.4 and are applicable to the Parties to the extent authorized by law. 11. TERMINATION This Agreement may be terminated,by either Party upon thirty(30) days prior written notice to the other Party. i3JIrtlAgreetnentsUoint Use RUSU 3 12. ASSIGNMENT This Agreement shall not be assigned by either Party without the prior written consent of the other Party. Any assignment or attempted assignment without such consent shall result in the immediate termination of this Agreement. 13. NOTICES All notices to be given under this Agreement shall be in writing and delivered in person, or sent by first class mail, postage prepaid, addressed as follows: City of Redlands Redlands Unified School District. Community Services Division Facilities Department P.O. Box 3005 P.O. Box 3008 Redlands, California 92373 Redlands, California 92373 14. ENTIRE AGREEMENT/AMENDMENT This Agreement represents the entire agreement between the Parties as to the matters contained herein, and shall be amended only by written agreement executed by the Parties. IN WITNESS WHEREOF the Parties hereto have executed this Agreement. CITY OF REDLANDS REDLANDS UNIFIED SCHOOL DISTRICT Ma�OW_City'Mf Redlands President, Board of Education Attest: Attest: L ► Cit Jerk Clerk of the Board Date: Date: October 3, 2046 August 22, 2006 DIWAgreementsUoint Use RUED 4 CITY OF REDLANDS REDLANDS UNIFIED SCHOOL DISTRICT EXHIBIT "A" City parks and building facilities included in this Agreement: ➢ Sylvan Park ➢ Smiley Park and Redlands Bowl ➢ Community Park ➢ Texoma Park ➢ Ford Park ➢ Brookside Park ➢ Crafton Park ➢ Jenny Davis Park ➢ Prospect Park and Sewall Theatre ➢ Redlands Community Center ➢ Redlands Senior Center ➢ Joslyn Senior Center District school grounds and facilities included in this Agreement: ➢ Orangewood High School ➢ Clement Middle School, Tennis Courts & Community Garden Plots ➢ Redlands High School ➢ Redlands East Valley High School ➢ Cope Middle School ➢ Moore Middle School ➢ Smiley Elementary School & Community Garden Plots ➢ Crafton Elementary School ➢ Kingsbury Elementary School ➢ Kimberly Elementary School ➢ Mariposa Elementary School ➢ Lugonia Elementary School ➢ Franklin Elementary School ➢ McKinley Elementary School ➢ Judson&Brown Elementary School D1M1AgreementsVoint Use RUSD 5