HomeMy WebLinkAboutAgenda Report - June 6, 1990 (73)C 0 u d C I L
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
C0MMUNICAT_0N
COUNCIL MEETING DATE
June 5, 1990
SUBJECT: Joint Use Agreement between the City of Lodi and the Lodi Unified
School District
PREPARED BY: Ron Williamson, Parks and Recreation Director
RECOMMENDED ACTION: That the City Council approve the attached Joint Use
Agreement between the City of Lodi and the Lodi Unified School District. This
Agreement would cover a ten (10) year period of time.
Background Information: Over the past three and a half years we have been
meeting with the school district to iron out a reflective agreement of what each
sees as areas to be addressed and understandings of same.
The core of this agreement is to consolidate a number of agreements and try to
bring it together into a general master agreement. This document will supersede:
1. Reciprocal use of recreation facilities executed April 19, 1969.
2. Reciprocal use of the Grape Bowl - renegotiated every three years.
3. Mowing services at District athletic fields, effective October 15, 1984.
4. Reciprocal use of Tokay High School pool, dated December 21, 1977.
S. And all other written agreements not otherwise noted herein between the City
and District for reciprocal use of facilities are declared void.
Major Items Covered Under This Joint Use Agreement
1. Mowing - The City of Lodi would cor:inue to mow all school sites and open
athletic field areas within the City limits of Lodi (including Woodbridge
School). We have established the approximate number of times we'll mow, will
provide equipment and manpower to do :so, and will charge the school for
this service on a per mow basis --accounting for same once a year. We
currently mow all schools within the City limits but only charge for
Woodbridge, Heritage, Lodi and Tokay High Sr`;ools. (See Exhibit A for our
cost estimates for service.) Refer to pages 2-3 of Draft 7 for additional
information.
2. Reciprocal Use of Facilities
A. Tokay/Lodi High Pools - We've addressed language for use and charges to
City on a per hour basis for same. (Exhibit B is the school's estimates
of cost to use per year.) Refer to pages 3-4 of Draft 7 for details.
1 of 2
B. Lodi Grape Bowl - Language again that will addre,j school uses,
scheduling requirements, use by Grape Festival, charges for use, staff
of facility by both parties for use, accounting of uses by district,
i.e., head count because of flat fee or head count fee, utility charges
for use, food concession agreement, etc. (See Exhibit C for details of
charges by City to District for uses.) Refer to pages 4, 5, and 6 of
Draft 7 for additional details.
C. Other Facilities
This generally covers scheduling of all other facilities, both City and
Schools, and charges for same. Refer to pages 6-7 of Draft 7.
3. Access to Facilities
A. Reservation/bumping - Long an issue, especially with the School
District. We've tried to clean up reservation procedures and address our
concern of being bumped out of school facilities for very minor
activities where school district's staff does not organize themselves and
all of a sudden, schedules another use of facility on top of our
program. Hopefully, the language and understanding of "emergency use" is
understood and this problem will no longer exist. (The statement
"requires closing or nonuse of such a facility" should provide us
with some limited fears of cancellation.) Refer to page 7 of Draft 7.
B. FesjCharges for Other Facilities
General language to address reciprocal use of other facilities reflecting
actual operating costs to open/close, etc. Refer to page 7-8 of Draft 7.
4. Hold Harmless
Addressing use liabilities, insurance language for both parties, damage
statements of facilities and repair obligation cf same, litigation language
and the like. Refer to page 8 of Draft 7.
5. Yearly/Annual Settlement of Accounts
It is our plan to account for all uses and ch rges once a year on March 1.
Each shall present their statements; the part owing money will make the
appropriate payment to the other by April 1. ?lso, each shall present their
anticipated uses or services to the other to assist both with budget
preparation for the following year. Yes, this will be a paper nightmare but
it's the general feeling by us (City) that w( have been on the short end of
the stick all these years and this will asLisc in better recognizing uses
end financially we could or should realize about $25,000 per year in school
fees to us.
We appreciate your attention to this dDcum t and equest support in its signing
and implementation.11L 11
E
1f
Ron W i i;. iamson
Parks and Recreation Director
cc: Marilyn Field
Scott Essin
Attachment
2 of 2
CITY CJUNCIL
)OHN R (Randy) SNIDER. Mavor
DAVID M HINCHMAN
Mavor Pro I empore
EVELYN M OLSON
JAMES W PINKERTON, Jr
FREDM REID
April 5, 1990
CITY OFLODI
CITY HALL. 221 WEST PINE STREET
CALL EIOX 3006
LODI, CALIFORNIA 95241-1910
(209) 334-5634
TELECOPIER IN9).131-b795
THOMAS A PETERSON
City Manager
ALICE M REIMCHE
City Clerk
HIOB MCNATT
City Attorney
MIs, Joan L - Pipes
Business Manager
Lodi Unified School District
815 West Lockeford Street
Lodi, CA 35240
Subject: DRAFT W. 7, JOINT USE AGREEMENT
Dear Joan:
Enclosed is what I hope is a final draft of the proposed Joint Use
Agreement between the City and the School District. It includes the
modifications discussed at our meeting of April 5, 1990.
Since ve have done away with the need for an "Exhibit D", it now appears
that vie will be able to take this matter to the City Parks and Recreation
Commission at its My 1, 1990 meeting, and on to the City Council on My
16, 1990.
Please let ne know if this accurately reflects your understanding of the
changes proposed.
Sincerely yours,
BOB W. F�s:NATT
City Attorney
BM:vc
attachment
cc: Ron Williamson, Director, Parks and Recreation
AGRLUSD1/TXTA.01V
AGREEMENT
AGREEMENT FOR RECIPROCAL USE AND MAINTENANCE OF PUBLIC FACILITIES
LODI UNIFIED SCHOOL DISTRICT
N
THIS AGREEMENT, is entered into this day of
y
1990, by and between the CITY OF LODI ("City"), and LODI UNIFIED SCHOOL
DISTRICT OF SAN jOAQUIN COUNTY ("District).
WITNESSETH:
WHEREAS, District and City have a mutual interest in the provision of
adequate and attractive public facilities for education and recreation for
the residents of Lodi and its environs; and
WHEREAS, both District and City have certain physical facilities,
including pools, parks, stadiums, gymnasiums, and play areas which may be
beneficially used by the other in a comprehensive program of serving the
community; and
WHEREAS, City has certain maintenance personnel and equipment in its
Parks and Recreation Department which have been effectively used by
District on a contract basis; and
WHEREAS, District and City have in the past, executed a series of
agreements for the mutual benefit and use of facilities and services; and
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VVEUM in the continuing spirit of cooperation, District and City
desire to consolidate and incorporate into a Master Agreement, these prior
understandings and to provide explicitly for such joint use and benefit for
the good of the residents of Lodi and the students of the District;
NOW, THEREFORE, BE IT AGREED between District and City as follows:
I. PREVM AGREEMENT SUPERSEDED/NOVATION
Those
agreements
between
District
and
City
identified below
in this
section are
superseded
in their
entirety
and
this
Master Agreement
shall be
deemed a novation of such agreements:
1. Agreement for reciprocal use of recreational facilities executed April
19, 1969.
2. Agreement for reciprocal use of Lodi Grape 130M effective September 1,
3. Agreement for mowing services at District athletic fields, effective
October 15, 1984.
4. Agreement for reciprocal use of Tokay High School pool, dated December
21, 1977.
5. All other written agreements not noted herein between City and
District for reciprocal use of facilities are declared void.
II. MOWING/MAINTENANCE
A. MOWING .
1. City agrees to provide District with mowing services for the
athletic fields at District campuses in the city limits of the
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City of Lodi, more particularly specified in EXHIBIT A attached
hereto, and a t the Woodbridge Middle School.
2. Such mowing shall occur weekly as needed, a maximum of 44 times
per year, per site. City shall provide all necessary equipment
and personnel for such mowing.:
3. District shall pay City for mowing services on the basis of
EXHU31r A attached hereto. Any additional services requested by
3
an authorizes representative of the .,District,; as_.;;desi.gnated,
shall be billed at the hourly rate shown. and shall be' done by
City on an "as available" basis.
4. Charges by City are intended to reflect actual costs of providing
such services and may be adjusted annually. based on the
projected
costs to
City. City
shall notify
District by
Mach 1
of each
year of
any increase
in charges,
which shall
become
effective July 1 thereafter.
5. City shall
be deemed an
independent
contractor under this
agreement.
No agency
is intended
or created by this agreement, r
and the City's employees shall not be deemed agents or employees
of District.
1
111. RECIPROCAL LE OF FACH.,IM
A, TOKAY BUR SCHOOL POOL/LODI BUR DCL POOL.
1. District shall make available to City the 50 -meter pool at Tokay
High School
and the
Lodi High School
pool
for
community
and/or
recreational
uses as
scheduled, prior
to
and
following
school
hours, beginning
July
1, 1990 and
a t such other times as may be
mutually agreed,
City
understands
that during high school water
-3-
4
polo (fall) and
swim team season (spring),
the
pools
will not be
available until
approximately 6:00 P.M.
The
City
and District
shall meet annually to discuss and confirm the year's schedule of
uses. Such annual meeting shall .take pig ce prior to March 1 of
each year. City and District. shall 'anni ally meet to establish
dates and times what the Tokay H114h School Pool will be used as a
50 -meter pool without the bullchead.
2. All use shall be schMutad by City at least thirty (30) days i n
advance.
3. Charges for use of such pools shall be on an hourly basis, as
shown in EXHIBIT B attached hereto. District shall provide to
City on an annual basis, a schedule of fees to be charged.
4. Charges by District are intended to reflect actual costs of
providing and maintaining the pools, and may be adjusted annually
based on projected costs to District. District shall notify City
by March 1 of each year of any increase in charges, which shall
become effective July 1 thereafter.
B. LODI GRAPE BOWL.
1. District shall have preferential right to use the Lodi Grape Bowl
for football games scheduled by District with the exceptions
noted below. District shall provide to City prior to the
commencement of football season each year, a schedule of events
in this regard. Such schedule shall be delivered or presented to
City by District no later than May 1 of the year for which the
schedule applies.
-4-
I
3.
4.
5.
6.
7.
District shall have preferential right to use the Lodi Grape Bowl
for graduation exercises and practice therefor, occurring in June
of each year. Prior to March 1 of each year, a schedule of such
events shall be delivered or presented to the City by District.
Other proposed uses of Lodi Grape Bowl by District shall be
approved not less than thirty (30) days in advance by the City's
Director of Parks and Recreation.
District understands its right to use the Lodi Grape Bowl i s
subordinate to City uses and to the prior claims and use of the
Lodi Grape Bowl by the Lodi Grape Festival and National Wine
Show, normally conducted in mid-September of each year. District
shall have priority during the traditional football season in the
fall of each year. All other uses shall be on an equal first
call/need basis.
Charges for use of Lodi Grape Bowl shall be as shown i n EXHIBIT C
attached hereto, which may be amended on a year-to-year basis.
Charges shown in EXHIBIT C are based on present levels of
maintenance and condition of facilities. Any additional services
or improvements requested by District shall be subject to
contribution by District based on negotiations between the
parties hereto.
City agrees to staff the Lodi Grape Bowl with appropriate
maintenance/standby personnel to coordinate and operate the
general use of this facility. If the activity i s of such a
nature as to require above and beyond City staff levels, District
will be responsible for a required additional compensation above
normal rental fees under this agreement. District shall furnish
-5-
all other activity -related personnel and security personnel as
required by City. This shall be coordinated and agreed upon by
the Parks and Recreation Department administrative staff and
appropriate District authorities responsible for the conduct of
such activity, and any other g ven activities as to staffing
requirements.
8, District shall provide to City on or before March 1 of each year,
a full and complete accounting statement of all monies owed under
;i-
this agreement, and District shall pay monthly or when billed,
z;
for electricity and other utilities furnished to District.
Billing will be administered by the City's Finance Department.
9. During District's use of the Lodi Grape Bowl, District or
associated students of Tokay High School and Lodi High School may
operate food concessions
during
any games
or events
scheduled by
District, During such
events,
District
shall have
an exclusive
right to the operation of the concession stands and the sale of
food, beverages, etc. during all games or performances scheduled
by District. District shall be entitled to retain all proceeds
from the operation of said concessions. It is further agreed
that District may assign the right to operation of the concession
stands, provided that advance notice is given to City, and that
all concession stands are surrendered following such performance
or event in a clean and usable condition.
C OTHER FACILITIES.
1. District may, upon thirty (30)
days
notice
to
the City's Director of
Parks and Recreation, utilize
such
other
City
facilities, including
-6-
but not limited to Kofu, Blakely, Zupo, Armory, and Lodi Lake Parks
and/or recreation areas as may be mutually agreed.
2. City uay, upon thirty (30) days written notice to District, utilize
such other District facilities as may be mutually agreed.
3. Charges for the use of such facilities shall be negotiated on an
individual basis.
I V . ACCESS TO FACILITIES
A. RESERVATIONS/BUMPING.
1. The parties hereto agree that wherever possible, reservations for all
facilities shall be made at least thirty (30) working days or more in
advance. Neither party shall be obligated to allow use or
reservations on less than thirty (30) working days notice, but may do
so on an "as available" basis.
2. Reservation requests shall be made in writing to the City Recreation
Superintendent or School Principal responsible for the site
requested. The party requesting shall be advised within fifteen (15)
working days of the approval/disapproval of the request.
3. Once a reservation is confirmed, the confirming party shall not cancel
or bap such reservation, absent emergency circumstances. For purposes
of this section, "emergency" is defined as an unforeseeable event or
circumstance occurring after a reservation is nrade or confirmed, and
which requires the closing or non-use of such facilities.
B. FEES/CHARGES FOR OTHER FACILITIES.
1. City and District agree that upon such reciprocal use of the other's
facilities, charges shall reflect actual operating costs, determined
-7-
on an hourly basis, and including but not limited to such factors as
cleaning, maintenance, preparation, lighting, and opening/closing of
such facilities. Hourly rates for such facilities and services shall
be calculated and recalculated annually and provided to the other
party not later than March 1 of each year, and shall become effective
July I thereafter.
2. A minimum of two (2) hours shall be charged for the opening/closing or
preparation of each facility provided to the other, whether or not
such preparation time occurs during or after normal duty hours.
V. HOLD HARMLESS
A The user of facilities hereunder agrees to save, defend and hold
h a rel e s s the owner of any facility for any and all damages arising
from such reciprocal use by District or City, save and except those
damages or portion of damages directly attributable to the owner's
negligence in owning, using, operating or maintaining of the property.
B. Each party hereto is charged with the duty to inspect for apparent
defects prior to the use of any facility demised hereunder.
C. During any use of any facility demised hereunder, the user shall be
liable to the owner for any damage to such property caused by the
user, or third parties present at the invitation or suffrage of the
party using the property.
D. The priwai 1 ing party in any dispute arising under this agreement shall
be entitled to reasonable attorney's fees incurred in the litigation
or adjudication of such disputes.
-8-
A 4
V 1. TERM OF AGREEMENT
A The term of this agreement shall be for ten (10) years, commencing
July 1, 1990.
B. This agreement may be cancelled at any time by either party, by giving
to the other six (6) months written notice.
V II. YEARLY/ANNUAL SETTLEMENT OF ACCOUNTS
To avoid unnecessary paper work and confusion, it i s agreed between
the parties that billings for all reciprocal use under- this agreement shall
be done annually. On Manch 1 of each Year, City and District shall present, i
each to the other an itemized billing and account for reciprocal, use and/or
maintenance of the facilities described herein for the previous twelve
1 -
months. After set off and deduction for amounts due by each party, .the
excess balance, if any, omd to the other shall be tendered no later than I�
April 1 of each year.
IN WITNESS WHEREOF, the parties hereto have set their hands the day
and year first hereinabove mentioned.
CITY OF LODI, a municipal corporation
By
THOMA5 A. PETERSON
City Manager
Attest =
ALICE M. REIMCHE
City Clerk
Approved as to Form:
BOBBY W. McNATT
City Attorney
-b-
LODI UNIFIED SCHOOL DISTRICT
OF SAN LACI COUNTY
By
AN L. PIPES
—
Business Manager
Attest:
Clerk of the Board of Trustees
of said District
AGRLUSD.3/TXTA.OIV
r
IEXHMUA.1
MOWING
SERVICES CHARGES
ATHLETIC FIELDS
LODI UNIFIED SCHOOL DISTRICT
i
FACILITY
ACRES
COST
COST/YEAR
HOURS
HOURS/YEAR
Lakewood School •
5.00
$ 78.42
$ 3;450.43
2.50
110.00
Woodbridge School
5.00
94.10
4,140.52
3.00
132.00
Washington Schqol
5.08
95.67
4,209.53
3.05
134.20
Nichols School
5.75
69.01
3,036.38
2.20
96.80
Vinewood School-
2.00
47.05
29070126
1.50:
Needham School
2.00
51.76
2277:291.65
Lodi High School
25.00
178.80
7,866.99
5.70
250.80
Erma Reese School.
6.00
69.95
31,017.79.
2.23
98.12
Heritage School
2.00
59.60
2,622:33``:
1.90
83.60 ,
Tokay High School
21.00
167.82
79'383..93
5.35
235.40
Senior Elementary
12.00
117.63
5.175 .65
3.75
L
165.00 4
Lawrence_ School
8.00
75.28
3,312.42
2.40
105.6
TOTALS
98083
$1,105.09
$48,623.52
35.23
1,550•12 €
i
Operator salary per
hour
$3.1.12
i
4
Mower cost per hour
$14.62
- As determined
by depreciation/amortization
of equipment
utilized
by the City of Lodi
Benefits per hour
$ 5.63
TOTAL COST PER HOUR
531.37
aass:s
AGRLUSD.3/TXTA.OIV
May 1. 1990 asaysesi Locrefora Oucct. WWI vanw..na
Mr. Ron Williamson
Loci Pants & Recreation Dept.
125 M Stoddon St.
Lodi. CA 95240
Re: Pool Calculations- 1990-91 Hourly Rate
Dear Ron:
Tim . cost for 1990-91 was based on actual costs,for period 1/89.10 12131/89.and
estim�d percentage increases app�ed 10 the casts.
- AdualCost Est. 96 of Amount of
Total Est.
Totcay Increase .. lntxease
Cost
1990-91...
1990=91
Salaries & Benefits 53.873 4% 2;155
56,028
Supplies & Maintenance 15.782 M. 316"
16.098
Water, 960 0 - :- 960
9.60
Electric 32.979 (12/90) 6 496: 1,224
34,203
(7/9.0) _ 2%-
GOB 23.367 (1/91) 3% ,. 591
23,958 i
btddread 1.036 496 41 "
1.077
>ther phare 53 -E1- . -0-
53
$128.050
$132.377
The hours used I det trate are the total hours used for 1989-90.
This includes
Recreation�
LUSID usage$132,377/2351
Hrs - $56.31 per hour.
Tokay Pool Est Rec. Dept. usage 90-91:
600 hrs. @ $56.31
33,786
Lod Pool EstRec. Dept. usage 90-91:
(Est 1/3 cost to operate Lodi Pool)
$56.31 x .3334- $18.77 per hr. x 1,000 hrs.
18.770
Total Est for 1990-91
52.556
Sincerely.
Joan L Pipes 6'
Business Manager
J LP/jm
Business
Manager Purchasing
Accounting
Lodi (209) 331-7121 331.716C
331.7127
Stockton (209) 953-8121 953.8160
953-8127
JGl�1J
UE CHARGES FOR ISI GRAPE BOWL 1989-90
LODI UNIFFM SCHOOL DISTRICT
I
The consideration to be paid by District to City shall be:
a) 7.04 per kilowatt hour or any increase that should occur during the
dates of this Agreement for all electricity actually used by
DISTRICT.
b) (DIY shall receive whichever amount is greater of the following
for each football event that is sponsored by DISTRICT when admission
i s charged:
(1) A guaranteed base of three hundred fifty dollars ($350.00)
OR
(2) Fifty cents (80.50) for each adult person and twenty-five
cents ($0.25) for each high school age student in attendance.
(3) No charge shall be made for the team members, coaches, game
officials, spirit team members, assigned school activity staff,
ambulance and first aid standby personnel, and police or security
officers.
C) All other activities of District in the Lodi Grape Bowl shall be
individually considered for cost to City, at which time a fee
will be established for use based on actual costs to CITY for the
operation of such stadium.
kGRLL'SD.1/TXTA.O1V
School Bal
Costs
afield
1990
Use
Average Number o f
(per season)
Cost
of
Location Games Practices
Games Practices
Tota I -
ZWo (Lodi.) 10 s0
$483.70
$806.17
$1,289.87
Armory (Lodi) 10 50
483.70
806.17
1,289.87
Kofu _(Tokay), 10 50
483.70
806.17
1,289.87
CwTlex (Lodi) 10 50
483.70
806.17
1,289.87
Complex (iakay) 10 50
483.70
806.17
1,289.87
Blakely %Lodi) 10 50
483.70
806.17
1,289.87
'Total $2,902.22 $4,837.03
$7,739.24
Cost per practice preparation ♦
1 1/2 hours
@10. 75 =
$16.12
Cost per gwne preparation •
2 1/2 hours
@10.75 =
26.87
Cost to Open/Close park •
2 hours
@10.75 =
21.50
This figure does not .include tournament or play-off games. A
seperate contract will need to be completed to conduct same
on City of Lodi athletic facilities. C?arges vile be addres-
sed seperately above and beyond general school scheduled use
above.
Hourly rate includes salary and berrefi is