Item 1.8 - Joint Use Agmt. for Cooperative Facilities Use/Maint.: PUSDDATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
April 2, 2019
Honorable Mayor and Members of the City Council
APPROVED
APPROVED AS AMENDED ❑
(SEE MINUTES)
DENIED ❑
REMOVED ❑
CONTINUEDCl
4TS01
RESOLUTION NO.
Brenda Sylvia, Director of Community Services
Brenda Sylvia, Director of Community Serviceq�
bsvlvia(a,)poway.org or (858) 668-4585
City of Poway and Poway Unified School District (PUSD) Joint Use
Agreement for Cooperative Facilities Use and Maintenance
On June 12, 2007, the City entered into a Joint -Use Agreement for Cooperative Facilities Use
and Maintenance with the Poway Unified School District (PUSD). The facilities covered in the
agreement include gymnasiums, multi-purpose centers, as well as artificial turf sports fields. Since
that time, facility use, maintenance responsibilities, associated costs, and processes related to
the facilitation of agreement have changed. The City and PUSD have cooperatively renegotiated
a new agreement to reflect those changes.
Recommended Action:
It is recommended that the City Council authorize the City Manager to execute an updated Joint -
Use Agreement between the City of Poway and the Poway Unified School District for Cooperative
Facilities Use and Maintenance.
Discussion:
The City of Poway and PUSD have a long history of collaborating to expand recreational
opportunities for citizens and students. Over the years, the former Poway Redevelopment Agency
used funds to install indoor facilities, and grass and artificial turf fields on school campuses. These
improvements provide space for the many sports and recreation programs offered by the City of
Poway Community Services Department and the non-profit Poway Sports Association.
On June 12, 2007, the City and the Poway Redevelopment Agency entered into a Joint -Use
Agreement (JUA) with PUSD. The 2007 agreement replaced the individual site use/lease
agreements the agencies were operating under. After the dissolution of the Redevelopment
Agency in 2012, the City became the Successor Agency to the former Redevelopment Agency,
leaving just the City and PUSD as the parties to the Agreement.
The JUA sets forth the terms by which the City and PUSD share in the use, maintenance, and
operating costs of indoor facilities including gymnasiums at Meadowbrook and Twin Peaks Middle
Schools, as well as sports fields. As outlined later in the report, many of the facilities in the current
agreement have either not been used by the City or have not been available to the City and are
therefore being removed from the updated agreement. The JUA does not include joint use of the
Poway Center for the Performing Arts, which is covered under a separate agreement.
1 of 20 April 2, 2019 Item #_ a,
City of Poway/PUSD Facilities Use and Maintenance Joint Use Agreement
April 2, 2019
Page 2
The City and PUSD have been negotiating a revised JUA for approximately three years. Because
the existing JUA contained an option for up to three 5 -year extensions, the First Amendment to
extend the Agreement for five years to June 12, 2022, was executed. However, when the new
agreement is executed, it will supersede the existing JUA.
Use Changes
• Several facilities and fields were included in the 2007 JUA to provide options for use, yet were
either never accessed or available for use. Therefore, the new agreement eliminates City
access and use of those facilities and fields including Midland Elementary School field and
library/multi-purpose room, Pomerado Elementary School upper and lower fields, Tierra
Bonita Elementary School field, and Twin Peaks Middle School Soccer and Football fields.
Additionally, the City requested access and use of Valley Elementary Multipurpose Room be
included in the new agreement, but the request was denied due to heavy use by the District.
• For the indoor facilities the City will continue to have access to, the new agreement explicitly
details that the City will have access and use of all rooms, components, space, etc. within
indoor facilities. This will help with programming during construction of the Mickey Cafagna
Community Center.
• The new agreement reduces City access to the Poway High School football field/stadium to
reflect the limited use made available to the City for the July 4'" event.
Responsibilities
• PUSD will resume purchasing and providing janitorial supplies for the shared indoor facilities.
At some point during the existing agreement, the City began purchasing and providing
janitorial supplies due to lack of access to PUSD supplies and storage areas. The lack of
access to basic supplies such as toilet paper, paper towels, mops and cleaning solutions had
a direct impact on restroom use, spills/accidents and safety standards. No amendment was
put in place to reflect the change. Returning to this original 2007 procedure, with provisions
to ensure City access, will provide operational consistency and effective tracking of actual
costs for joint -use facility supplies.
• The City will continue to provide janitorial service Saturday and Sunday year-round, and will
additionally be responsible for scheduling and paying for janitorial service during the summer
months (July/August). This aligns with the days/times of City primary use, which includes
Monday through Friday, 5pm to 10pm; all -day Saturday/Sunday; all -day on non -school days;
and all -day Monday through Friday during the summer.
• The City and PUSD will both take on responsibility for janitorial deep cleaning of the indoor
facilities with the City responsible for one deep cleaning during the summer, and PUSD
responsible for two deep cleanings during the school year. The level of responsibility aligns
with the allocations for City and PUSD use.
• Routine repair and maintenance remains the responsibility of PUSD and is better defined in
the new agreement. Additionally, routine repair and maintenance that impacts safety and/or
program operations must be made by PUSD within 30 days of notification.
Financial
• Prior to the installation of artificial turf fields, the 2007 agreement required the City to
reimburse PUSD $34,500 per year for field maintenance and supplies. After the artificial turf
field installations, the reimbursement remained the same despite the lower cost to maintain
and repair artificial turf. PUSD has been inconsistent with providing details and
backup/supporting documentation to validate the reimbursements. The reimbursement in the
2 of 20 April 2, 2019 Item #�
City of Poway/PUSD Facilities Use and Maintenance Joint Use Agreement
April 2, 2019
Page 3
new agreement is reduced to $5,000 per field and is specifically for routine maintenance and
repair of the artificial turf fields located at Meadowbrook Middle School and Valley Elementary
($10,000 annual total). This dollar amount was based on projections to perform duties per the
field warranty standards which include inspections, brushing/raking, field markings, metal
removal, weed/pest treatment, carpet cleaning, fabric/seam repairs, and infill installation,
replacement, decompaction, and redistribution.
The City is currently expending $7,000 annually for janitorial supplies at the indoor facilities
actively used by the City. With PUSD taking back responsibility for purchasing all janitorial
supplies, the City will now reimburse PUSD and eliminate, at no increased cost, the City staff
responsibility for ordering, delivering, and paying for supplies.
Based on the City's exclusive summer use of the indoor facilities, the City will expend an
additional $1,500 per indoor facility ($3,000 annual total) on janitorial service, and $850 per
indoor facility ($1,700 annual total) for one deep cleaning during July/August.
The 2007 agreement detailed equal City 50%-PUSD 50% responsibility for costs related to
major equipment, improvements and capital upgrades for facilities constructed with city funds.
It did not include a cost-sharing plan for artificial turf field replacement. The new agreement
maintains equal City 50%-PUSD 50% responsibility for indoor facilities, and includes a cost-
sharing formula of City 70%-PUSD 30% for artificial turf fields. Although PUSD initially
proposed that the City be responsible for 100% of the capital upgrades and replacement of
the artificial turf for all three fields, the new agreement formula is based on actual use by each
agency. The replacement costs for the fields located at Meadowbrook and Valley will be
shared City 70%-PUSD 30%, and PUSD will be responsible for 100% of the replacement cost
for the Poway High School field. The anticipated projects and estimated costs are detailed in
Exhibit C. The City proposed including an annual financial appropriation be made by both
agencies to help prepare for future turf replacement costs, but PUSD was not willing to make
this annual commitment.
At PUSD's request, the City considered a reasonable reimbursement to PUSD for costs
associated with routine repair and maintenance of the indoor facilities. Although the proposed
amount was substantially higher, PUSD was unable to provide backup/supporting
documentation for the costs. The new agreement includes $2,500 per indoor facility
reimbursement ($5,000 annual total) with re-evaluation by the City and PUSD bi-annually.
The 2007 agreement specified equally shared City 50%-PUSD 50% costs for security/fire
alarm, and gas/electric expenses at the indoor facilities. The agreement also specifies that
the City is 100% responsible for telephone expenses (with the exception of PUSD extensions).
There are no proposed changes to these financial obligations. To date, no security alarm has
been installed at either location.
Administration (process and procedures)
• Each fiscal year, the City and PUSD shall meet between October and December to review
potential capital projects and discuss the costs and the impact on the budget for the following
year. Upon mutual agreement, the projected costs will be allocated and reflected in each
party's approved budget. Each party agrees that the capital projects identified in Exhibit C are
necessary at the time of agreement execution. For potential projects not identified in Exhibit
C, it is agreed that each party will discuss such projects in good faith and not unreasonably
withhold approval.
• All payments and reimbursements will be billed and paid twice annually and both parties must
accompany all invoices/requests for reimbursement with backup/supporting documentation.
• The City will initially fund any capital upgrade and PUSD must reimburse the City for their
portion within sixty (60) days of receiving an invoice and supporting documentation validating
3 of 20 April 2, 2019 Item #LL
City of Poway/PUSD Facilities Use and Maintenance Joint Use Agreement
April 2, 2019
Page 4
the project costs.
The City and PUSD shall meet each December and June to review the joint -use requirements
and to coordinate use. A representative from each joint -use facility must be present.
To improve accuracy in the collection of data, the City and PUSD will each be independently
responsible for tracking and keeping record of their use of indoor facilities and fields.
City and District staff met multiple times to discuss, draft, and review the proposed agreement.
Environmental Review:
This item is not subject to CEQA review.
Fiscal Impact:
The annual cost of the existing agreement is $75,968. The cost of the new agreement includes
existing, reduced, and new expenses for a total net impact of $61,168 per year. The new
agreement obligates the City to 70% of the cost to replace the artificial turf fields at Valley
Elementary School (est. $539,070 in FY24) and Meadowbrook Middle School (est. $845,604 in
FY 2025). The City will also be responsible for 50% of the cost of facility capital projects including
concrete masonry at Meadowbrook Gymnasium (est. $14,048 in FY20). The actual costs of these
projects will be based on bids submitted at the time of the projects. At this time, the City's portion
of the projected costs to replace the artificial turf fields is not built in to the City's long-term capital
facility replacement program.
Public Notification:
Additional notification was sent to the Superintendent, Poway Unified School District.
Attachment:
A. Joint -Use Agreement between the City of Poway and the Poway Unified School District for
Cooperative Facilities Use and Maintenance
Reviewed/Approved By: Reviewed By: Approved By:
&a:o A&�
Wendy Kaserman Alan Fenstermacher Tina M. White
Assistant City Manager City Attorney City Manager
4 of 20 April 2, 2019 Item #L
JOINT -USE AGREEMENT BETWEEN THE CITY OF POWAY AND THE
POWAY UNIFIED SCHOOL DISTRICT FOR COOPERATIVE
FACILITIES USE AND MAINTENANCE
THIS AGREEMENT is made by and between the City of Poway (hereinafter
called "City"), and the Poway Unified School District (hereinafter called "District"), and
entered into on this day of , 2019 ("Effective Date") The City and District are at
times referred to individually as a Party, or collectively as the Parties.
WHEREAS, City and District are mutually interested in and concerned with
providing adequate facilities and services for community sports and recreation; and
WHEREAS, City and District have certain gymnasiums, sports fields, and multi-
purpose rooms under their jurisdiction suitable for students, organized sports, and
community recreation programs; and
WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7 of
Division 1, Title 1 of the Education Code of the State of California (Section 10900 et.
seq.) to organize, promote, and conduct community recreation programs and activities
within or without their territorial limits; and
WHEREAS, the governing bodies of City and District are authorized by Chapter
5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500
et. seq.) to enter into agreements with each other to promote and preserve the health
and general welfare of the community and contribute to the attainment of education and
recreation goals and objectives for children and adults within the community; and
WHEREAS, City has contributed to the community's well-being and expanded
the District's ability to provide its students with adequate facilities through the
construction of gymnasiums, the renovation and reconstruction of certain sports fields
located upon District property, and the use of multi-purpose rooms; and
WHEREAS, City and District recognize that only through their cooperation, will
Poway youth sports user groups and students have access to excellent recreational
facilities; and
WHEREAS, City and the Poway Redevelopment Agency entered into a Joint -
Use Agreement for Cooperative Facilities Use and Maintenance with District on June
12, 2007, with an expiration date of June 12, 2017; and
WHEREAS, on February 1, 2012, the Redevelopment Agency was dissolved by
operation of law, and, pursuant to California Health and Safety Code section 37173,
City became the Successor Agency to the former Redevelopment Agency.
NOW, THEREFORE, based on the foregoing recitals, City and District agree as
follows:
5 of 20 ATTACHMENT A April 2, 2019, Item #1.8
1. PREVIOUS AGREEMENT
A. This Agreement supersedes the Joint -Use Agreement for Cooperative
Facilities Use and Maintenance between City and the Poway
Redevelopment Agency and District entered into on June 12, 2007 ("2007
Agreement"), which as of the Effective Date, no longer has any force or
effect.
2. USE OF FACILITIES
A. City and District will make available for joint use the facilities on the terms
and conditions set forth in this Agreement as described in Exhibit A and B.
91
1. "Joint -Use Facilities" is the collective term used when addressing all
facilities.
2. "District Use" refers to any time and manner in which District is
responsible for the activities at any Joint -Use Facility, as specified
in this Agreement.
3. "City Use" refers to any time and manner in which City is
responsible for the activities at any Joint -Use Facility, as specified
in this Agreement.
4. "Indoor Facilities" is the collective term used when addressing
gymnasiums and multipurpose centers, including all rooms,
components and space within, for the purpose of indoor sports and
recreation activities as described in exhibit a and throughout this
agreement.
5. "Fields" is the collective term used when addressing all artificial turf
fields for the purpose of outdoor sports and recreation activities as
described in exhibit B and throughout this agreement.
6. "Poway Sports Association" refers to any organized sports league
that is composed of a majority of City of Poway residents who are
members of Poway Sports Association.
7. "Capital Projects" refer to all capital improvement projects, as that
term is commonly understood, relating to the joint -use facilities,
including but not limited to those listed on exhibit a and b hereto,
which is incorporated in this agreement by reference as if fully set
forth herein. Capital projects involve the significant update or
replacement of a portion of the joint use facilities, including but not
limited to HVAC replacement, flooring replacement, roofing, stage
curtain replacement, fire suppression/fire alarm system,
bleacher/backboard/scoreboard replacement, electrical switching
panels and gear, and artificial turf replacement.
6 of 20 April 2, 2019, Item #1.8
C. PURPOSE OF JOINT -USE FACILITIES
Joint -Use Facilities will be used in accordance with their main purpose, as
set forth in Exhibits A and B. It is understood that at times the facilities
may be used for other purposes; however, both Parties must approve this
type of use.
D. GENERAL USE
1. District will have primary use of all Indoor Facilities at all times other
than the days and times set forth in Exhibit A as "Days/Times of
City Primary Use."
2. City will have primary use of all Fields at all days and times set forth
in Exhibit B as "Days[Times of City Primary Use."
3. Each Party shall furnish all personnel and supervisory staffing, and
all materials, supplies, and equipment required for recreational
programs/activities conducted or sponsored by that Party.
4. City use and District use of joint -use facilities shall be at no cost to
either party
5. Each Party shall bear those costs associated with the use of the
Joint Use Facilities as set forth in Exhibits A and B, under the
columns "City Responsibility" and TUSD Responsibility".
6. Except for emergency situations, District shall advise City and City
shall advise District as soon as possible, but no less than thirty (30)
days prior to, the loss of use of any Joint -Use Facility.
7. City and District must mutually agree upon storage of equipment at
any Joint -Use Facility for a period longer than six months.
8. District agrees to make available to City the use of all parking
facilities on all District property adjoining the Joint -Use Facilities
during City Use.
9. Long-term parking by City or District is not permitted at any Joint -
Use Facility.
10. City and District programs shall have priority over all other requests
for use.
11. City and District shall each be independently responsible for
tracking and keeping accurate records of their indoor facilities and
fields use.
7 of 20 April 2, 2019, Item #1.8
3. JOINT -USE FACILITY SCHEDULES
A. Master schedules shall be developed and agreed upon by City and District
for each Joint -Use Facility, consistent with the provisions in Exhibits A and
B.
B. City and District shall meet each December and each June to review joint -
use requirements and coordinate use. A representative from each joint -
use facility shall be present.
C. Requests for use by entities not included in this Agreement shall be
submitted to City for times in which City has primary use (City Use), and to
District for times in which District has primary use (District Use), as set
forth in Exhibits A and B of this Agreement. Requests for use during City
Use hours by a District school or its school -related organizations, such as
Parent-Teacher organizations, other than the host school, must be
accompanied by an approval issued by District.
4. EQUIPMENT, IMPROVEMENTS, AND CAPITAL REPLACEMENTS
A. City and District shall provide any specialized equipment for their
respective programs. Replacement and maintenance of said equipment
will be the responsibility of the Party owning said equipment.
B. Either Party may install equipment and improvements at the Joint -Use
Facilities subject to mutual written agreement, which shall not be
unreasonably withheld. The Party installing the equipment or
improvements shall bear all associated costs, and meet standards
established in the California Education Code. Any work done on structural,
life or fire safety, or ADA compliance issues must meet all Division of the
State Architect (DSA) requirements, including DSA inspection
requirements. Title to such equipment or improvements shall remain in the
Party owning said equipment.
C. City agrees to consult District as to the type and specifications of
equipment and facilities to be constructed or modified on District property.
Any structures to be constructed by City shall meet all standards required
by the California Education Code and shall be constructed in accordance
with the requirements of the DSA. City shall furnish to District all plans
and specifications for approval by the District. District approval shall not
be unreasonably withheld.
D. Both parties agree to consult with each other on all construction schedules
prior to any improvements on District property. District shall grant site
access necessary for approved construction to the City so long as
construction does not interfere with the educational process of the District.
5. FACILITY USE ADMISSION FEES
City and District shall each establish fees for use of Joint -Use Facilities during
the time they have primary use, subject to review by the other party. Admission
8 of 20 April 2, 2019, Item #1.8
fees may be charged by either Party for facilities, events, and programs, but only
in an amount to cover the expenses incurred by the Party for the conduct of the
events and programs, including the salary of instructors. All monies so charged
and collected shall be and remain the sole property of the collecting Parry.
These fees will be in accordance with the Civic Center Act (Chapter 4 of Part 23
of Division 3, Title 2 of the Education Code of the State of California (Section
38130 et. seq.).
6. CAPITAL PROJECTS
A. In each fiscal year this agreement is in effect, including the fiscal year of
the effective date, City and District shall meet between October and
December to review potential capital projects and their impact on budget
development, and shall agree on which capital projects will commence in
the following fiscal year. For each capital project to which the parties
mutually agree, the parties shall determine a projected budget, and each
party's portion of that projected budget shall be reflected in each party's
approved budget for the appropriate year(s). For all capital projects, the
City and District shall be responsible for the costs in the percentages set
forth in exhibit a hereto.
B. Each party covenants that it shall not object to any capital project set forth
in exhibit C hereto, and instead, agrees that each capital project set forth
therein is and will be necessary. Exhibit C reflects projected project
timelines at the time of execution of this agreement. Changes to these
estimated project timelines shall be by mutual agreement between the
parties, which shall not be unreasonably withheld.
C. For potential capital projects not set forth in exhibit C, the parties agree
that as part of their obligations under section 6(a), each party shall discuss
such capital projects in good faith, and shall not unreasonably withhold its
approval of a capital project that the other party has determined is
necessary.
D. The City and District shall mutually decide which party will initially fund any
capital projects agreed upon by both parties. City and District shall share
in the costs of capital projects according to the relevant percentage split
for the facility where the capital project is located, as set forth in exhibit A
and B. Upon completion of a capital project, the party that initially funded
the project shall provide the other party with an invoice and back-up
documentation validating the final cost of the project. Reimbursement for
the relevant percentage of the entire cost of the capital project is due
within sixty (60) days of receipt of invoice and back-up documentation.
E. Maintenance and repair responsibilities associated with future structures,
upgrades or other installations on District property shall be mutually
agreed upon by both parties and established in writing at the time the
District approves the project. The City shall provide an amended or
updated agreement to reflect the changes.
9 of 20 April 2, 2019, Item #1.8
F. Any structures to be constructed by City shall meet all standards required
by the California education code and shall be constructed in accordance
with the requirements of the DSA. City shall furnish to District all plans
and specifications for approval by the District. District approval shall not
be unreasonably withheld.
7. REIMBURSABLE COSTS
A. Annual costs cited in the Agreement, which are incurred by either City or
District and subject to reimbursement, shall be reimbursed to the other
Party within sixty (60) days of receipt of the invoice requesting payment,
pursuant to Exhibit A. The billing party shall provide back-up
documentation validating the charges with the invoice.
B. All payments and reimbursements shall be billed and paid twice annually
by February 28 for the prior six (6) full calendar months and by August 31
for the final six (6) full calendar months of the preceding fiscal year.
8. EDUCATION CODE LIMITATIONS
In the use of the facilities subject to this Agreement, City agrees to comply with
all of the requirements of the Education Code of the State of California setting
forth the limitations, requirements, and restrictions on the use of school facilities.
9. EMPLOYMENT RELATIONSHIPS AND OBLIGATIONS
For facilities subject to this Agreement, all persons employed in the performance
of services and functions for the City shall be deemed City employees and no
City employee shall be considered as an employee of the District or under
jurisdiction of the District, nor shall such City employees have any District
pension, civil service, or other status while an employee of the City. District shall
not be responsible for the payment of any salary, wage or other compensation to
any City personnel performing services hereunder for the City. City shall not be
liable for compensation or indemnity to any District employee for injury or
sickness or wages arising out of his/her employment with the District.
For purposes of this Agreement, all persons employed in the performance of
services and functions for the District shall be deemed District employees and no
District employees shall have any City pension, civil service, or other status while
an employee of the District. City shall not be responsible for the payment of any
salary, wage or other compensation to any District personnel performing services
hereunder for the District. District shall not be liable for compensation or
indemnity to any City employee for injury or sickness or wages arising out of
his/her employment with City.
10. INDEMNITY AND HOLD HARMLESS
A. District shall hold harmless, defend, and indemnify City, members of the
City Council, and its officers, employees, and agents from any and all
losses, demands, damages (including costs and attorney's fees), or
causes of action arising from injury to property or person which may arise
10 of 20 April 2, 2019, Item #1.8
from District Use or sponsorship of Joint -Use Facilities subject to this
Agreement. However, District shall not be obligated to hold harmless,
defend, or indemnify City when the aforementioned claims arise from
dangerous conditions existing in or on City -owned buildings or facilities
that City had actual knowledge of and failed to correct.
B. City shall hold harmless, defend, and indemnify, District, members of its
governing body, and its officers, employees, and agents from any and all
losses, demands, damages (including costs and attorney's fees), or
causes of action arising from injury to property or person which may arise
from City Use or sponsorship of Joint -Use Facilities subject to this
Agreement. However, City shall not be obligated to hold harmless,
defend, or indemnify District when the aforementioned claims arise from
dangerous conditions existing in or on District -owned grounds, buildings,
or facilities that District had actual knowledge of and failed to correct.
11. STUDENT SAFETY
The safety and security of District students and staff are of paramount
importance. Therefore, use of Joint -Use Facilities by the City during school
hours will be limited to special requests and will require advance notice and prior
approval by the District. All Facility use by non -District users (both for City -
sponsored and other community events) will be governed by the District's Board
policies and administrative regulations regarding facilities use.
12. INSURANCE
A. During the term of this Agreement, each Party shall obtain and maintain in
full force and affect the following insurance coverages:
1. Workers' Compensation Insurance. Each Party shall provide
Workers' Compensation insurance in statutory amount.
2. General Liability Insurance. Each Party shall carry General Liability
insurance, Bodily Injury and Property Damage combined per
occurrence, in the minimum amount of $2,000,000 and $4,000,000
annual aggregate, and shall furnish proof thereof in the form of a
certificate of insurance, or other evidence of coverage if self-
insured, to the other Party within thirty (30) days of the effective
date of this Agreement. Each Party shall be added as an additional
insured to the other Party's respective policy.
3. Certificate of Insurance. Each Party shall deliver within fifteen (15)
days of the demand by the other Party, certificates of insurance or
self-insurance, which shall provide that no cancellation or major
change in coverage will be made during the term of this Agreement,
without thirty (30) days written notice to the other Party prior to the
effective date of such cancellation or change in coverage.
11 of 20 April 2, 2019, Item #1.8
B. Non -City and non -District users receiving authorization to use the Joint -
Use Facilities must meet the insurance requirements of the Party from
whom they receive authorization for facility use.
13. TERM
This Agreement shall become effective commencing on the Effective Date and
shall be in force for a period of ten (10) years. This Agreement may be extended
in three 5 -year increments by written agreement of both Parties, or may be
cancelled by either Party upon written notification not less than sixty (60) days in
advance of the end of the fiscal year.
14. NOTICE
Notices or demands hereunder given or to be given by City or District to the other
may be personally served upon City or District or any person hereafter
authorized by either in writing to receive such notice or may be served by
certified letter addressed to the appropriate address hereinafter set forth or to
such other address as City and District may hereafter designate by written notice.
City of Poway
Director of Community Services and
Director of Public Works
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Poway Unified School District
Superintendent
Poway Unified School District
15250 Avenue of Science
San Diego, CA 92128
15. AMENDMENT
The provisions of this Agreement may be amended or modified only by mutual
consent and written agreement of the respective parties.
16. DISPUTE RESOLUTION
In the event of any dispute or difference arising from this Agreement or from the
use or proposed use of the facility, then, in this event, said dispute or difference
should be settled and arbitrated jointly by the City Manager and Superintendent
or respective designee. If the representatives of the Parties cannot settle the
dispute, a neutral third party shall be selected by the Parties to serve as
arbitrator. The decision of the arbitrator shall be final, and both Parties expressly
agree to be bound by any decision. The Parties shall split any costs associated
with the third party arbitrator equally.
17. SUPPLEMENTAL AGREEMENT
City and District may enter into supplemental agreements to provide more
specific detail regarding the operation of any of the Joint -Use Facilities. If there
is any conflict between the supplemental agreement and this Joint -Use
Agreement, the supplemental agreement shall govern.
12 of 20 April 2, 2019, Item #1.8
18. INVALIDITY
The invalidity of any provision of this Agreement as determined by a court of
competent jurisdiction, shall in no way affect the validity of any other provision
hereof.
19. BINDING EFFECT
This Agreement shall inure to the benefit of and shall be binding upon City and
District and their respective successors and assigns.
13 of 20 April 2, 2019, Item #1.8
IN WITNESS WHEREOF, the City and District have signed this Agreement in
Poway, California.
City of Poway
Tina White
City Manager
ATTEST:
Faviola Medina
City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher
City Attorney
Poway Unified School District
Marian Kim -Phelps, Ed.D.
Superintendent
ATTEST:
Clerk of the Board
14 of 20 April 2, 2019, Item #1.8
Exhibit A
INDOOR FACILITIES
Joint -Use Facility —
INDOOR FACILITIES
Days/Times of City
Primary Use
City Responsibility
PUSD Responsibility
Twin Peaks
• Monday — Friday
• Routine repair and
• All routine repair and
Multipurpose Center
5 pm to 10 pm
maintenance costs annual
maintenance
14640 Tierra Bonita Rd
• Saturday and
reimbursement to District:
• Gas and electricity costs 100%
Poway, CA 92064
Sunday all day
$2,500
with 50% annual
• All day on non-
• Gas and electricity costs
reimbursement by City
school days and
annual reimbursement to
• Fire alarm system operation
holidays
District: 50%
and maintenance
• Monday — Friday all
• Telephone expenses
• Water and sewer service
day during summer
associated with Multipurpose
• Janitorial service: Monday —
• City and District
Center, except for District
Friday year-round except
shall mutually agree
extensions
during the summer months
to a schedule of use
• Janitorial service: Saturday
(July & August)
by the District for
and Sunday year-round, and
• Janitorial supplies: year-round
school activities not
Monday -Friday during the
• Provide city with key(s) to
to exceed twenty
summer months (July &
janitorial supplies storage, and
(20) uses per year.
August)
contact information for on-site
A fee may be
• Janitorial supply costs annual
year-round custodian
charged to District
reimbursement to district:
supervisor
for additional uses.
$3,500
• Provide janitorial deep
• Janitorial deep cleaning: 1/yr
cleaning: 2/yr during school
during summer
year
• Schedule joint -use time
• Refinish gym floor during
• Capital upgrade and major
District winter break
maintenance costs: 50%
• Submit use permit requests to
City on quarterly basis
• Capital upgrade and major
maintenance costs: 50%
16 of 20 April 2, 2019, Item #1.8
Exhibit A cont.
INDOOR FACILITIES
Joint -Use Facility —
INDOOR FACILITIES
Days/Times of City
Primary Use
City Responsibility
PUSD Responsibility
Meadowbrook
•
Monday — Friday
•
Routine repair and
•
All routine repair and
Gymnasium
5 pm to 10 pm
maintenance costs annual
maintenance
12320 Meadowbrook Ln
•
Saturday and
reimbursement to District
•
Gas and electricity costs 100%
Poway, CA 92064
Sunday all day
$2,500
with 50% annual
•
All day on non-
•
Gas and electricity costs
reimbursement by City
school days and
annual reimbursement to
•
Water and sewer service
holidays
District: 50%
•
Janitorial service: Monday —
•
Monday — Friday all
•
Fire alarm system operation
Friday year-round except
day during summer
and maintenance
during the summer months
•
City and District
•
Telephone expenses
(July & August)
shall mutually agree
associated with Gymnasium,
•
Janitorial supplies: year-round
to a schedule of use
except for District extensions
•
Provide city with key(s) to
by the District for
•
Janitorial service: Saturday
janitorial supplies storage, and
school activities not
and Sunday year-round, and
contact information for on-site
to exceed twenty
Monday -Friday during the
year-round custodian
(20) uses per year.
summer months (July &
supervisor
A fee may be
August)
•
Provide janitorial deep
charged to District
•
Janitorial supply costs annual
cleaning: 2/yr during school
for additional uses.
reimbursement to district:
year
$3,500
•
Refinish gym floor during
•
Janitorial deep cleaning: 1/yr
District winter break
during summer
•
Submit use permit requests to
•
Schedule joint -use time
City on quarterly basis
•
Capital upgrade and major
•
Capital upgrade and major
maintenance costs: 50%
maintenance costs: 50%
1. Purpose
The primary purpose of Indoor Facilities is to accommodate indoor sports and recreation
activities that are organized by the District, City and Poway Sports Association.
2. Use
City will have access to all space within the indoor facilities including gymnasiums, lobbies,
rooms, closets, storage, offices, stages, and restrooms. District will ensure all space within
the indoor facilities is clean, maintained, operational and ready for city use.
3. Equipment
City will provide and use display cases/bulletin boards in the lobby of indoor facilities.
16 of 20 April 2, 2019, Item #1.8
4. Security
District will provide City with keys to the indoor facilities. Both Parties agree that the
number of keys issued to City and District personnel should be limited. City will maintain a
list of people who have been issued keys.
5. Janitorial Services
City and District shall both provide janitorial and general cleanup services as described in
Exhibit A. City and District shall jointly set a schedule, guidelines and standards of custodial
maintenance, which shall be monitored by both Parties. Deep cleanings shall apply to all
rooms, space and components within the indoor facility. The maintenance schedule shall
be posted onsite with copies to appropriate City and District personnel.
6. Janitorial Supplies
District will purchase and provide all janitorial supplies year-round (including during the
summer months) for operations carried out by both parties as described in Exhibit A.
District will provide city with key(s) to janitorial supply storage, and contact information for
the on-site year-round custodian supervisor responsible for purchasing and maintaining
supply inventory (including during the summer months). City will reimburse the District
$3,500 per year/per site for janitorial supplies (not to exceed $7,000 total per year).
7. Routine Repair and Maintenance
Routine repair and maintenance for indoor facilities includes keeping the facility in a safe
operating condition, painting interior and exterior, interior and exterior lighting, plumbing
repairs, HVAC repairs and maintenance, glass repair and replacement, pest control, door
and lock maintenance and repair, water heater maintenance and repair, floor maintenance
and repair including refinishing, maintenance and repair of gym equipment including
backboards, fire exit signs and other safety items, and utility repairs. Routine repair and
maintenance that impacts safety and/or program operations must be made by the District
within 30 days of notification.
8. Capital Upgrade and Maior Maintenance
Capital upgrade, replacement and major maintenance (beyond routine repair and
maintenance) for indoor facilities includes the following items: HVAC replacement, flooring
replacement, roofing, stage curtain replacement, fire suppression/fire alarm system,
bleacher/backboard/scoreboard replacement, and electrical switching panels and gear.
City and District shall share in the costs of these capital upgrades, replacements and major
maintenance items with the City responsible for 50% and the District responsible for 50%
and only upon mutual determination and agreement between both parties. Payment
logistics such as sharing vendor payment responsibilities 50/50, or one party assuming all
vendor payment responsibilities and the other party assuming 50% reimbursement
payment responsibilities, will be dependent on the project and mutual determination of both
parties.
17 of 20 April 2, 2019, Item #1.8
Exhibit B
FIELDS
Joint -Use Facility -
Days/Times of City
City Responsibility
PUSD Responsibility
FIELDS
Primary Use
Meadowbrook Middle
• Monday — Friday
• Routine repair and
• All routine repair and
School
4 pm to 10 pm
maintenance costs
maintenance of artificial turf, per
Upper Artificial Turf Field
. Saturday and Sunday
annual reimbursement
manufacturer's requirements, to
12320 Meadowbrook Ln
all day
to District: $5,000
maintain warranty
Poway, CA 92064
. All day on non -school
• Field lighting costs and
• Irrigation
days and holidays
maintenance of lights,
• Submit use permit requests to
• Monday — Friday all
timers, and meters
City on quarterly basis
day during summer
• Schedule joint -use time
. Capital upgrade and major
• City and District shall
• Capital upgrade and
maintenance costs: 30%
mutually agree to a
major maintenance
schedule of use by the
costs: 70%
District for school
activities not to exceed
twenty (20) uses per
year. A fee may be
charged to District for
additional uses.
Valley Elementary
• Monday — Friday
• Routine repair and
• All routine repair and
Artificial Turf Field
5 pm to 10 pm
maintenance costs
maintenance of artificial turf, per
13000 Bowron Rd
. Saturday and Sunday
annual reimbursement
manufacturer's requirements, to
Poway, CA 92064
all day
to District: $5,000
maintain warranty
• All day on non -school
• Field lighting costs and
• Irrigation
days and holidays
maintenance of lights,
. Submit use permit requests to
• Monday — Friday all
timers, and meters
City on quarterly basis
day during summer
• Schedule joint -use time
. Capital upgrade and major
• City and District shall
• Capital upgrade and
maintenance costs: 30%
mutually agree to a
major maintenance
schedule of use by the
costs: 70%
District for school
activities not to exceed
twenty (20) uses per
year. A fee may be
charged to District for
additional uses.
Poway High School Field
. July 3, 4, 5 all day
• All routine repair and
15500 Espola Rd
maintenance of artificial turf
Poway, CA 92064
• Operation and maintenance of
field lights
• All utility costs
• 100% of capital upgrade and
major maintenance costs
Purpose of Fields Program
The primary purpose of Fields is to accommodate outdoor sports and recreation activities
that are organized by the District, City, and Poway Sports Association.
18 of 20 April 2, 2019, Item #1.8
2. Fields Maintenance
• District shall be solely responsible for and shall execute the routine maintenance and
repair of all District real property and installations such as fences, equipment, fields, turf,
irrigation systems, etc. District will maintain artificial turf fields per field warranty
standards including inspections, brushing/raking, field markings, metal removal,
weed/pest treatment, carpet cleaning, fabric/seam repairs, and infill installation,
replacement, decompaction, and redistribution.
• City will reimburse the District $10,000 total per year for the routine maintenance and
repair of the artificial turf fields at Meadowbrook Middle School and Valley Elementary
school field ($5,000 per field). Routine maintenance and repair is defined by
manufacturer's requirements to maintain warranty
• City is responsible for field litter removal during and after City events. Non -City permit
holders are responsible for field litter removal during and after their events. District is
responsible for litter removal at all other times.
• No vehicles are allowed to park on fields.
• City and District shall cooperate in protecting the Fields and shall limit use during times
where both Parties mutually determine and agree that field use may result in damage,
unsafe surface, or interference with repairs or restoration.
• City and District shall periodically review maintenance standards and practices and
mutually determine and agree upon recommended changes.
3. Utility Costs
• District is responsible for water and sewer costs for all fields.
• City shall pay all electrical expenses associated with field lighting at Meadowbrook
Middle school and Valley Elementary School.
• If District uses field lighting, City may bill the district for the light use on an annual basis.
4. Capital Upgrade and Major Maintenance
Capital upgrade, replacement and major maintenance (beyond routine repair and
maintenance) for fields is only applicable to Meadowbrook Middle School artificial turf field
and Valley Elementary artificial turf field. City and District shall share in the replacement
costs, to include labor and materials, with the City responsible for 70% and the District
responsible for 30% and only upon mutual City determination and agreement between both
parties.
19 of 20 April 2, 2019, Item #1.8
Exhibit C
LIST OF ANTICIPATED CAPITAL PROJECTS
Fiscal Year
Projects: Meadowbrook Gymnasium
Total Estimated Cost
$14,048
FY20
Concrete masonry (on top of building)
City obligation 50%: $7024
District obligation: 50%: $7024
Fiscal Year
Projects: Valley Elementary Field
Total Estimated Cost
$539,070
FY24
Artificial turf
City obligation 70%: $377,349
District obligation: 30%: $161,721
Fiscal Year
Projects: Meadowbrook Field
Total Estimated Cost
$845,604
FY25
Artificial turf
City obligation 70%: $591,922
District obligation: 30%: $253,682
20 of 20 April 2, 2019, Item #1.8