HomeMy WebLinkAbout03150 - PSUSD SCHOOL DISTRICT USE OF FACILITIES R17947 Kathie Hart
From: Vicki L. Oltean
Sent: Wednesday, January 23, 2013 12:16 PM V� ✓
To: Kathie Hart �O`1 ✓
Subject: RE: PS Swim Center Agreement(s) �
WE do not have an existing agreement with PSUSD as it did expire and the person at the District was more interested in
going out for drinks and BSing than working on the agreement so we never got there. So, yes you could close it.
From: Kathie Hart
Sent: Wednesday, January 23, 2013 12:06 PM
To: Vicki L. Oltean
Subject: FW: PS Swim Center Agreement(s)
What type of arrangement do we have w/ PSUSD for the use of the pool?
The Attached is the only document I have and it has expired in 1995. OK to close this agreement?
Thx for your help.
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs 1 '(760)323-8206
3200 E Tahquitz Canyon Way A(760)322-8332
Palm Springs, CA 92262 E?KathieHart@PalmSpringsCA.gav
Please note that City Hall is open 8 u.m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time.
From: Jerryl Soriano Finailto:isoriano(&citvofdhs.oroj
Sent: Wednesday, January 23, 2013 11:01 AM
To: Kathie Hart
Cc: Rudy Acosta
Subject: PS Swim Center Agreement(s)
Hi Kathie,
Can you please share any agreements you have between PSUSD and the City of Palm Springs relative to the
Palm Springs Swim Center?
Thanks in advance,
jerryi Soriano I Deputymycio-A
0:(760)329.6411 Ext.107 F:(760)288.3129
City of Desert Hat Springs
x 6S950 Pierson Boulevard•Desert Hot Springs*California,92240
www.0v0fdhs.2re
1
• Palm Springs Unified School
District-Jt. Use of Facilitie
thru 8-31-95
AGREEMENT #3150
AGREEMENT R17947, 9-16-92
WHEREAS the City of Palm Springs and the Palm Springs Unified
School District 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; and
WHEREAS the City of Palm Springs and the Palm Springs Unified
School District desire to undertake a mutual effort to provide the
maximum feasible public use of their respective facilities in the
accomplishment of this goal; and
WHEREAS it is recognized that through a cooperative agreement
between the City and School District, providing for the joint use
of each agency's facilities, the community will be afforded
increased opportunities for use of public facilities at reduced
costs;
NOW, THEREFORE, the City of Palm Springs and the Palm Springs
Unified School District do hereby mutually agree as follows:
ARTICLE I - INTENT OF AGREEMENT
It is the intent of this Agreement to evidence the City's and
District's recognition of the benefits that can be derived by
joint participation in meeting the recreational, and related
community service 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 identify specific
projects which through joint efforts can result in more
effective community services.
ARTICLE II - DEFINITION OF TERMS
Agency: The Palm Springs Unified School District or the
City of Palm Springs: Parks, Recreation and
Golf Course Department.
City: The City of Palm Springs, Parks, Recreation and
Golf Course Department, municipal corporation.
District: The Palm Springs Unified School District.
Maintenance: Includes repair to facilities and general
clean-tip or custodial care.
Owner Agency: The Agency which owns the facility to which
reference is made in the context of the
provisions of this Agreement.
User Agency: The Agency which is making use of the facility
owned by the other Agency.
Regular School
Session: The regular school, usually from September
through June, including holidays and vacations
between September through June, and year-round
and summer school programs.
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 must
be notified of the planning of new recreational facilities or
improvements to existing recreational/Community Service
facilities in the city.
ARTICLE IV - AVAILABILITY OF FACILITIES TO OTHER AGENCY
A. District.
The District shall make available to the City 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, as may be requested by
the City in accordance with the terms of this Agreement.
B. City.
The City shall make available to the District 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, as may be requested by
the District in accordance with the terms of this
Agreement.
C. Schedules and Timelines.
Each Agency/site shall maintain a master calendar of the
scheduled use of its facilities. Maintenance projects
which would result in a facility not being available for
use shall also be scheduled and included on the master
calendar. The ;schedule 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. J`T3
D. 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:
(a) Requests for City facilities shall be approved by
the School Site Administrator and approved by the
Superintendent or Assistant Superintendent, Business
Services, or designee.
(b) Requests for school facilities shall be approved by
the City's Recreation supervisor.
Once a facility use application has been granted to
the requesting agency, the contract shall not be
canceled by the owner agency without the mutual
consent of both agencies.
For the City of Palm Springs, the master calendar shall
be maintained by the Recreation Supervisor. The
Assistant Superintendent, Business Services, shall
maintain the master calendar for the District.
E. Maintenance and Utilities - Opening and Closing.
The user Agency shall be issued keys to the owner
Agency's facilities in those instances in which owner
Agency staff are not available to open a facility. It
shall be the responsibility of the owner Agency to
provide for the routine maintenance, custodial care,
security of facilities, and assume utility costs without
charge to the user agency.
F. Facility Readiness and Special Preparation.
The owner Agency shall remove and store any portable
equipment, tables and chairs, etc. from a facility prior
to user Agency's scheduled use. Exception: Equipment
need not be removed if place or 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
contract any special preparations requested of the owner
Agency.
The owner Agency shall note in its approval of the
contract if it will provide the special preparation
requested and arty applicable fees.
G. 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. Kitchen facilities may be used if authorized
in the contract.
H. 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' s facility, shall
abide by the rules of conduct of the owner Agency and
shall cooperate with the owner Agency' s representative.
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.
I. Insurance and Indemnity.
Each agency shall maintain its own insurance or be a
member of a joint powers agency created pursuant to
section 6500 et. seq. of the California Government Code
for the purpose of maintaining self-insurance plans for
workers compensation liability, property damage, fire
damage, medical or other risk plans.
Each Agency agrees to defend and hold the other harmless
against any liability arising from an incident taking
place while the premises involved are in the possession
of the other user agency, save and except where a claim
arose or damage was sustained because of a dangerous or
defective condition of the property of owner Agency,
which was not known to or caused by the user Agency. The
user Agency agrees to assume the risks (not otherwise
covered by insurance) of any damage which might occur to
the owner's facility during the course of the use being
made.
.ti/i17�
J. Fees and Charges.
The City and the District reserve the right to charge
spectator and participant fees at their respective
facilities when permitted by law.
K. 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
normal maintenance and custodial care of the rest rooms.
K. Damage to Owner Facility.
The owner Agency may bill the user Agency for misuse of
owner'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.
M. No Violation of Civic Center Act.
District hereby represents and warrants to the City that
the terms of this Agreement do not violate the Civic
Center Act, Education Code section 40040, et.seq.
ARTICLE V - FACILITIES SU13JECT TO THIS AGREEMENT
A. General
The City and the District shall make its respective
facilities listed below available to the other upon the
terms and conditions of this Agreement.
B. Gymnasiums.
1. High School Gymnasiums. The District shall make
available to the city use of the high school
gymnasium on a facility request basis.
2 . The District agrees to provide a telephone in the
Paul Summers Gymnasium which shall be accessible to
the City during the times of City use of the
facility.
3 . The District shall provide indoor storage in the old
gym and the Paul Summers Gymnasium for use by the
City for activities to be conducted in either
gymnasium.
C. 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.
D. Pavilion.
The City shall make available to the District the use of
the Pavilion for District, high school, and middle school
activities during the regular school session on a
facilities request basis.
E. High School Auditorium.
The District shall make available to the City the use of
the high school auditorium for community/cultural events
on a facilities request basis.
F. Public Library.
1. The City-operated public library shall continue to
offer story hours, programs, displays and projects
for students of all ages.
2 . 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.
3 . Each year the public library shall provide funding
for the purchase of books, films, periodicals and
other materials of general interest to students of
all ages.
4 . The public library shall make library service
conference rooms available on a facilities request
basis.
G. Swim Center.
1. The City shall make available to the District use of
the swimming pool as follows:
(a) Regular School Day Instruction - 7: 15 a.m. to
3: 00 p.m. Monday through Friday (two classes
per period) .
(b) Water Polo Season - 1: 00 p.m. to 3 : 00 p.m.
Monday through Friday from September through
November.
(c) Swim Team - 6: 00 a.m. to 7: 15 a.m. and 1:00
p.m. to 3 : 00 p.m. Monday through Friday from
February 1 through the middle of May.
2 . Schedules of Competitive Events. No later than the
opening of school each regular school year, the
District shall notify the City of such additional
dates and/or times at which CIF water sport
competitive events may require the use of the pool
facilities. If the District anticipates
participation in post-season competition, the
District shall notify the City in a timely fashion
of such anticipated dates and times.
3 . Shared Use. The City and School District shall
mutually determine the appropriate pool area(s) for
use by the ]District. The balance of the pool ' s area
will be used for other City aquatic activities as
deemed appropriate by the City.
4. Storage/Dressing Area. Space for storage shall be
provided to the District for activities to be
conducted by the District.
5. Water Polo. The District shall make available to
the City on a year-round use basis, two (2) water
polo goals for aquatic activities when not being
used by the: District.
6. The District shall make available eight (8) starting
blocks on a year-round basis for aquatic activities
when not being used by the District.
H. Tennis Courts - High School.
When not in use, the District shall make available to the
City use of the high school tennis courts on an as needed
basis.
1. Opening, closing and cleaning is to be the
responsibility of the user Agency.
2. User will provide continuous supervision.
I. Classrooms.
The District/City shall make available to each other
individual classrooms for instruction/meeting/community/
cultural activities on a request basis.
1. Opening, closing and cleaning after normal custodian
hours is to be the responsibility of the user
Agency.
2 . User will provide continuous supervision.
J. High School Track/Football Field.
The District shall make available to the City, the Ralph
Watt Stadium for City-sponsored events on a request
basis.
1. Opening, closing and cleaning shall be the
responsibility of the user Agency.
2 . User will provide continuous supervision.
K. Playing Fields and Angel Stadium
The City shall make available to the District the use of
playing fields/Angel Stadium on an as needed basis. The
District must first seek to use its own facilities prior
to requesting the use of the playing fields/Angel
Stadium.
1. Preparation, opening, closing and cleaning up of the
playing fields/Angel Stadium shall be the
responsibility of the user Agency, unless other
arrangements have been made with the City at the
time of reservation.
2 . User will provide continuous supervision.
ARTICLE VI - DISTRIBUTION OF PROGRAM INFORMATION
The District shall facilitate the distribution of 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 - APPEALS
In the event any dispute or difference arises as a result of
this Agreement, the matter shall be submitted to the Parks and
Recreation Director 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 VIII - 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 IX - TERM
The term o,,+ he Agreement shall -be for a period of three (3)
years bigi ning September 1, 199and shall terminate August
31, 199 , ' 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.
/a
This Agreement entered into this day of ;✓��,�,v�, ,
1992 .
CITY LM
BY:
Ci anager
ATTEST: _C ��—
4 City Clerk
PALM S�PRS UNEHOOL DISTRICT
011
r
BY:
APPROVED AS TO FORM:
RUTTAN & TUCKER
r r'
BY
Attorneys for City of Palm Springs
ATKINSOjjN"", ANDELSO/N,�LOYA, RUUD & ROMO
BY:
Attorneys for Palm Springs Unified School
District