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HomeMy WebLinkAboutStaff Report 21 10/21/19961 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 OCT 2 11996 11 AGENDA ITEMS # KEY WORD Resolution Approving a Joint Use Regarding Use of the McNear and Lucchesi Branches Clubhouses DATE October 21 1996 DEPARTMENT: Parks & Recreation REQUESTED COUNCIL ACTION: To approve a Joint Use Agreement with the Boys & Girls Club regarding joint use of the McNear and Lucchesi clubhouses. RECOMMENDATION: The Recreation, Music and Parks Commission, and the Parks and Recreation Department recommend approval of the proposed Joint Use Agreement. BACKGROUND: The City council has recently approved the purchase of the McNear Branch of the Boys & Girls Club. City staff and representatives of the Boys & Girls Club have negotiated a joint use agreement establishing time frames whereby both agencies would utilize the Lucchesi and McNear facilities. Highlights of the agreement include: • Use of the McNear building by the Boys & Girls Club for after school drop -in during the school year. • Use of the McNear gymnasium by the Boys & Girls Club two evenings per week from mid - December through March, for their youth basketball program. • Use of the Lucchesi Park branch gymnasium by the City, Monday through Thursday mornings (except school breaks), Monday through Thursday evenings (except basketball season), selected Saturdays and Sundays, for recreation programming. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 • During morning and evening hours during the school year, and throughout the summer, the City will program the McNear building for community use. The proposed use of the two facilities by both agencies is an unprecedented partnership of two community agencies. Through this Joint Powers Agreement, the Boys & Girls Club can provide their much needed after school drop -in and their popular basketball league. The City's involvement allows for recreation programming on the west side of town, and use of two gyms during weeknights for teen, adult and family programming. ALTERNATIVES: a) Direct staff to renegotiate the Joint Use Agreement b) Not approve the Joint Use Agreement. CONSEQUENCES OF NOT ACTING: No established use schedule would be established regarding the two clubhouses. ACTION FOLLOWING AUTHORIZATION The terms of the agreement would be implemented. j c /nb /agb &gres /c: j im JOINT USE AGREEMENT DRAFT Between City of Petaluma and Boys and Girls Club of Petaluma Section 1. This Agreement by and between the City of Petaluma (herein after referred to as "city ") and the Petaluma Boys and Girls Club (herein after referred to as "club ") is to become effective upon close of escrow of the city purchase of property at 426 8th Street. Section 2. Premises: The facilities referred to in this Agreement are the McNear Recreation Center (MRC) (426 8th Street) which the city is intending to purchase and the Lucchesi Park Branch (LPB) (203 Maria Drive) owned by the club. Section 3. Purpose: The purpose of this Agreement is to allow the city and the club to utilize the other's facility for the benefit and well -being of all Petalumans, especially youth. Section 4. Club Use of MRC: The city will allow the club free use of the McNear Recreation Center in the designated spaces at the dates and times listed below. Specific uses include but are not limited to: A. After - School Drop -In Facilities: - Gymnasium, game room, reception area, portion of gym storage area (south), southwest meeting room and restrooms. Season: - During the Petaluma Elementary School District year. Days/Times: Monday through Friday, 12 noon to 6:30 pm B. Youth Basketball Programs Facility: Gymnasium, restrooms, scorekeepers office, portion of gymasium storage area (south). Season: Mid - December through March each year. Days /Times: Mondays and Wednesdays, 6:30 pm- 9:OOpm; Saturdays, 8:30 am -5:00 pm. C. Bingo Facility: Gymasium, kitchen, restrooms Season: Year -round Day /Times: Fridays, 4:30 pm -11:00 pm Section 5. City Use LPB: The Club will allow the City free use of the Lucchesi Park Branch (LPB) in the designated spaces at the dates and times listed below. A. Recreation Programs Facilities -- Gymnasium and restrooms Season: During the Petaluma School District year (traditionally September through mid- June). Days /Times: Monday through Thursday, 8:00 am to 12 noon (except school breaks). • Monday through Thursday evenings (except mid - December to end of March), 6:30 pm -10:00 pm • Saturdays with dates and times to be negotiated. • Sundays (except mid- December through March) 1:00 pm to 10:00 pm Season: Summer. Days /Times: Saturdays, 9:00 am to 5:00 pm.; Sundays, 1:00 pm to 10:00 pin. Section 6. Schedule of use: The city and the club by and through their designated staff will meet every year in July to evaluate and develop a schedule for the upcoming year (September through August). Specific uses noted in sections 4 and 5 may be changed year -to -year as long as both parties agree. Scheduling agreements will be put in memorandum form and signed by both Club Executive Director and City Parks and Recreation Director. V Section 7. Supervision and control of use: The supervision and control of recreational programs and activities (including all program participants) conducted by the Club during the time it has use of the MRC shall be vested in and be the responsibility of the Club. The supervision and control of recreational programs and activities conducted by the City during the time it has use of the LPB shall be vested in and be the responsibility of the City. This responsibility shall include providing adequate numbers of supervisory personnel, the establishment of standards of conduct of children, teenage groups, and adults. The Club and the City shall train, supervise, and evaluate their own personnel participating in the directing of programs and activities at the branch. Supervisory personnel of the Club and the City shall cooperate with each other in the evaluation of programs presented and personnel participating in them. In the event personnel of either party assigned to the supervision and control of programs and activities at the branches fail to cooperate with the personnel of the other party, or if either party's personnel fail to conduct programs at the two facilities, the party employing such personnel shall modify the offending behavior of its personnel or assign other personnel to programs which interface with the programs of the other party. Section 8. Care of property: The Club and the City and their employees, representatives, agents, and invitees shall exercise reasonable care in their use of the MRC and LPB and all of the fixtures, equipment, and improvements installed on or located at the facilities. To the extent that the MRC, or any part of the MRC is damaged or destroyed during use by the Club or during use authorized by the Club, to an extent beyond reasonable wear and tear which could be expected to occur as a result of normal use of such property, the Club shall be responsible for the repair or replacement of such ro ert . Similarly, to the extent that the LPB, or any part of the LPB, is damaged or destroyed during use by the City or during use authorized by the City, to an extent beyond reasonable wear and tear which could be expected to occur as a result of normal use of such property, the City shall be responsible for the repair or replacement of such property. Any such repairs shall be undertaken promptly and shall be of like quality to that which is damaged. 3 8 "A" Security Each party to this Agreement shall be responsible for maintaining adequate security while utilizing the others facility. Adequate security includes, but is not limited to, locking doors and maintaining control over issuance of keys. 8 `B" Contact Persons: For purposes of day to day management, the contact persons with authority to speak or act on behalf of each side are those persons designated in Exhibit A attached hereto. Section 9. Signage: Club reserves the right to install original dedication plaque recognizing Board of Directors and other volunteers who built and finished MRC in 1958. Both City and Club will be permitted to install permanent signage at either branch at appropriate places agreeable to both giving public recognition of their use. Section 10. Expendable supplies and equipment: This Joint Use Agreement is intended to provide for use of both facilities capital assets, as opposed to expendable supplies and equipment. Each party shall provide the expendable supplies and equipment required for its individual programs and activities. The term "expendable supplies and equipment" shall include such items as sports equipment, program and paper supplies, instructional materials used in recreational programs, and janitorial supplies. Section 11. Fire and casualty insurance: The Club and the City shall maintain fire and casualty insurance on their respective facilities and on all fixtures and equipment installed on, or located at, their facilities. Each party shall maintain fire and casualty insurance on the supplies, equipment, and other property owned by that party and kept by that party at either of the facilities. Section 12. Indemnification: The City shall indemnify, hold harmless, and defend the Club, its Board of Directors, officers, agents, and employees from any and all claims, demands, causes of action, suits, and other 0 damages, costs, and expenses arising out of or resulting from any injury to persons or damage to property arising out of the use of the LPB by the City and its invitees. The City shall further indemnify, hold harmless, and defend the Club from any and all orders, judgments, and decrees which may be entered in any such suits or actions. Similarly, the Club shall indemnify, hold harmless, and defend the City, its City Council, officers, agents, and employees from any and all claims, demands, causes of action, suits, and other damages, costs, and expenses arising out of or resulting from any injury to persons or damage to property arising out of the use of MRC by the Club and to property arising out of the use of the MRC by the Club and its invitees. The Club shall further indemnify, hold harmless, and defend the City from any and all orders, judgments, and decrees which may be entered in any such suits or actions. Section 13. Liability insurance: A. Insurance Requirements for Boy's and Girl's Club Boy's and Girl's Club shall procure and maintain for the duration of the Joint Use Agreement Insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the use hereunder by the Boy's and Girl's Club, its agents, representatives, employees or subusers. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA (Ed. 1/87) covering Automobile Liability, for non- owned /hired autos, code 7, 8, & 9. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Boy's and Girl's Club shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Joint Use Agreement /location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Boy's and Girl's Club; and with respect to liability arising out of work or operations performed by or on behalf of the Boy's and Girl's Club including materials, parts or equipment furnished in connection with such use or operations. General liability coverage can be provided in the form of an endorsement to the Boy's and Girl's Club's insurance, or as a separate owner's policy. 2. For any claims related to this Joint Use Agreement, the Boy's and Girl's Club's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Boy's and Girl's Club's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with current A.M. Best's rating of no less than A:VII. Verification of Coverage Boy's and Girl's Club shall furnish the City with original certificates and amendatory endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates on and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Sub Users Boy's and Girl's Club shall include all subusers Clubs as insureds under its policies or shall furnish separate certificates and endorsements for each subusers. All coverages for subusers shall be subject to all of the requirements stated herein. B. Liability Coverage required for Petaluma Boy's and Girl's Club of City of Petaluma. City of Petaluma shall procure and maintain for the duration of the Joint Use Agreement liability coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the use hereunder by the City of Petaluma, his agents, representatives, employees or subusers. Minimum Scope of Liability Coverage Coverage shall be at least as broad as: 1. Liability coverage Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 001 (ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance. Minimum Limits of Liability Coverage City of Petaluma shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability coverage or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately 7 to this Joint Use Agreement/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Other Liability Coverage Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The Petaluma Boy's and Girl's Club, its officers, officials, employees, and volunteers are to be covered as covered parties with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the user; and with respect to liability arising out of work or operations performed by or on behalf of the User including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the User's liability coverage, or as a separate owner's policy. 2. For any claims related to this Joint Use Agreement, the User's liability coverage shall be primary liability coverage as respects the Petaluma Boy's and Girl's Club, its officers, officials, employees, and volunteers. Any liability coverage or self - liability coverage maintained by the Petaluma Boy's and Girl's Club, its officers, officials, employees, or volunteers shall be excess of the User's liability coverage and shall not contribute with it. 3. Each liability coverage policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Petaluma Boy's and Girl's Club. Verification of Coverage City of Petaluma shall furnish the Petaluma Boy's and Girl's club with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the Petaluma Boy's and Girl's Club or on other than the Petaluma Boy's and Girl's Club's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the Petaluma Boy's and Girl's Club before use commences. The Petaluma Boy's and Girl's Club reserves the right to require complete, certified copies of all required liability coverage policies, including endorsements effecting the coverage required by these specifications at any time. Subusers User shall include all subusers as covered parties under its policies or shall furnish separate certificates and endorsements for each subuser. All coverages for subusers shall be subject to all of the requirements stated herein. Section 14. Waiver of Personal Liability: All liabilities under this Joint Use Agreement on the part of the Club shall be solely corporate liabilities of the Club as a legal entity, and the City hereby releases each and every Board member and officer of the Club of and from any personal or individual liability under this Joint Use Agreement. No director or officer individually or personally liable under this Joint Use Agreement for anything done or omitted to be done by the Club hereunder. Similarly, all liabilities under this Joint Use Agreement on the part of the city shall be solely liabilities of the City as a legal entity, and the Club hereby releases each and every City Council member and officer of the City of and from any personal or individual liability under this Joint Use Agreement. No council member or officer of the council member of the City shall at any time or under any circumstances be individually or personally liable under this Joint Use Agreement for anything done or omitted by the City hereunder. Section 15. Partial Invalidity: If any one or more of the terms, provisions, covenants or conditions of this Joint Use Agreement shall to any extent be declared invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants and conditions of this Joint Use Agreement shall be affected thereby, and each provision of this Joint Use Agreement shall be affected thereby, and each provision of this Joint Use Agreement shall be valid and enforceable to the fullest extent permitted by law. F� Section 16. Binding Effect: This Joint Use Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. Section 17 No Financial Interest: Nothing contained herein is intended to create any partnership agreement or other such business relationship between the parties and neither side shall be deemed to have any financial and /or ownership interest in the other facility. Section 18 Term and Termination: This Agreement is effective commencing on , 1996, and will remain in effect for a period of ten (10) years from that date. Each year on the anniversary date of this Agreement, one year will automatically be added to the initial term unless the parties by mutual consent execute a Notice of Non - Renewal. Upon execution of a Notice of Non - Renewal, no further years will be added to this Agreement and the Agreement will automatically terminate upon the conclusion of the time remaining. Notwithstanding the above, this Agreement may be terminated at an earlier date by judicial decree for good cause or by mutual consent of the parties. Section 19 Default: The failure of any party to comply with any of the terms of this Agreement within ten (10) days after written receipt of written notice of the alleged default shall be deemed in breach of this Agreement. The party in default shall thereafter cure said default within ten (10) days. Section 20 Right of First Refusal: If other party receives an offer, to purchase all (or any portion) of its facility, and if the party receiving the offer is willing to accept it, that party shall give written notice of the amount and terms of the offer and the identity of the proposed buyer to the other party. The other party shall have the option, within fifteen (15) days after that notice is given, to purchase that party's facility (or designated portion of the facility) on the same terms as those contained in the offer. 10 Section 21 Consents and Agreements: Any and all consents and agreements provided for or permitted by this Agreement shall be in writing and a signed copy thereof shall be filed and kept with the books of each party. Section 22 Sole and Only Agreement: This instrument contains the sole and only agreement of the parties relating to the use of their facilities and correctly sets forth the rights, duties, and obligations of each to the other. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Section 23 Amendment: This Agreement may be amended by written approval of both of the parties. Section 24 Headines: The titles and headings of the various sections and paragraphs of this Agreement are intended solely for convenience of reference and are not intended to explain, modify or place any interpretation upon any of the provisions of this Agreement. Section 25 Time of Essence: All times and dates in this Agreement shall be of the essence. Section 26 Attorney's Fees: In the event of any dispute between the parties resulting in litigation, arbitration or any other proceedings, the prevailing party shall be entitled to recover form the other party all reasonable costs and expenses, including, but not limited to reasonable attorneys' fees and expenses. Section 27 Severabili If any part of this Agreement is determined to be illegal or unenforceable, to the extent practicable all other parts shall be given effect separately and shall not be affected. 11 Section 28 Cross - references: All cross - references in this Agreement, unless specifically directed to another agreement or document, refer to provisions in this Agreement. Section 29 Covenant to Sign Documents: Each party shall execute, with acknowledgment or affidavit if required, all documents and writing reasonably necessary or expedient in the creation of this Agreement and the achievement of its purpose. Section 30 Arbitration of Disputes: Any and all claims or disputes arising out of enforcement of this Agreement or any provision thereof shall be in accordance with the terms of the Commercial Arbitration Rules of the American Arbitration Association. In addition, the parties are obligated to meet and confer in a non- binding mediation prior to any party initiating arbitration. Section 31. Notices: All notices, statements, demands, consents, approvals, authorizations, offers, designations, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party and addressed as follows: To the Club: Alan Anspach, Executive Director PO Box 751539 Petaluma, CA 94975 -1539 To the City: Director of Parks and Recreation 320 North McDowell Blvd. Petaluma, CA 94954 12 AGREED ON THIS DATE PETALUMA BOYS AND GIRLS CLUB CITY OF PETALUMA Jan Parkinson, President Larry Sartori, Secretary 13 j c /nb /b &Gagree /c: j im