HomeMy WebLinkAbout4/21/2004 - STAFF REPORTS (7) DATE: April , 2004
TO: City Council
FROM: Director, Department of Parks and Recreation
EXTENSION OF FACILITY JOINT USE AGREEMENT WITH PALM SPRINGS UNIFIED
SCHOOL DISTRICT
RECOMMENDATION:
That City Council approve a one-year extension of the Facility Joint Use
Agreement between the City of Palm Springs and the Palm Springs Unified School
District as allowed under Article X of the agreement.
SUMMARY:
The City of Palm Springs ("City") maintains an agreement with the Palm Springs
Unified School District("PSUSD")forthe reciprocal use of specified facilities. This
agreement is entitled a Facility Joint Use Agreement. The current agreement
between the two agencies was developed in 1999 and is set to expire on July 1,
2004. A provision in the document, Article X, allows for extension of the
agreement for a one-year period with the mutual consent of both parties. The
Parks and Recreation Commission and City staff are requesting that the
agreement be extended for one year to allow sufficient time for both agencies to
evaluate and possibly renegotiate certain terms and conditions of the agreement.
BACKGROUND:
On June 1, 1999, the City and the PSUSD entered into a cooperative agreement
for the joint use of certain facilities by each agency. This agreement is titled a
Facility Joint Use Agreement. The spirit of the agreement was to provide for the
joint use of each agency's facilities so that the Community would be afforded the
maximum feasible use of public facilities at the lowest possible cost to the extent
possible. A key provision within Chapter 10 of the California Education Code
authorizes cities and public school districts to cooperate with one another for the
purpose of authorizing, promoting, and conducting programs of community
recreation, which will contribute to the attainment of general recreational and
education objectives for children and adults of the state.
Within the agreement, both the City and PSUSD are to make available to each
other selected facilities at regular rental rates on a first-priority basis over other
community services or groups provided that the user agency submits a Facility
Use Application in accordance with the owner agency's guidelines. Requests and
applications for use of facilities are to be submitted each year before June 30,
whenever possible, and are contingent upon available times as shown on the
owner agency's master calendar. Other requests can be granted throughout the
year according to owner agency availability of facilities and user agency need.
K
EXTENSION OF FACILITY JOINT USE AGREEMENT WITH PALM SPRINGS UNIFIED
SCHOOL DISTRICT
DATE: April 7, 2004
PAGE: Two
Owner agencies are to provide for maintenance and assume the cost of utilities
without charge, except for regular rental rates, to the user agency. Any special
preparations required for use of a facility (including labor and materials) are to be
provided by the user agency at its own expense unless other arrangements have
been approved in the Facility Use Application. The user agency is required to
include in its Facility Use Application any special preparation requested of the
owner agency at the time of application. The use of fixed equipment, such as
sound equipment, lighting, kitchen facilities and other furnishings,when using the
other's facilities is permitted only if authorized in the Facility Use Application.
General requirements, such as opening and closing of facilities and cleanup, are
to be provided by the user agency unless previous arrangements have been made
to the contrary with the owner agency. Both agencies agree to maintain their own
insurance and indemnification policies through the term of the agreement and
agree to hold harmless, defend, and indemnify each other against all actions,
claims or demands under the terms and conditions of the agreement except due
to negligent acts on behalf of the other party.
The aforementioned terms and conditions are not expected to be changed by
either party over the course of the review period for the new agreement.
The following is a listing of facilities subject to the current agreement.
• Palm Springs High School Gymnasium
• Sunrise Plaza parking lots
• Palm Springs Pavilion
• Palm Springs High School Auditorium
• Palm Springs Public Library
• Palm Springs Swim Center
• City's tennis center(subject to charges from the Concessionaire Agreement at
the facility)
• PSUSD tennis courts
• Both agencies' classrooms and other educational facilities for instruction/
community/cultural activities
• Palm Springs High School track/football field
• City's playing fields and Palm Springs Stadium
In the 2002/03 school year, the City invoiced PSUSD $39,270 for use of the Palm
Springs Swim Center and approximately $2,700 for use of the Palm Springs
Pavilion.
The City uses the high school auditorium twice each yearfor approximately$6,500
per year in rental fees.
DATE: April , 2004
TO: City Council
FROM: Director, Department of Parks and Recreation
EXTENSION OF FACILITY JOINT USE AGREEMENT WITH PALM SPRINGS UNIFIED
SCHOOL DISTRICT
RECOMMENDATION:
That City Council approve a one-year extension of the Facility Joint Use
Agreement between the City of Palm Springs and the Palm Springs Unified School
District as allowed under Article X of the agreement.
SUMMARY:
The City of Palm Springs ("City") maintains an agreement with the Palm Springs
Unified School District("PSUSD")for the reciprocal use of specified facilities.This
agreement is entitled a Facility Joint Use Agreement. The current agreement
between the two agencies was developed in 1999 and is set to expire on July 1,
2004. A provision in the document, Article X, allows for extension of the
agreement for a one-year period with the mutual consent of both parties. The
Parks and Recreation Commission and City staff are requesting that the
agreement be extended for one year to allow sufficient time for both agencies to
evaluate and possibly renegotiate certain terms and conditions of the agreement.
BACKGROUND:
On June 1, 1999,the City and the PSUSD entered into a cooperative agreement
for the joint use of certain facilities by each agency. This agreement is titled a
Facility Joint Use Agreement. The spirit of the agreement was to provide for the
joint use of each agency's facilities so that the community would be afforded the
maximum feasible use of public facilities at the lowest possible cost to the extent
possible. A key provision within Chapter 10 of the California Education Code
authorizes cities and public school districts to cooperate with one another for the
purpose of authorizing, promoting, and conducting programs of community
recreation, which will contribute to the attainment of general recreational and
education objectives for children and adults of the state.
Within the agreement, both the City and PSUSD are to make available to each
other selected facilities at regular rental rates on a first-priority basis over other
community services or groups provided that the user agency submits a Facility
Use Application in accordance with the owner agency's guidelines. Requests and
applications for use of facilities are to be submitted each year before June 30,
whenever possible, and are contingent upon available times as shown on the
owner agency's master calendar. Other requests can be granted throughout the
year according to owner agency availability of facilities and user agency need.
K
EXTENSION OF FACILITY JOINT USE AGREEMENT WITH PALM SPRINGS UNIFIED
SCHOOL DISTRICT
DATE: April 7, 2004
PAGE: Three
This extension will allow both parties to proceed with existing programs and
activities without disrupting either agency's revenue flow or use of facilities by
members of the community. Staff has developed a subcommittee at the direction
of the Parks and Recreation Commission to work with a school district
subcommittee to review the agreement. Upon completion of this review, staff will
report back to the commission and seek further direction prior to proceeding with
a renewal agreement for consideration by the City Council.
Through the course of the next several months, staff members from both the City
and PSUSD will work toward renegotiating minor modifications to the agreement
with the intent of increasing access to facilities and preserving revenues for both
user and owner agencies.
On March 23, the City Manager issued a letter to the Superintendent of the
PSUSD, indicating staff's desire to extend the agreement for a period of one year
subject to the City Council's approval to do so.
2OTT MIKESELL, Director
epartment of Parks and Recreation
APPRR E4� � ���
City Manager
Attachment:
1. City / School District Facilities Joint Use Agreement dated June 1, 1999
REVIEWED BY DEn OF FINANCE
c��
CITY / SCHOOL DISTRICT
FACILITIES JOINT USE AGREEMENT
THIS FACILITIES JOINT USE AGREEMENT ("Agreement") is entered into as of
June 1, ' 1999 by and between the CITY OF PALM SPRINGS, a municipal
corporation ("City") and the PALM SPRINGS UNIFIED SCHOOL DISTRICT, a political
subdivision of the State of California ("PSUSD").
RECITALS
A. City and PSUSD are mutually interested in and concerned with the provision of
adequate facilities and programs for the education, recreation and related community service
requirements of the people of the City of Palm Springs, as well as disaster preparedness;
B. City and PSUSD desire to undertake a mutual effort to provide the maximum
feasible public use of their respective facilities in the accomplishment of this goal;
C. It is recognized that through a cooperative agreement between City and PSUSD,
providing for the joint use of each agency's facilities, the community will be afforded
increased opportunities for use of public facilities in the accomplishment of this goal at a
lesser cost;
D. Chapter 10 of Part 7 of Division 1 of the Education Code, commencing with
Section 10900, authorizes cities and public school districts to cooperate with one another for
the purpose of authorizing, promoting, and conducting programs of community recreation
which will contribute to the attainment of general recreational and education objectives for
children and adults of this State;
E. City and PSUSD desire to enter into an agreement pursuant to the aforesaid
provisions of the Education Code, providing for the joint use of specified facilities for the
benefit of the public;
F. City participates in a program with Disaster Medical Assistance Corporation
("DMAC") whereby DMAC provides prefabricated, weather-tight storage units containing
medical apparatuses and supplies, known as Disaster Medical Assistance Packages ("DMAP
Unit(s)") to City for use in a wide range of medical emergencies. DMAC arranges for private
sponsorship of the DMAP Units in exchange for allowing sponsors to display their names and
logos on the DMAP Units;
G. PSUSD currently maintains storage containers which contain supplies for various
emergencies and desires to enhance its emergency preparedness program with additional
medical apparatuses and supplies; and
H. PSUSD desires to participate in the medical assistance program and have City
provide, install and maintain DMAP Units at various sites to be designated by PSUSD in
consultation with City in schools within the PSUSD ("Sites(s)").
627/014084-0001/3222642.2 a03/17/99 1 PA
COVENANTS
NOW THEREFORE, the parties hereto agree as follows:
ARTICLE I - INTENT OF AGREEMENT
It is the intent of this Agreement to evidence City's and PSUSD's recognition of the
benefits that can be derived by joint participation in meeting the recreational and
related community service needs, as well as the disaster preparedness needs, of the
citizens of Palm Springs.
Further, it is the purpose of this Agreement to provide, to the extent possible, the
means by which each agency can make available to the other its facilities in the
interest of providing maximum public educational, recreational and related community
services programming opportunities to the people of the community of Palm Springs.
Also, it is intended in this Agreement to develop a cooperative disaster preparedness
program between the parties.
ARTICLE II - DEFINITION OF TERMS
Agency: The Palm Springs Unified School District or the City of Palm
Springs.
City: The City of Palm Springs, a municipal corporation.
District: The Palm Springs Unified School District.
Maintenance: Includes reasonable repair to facilities of damages caused by the
User Agency, and general cleanup as necessary to leave the
facility in a reasonably clean and safe condition.
Owner Agency: The Agency which owns the facility to which reference is made
in the context of the provisions of this Agreement.
Regular Rental
Rate: The rental rates established by the respective Agencies to be
charged for use of their facilities, as now exist or as may be
modified in the future and as initially shown in Exhibits "A" (City
Comprehensive Fee Schedule) & "B" (PSUSD rates) to the
Agreement.
User Agency: The Agency which is making use of the facility owned by the
other Agency.
Regular School
Session: The regular school year, usually from September through June,
including holidays and vacations between September through
June, and year-round and summer school programs.
627/014084-0001/3222642.2 e03/17199 2
ARTICLE III - FACILITY PLANNING AND PROGRAMMING
It is recognized that facilities and community service programs planned by either
Agency may have potential benefit for the other in meeting its obligations to the
community. Consistent with the intent of this Agreement, each Agency shall notify
the other within 30 days of the planning of new recreational facilities or improvements
to existing recreational/Community Service facilities in the City (including a description
of the new facility).
ARTICLE IV - AVAILABILITY OF RECREATION AND EDUCATIONAL FACILITIES TO OTHER
AGENCY
1 . PSUSD: PSUSD shall make available to City, at PSUSD's Regular Rental Rates,
for use for recreational and related community service purposes, on a first
priority basis over other community services or groups, those school buildings,
grounds and facilities specifically listed in Article V of this Agreement which
have not been previously reserved by PSUSD for school activities, as may be
requested by City in accordance with the terms of Paragraph 4 below, subject
to the provisions of the Civic Center Act, Education Code Section 38130 et
sec .
2. City: City shall make available to PSUSD, at City's Regular Rental Rates, for
use for educational and related community service purposes, on a first priority
basis over other community services or groups, those buildings, grounds and
facilities specifically listed in Article V of this Agreement which have not been
previously reserved by City for City activities, as may be requested by the
PSUSD in accordance with the terms of Paragraph 4 below.
3. Schedules and Time Lines. Each Agency shall maintain a Master Calendar
("Master Calendar") of the scheduled use of its facilities listed in Article V
below. Maintenance projects which would result in a facility not being available
for use shall also be scheduled and included on the Master Calendar. The
Master Calendar shall be such that times and dates for facility use can be
arranged annually in advance of the use whenever possible by June 30 of each
year. Subsequently, additional uses may be requested by each Agency and
approved as facilities are available.
4. Facility Use Application: Each Agency shall look first to the availability of
suitable facilities of its own prior to seeking the availability of the other's
facilities. To obtain the use of the other Agency's facility, the User Agency
shall submit a facility use application to the Owner Agency. Upon receipt of a
facility use application, the Owner Agency shall determine whether the
requested facility has previously been scheduled for use. If the facility has not
previously been scheduled for use, the Owner Agency shall approve the facility
use application and the facility shall be reserved for use by the User Agency.
The Owner Agency shall process and review the facility use application in a
timely manner.
Facility use application must be submitted by the following designated
representatives of each agency:
627/014084-0001/3222642.2 a03/17/99 3 lkop��0
(a) Requests for City facilities shall be approved by the Superintendent or
Assistant Superintendent, Business Services, or designee.
(b) Requests for school facilities shall be approved by the Recreation
Manager.
Once a facility use application has been approved by the Owner Agency, the
parties shall execute a Facility Contract ("Facility Contract") for the use of the
Facility as required herein. The Facility Contract shall not be canceled by the
Owner Agency without the mutual consent of both Agencies.
For City, the Master Calendar shall be maintained by the Recreation Manager.
The Assistant Superintendent, Business Services, or designee, shall
maintain tFe Master Calendar for PSUSD.
5. Opening and Closing: The User Agency shall be issued keys to the Owner
Agency's facility in those instances in which Owner Agency staff are not
available to open or close a facility, in which case User Agency shall be
responsible for security of the facility during its use of the Owner Agency's
facility. The Owner Agency shall be responsible for the security of its facilities
at all other times.
6. Maintenance and Utilities: Except as otherwise specifically provided in this
Agreement, it shall be the responsibility of the Owner Agency to provide for
Maintenance and assume utility costs without charge, exceptfor Regular Rental
Rates, to the User Agency.
7. Facility Readiness and Special Preparation: The Owner Agency shall remove
and store any portable equipment, such as tables and chairs, etc. from a facility
prior to User Agency's scheduled use. Exception: Equipment need not be
removed if the Facility can be conveniently used without storing equipment.
Setting up of tables and chairs and equipment shall be undertaken by User
Agency unless other arrangements have been approved in the Facility Contract.
The User Agency shall undertake special preparations (including labor and
materials) at its own expense unless other arrangements have been approved
in the Facility Contract. The User Agency shall include in its Facility use
application any special preparations requested of the Owner Agency.
The Owner Agency shall note in its approval of the Facility Use Application if
it will provide the special preparation requested and any applicable fees beyond
the Regular Rental Rates, and that information shall be included in the Facility
Contract.
8. Use of Fixed Equipment, Plus Sound and Lighting: Each Agency, when using
the other's facilities, may use all furniture and equipment as may be necessary
and available, providing the proper supervision of an experienced
person is available to operate the equipment. Kitchen facilities
may be used only if authorized in the Facility Contract.
e27101408 -000113222e42.2 ,aannss 4
9. Program Supervision and Materials: Each Agency will provide adequate adult
personnel/security officers to supervise its activities when using the other's
facilities, including classroom visits to municipal facilities. Supervisors, when
conducting activities at the other Agency's facility, shall abide by the rules of
conduct of the Owner Agency and shall cooperate with the Owner Agency's
representative(s).
The User Agency shall provide at its own expense all program materials to
conduct activities at the Owner Agency's facilities, unless provided otherwise
herein or in the Facilities Contract.
10. Insurance and Indemnity: (Facilities other than DMAP's) Each Agency shall
maintain its own insurance or be a member of a joint powers agency created
pursuant to Section 6600 et, seq. of the California Government Code for the
propose of maintaining self-insurance plans for workers compensation liability,
property damage, fire damage, medical or other risk plans.
City agrees to hold harmless, defend, and indemnify PSUSD against all actions,
claims or demands for injury, death, loss, or damages, regardless of fault or
cause, by anyone whomsoever (except where such injury, death, loss or
damage was solely due to the negligent acts or omissions of PSUSD, its agents,
servants, or employees), whenever such injury, death, loss or damage is a
consequence of, or arises out of the use or maintenance of the PSUSD Sites by
City or any other persons or parties authorized to so use or maintain the PSUSD
Sites by City pursuant to this Agreement.
PSUSD agrees to hold harmless, defend, and indemnify City against all actions,
claims or demands for injury, death, loss, or damages, regardless of fault or
cause, by anyone whomsoever (except where such injury, death, loss or
damage was solely due to the negligent acts or omissions of City, its agents,
servants, or employees), whenever such injury, death, loss or damage is a
consequence of, or arises out of the use or maintenance of the City Sites by
PSUSD or any other persons or parties authorized to so use or maintain the City
Sites by PSUSD pursuant to this Agreement.
11. Fees and Charges: The User Agency reserves the right to charge spectator and
participant fees when using the Owner Agency's facility when permitted by
law. The Agencies shall charge each other, based on their Regular Rental
Rates, for the use of facilities.
12. Rest Rooms: Each Agency shall provide the use of nearby rest rooms to the
User Agency. Rest rooms shall remain open during those hours in which the
facility is in use except for Maintenance of the rest rooms.
13. Damage to Owner Agency's Facility: The Owner Agency may bill the User
Agency for misuse of Owner Agency's facility and equipment when such
misuse exceeds $100 in damages. User Agency must be notified within two
working days regarding damages. Claims must be supported in writing with
detailed description of damage.
6271014064-000113222642.2 e03117l99 5 kv?�
14. Civic Center Act, City acknowledges that PSUSD must comply with the Civic
Center Act, at Education Code Section 38130 et sue. in its performance under
the terms of this Agreement. Accordingly, the City acknowledges that, at
times, PSUSD will deny a Facility Use Application when required to comply with
the Civic Center Act, and that other individuals and entities may be entitled to
use the PSUSD Sites pursuant to the Civic Center Act.
ARTICLE V - FACILITIES SUBJECT TO THIS AGREEMENT
1. General: City and PSUSD shall make their respective facilities listed in this
Article V available to the other upon the terms and conditions of this
Agreement.
2. High School Gymnasiums: PSUSD shall make available to City use of the high
school gymnasium on a facility request basis.
3. Parking Lots: Sunrise Plaza. There shall be no high school parking during school
hours at the public municipal parking lots at Sunrise Plaza. The high school
security staff and City police shall enforce this regulation.
4. Pavilion: City shall make available to PSUSD (except for Fridays, Saturdays
and Sundays) the use of the Pavilion for high school and middle school
activities during the Regular School Session on a facilities request basis.
5. High School Auditorium: PSUSD shall make available to City the use of the
high school auditorium for community/cultural events on a facilities request
basis.
6. Public Library:
(a) The City-operated public library shall continue to offer story hours,
programs, displays and projects for students of all ages.
(b) The public library shall provide instruction to school-age students
regarding the efficient use of its services. This instruction may take
place both on-site and at the various schools within the City. The
scheduling of this instruction is to be based on availability of library staff
and facility, and shall be coordinated in advance by school and library
personnel.
7. Swim Center: City shall make available to PSUSD use of the swimming pool
as follows:
(a) Regular School Session Instruction - 7:15 a.m. to 3:00 p.m. Monday
through Friday (two classes per period).
(b) Water Polo Seasons - 1 :00 p.m. to 7:00 p.m. Monday through Friday
from September through February.
627/014084-0001/3222642.2 a03/17/99 6
(c) Swim Team - 6:00 a.m. to 7:15 a.m. and 1 :00 p.m. to 7:00 p.m.
Monday through Friday from February 1 through the middle of May.
(d) Other times as mutually agreed in the manner provided in Article IV,
(e) Schedules of Competitive Events. No later than the opening of school
each Regular School Session, PSUSD shall notify City of such additional
dates and/or times at which CIF water sport competitive events may -
require the use of the pool facilities. If PSUSD anticipates participation
in post-season competition, PSUSD shall notify City in a timely fashion
of such anticipated dates and times. Upon notification as required
herein, City shall reserve the pool for PSUSD use at all such times
reserved.
(f) Shared Use. City and PSUSD shall mutually determine the appropriate
pool area(s) for use-by PSUSD. The balance of the pool's area will be
used for other City aquatic activities as deemed appropriate by City.
(g) Storage/Dressing Area. Space for storage shall be provided to PSUSD
for activities to be conducted by PSUSD.
(h) Water Palo. PSUSD shall make available to City on a year-round use
basis, two (2) water polo goals for aquatic activities when not being
used by the PSUSD.
(i) PSUSD shall make available eight (8) starting blocks on a year-round
basis for aquatic activities when not being used by PSUSD.
8. City Tennis Center City shall make available to PSUSD use of the Tennis
Center subject to availability and charges from the Concessionaire Agreement
at the facility.
9. PSUSD Tennis Courts: (Once constructed.) When not in use by PSUSD for
school activities, shall make available to City use of the high school tennis
courts on a facility request basis.
(a), Opening, closing and Maintenance is to be the responsibility of the User
Agency.
(b) User Agency shall provide continuous supervision.
10. Classrooms. PSUSD/City shall make available to each other individual
classrooms and other educational facilities for
instruction/meeting/community/cultural activities on a request basis.
(a) Opening, closing and Maintenance after normal custodian hours is to be
the responsibility of the User Agency.
(b) User Agency shall provide continuous supervision, and all necessary
audio visual support.
627/014084-0001/3222642.2 e03117/99 7 14
1 1 . High School Track/Football Field: PSUSD shall make available to City, the Ralph
Watt Stadium for City-sponsored events on a request basis.
(a) Opening, closing and Maintenance shall be the responsibility of the User
Agency.
(b) User Agency will provide continuous supervision.
12. Playing Fields and Palm Springs Stadium: City shall make available to PSUSD
the use of playing fields/Palm Springs Stadium on a facility request basis.
PSUSD must first seek to use its own facilities prior to requesting the use of
the playing fields/Palm Springs Stadium.
(a) Preparation, opening, closing and Maintenance of the playing fields/Palm
Springs Stadium shall be the responsibility of the User Agency, unless
other arrangements have been made with the City at the time of
reservation.
(b) User Agency will provide continuous supervision.
ARTICLE VI - DISTRIBUTION OF PROGRAM INFORMATION
PSUSD shall facilitate the distribution of City Recreational flyers to its students as well
as encourage inclusion of material in the school's student newspaper which relate to
municipal community service issues and activities of interest to youth. Distribution of
program information shall not interrupt the normal instructional program of the schools.
ARTICLE VII - COOPERATIVE DISASTER MEDICAL PREPAREDNESS
1 . Access. Zoning and Construction: Without any cost or expense to City, PSUSD
agrees to arrange for, and provide access at all times, and grants to City or its
contractor, Disaster Medical Assistance Corporation (DMAC), the right to place
one (1) Disaster Medical Assistance Package (DMAP) Unit at each Site listed
on Exhibit "C" attached to this Agreement. In conjunction with this
undertaking PSUSD warrants there shall be no fees imposed on City or DMAC
in connection with the delivery of a DMAP Unit to any Site; provided that the
DMAP Unit essentially complies with the plans and specifications set out in
Exhibit "D" to this Agreement, which Schedule PSUSD has previously
approved. PSUSD makes no representation regarding the applicability of
county, state or federal laws.
2. Site Allocation: Within one hundred twenty (120) days of the date this
Agreement is fully executed, PSUSD shall designate in writing to City, all
proposed DMAP Sites which shall be subject to the reasonable approval of City
and must be reasonably visible to the public. The agreed upon Sites shall be
attached to Exhibit "C". City reserves the right to prioritize the placement of
DMAP Units at the proposed Site(s).
3. Conditions Precedent to Obligations of City: During the term of this
Agreement, the obligations of City to consummate the transactions
627/014084-0001/3222642.2 a03/17/99 8 0 k II
contemplated herein with regard to the DMAP Units are subject to the following
conditions:
(a) The accuracy of all warranties and representations of PSUSD.
(b) City or DMAC obtaining appropriate sponsorship for any given DMAP
Unit on terms satisfactory to City in its absolute discretion.
(c) PSUSD supplying proof of insurance or other satisfactory evidence that
the DMAP Unit is insured in amounts and by insurance companies
reasonably satisfactory to City for liability and contents. City shall be
named as a co-insured party on such policies.
4. Deliverv: Subject to the terms and conditions herein, City, or its contractor,
DMAC, shall, at its own expense (including prepayment of all transportation
charges, freight and insurance costs on shipments), commence delivery of the
DMAP Units to the Sites F.O.B. for each Site in a delivery pattern acceptable
to City's engineers within one hundred forty (140) days after approval of the
Sites by both parties. Provided that access is unimpeded physically, by
regulation or otherwise, delivery of the DMAP Units shall commence promptly
or as soon as PSUSD has removed any such impediment. City shall, at all
times, retain title to all DMAP Units delivered and placed at the Site(s).
5. Equipping/Re-Supply/Maintenance and Security: Within thirty (30) days of
completion of delivery of each DMAP Unit to a Site, City, through its contract
with DMAC, will stock the DMAP Unit with the items, supplies and/or
equipment described in Exhibit "E" attached hereto. While the contents of a
DMAP Unit may vary slightly, Exhibit "E" substantially represents the supplies
and equipment contained in each DMAP Unit. Subject to continuing
satisfactory sponsorship, City, through its contractor, DMAC, at its sole cost
and expense (unless specifically provided otherwise in this Agreement), shall:
(a) Perform routine maintenance of the DMAP Units including, but not
limited to, removal of graffiti and repair of vandalism (except that which
destroys structural integrity of a DMAP Unit) within thirty (30) days
written notice from the PSUSD.
(b) Keep each DMAP Unit stocked with updated supplies and equipment as
described in Exhibit "E" herein, in accordance with manufacturer's
suggested shelf life for the supplies and equipment. Should there be a
theft of any items in a DMAP Unit, City, through its contractor, DMAC,
will replace lost items, subject to collection of insurance proceeds or
receiving funds from PSUSD for items lost to theft or vandalism.
PSUSD shall notify City within seventy-two (72) hours of knowledge of
any theft, damage or vandalism to a DMAP Unit.
(c) City, through its contractor, DMAC, shall restock and replenish all
materials and supplies contained within a DMAP Unit which are utilized
during a local disaster, within sixty (60) days of written notice from the
6271014084-0001/3222642.2 a03117/99 9 V�
PSUSD.
(d) Each DMAP Unit delivered to PSUSD shall contain an electronic alarm
system which will be programmed to sound in the event the DMAP Unit
has been tampered with or an unauthorized entry has occurred. PSUSD
shall pay for all fees associated with operation of the electronic alarm
system on each DMAP Unit. PSUSD shall provide such additional
security as is usual and normal for any Site based on its location and
traditional security methods of City. City acknowledges that security
systems may differ depending on location, environment and other
factors, and
(e) City shall not be responsible for replacement of the DMAP Unit, its
contents or any part thereof (all of which shall be the property of City)
in the event of a capital or principal loss due to any event whatsoever,
including without limitation, all acts of aggression and nature. City shall
not be required to carry insurance of any kind with respect to the DMAP
Unit and or the contents thereof (which shall be the property of City),
and PSUSD agrees that is shall have no right to receive any proceeds
from any insurance carried by City. However, City shall use diligent
efforts to obtain a new sponsor for any DMAP Unit which is destroyed.
6. Inspections: City shall perform bi-annual inspections of the DMAP Units.
7. Medical and Support Personnel: PSUSD is responsible for providing adequate
personnel to staff each DMAP Unit in the event of an emergency. PSUSD will
provide on-site orientation and training with respect to the DMAP Unit and its
contents as is reasonably required for such staff after delivery of the DMAP
Unit to a Site. City will provide four (4) instruction manuals per DMAP Unit.
City is available for consultation for the orientation and training of PSUSD staff.
8. Sponsorship: During the term of this Agreement and any renewals or
extensions thereof, City shall have the sole and exclusive right to arrange for
sponsorship for all DMAP Units. The parties acknowledge that all DMAP Units
may have messages containing the logo, colors or apparent designs of any
sponsor, subject to PSUSD's approval rights set forth in Paragraph 9 below.
Any and all revenues derived from sponsorship contracts relating to the DMAP
Units or the promotion thereof in any manner shall belong to DMAC.
9. Recognition and Sponsors: PSUSD agrees to allow for recognition of sponsors
on the DMAP Units in a reasonable public manner. PSUSD, during the term of
this Agreement including any extensions, grants to City, DMAC and its
sponsors the exclusive, royalty-free license to use the name of the PSUSD in
connection with the marketing of the DMAP Units. PSUSD's approval, through
the Palm Springs School Board or its designee, of (i) the use of its name and (ii)
the design and content of the sponsorship logo on the DMAP Units shall be
required; however, such approval shall not be unreasonably withheld or
delayed. In any event, City, DMAC and/or sponsors shall always be permitted
to publicly indicate the Site location of the DMAP Units and promote their
627/014084-0001/3222642.2 e03/17/99 10 pl�t k
intended purposes.
10. Improvements: PSUSD acknowledges that some improvements to the supply
of electricity, installation of amenities or the like to the DMAP Units
("Improvements") may be desirable. The City is willing to work cooperatively
with PSUSD to obtain community grant funding for such improvements, subject
to the availability of such funding and the approval by the Palm Springs City
Council or its agents. Under no circumstances, however, are any
improvements to be funded by general fund monies of City, nor is PSUSD
obligated to make any such improvements.
11 . Controlled Substances: City is not licensed by the Drug Enforcement Agency
("DEA") or the Federal Drug Administration ("FDA") for handling and delivering
of prescription drugs. Under no circumstances shall any prescription drugs be
delivered to or placed in the DMAP Units.
ARTICLE Vlll - APPEALS (FACILITIES EXCLUDING DMAP'S)
In the event any dispute or difference arises as a result of this Agreement, the matter
shall be submitted to the Director, Department of Transportation for the City, and the
Assistant Superintendent, Business Services, for the District, for resolution. If the
matter is not resolved, it shall then be submitted to the City Manager and the
Superintendent of the District. If the matter is not settled, it shall then be submitted
to the City Council and the Board of Education.
ARTICLE IX - PUBLIC HEALTH, SAFETY, WELFARE AND ENERGY CONSERVATION
PRACTICES
Notwithstanding the provisions of other articles of this Agreement, the Owner Agency,
through the owner's representative, either City Manager or Superintendent of the
District, may curtail or modify the User Agency's use of a facility if such is necessary
as an emergency measure for preservation of the public's health,. safety, welfare, to
meet an energy crisis or any other not aforementioned emergency situation.
ARTICLE X - TERM
The term of the Agreement shall be for a period of five (5) years beginning June 1,
199.9 and shall terminate July 1, 2004. Either party, subject to the other
party's written consent, may elect to renew the Agreement on an annual basis by
providing written notice 120 days prior to the-expiration. This Agreement shall be
reviewed- by both Agencies the first week in July of each year for evaluation and
update. Upon 90 days Written notice by either agency, this Agreement shall be
terminated.
ARTICLE XI - OTHER TERMS
1 . Notices: All notices shall be in writing and delivered either personally or by
certified mail, return receipt requested, or receipted courier, addressed at the
following addresses:
827/014084-B001/3222842.2 a03/77/99
City: City of Palm Springs
P.O. Box 2743
Palm Springs, California 92263
Attn: City Manager
PSUSD: Palm Springs Unified School District
333 So. Farrell Dr.
Palm Springs, CA 92262
Attn: Superintendent
Either party may change its address by notifying the other party of the change
of address in writing. Notices personally delivered shall, be effective upon
delivery. Notices delivered by mail, as provided above, shall be effective
seventy-two (72) hours after deposit in the mail. If the effective date falls on
a holiday or weekend, the effective date shall be the next business day
following such holiday or weekend.
2. Entire Agreement: This Agreement and the Exhibits attached hereto set forth
the entire agreement between the parties and cancel all prior negotiations,
arrangements, brochures, agreements and understandings, if any, between the
parties hereto, whether or not written, regarding the subject matter of this
Agreement. No amendment or modification of this Agreement shall be
enforceable or valid unless expressed in writing and executed by both parties
hereto. No waiver of any part of this Agreement by any party shall constitute
a waiver of any other part of this Agreement.
3. Assignment: The rights and obligations hereunder of the parties may not be
assigned without the prior written consent of the other party. This Agreement
shall be binding upon and inure to the benefit of successors, permitted assigns
and legal representatives of the parties. Except in accordance with the
foregoing, nothing in this Agreement shall confer any right or remedy on anyone
other than the parties hereto. Neither DMAC nor any other individual or entity
is a third party beneficiary of this Agreement.
4. Governing Law: This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
5. Interpretation: The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against
either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
6. Compliance With Law: All services rendered under this Agreement shall be
provided in accordance with all ordinances, resolutions, statues, rules, and
regulations of the City of Palm Springs, the Palm Springs Unified School District
and any Federal, State or local governmental agency having jurisdiction in effect
at the time service is rendered.
7. Non-Liability of City or PSUSD Officers and Employees: No officer or employee
6271014084-000113222642.2 .03/17199 12 W I
1
of City shall be personally liable to PSUSD, or any successor in interest, in the
event of any default or breach by City or for any amount which may become
due to PSUSD or to its successor, or for breach of any obligation of the terms
of this Agreement. Likewise, no officer or employee of PSUSD shall be
personally liable to City, or any successor in interest, in the event of any default
or breach of PSUSD or for any amount which may become due to City or to its
successor, or for breach of any obligation of the terms of this Agreement.
8. Conflict of Interest: No officer or employee of PSUSD or City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer
or employee participate in any decision relating to the Agreement which effects
his or her financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation.
9. Covenant Against Discrimination: PSUSD and City covenant, by and for
themselves, their heirs, executors, assigns, and all persons claiming under or
through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex,
marital status, national origin, or ancestry in the performance of this
Agreement. PSUSD and City shall take affirmative action to insure that
applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, national
origin, or ancestry. PSUSD and City further covenant and agree to comply with
the terms of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101
et seq.) as the same may be amended from time to time.
62710140840001/3222642.2 a03/17/99 13 � ��
This Agreement entered into this day of 199 .
"City"
ATTEST: CITY OF PALM SPRINGS, a California municipal
corporation
By:
City Clerk Its: City Manager
APPROVED AS TO FORM:
City Attorney
"PSUSD"
PALM SPRINGS UNIFIED SCHOOL DISTRICT, a
political subdivislan of the State of California
By:
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
ttorney fo m Springs Unified School District
62710140e4.000119222642.2 eoamiss 14 ��
EXHIBIT 'A'
REGULAR RENTAL RATES
CITY OF PALM SPRINGS, FROM COMPREHENSIVE FEE SCHEDULE
Leisure Center Dance Studio/Classrooms $27.50 per day/$15 per hour
Pavilion $385 per day/$1 15.50 per half day
Swim Center $34 per hour
DeMuth Park $25 per field (2 hours) plus
$40 per field preparation per day
Palm Springs Stadium $330 per day plus
$50 for lights
Pavilion Field $25 per field (2 hours)
$40 per field preparation per day
Note: Other facilities and their rates are listed in the Comprehensive Fee Schedule
627/014084-0001/3222642.2 .03/17/99 15 1�
EXHIBIT "B"
PALM SPRINGS UNIFIED SCHOOL DISTRICT
SCHEDULE OF FEES
USE OF FACILITIES
FACILITIES
Aonroved by BOE 9/25/90
Group II Group III
Direct Cost Fair Rent Value
Facility Fee 4 Hr.Min. Add. Hr. 4 Hr.Min. Add.Hr.
Classroom $ 40 $ 5 $ 50 $ 10
Special Classroom $ 50 $ 5 $ 75 $ 25
Elem.MPR(300 capacity) $ 50 $ 10 $ 55 $ 10
Elem.MPR(w/Kitchen) $ 60 $ 10 $ 65 $ 10
Middle School MPR $, 70 $ 10 $ 75 $ 10
Middle School MPR(w/Kitchen) $ 95 $ 15 $ 100 $ 10
High School Cafeteria $ 75 $ 10 $ 150 $ 25
High School Cafeteria(w/Kitchen) $ 100 $ 25 $200 $ 25
High School Stadium(4,000) $200 $40 $250 $ 50
Concession Stands $10/11r. $10/hr.
Locker Rooms $50/hr. $5011117.
Lights $50/hr. $50/hr.
High School Girls' Gym $ 50 $ 10 $ 75 $25
Locker Rooms $ 120 $20 $ 125 $25
Paul Summers Gym(2,797) $ 160 $30 $250 $50
Locker Rooms $225 $ 30 $300 $ 50
High School Baseball Field $ 100 $25 $250 $50
High School Auditorium(1,100) $400 $ 50 $750 $100
0* Sound Technician $50/hr. $50/hr.
1 Piano $ 25 $ 25
High School Rooms 501/502 (150) $ 75 $ 10 $ 150 $ 25
Little Auditorium
CCHS Theatre(295) $ 100 $25 $ 250 $ 50
Note: ()signifies capacity of facility
EXHIBIT 'C'
SITE LOCATIONS
The following are the Sites within the City of Palm Springs selected for DMAP Unit locations:
1 . Vista Del Monte Elementary School
2. Katherine Finchy Elementary School
3. Palm Springs High School
4. Cahuilla Elementary School
627/014084-0001/3222642.2 u03/17/99 17
EXHIBIT 'D'
SPECIFICATIONS OF THE DMAP UNITS
1. DMAP General Specifications - See pages D 1-6 attached hereto
2. DMAP Storage Specifications - See pages D 7-9 attached hereto
3. DMAP Security System Specifications - See pages D 10-1 6 attached hereto
627/014064-0001/3222642.2 a03117/99
18 7/
MINUTE ORDER NO.
APPROVING A ONE (1) YEAR
EXTENSION OF THE FACILITY JOINT
USE AGREEMENT BETWEEN THE
CITY OF PALM SPRINGS AND THE
PALM SPRINGS UNIFIED SCHOOL
DISTRICT AS ALLOWED UNDER
ARTICLE X OF THE AGREEMENT.
------------------
I HEREBY CERTIFY that this Minute Order, approving a one (1) year extension
of the Facility Joint Use Agreement between the City of Palm Springs and the
Palm Springs Unified School District as allowed under Article X of the agreement,
was adopted by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 7th day of April, 2004.
PATRICIA A. SANDERS
City Clerk