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HomeMy WebLinkAboutAgenda Report - June 15, 2022 C-15CITY OF age *� dZ40 CALIFORNIA AGENDA ITEM C-/5 COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving the Joint Use Agreement between the Lodi Unified School District and the City of Lodi for Reciprocal Use of Facilities for the Term July 1, 2022 through June 30, 2032 MEETING DATE: June 15, 2022 PREPARED BY: Parks, Recreation and Cultural Services Director RECOMMENDED ACTION: Adopt Resolution Approving the Joint Use Agreement between the Lodi Unified School District and the City of Lodi for reciprocal use of facilities for the term July 1, 2022 through June 30, 2032. BACKGROUND INFORMATION: The City and Lodi Unified School District have a long history of using each other's recreational facilities to benefit the community's recreational needs, from exercise programs to competitive athletics. This relationship was first formalized with a Joint Use Agreement adopted on April 19, 1969. The current Joint Use Agreement between LUSD and the City of Lodi expired on June 30, 2020. Both entities have continued to operate under the former agreement until a new agreement is approved. This Joint Use Agreement was approved by the Lodi Unified School District Board at their meeting on March 29, 2022, Resolution 2022-29. FISCAL IMPACT: None FUNDING AVAILABLE: Not applicable. CJ/LJ:tl cc: City Attorney Attachment C ristina Jar ay 4❑' ector Parks, Recreation and Cultural Services APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager AGREEMENT FOR RECIPROCAL USE OF PUBLIC FACILITIES LODI UNIFIED SCHOOL DISTRICT AND CITY OF LODI THIS AGREEMENT, is made and entered this day of 2022, (the "Effective Date"), is by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and, LODI UNIFIED SCHOOL DISTRICT (hereinafter "DISTRICT'). WITNESSETH: WHEREAS, District and City have a mutual interest in providing 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, indoor meeting rooms, play areas, and athletic fields, which may be beneficially used by the other in a comprehensive program of serving the community; 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 WHEREAS, District and City desire to consolidate and incorporate provisions for the joint use of those facilities into a master agreement. NOW, THEREFORE, in consideration of the mutual agreements herein and other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. PREVIOUS AGREEMENTS SUPERSEDED Prior joint use agreements between the City and the District concerning recreational facilities are superseded in their entirety. II. FACILITIES INCLUDED IN THIS AGREEMENT A. Unless otherwise specified, this Agreement covers the following City facilities: Zupo Field; Kofu Park; Softball Complex, Chapman Field; Blakely Park; Lodi Grape Bowl; Blakely Field/Enze Swim Complex; Lodi Lake Park; Salas Park; and Peterson Park. Unless otherwise specified, this Agreement covers the following District facilities: Tokay High School Pool; Lodi High School Pool; and all school athletic fields and school indoor facilities within the City of Lodi and the surrounding rural areas (Woodbridge, Lockeford, Houston, Victor, Henderson, and Tokay Colony). B. Facilities not covered by this Agreement: District -owned facilities not specifically covered by this Agreement are subject to use pursuant to the terms of the District's facilities use policy, and must be requested using the District's "Request for Use of Facilities" form. Provisions of this Agreement do not extend to those facilities. However, to the extent a City Use would not conflict with a District Use or undermine the District's budgeted revenue projection for the facility, the District may authorize, in its sole discretion, the occasional use of facilities not covered by this Agreement. 2. City -owned facilities not specifically covered by this Agreement are subject to use pursuant to the applicable provisions of City Ordinance, and/or policy, and the terms of the "Application for Use of City of Lodi Parks and Recreation Facilities". Provisions of this Agreement do not extend to those facilities. However, to the extent a District Use would not conflict with a City Use or undermine the City's -------budgeted revenue_projectioo-for the _facility_r-the CitT-mayautharize,_ia_its_sate discretion, the occasional use of facilities not covered by this Agreement. III. SCHEDULING 1. All scheduling for facilities under the provisions of this Agreement must be done by, and with the approval of, the Authorized Representative. a. The -Authorized Representative for the City of Lodi is the City Manager, the Parks, Recreation and Cultural Services Director, or their designee. b. The Authorized Representative for school -related activities and school sites (including field use) is the Superintendent, the Chief Business Officer, Facilities and Planning, or their designee. All final scheduling approvals shall be at the Facilities and Planning level or above. Scheduling of District Facilities shall not be performed at the Site Administrator level. 2. All requests for facilities are to be submitted on the appropriate form(s) and must be signed by the Authorized Representative. 3. Unless a different priority is agreed to by the parties in writing for a particular facility that is subject to this Agreement, the priority of use for scheduling purposes shall be as follows: a. District Facilities: i. District Use ii. City Use iii. Community Use b. City Facilities: i. City Use ii. District Use 2 iii. Community Use c. As used in this paragraph "District Use" means the District's educational program and related school activities but shall not include third party rentals that are unrelated to the District's educational program, unless District has already entered a contract to rent the facility to a third party prior to the City's request for the use. As used in this paragraph, "City Use" means City's municipal functions but shall not include third party rentals that are unrelated to City's municipal functions unless the City has already entered a contract to rent the facility to a third party prior to the Districts request for the use. B. Advanced Scheduling 1. Events which require advanced scheduling, such as meets or tournaments, may be scheduled up to one (1) year in advance and no less than ninety (90) days prior. 2. Requests for advanced reservations by the City or District will be confirmed or denied by the Authorized Representative within fifteen (15) working days of submittal. a. All denials must include the reason(s) for denial. b. If disagreements over proposed fees or charges, or use provisions, are not resolved within the fifteen (15) day period, the use shall be deemed denied unless the period is extended by mutual consent. C. Scheduling During the Regular School Year 1. Swimming Pools (Blakely/Enze, Tokay High, Lodi High) a. The Authorized Representatives of the District and City shall meet in January of each year to coordinate and confirm the year's schedule of uses, reservation forms, event contact persons, location/procedure for filing the reservation forms, and to establish procedures for notifying users ofemergency closure(s) as needed. b. District pools are available when they are not being used for District purposes. The Tokay High School Pool and Lodi High School Pool may be closed at District discretion following each school's last scheduled use (usually in November). The District will make every effort to close the pools for winter maintenance on a rotating basis. ii. Ninety (90) days prior to the anticipated closure, of the Tokay High School Pool and the Lodi High School Pool, the District will notify the Parks, Recreation and Cultural Services Department to allow for coordination with the City's aquatics program. Except for extraordinary circumstances, the District will not close more than one of its pools at a time. 3 c. City pools are not available for scheduled District use during June, July and August, except for single events upon request by the District and approval by the City's Authorized Representative. d. The Tokay High School Pool will be available to the City for community swimming as outlined in Section 4, Paragraph E of this Agreement. e. City or District pools will be closed immediately by authorized staff if there are any health or safety concerns, or if the water quality falls below acceptable minimum standards as defined by the San Joaquin Public Health Services, and/or any regulating State agency, and shall remain closed until use is authorized by the appropriate health agency. f. In the event of a closure of a District or City pool, the Authorized Representatives will be notified of the closure immediately. Every attempt shall bp—made to -accommodate _alternative _-scheduling of events, or a rescheduling_ of canceled events. 2. Lodi Grape Bowl a. Subject only to first priority City Uses, the District shall have preferential use of the Lodi Grape Bowl for the annual Grape Bowl Classic, football games and graduation events, except when preempted by the Lodi Grape Festival and National Wine Show (generally in mid-September of each year). i. District shall provide to the City a schedule of District football games and related events no later than May 1 preceding the season for which the schedule applies. ii. District shall provide the City with the schedule for graduation events not later than four (4) months preceding the graduation (generally February 1 for events occurring the last week of May/first week of June). b. District acknowledges that the north bleachers at the Lodi Grape Bowl are being brought up to ADA standards over time pursuant to a City Council - approved ADA transition plan and accepts the use of the Lodi Grape Bowl in the state that it is in at the time of use. 3. Athletic Fields, Complexes, Indoor Facilities a. All fields, both City and District, that are to be used for seasonal play must be scheduled sixty (60) days prior to the start of the season, using the appropriate forms of each jurisdiction and submitted to each party's Authorized Representative. b. All requests are to be confirmed or denied within fifteen (15) working days of the submittal of the request. 4 c. All athletic fields (both City and District) are subject to closure when the fields are wet to the extent that team use could result in significant damage to the fields. i. This is to be determined by the City's Park, Recreation and Cultural Services Director or Park Superintendent for City facilities, and the District's Director, Maintenance & Operationsfor District facilities. ii. Rain call procedures for fields are to be mutually agreed upon at the start of each season, or when the facilities use form is approved if it is for singular events. d. In the event that an extraordinary circumstance necessitates the closure of a City or District field, complex, or indoor facility, the user's Authorized Representative shall be notified as soon as possible. It is that person's responsibility to notify all other affected parties. i. Whenever possible, weather disrupted events shall be relocated to other facilities in -lieu of cancellation. Every attempt shall be made to accommodate a rescheduling of cancelled activities. 4. If disagreements over proposed fees or charges, or use provisions, are not resolved within the designated period for approval or denial of the request for use as provided in Section III, Paragraph B of the Agreement, the use shall be deemed denied unless the time period is extended by mutual consent. 5. Neither the City nor the District shall unilaterally cancel a previously scheduled event unless the facility could not be used by either party due to maintenance, weather, act of God, or legal reasons. If a previously scheduled event is unilaterally canceled for any reason, the canceling party shall give notice to the Authorized Representative of the other party of the closure within eight (8) hours of the events necessitating closure. The canceling party shall also offer any available replacement facility that is suitable for the operation of the event. IV. OPERATIONS A. The facility owner's assigned personnel shall be readily available at all times they are on -duty to provide operational, maintenance and emergency assistance to the using party. B. Food and Beverage Concessions 1. User and/or associated organizations may operate food and/or beverage concessions during scheduled events under the following criteria: a. If food and beverages are permitted in the facility; and 5 b. When there are no other proprietary or exclusionary agreements for concessions at the facility. 2. If food concessions are to be a part of the event, it should be so noted on the facilities use form and must be approved by the facility owner. 3. During such events, user and/or associated organizations shall have an exclusive right to operate the concession stands and to the sale proceeds. 4. User may assign the right to operate the concession stand(s) only as agreed to by the owner of the facility. 5. Exclusive Product Contracts a. If a facility is covered under an exclusive product contract, the user shall abide by -the -provisions of the contract. b. It is the responsibility of the user to obtain a copy of any pertinent contract provisions from the facility owner. The user's signature on the facilities use form shall constitute understanding and acceptance of the provisions. c. It is the responsibility of the user to inform all affiliated users of the contract provisions and to monitor compliance. 6. All concession stands or areas used for concession are to be completely vacated at the conclusion of the event, and are to be left in a clean and usable condition. 7. All concessions must meet Department of Health Services' standards and requirements. 8. Concessions may remain for the duration of the event unless other arrangements are agreed upon at the time that the facilities use form is approved; however, they are the sole responsibility of the user. C. Security 1. Either party may require the other to provide security for events at a facility. Security costs s F fi-be pai y the user. I✓ D. Lodi Grape Bowl 1. City agrees to staff the Lodi Grape Bowl with appropriate maintenance/standby personnel to coordinate and operate the facility when it is being used by District. 2. District shall furnish all security and event personnel, as required by the City, at District's expense. E. A District administrator and/or a school athletic director shall be present during school or District events. Tokay High School and Lodi High School Pool Program 1. District shall make the Tokay High School and Lodi High School Pools available to the City for the operation of a Summer Community Pool Program. The use of swimming pool facility shall be in accordance with the regular procedures of the District in granting permits for use of school facilities as provided for by the laws of California and the rules and regulations of the District Board of Education. 2. A schedule of dates for the use of the swimming pool facility will be arranged in advance by City and District and that this schedule will be arranged to avoid conflict between school and recreation use. In scheduling of the use of the swimming pool facility, school events and programs shall have first priority, recreation programs shall have second priority, and any other events by other groups or agencies shall have third priority; provided, however, the contracts to use the swimming pool facility that District entered into with third parties prior to entering into this Agreement shall also have first priority. The Chief Business Officer, Facilities and Planning, or his/her/her designee, shall make every effort to notify the City Director of Parks, Recreation and Cultural Services or his/her designee, of school needs which pre-empt scheduled City recreational activities and will advise in the planning and administering of a recreation program to be conducted by the City at the swimming pool complex. 3. School properties and facilities are intended primarily for school purposes and for the benefit of children of school age. It is therefore agreed that, in planning programs and scheduling activities on school grounds, the recreational needs and opportunities of such children will be well provided for and adequately protected by both parties hereto. 4. In the event of any dispute or difference arising between the parties hereto as to the use of the swimming pool facility, then, in that event, resolution of said dispute or difference shall be first discussed and negotiated between the City Director of Parks, Recreation and Cultural Services and the Principals of Tokay High School and Lodi High School; further negotiation, if required, shall be settled by the City Council and the District Governing Board. 5. Any and all revenues derived by either party in the use and operation of said swimming pool during their respective periods of use shall be retained by the party. 6. A facility use schedule will be submitted to the District by the City no later than March 1 of each year, with the expectation that the City's contracted pool use will begin during the first week of June and continue through the last week of July, with possible weekend use during the month of August. This schedule is subject to amendment based on changes to the District's school -year calendar. 7. District agrees to staff the Tokay High School and Lodi High School Pools with appropriate maintenance/standby personnel to coordinate and operate the facility when it is being used by City. & City shall furnish all security and event personnel, as required by the District, at City's expense. 9. A City program administrator or other responsible personnel shall be present during City Use or events. F. Athletic Fields, Complexes, and Indoor Facilities 1. Each owner will staff its facility with the appropriate maintenance/standby personnel to coordinate and operate the facility. 2. Users will monitor the facilities during their use, and shall maintain all facilities in a safe and clean condition. 3. Each party shall be responsible to maintain and repair their respective facilities. However, the user shall be responsible for janitorial maintenance at the conclusion of each use and for damage caused during each use as provided in Section VII(C) of this Agreement. 4. PRCS shall provide storage for LUSD equipment at Zupo Field, Softball Complex, Kofu Park, Lodi Lake Park and the Grape Bowl shown in the attached Exhibit A incorporated herein by this reference. V. FEES AND CHARGES A. Charges for facility use are intended to reflect actual costs for use of the facility, above and beyond the cost for operation and maintenance that would otherwise be incurred by the owner. B. The initial Master Rate Schedule is to be established by mutual agreement of both parties. 1. All potential fees, charges, or costs, except the security as set for in Section IV Paragraph C-1, are to be included in the Master Rate Schedule. 2. At the time a facility is scheduled, the user shall be advised of all applicable and potential fees or costs. a. These are to be noted on the facilities use form. b. All cost notations on the facilities use form(s) are to be initialed by the user's Authorized Representative. c. Disagreement with proposed charge items must be resolved between the parties prior to final approval of the facilities use form. Final authority for charge items rests with the owner. 3. The District's fees and charges to be included in the Master Rate Schedule will be established by the District pursuant to statute and applicable Board policy. 4. The City's fees and charges to be included in the Master Rate Schedule will be established by the City pursuant to statute and applicable City ordinances and/or policies. 5. Facility use charges may be adjusted annually by each party based on actual and/or projected costs. 6. Adjustments to facility use fees and charges shall be effective at the beginning of each fiscal year (July 1). Staffing charges are to be based on the regular hourly rate then being charged at the time of the use of the facility. Overtime charges are to be applied as required by statute and any applicable employee contracts. C. All requested services that are outside beyond the scope of this Agreement are to be assessed and billed pursuant to the provisions of District and/or City policy and/or ordinance. To the maximum extent possible, the cost for these services shall be mutually agreed-upon prior to the costs being incurred. D. Damage to Facilities 1. When damage (other than normal wear and tear) to a facility or field does occur, the owner of the facility or field will notify the user immediately. 2. Representatives of both parties, and insurance agency representatives if appropriate, will evaluate and review the damages, preferably together, to assess necessary mitigation, appropriate cost, scheduled repair, and final work product. 3. The user will be immediately responsible for costs incurred to repair the damaged property. Such damages will not be charged against the "In Kind Match" account set forth in Section V, Paragraph A but shall, instead, be paid immediately to the facility owner. E. Billing and Payment 1. Each agency will exchange reports on an annual basis, or as agreed upon by the finance agents of both agencies, which detail facility usage including dates of use, names of users, facilities used, and fees associated with the usage. N VI. AMENDMENT TO AGREEMENT A. This Agreement maybe amended at anytime by written agreement of both parties. B. This Agreement shall be amended if it is determined that there is an ongoing use of one or more facilities not covered by this Agreement, or there are use or fee provisions which can best be addressed through mutual agreement, or upon the mutual agreement of the parties. VII. HOLD HARMLESS A. Each party hereto is charged with the duty to inspect for apparent defects prior to the use of any facilities demised hereunder, and to provide appropriate notification to the owner. The facility owner will have the option to close the facility upon receipt of notice of the defect as provided in Section III, Paragraph C-5 of this Agreement. B. 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 at the invitation or suffrage of the party using the property, normal wear and tear excepted. C. The prevailing party in any dispute arising under this Agreement shall be entitled to reasonable attorneys' fees incurred in the litigation or adjudication of such disputes. VIII. INSURANCE A. During the term of this Agreement, each party shall maintain a Memorandum of Coverage from a joint powers risk pool. or provide insurance coverage, as herein provided. Each party's respective insurance shall have a minimum per occurrence limit of $25 million and a maximum self-insured retention of $500,000. Each party shall issue an additional insured endorsement covering the other party for the value of the issuing party's self-insured retention out the issuing party's liability reserve. The insurance policies shall protect the facility owner from claims for damages for personal injury, including accidental death; and, claims for property _ damages—which—may—arise_from—the—facility—user!s_ope rations under this Agreement, whether such operations are by the facility user, its invitees, its subcontractors, or by anyone directly or indirectly employed by the facility user. A copy of a party's certificate of insurance with the following endorsements shall be furnished to the other party: 1. The City or District, as appropriate, and their respective elected and appointed boards, commissions, officers, agents and employees shall be named as additional insured under the aforementioned insurance policies. 2. Such insurance as is afforded by the endorsement for the additional insureds shall serve as the primary insurance. Any other insurance maintained by the W facility owner or its officers and employees shall be excess only, and shall not contribute to the coverage afforded by the primary insurance. A party cannot cancel its policy or change coverage without providing thirty (30) days' prior written notice to the other party, addressed as follows: to the Risk Manager, City of Lodi, P.O. Box 3006, Lodi, CA 95241, and to the Chief Business Officer, Lodi Unified School District, 1305 E. Vine Street. Lodi,CA 95240. 3. The parties agree that any insurance coverage provided by this Agreement shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810, et seq.). Any "claims made" coverage requiring the insureds to give notice of any potential liability during a time period that is shorter than that found in the Tort Claims Act shall be unacceptable. 4. Each party shall maintain, during the term of this Agreement, worker's compensation insurance as required by law for all of its employees. IX. TERM OF AGREEMENT A. The term of this Agreement shall be for a period of ten (10) years, starting July 1, 2022 and ending June 30, 2032, with an annual review by the City Council and the District's Board of Education. B. All fees, charges, or other specifics requiring periodic review and/or modification, are to be considered within the herein described timeframes. C. This Agreement may be canceled at any time by either party, by giving to the other party six (6) months prior written notice, or by the mutual consent of the parties. This Agreement may also be terminated on three (3) months' notice by either party in the event that either party unilaterally and without cause as provided in Section III, Paragraph 5 of this Agreement cancels a previously approved reservation more than ten (10) times in a one-year period. X. MISCELLANEOUS PROVISIONS A. Modifications No modification of this Agreement shall be valid unless said modification is in writing and signed by both parties and approved by their respective Board and Council. B. Attorneys' Fees If either of the parties hereto brings any action or proceeding against the other, including but not limited to, an action to enforce or to declare the termination, cancellation or revision of the Agreement, the prevailing party in such action or 11 proceedings shall be entitled to receive from the other party all reasonable attorneys' fees and costs, incurred in connection therewith. In the event either party shall initiate any suit, action, or appeal on any matter related to this Agreement, then the court before whom such suit, action, or appeal is taken shall award to the prevailing party such attorneys' fees as the court shall deem reasonable, and such award and all allowable costs of the event may be either added to or deducted from the balance due under this Agreement or be a separate obligation as appropriate. C. Severability If any provision or any portion of any provision of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion hereof, shall be deemed severable and shall not be affected, but shall remain in full force and effect. D. Integrated Agreement This writing contains the entire agreement between the parties and all prior or contemporaneous agreements, understandings or discussions relative to this agreement are hereby superseded. E. Jurisdiction and Venue This Agreement shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in San Joaquin County, California. F. Notices All written notices required pursuant to this Agreement shall be delivered to: City Clerk, City of Lodi, P.O. Box 3006, 221 W. Pine Street, Lodi, CA 95241 with a copy to Parks, Recreation and Cultural Services Director, and Superintendent, Lodi Unified School District, 1305 E. Vine Street, Lodi, CA 95240, with a copy to the Chief Business Officer, Facilities & Planning. G. Governing Law This Agreement shall be construed and enforced in accordance with, and the rightsof the parties shall be governed by, the laws of the State of California, without reference to its choice of law rules or principles. H. Successors and Assigns This Agreement shall be binding upon the parties and their respective successors and assigns, and shall inure to the benefit of the parties hereto and their respective successors and assigns. 12 I. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one instrument. J. Survival Any provisions of this Agreement that would impose continuing obligations upon a party or, by their nature or terms, would be reasonably understood to have been intended to survive and continue in force and effect after expiration, termination, or cancellation of this Agreement, shall remain in full force and effect. K. Assignment The parties shall not assign this Agreement without the prior consent of the other party hereto, and any attempt to do so shall be void and have no effect. L. Parties in Interest Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective successors and assigns; nothing in this Agreement is intended to relieve or discharge the obligations or liability of any third persons to any party to this Agreement; and no provision of this Agreement gives any third person any right of subrogation or action against any party to this Agreement. M. Electronic Signatures This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature. 13 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove mentioned. CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager ATTEST: OLIVIA NASHED City Clerk APPROVED AS TO FORM: J ICE MAGDICH -i#y-Aft6rney 14 LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY /� LEONARD KHAN Chief Business Officer ATTEST:� Zx� �. NA M E--/ / BY: George Neely TITLE: Clerk of the Board of Education APPROVED AS TO FORM: BY"" : Ann Vv I S"+WT OP -J iV, p Nl IC TITLE: Counsel to the District Exhibit "A" City of Lodi — Parks, Recreation and Cultural Services Zupo Field Softball Complex Kofu Park Storage Areas and Equipment by Park In Partnership with Lodi Unified School District N Grape Bowl Y Lodi Lake Park 1 N Effective July 1, 2022 Field marker, gypsum Field marker, gypsum (provided by LUSD), batter's (provided by LUSD), batter's Y box template, string and Under Bleachers nails, and hammer. nails, and hammer. One key n/a will be provided. _ Field marker, gypsum Field marker, gypsum (provided by LUSD), batter's Room Attached to Y box template, string and Concessions Building; nails, and hammer. One key Key will be provided will be provided. N Grape Bowl Y Lodi Lake Park 1 N Effective July 1, 2022 Field marker, gypsum (provided by LUSD), batter's LUSD Shed box template, string and nails, and hammer. n/a n/a PRCS exh Building; Field marker, gypsum PRCS staff will (provided by LUSD) provide access with advance notice 15 BEFORE THE BOARD OF EDUCATION OF THE LODI UNIFIED SCHOOL DISTRICTCFTHE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA RESOLUTION 2022-xxx AUTHORIZATION TO EXECUTE A JOINT USE AGREEMENT WITHTHE CITY OF LODI WHEREAS, the Lodi Unified School District ("District") and the City of Lodi ("City") find it in their mutual best interest to continue the Joint Use Agreement ("JUA") that has governed for more than 30 years their respective reciprocal facility uses; and WHEREAS, this agreement defines the reciprocal facilities use interactions between the City and District, covering sites that include (but are not limited too) schools, playfields, softball complex, the Grape Bowl, and the Tokay High School and Lodi High School Pools; and WHEREAS, the ten-year term, of the current JUA has expired; and WHEREAS, staff from the District and City have met and created a new JUA that incorporates all ofthe issues that are of reasonable concern to each organization, the term of which will extend to June 30,2032;and WHEREAS, this JUA is now ready to be approved by the Board of Education and the City Council. NOW THEREFORE BE IT RESOLVED that the Board finds that it is in the best interests of the District to enter into the Joint Use Agreement with the City of Lodi and that the Superintendent of the District, the Chief Business Officer of Facilities and Planning, the Chief Business Officer and other officers of the District, and each of them individually, are hereby authorized and directed, for and in the name of and on behalf of the District, to execute and deliver any and all documents, to do any andall things, and take any and all actions that may be necessary or advisable, in their discretion, in order to complete the changes, and to effect the purposes of this Resolution. All actions heretofore taken byofficers, employees, and agents of this District that are in conformity with the purposes and intent of this Resolution are hereby approved, confirmed, and ratified. PASSED AND ADOPTED this day of, 2022, by the following vote of the Board of Education of the Lodi Unified School District: RESOLUTION NO. 2022-158 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE JOINT USE AGREEMENT BETWEEN THE LODI UNIFIED SCHOOL DISTRICT AND THE CITY OF LODI FOR RECIPROCAL USE OF FACILITIES WHEREAS, the Lodi Unified School District (District) and the City of Lodi (City) find it in their mutual best interest to continue the Joint Use Agreement (JUA) that has governed for more than 30 years their respective reciprocal facility uses; and WHEREAS, this agreement defines the reciprocal facilities use interactions between the City and District, covering sites that include (but are not limited to) schools, playfields, softball complex, the Grape Bowl, and the Lodi and Tokay High pools; and WHEREAS, the ten-year term of the current JUA has expired; and WHEREAS, staff from the District and City have met and created a new JUA that incorporates all of the issues that are of reasonable concern to each organization. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Joint Use Agreement between the Lodi Unified School District and the City of Lodi for reciprocal use of facilities for the term of July 1, 2022 through June 30, 2032; and BET IF FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Joint Use Agreement; and BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: June 15, 2022 I hereby certify that Resolution No. 2022-158 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None Wa_Oolw OLIVIA NASHED City Clerk 2022-158