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IGA; Boulder Valley School District; joint use of city parks and facilities; Exp 8/20/2020 1 OFFICE OF THE CITY ATTORNEY AUG 16 2016 to: STANDARD Contract Routing Cover Sheet Please print and attach to your document You can view the status of your contract using the Contract Tracking Status Page, Routing Number 20160815-2079 Originating Dept Parks &Recreation Contact Person Dean Rummel Phone Number 13034414427 Project Manager/ Contract Dean Rummel E-mail rummeld@bouldercolorado.gov Administrator Counter Parties Boulder Valley School District Contract Title/ Type Joint Use A9z m ^t Number BVSD JUA 2016 Description JUA establishes a relationship between the City and BVSD for use of City parks and facilities for S_.gAEa,S Lr& over 5 ears. Special Instructions Route to Sandra Manes in CAO, COI not required - see Sandra for details, Amount $115K Expense Type JINCOMING Dept. Head Signature SN ; Originating Department: Identify a check mark all areas document needs to be routed. �,^*+t�n��" Uurchasing Budget •/ Sales Tax v� CADV City Manager Central Records G) rZ+ 1. -! r :. NO rn haps:/work.bouldercoloredo,gov/ContractTracking/servIeVControJier III i Joint Use Agreement Joint Use Agreement Executive Summary This joint use agreement.is between the Boulder Valley School District (District) and the City of .Boulder (City), The District agrees to allow the local government to open for community use designated school district recreation facilities, such as g3armasiums,playgrounds,blacktop areas, and playing fields during time such as evening, weekends, holidays, and school breaks when the District isnot using the facilities. In turn, the City allows for third parties, authorized by the City such as youth organizations or youth sports leagues, to operate recreation programs using school facilities. 'The City will also open designated City facilities for District use. The attached agreement will designate the specific recreation facilities to he opened for use and address access, security, supervision, maintenance, custodial services, and repairs or -restitution. In addition, the A.greemcut contains a procedure for resolving disputes, a mechanism for scheduling use of the.facilities,and an allocation of costs, risks,and insurance. The agreement requires that third-party users comply-with-the District's existing policies and procedures and with City of'Boulder's Park and Facility Rules; I i I 1 of 36 i AGREEMENT B-E,TWEEN BOULDER VALLEY SCHOOL DISTRICT AND THE CITY 4 OF BOULDER FOR USE OF RECREATION FIELDS AND FACILITIES This intergovernmental agreement("Agreement") is made and entered into this Ist day of Jlanuar;y, 2016 by and between Boulder Valley School District(",District'or"BVS:D") and the City of Boulder, a Colorado borne rale municipality elCity"or"COS") (collectively "the:Parties"). RECITALS bV+IER'EAS, the Parties are auUrorizcd to enter into this Agreement ,pursuant to the C.R.ti. § 29-1-203 et. seq., 46'IiEEEAS, C.R.S. $29-1-203 authorizes%encourages school districts and . cities to orgmiizc, proinotr, and conduot corrrnrva'uity reereatiou programa and activities to promote the heahli arnd neneral weltlare of the community; and VE E'.R.f AS, the District s the owner of real properly ill the City, including'facilities and active use areas that are capablc of being, used by the Crly for coir u.it ity recreational purposes; and i WHEREAS, the City is the owner of real property in the City, including taeilitics and active ase areas that are capable of b&ig used .by the .District for school recreational purposes; auuS CWHERFAS, wader a}ipropr�iate circumstances, these publicly held lauds and _faclit.ics should Ibe'eused most ehfticitaidy to maxituize use and increase recreational Opportunities for the communhy; N IA REAS, NOW, TFII•",1tEtFO.RE, the Dislrict and the City ttgq-oc to cooperate with each other as follows: 1. Term Ties ��gieement will begin on aanuury 1, 2016 aul will continue fior a period orf S (five)ycars, and then shill be aatowattG'i'ily felle7wed -for oue stabsequent three-year ldreu uctless sooner tenmivated as piovided in Setution !19. 2, Effective Date This agreement shall lie ftectivc upon signature ofdc,iottatcd officials and upon inspcetion of affected property as described ill Section 3 by District and City officials. i 3. Cuoperativo Agreement As providtd hterc.in, the District a'ml the City ag'ee to cooperate in cot,rilinating prri ;r.rcns and activities ccmductc;d on all their respczti'«e-facilities listed on Attachmew A ("District Property") and At'MchnreutB("City Property") 'Che District i 2. of:36 i and the City shall have the right to add or exclude properties during the term of this Agreement,provided that any such change shall be in writing and approved by both the District and the City. Reference to District Property or City.Property in this Agreement shall include die facilities and the property upon which the facilities are located. As used in this Agreement, "Owner" shall mean the party to this Agreement that owns a particular property and for facility covered by this Agreement, and "User" shall mean the other party using the Owner's property and/or facility under the terms of this Agreement. 4. Permitted Uses a. District Property L District Use "District Use"shall be defined for this Agreement as the dates andaimes that schools in the School District are normally in session. (School is typically in session from the second week in August through May.) District-Use also includes such times as District Property is being used for District or school- sponsored activities, including activities prescheduled by individual schools, at their own school site or at other sites covered by this Agreement,that take place ` after school hours, on weekends,and on school holidays and vacations. ii. City Use { When not in use by the District and subject to the schedule developed by the District and the City, the City, and Third Parties authorized by the City, will be entitled to use,without charge;District Property as listed in Attachment A, for community recreational and cducatiorial purposes for the benefit of District students,the District, and the City at large. The City's obligations under this Agreement shall apply to Third Patties using the District Property. The City shall be responsible for ensuring that Third Parties comply with all obligations under this Agreemeut when using District Property. The City shall observe/ensure BVSD Board PolicyKVKF-R(Attachment.0 District rules,regulations, and policies,)while coordinating community recreational activities on the District Property. In plamting programs and scheduling activities on District Property, the safety, academic,athletic, and recreational needs and opportunities of school-aged childt� n will be the highest priority and be adequately protected. iii..Third-Party Use The term"Third Party"as used in this Agreement shall mean any contractors hired by the City far City recreation programs. The City and the District agree that in providing access to District Property for use other than by the.District or the City, the following priorities for use shall be established: Category l: Activities for youth Category 2: Activities for adults 3 of 36 I i b. City Property i. City Use The Cityshall be entitled to priority use over'.Distsict arse a)'f City Property for the rcgalar conduct of parks, reereation, and conanunity servize activcil'ics and/or programs. R. District Use Whcn not in use by the City and subject to the sc'hed'ule dcveloped'by the City and the District,the City will permit the District use of City Property as lis'teii in Attachment B and as outlined iu Attachment C, for District educational and recreational activities andlorprrograms, provided such rue by tate District.is in acctxrdance with ait City rules, regulations,policies, acrd city code Provisions. 5, C:o.nrpliance with L,avc All use Of-District'and City Property shall be in accordance with state and local tavv�, C. R. S. a4) { ?03 in Phe case a!'a con3lict. between the Perms of this A �tccunnt anti the rx uirenmearts a4' state loco, state Ixav s9tall ov`itai. Any actions taken by the District or the City tliat are required by start:law, but are ire msistenk with the jmvls of the Agrevtueatt, stall not be construed to be a breach or delhult orthis A,p&inc!nt. b. Cotninrsnication a. Designation Of[;nrpinyccs - The District and the City shall'respectively designate an employee vvnih whom the other party, or any autlrari.zed agent of panty,may confer regarding the terms of'tbis Agreement. h. Joint Use.Interagettcy Team The-District<ind the City shall establish a,oint Use.Interagency Teatxi co-mposed of staff representatives or the.District and tltc City, to develop the schedule for use or District and City Property, to recommend rules and regulatiotrs for the District and City to adopt, to implerrtent this Agreement, to monitor zmd evahtate the joint use .project and Agreement, and to confer to discuss interim ptohlcros during the term of the .Agreement. I i. The #U1T shall hold conference calls or tneetintrs bi-afifnally to review the performance of the joint use project and tit eonfer to discuss in Brim problems dtuiirg the 'tarm of the Agreement. If the Ji i'r is una l"Ic to retail a solution on a parr icular matte•, it will be referred to 13VSD Assistant Superintendent'of o-peruticlos,and COTS Parks and Recreation Divector, or ttwic dosignces, tae resolution. i'i. The J UIT shad l rev im the Agreement once each yv'ar to evaluate tiro joint usrr project, i11,wrrninc changes to the schedule_ and to propose amendments to (his, Agreenncnt. 4 of 36 f ill. The hours and tine of facility use shall be reviewed and adjusted as needed every six 6 months at the JUIT meeting. 7. Scheduling Use of City Property a. Master Schedule The District and the City shall develop a schedule for joint use of District and City Property to allocate property use by the District, City,and Third Parties. The City will give the.District priority scheduling for the facilities outlined in Attachment A. The District will give the City priority scheduling for facilities outlined in Attaclunent 13. The JU.IT shall discuss the schedule,reviews and evaluate the status and condition of jointly used properties and modify or confirm the upcoming season's schedule at the regular bi- annual meetings or at such other times as mutually agreed upon by the District and City. b. Scheduling of City Property The City shall have the responsibility of scheduling the use of City Property when the City and the District are not using the Property. c. Scheduling of District Property The City shall be responsible for scheduling Third Party use of District Property using the priorities established in section a (a)(iii) and shall be entitled to revenues generated through said Third Party use,pursuant to Section 9(a) below. The use of District 'facilities shall be in accordance with the most recent regular procedures of the District for granting permits for the use of school facilities, as set forth in the District's policy XF-1t, attached hereto as Attachment D and incorporated herein by reference, as it may he amended from time to time,or as otherwise provided by the Agreement. 8.Documentation and Allocation of Operational Costs a. Tracking Use of Facilities The District and the City shall each track use of their respective Properties under this Agreement. i b. Documentation of Costs The District and the City shall maintain records of costs associated with the.Agreement. i 1 c. Payment of Overtime Each party shall bear the cost of any overtime incurred by their employees in carrying out this Agreement. Each party shall provide to the other party an accounting on an annual basis of all overtime costs incurred as a result of overtime duties carried out by their respective employees. d. The District and die City will firm-up schedules and facility use at the JU1T meeting for the coming 6 months. Adjustments to costs will be determined and applied towards exchange of benefits. 5 of 36 9. Tees and Charge a. Tecs According to the agreed upon use schedule, the City may charge reasoudble and nondiscriminatory user fees to'Third Party vises for.ase of District property, The City uund District will establish a fee schedule forThird 'Party Users dertermi tied by and comuruniemed by both parties at the JU I'I' meeting.The City Pee schedule shall not exceed user.fecs estab.lishcd by the District. b. 'Documentation of Fees The District and City simll maiataki records of costs associated with the Agreement, c. Annual.Review of Benefits The District and City's 7i.111'shag at- tually.rev:iew the exchange of beaetits based upon hours of use, costs, fees, and charges, at-capital:investments., including the review of j available Service hxpansian Fee (SFF) dollars, It is anticipated that the Parties will work cu good faith to reduce exchange of cash compensation over time as new District Properties rcferenced herein becorne available for the:gencratl public's use. Scheduled exchange of compensatian shall be set forth io Attaeiannent C, The'Parlies long term goal is.tor the-District to be able;to provide additional properties for the City's use rather than snaking payments. if additionli'I properties beconto avtrilable ata later date the parties agree to discuss changzi to paymati ars:ntgentemts. lilowever, .i'f the District-fails to make timely payments under the current terms, the City will have the discretion to exercise.its right to termination, 111striet payment shall be made to the City no later than Jaejoary .1 each'year dtuittg the Teem of this Agreement and asset fortis in Attactuncnt C. No money shall be exchanged as cornpensatiora foe`any single year's imbalauae past',_UIts. 3'.he.TLII'.f shall detcxtniue ao athernate,plan for more than one year, but less thau three years of imbalances. 10.lrnprovements i a. The District shall obtain prior w ittea causettt al'rthe City to make tory alterations, additions, repairs or improvements to C;ity"Property; the City shall obtain prior written consent of the Distriet to make any alterations.additions, repairs or impravements to District Property, b. .Any such alterations, additions, repairs or imprtwetiient's will be at the expense of the requesting party, utlless otherwise atrced. c. Each party may, Tor rood cause,t-equ,h-e the demolition or removal of any temporary/permanent alterations, additions,cepa-firs or it.nprovements male by tate other party at'the expense of•thel'arty that made sock alteration, addition, repairs or improve,mant, i 6 of 30 i 4 d The Owner retains title and possession of all land and facilities covered by the Agreement. Capital improvements become the property of the Owner regardless of which party made and/or paid for the improvements. C i 11.Interagency Training Tile District and the City shall operate a joint training and orientation program for key personnel implementing this agreement. Monitors for both parties and supervisors at the District and the City would go over procedures relating to the use of such things as keys,opening buildings, emergency procedures. This shall be all agenda item at the interagency bi-annual meeting. The District and the City shall be responsible for ensuring their employees attend the training, 12. Supervision, Security, and Inspections a. Supervision and Enforcement The City shall train and provide an adequate number of competent personnel Wsupervise all activities on District Property. The City shall observe/cnsurd'$VSD Board Policy KF/KF-R (Attachment E) is followed while coordinating activities or programs on District property. . The City shall provide a City employee on site for all indoor programs on the District property. Outside programs shall be under the management 4yf the City but may not have an on-site supervisor. For pool access,the City will provide a City employee to open and close the Recreation Centers if used before or after hours for District Use. City will also supply an appropriate number of lifeguards based on City Policy. 'For Scott Carpenter Parlc access, the City shall provide a City employee to open and close the facility when used by the District. Neither party shall bill for monitors or supervision of their facilities. b. Security The District shall provide only City employees with access to District Property. The District will provide keys, security cards,and training as needed to the City's identified employee(s) responsible for opening and locking District property while supervising activities or programs, District keys and security training will not be allowed to Thud Party users. c. Inspections and Notification The User shall inspect the Owner's Propctty after use to ensure sites are returned in the condition tlrey were received. The User shall ensure the Owner is notified within 48 hours in the event that the owner's Property suffers damage daring User's use. 7 of 36 i i 13. Supplies &Equipment The User sha91 fuurnish and supply all expendable materials and recreational equipment necessary to carry out its prat mms wUlc usiing1he Owner's Property.Ala i1lVC1lto9:V ofexisting equipment � will be noted by file updated on an annual hams. i 14. Maintenance, Custodial Services, Rud Toilet Facilities a. Maintenance The Usor agrees to exercise dile cat•e in 4be use of the Owner's Property. The Uscu ;stall oiuh:ing the time of its use, !seep dic Owner's Property in neat order. The'District rctains responsibility fihr maintematce of District property unless otherwise stated inAiiachment A. T.tte City retains responsibility for maintenaacc of Cky"Property intcluding as staled in parag ra'ph ab4(c) "Toilet Facilities". The theater will be respo.nsible for normal maintenance of all Troperties at basic level of service sallject to normal wear auil tear. The Owner shrill notify tae User of any known change in condition of these Properties. i. The Parties m wee that their respective properties under•this Agrcemetu will be maintained as clean, sale and in general goods€pair throughout the Temm or any extension thereof Unless otherwise stated in this Agreement, each Owner shall he solely rogiousible'far the repair,, m6nteuartce and reasonable sai'e operation of their properties, including and not limited to, existing or improved infrastruciurc on diose properties such as sprinkler heads, irrigation lines, turf; fencing., backstops, acial posts,water•rouatains, lighting, waste rceeptaeles,resbroonaa,net and flooring. ii. Mai"ntcoaoce by [lie City as set forth in Attachment A and below under 1411c'I °7"oilet.Facihties, oil any District property covered by this.Abrcernent shall be performed during weekday daytime bou.rs as 'agreed upon by the parries. iii. Each of the parties is responsible for continued operation o;futilities servicing, their respective properties under this agreement regardless of ku e or maiimcnauce herein. h. Ctustodial 1'110 Owner shall i'mAc:its irashret:eptacles available (luring tha User's use of Owner's Property. The [.)ser sihall eneour'agc community users to dispose of a ash in the trash receptacles during its Use. e. Toilet Facilities The City may place temporary, portable,restroom facilities at the District's outdoor Properties at Uhe discretion of Use District. 1't shall be ilre responsibility of the City to a maintain these facilities. f 8 of 30 15.Parking Motor vehicle triad bicycle parking shall be permitted in adjacent owner;parking lots by community users during City use or District use of a site on a first corne,first served basis. 16.'Restitution and Repair Unless otherwise mutually agreed, the User shall be wholly responsible to fund the repair or replacement of any and all damage or vandalism to the Owner's Property occurring during the User's use of that Property. a. Reimbursement Procedure The Owner shall provide notice by sending an invoice to the User's designated employee within thirty(30) days of completion of repairs or replacement of damaged Property. The invoice shall itemize all work hours, cquipment,and.matctials with cost rates as applied to the repair work. if the repair is completed by a contractor,,a copy of the contactor's itemizedstatement shall be attached. Actual costs shall be reimbursed if less than estimated and/or fixed costs. The User shall reimburse the Owner within ninety(90) days from receipt oCsuch invoice. b.Disagreements The User shall retain the right to disagree with any and all items of damage to buildings or equipment as identified by the Owner,provided this objection is made within 10 days of User receiving notice from Owner, 1. T.hc'User shall notify the Owner of arty objection in writing by letter, or email to l the Owner`s designated employee. The User shall clearly identify the reasons for refusing-responsibility for the damages, .Failure to.file the objection within the prescribed time period shall be considered an acceptance of responsibility by the User. fl.A.fter.proper notification,members of the•IUIT,or other designated employees of the City and District,steal l make an on-site investigation and attempt a settlement of the disagreement, ill, In the event an agreement cannot be reached, the matter shall be referred to the City's('arks and Recreation Director and 13VSD Assistant"Superintendent of Operations,or their designees,for resolution. iv. The Owner shall have the right to make immediate emergency repairs or tgplacements of Property without voiding the User's right to disagree. 13. Liability and Indemnification Nothing contained in this Agreement shall constitute any waiver by the City or the District of the provisions of the Colorado Governmental Immunity Act or any other inrtttunity or dcfetase provided by statute or common law, a. To the extent permitted by law,the City shall defend, indemnify, and!told the District, its officers, employees and agents,harmless from and against any and all liability,loss, expense, attorneys'fees or claims for injury or damages, arising out of the perfonnatrce of 9 of 36 1 t this Agreement,but only in proportion to and to the extent such liability, loss,expeuse;, attorneys'fees, for claims for injury are caused by or result from the negligent or intentional acts or cnni3sions of the City, its officers, agents, or employees. b. To the extent permitted bylaw, the District shall defend, indemnify, and hold the City, its officers, employees and agcots, harmless from and against any and all liability, oss., expense., attorneys;'fees or claims for injury or damages, arising out of the performance of aids Ageement,but only in progortton to ani to the extent such liability, .loss,expense, attorneys'fees, of clainis fit miiury are caused by or result from the negligent or intentional acts 017 ouri—ions of the District, its offiecrs, agents, or employees. 753.Insurance The.District and the City agree to provide the following insurance in connection with this Agreement, a. Commerc.iai.l Gem-i-al .Lial)Kity for bodaly injury and property damage, including Personal 'Injury and Blanket contractual, with limits of$1,000,000 per occ'arrettce smd $'2,000,000 aggregate. b, Workers'C'omparisation coverage, ars rcquired.by Colorado law. c. Documentation of Insurance. The District wind the City shall provide to each other a certificate of insurance each year this Agreement is in effeet showing proof of the above coverage. In the evc.m the District or the City is self insured for the property and general liability coverage, the entity.hereby certifies that it shall mai tnaiu coverage adequate to meet its liabilities and up to the, limits sct 'fbrth in the Colorado Clovernmental lmmunity _Act. 1.9. 'rermination This Agreement may terrn.ivated at any time by ciblter party with 90 days' written notice. 20. Cenend'Provisions a. This Agreement constitutes the entire widen standing between the parties with respect to the sufijcct matter and nothing in this Agreement shall a0ect any other agrcemcut between the City and tine District now in effect. This Agrenncnt slmll replace, void, and supersede any and all existing or ibmier joint use or lease agreements between the'Nartics which shall come under the govexatauce of this, Agreement. k b. Neither party shall extend the faith or credit of the other to any'third person ar entity. c. 'This.Agrecanent shall bebindinu upon fine Panties and their successors in interest, 1 d. Any notice required by this Agreement shall be in writing, made by hand del ivtnry or j certified mail, retarn reecipt requested,or by email to a valid email address as stated below or as npdai.ed in the futirre and addressW to One fallowing: i, 10of36 I i 4 i i Assistant Superintendent of Operations Boulder Valley.School District P. O.Box 9011 i Boulder,Colorado 80301 Email address:don.orr ir)bvsd.org i Parks and Recreation Director City of Boulder Parks and Recreation Director 3198 Broadway-IRIS Center Boulder,CO 80304-2644 Email address:bowdeny(igboulder-color-rdo.gov e. Notice given by band-delivery shall be effective immediately and notice by all other means shall be effective three(3) days after.it is deposited in the United States mail depository correctly addressed with sufficient postage for delivery or emailed to a valid email address and to the authorized representative of the party as indicated above. i f. The rights and obligations of the parties under this Agreement shall be interpreted and construed in accordance with Colorado law. g. The parties represent that the individuals signing this Agreement on their behalf possess full,power and authority from their respective governing body or board in compliance wish Colorado law. h. Waiver of any right under this Agreement shall not operate as, or be construed to be, a i waiver of any subsequent brcach of the same or any other provision of this Agreement. 1. No provision of this Agreemeni shall be assigned by either party without prior written consent of the non-assigning party, i ,j. Each party agrees to perform all other acti and execute and deliver all other documents as maybe necessary or appropriate to carry out.and purposes of this Agreement. L Each provision of this Agreement shall be severable. If any provision is held invalid, l contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction, the remainder of this Agreement shall remain in effect. 1. Whenever the term"day"or"days"appears in this Agreement, it shall be construed as business day(s) not including holidays or weekends. i 21—Amendments This Agreement may not be modi I ied, nar may compliance with any of its terms be waived, except by written instnnnent executed and approved in the same manner as this Agreement. 22.Any Additional Provisions Required by Colorado State or Local Law. 11 of 36 E 1 I 23. Fund Availability Financial obligation, of tltc District or the City payable after the current fiscal year we contingent upon foods fin•that paipose being appropriated, buiigeted, and otherwise made available. i 24. No Third Parte R lits This Agreement is.For the henefit of the District and the City and creates no rights iiia third parties. 25. Negligence; Notwithstanding any other provision oftliis.Anrecineut to the contrary, no fern or condition of this Agreetneet shall lie Construed or interpreted as a waiver, express or implied, of arty of Ghe imvitinities,riglus; benefits,pi-axtion, w otherprovisions of the C-olonado Governmental lav:nunity .Act„ Section 24-10-101 et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for cMims for injuries to persons or izroperty arising out of negligence of the City or BVS0,its departute'uts, institUliaitS, agenoies,boards, officials and employees is controtticd and 1i.mited by the provisions of Section 24-10-01 et,;eq., C.R.S., as now or hereafter amended. I 1 12 ol'36 r i t DATF,D this i day of 4z % 12016 f THE CITY OF BOULDER, COLORADO City Manager 1777 Broadway APPROVED AS TO FORM Boulder,CO 80302 FICE OF THE CIN ATTORNEY ATTEST: i City and County Clerk I BOULDER VALLEY,S'LP,OOL DISTRICT Sam Fuqua , - President, Board of Edadation Legal Counsel for Boalder Vallcy School District ATTEST: Board Secr�taty, Boulder Valley School District 1.3 of 36 I ATTAC.I-iV'ILN'1 A City use of'District Facilities Facil:ides not listed in this agreatnetat are rtnt applicable to this Agreement and may be reit ted by BVSD under other terms. C'itty [Ise: j Centennial Middle School -Track and Artit3cial.Rectatigular Field • Aaiticipated buildiuse-August 2016 � Sohoolyear(August-6-1'ay) r Tvlonday-Friday, 6:00- X:00.p..nu, (90 days) Saturday& Suaday, 10:00 a.m.• -4:00 p.w, (50 days) Centennial Middle School -Gyrutasium • Auticinattd build;`use- August x.018 August-lvliy usage;access '60 days) 1 9 Tue'Wed. 6!30- 11:00 p.nt.. Centemtial.Middle School-'rennin Courts • Year-round r Open access Stbtctaled/Progra!nmed/Maintained by COB BHS 'I'enais selteduli.!:tg.hz!s prioritt } naanhattan Middle School -Track and Artificial Rectangular.Field • Anticipated build use- A1!gust 2016 r School year(August-May) i* Monday- Friday, 6:00-5:00 p.ix- (90 days) Saturday&Sunday, 8:00 a.!ti. -8:00 p.rn. (SO days) Manhattan Middle School Gy�mnasiuhi + .A.!rlicipated betildritse-- Augnsi 20.18 August - May usage/aai.ess ('120da),$) r Mon-Thurs,6:30- I i:00 p.m. EisenhowerElementary School - Arapahoe Ridge Park Diamond fields and Tennis Courts • ly"[ttcch-Nwontber usage rtcce� Y Monday-Friday,X1:00-8:00 p,n�.i. I 1 Scheduloti.-l'rof;tamntetlllviai'n'tai'!t'ezl by COB District-Bussing Services-Sum'mer Camp June to August Y t staffed 70mpassenl;cr school bttss I day,wcelt f ,r 12 weeks i 14 ot'36 i ATTACHMENT B W District Use of City Facilities Facilities not listed in this agreement are not applicable to this Agreement and may be rented by COB under other terns. BVSD USE: South.Boulder Recreation Center Lap Pool • Practice(24 weeks) ➢ 60.hours/week between the hours of 3:45-5:45 p.m. (6 lanes) 15 houWweek between the hours of 7:00-9:00 a.m. (4 lanes) • Meets(up to 4 meets) 12 hours(6 lanes) North Boulder Recreation Center Lap Pool • Practice(24 weeks) i 34 horns/week between the hours dC3:45-5:45 p.m. (5 Umcs) • Meets (up to 4 meets) D 12 hours(8 lanes) Scott Carpenter Field • Spring(March-June) Y .BHS Baseball scheduling ias priority r' 3.2 hours/week for practice and games • Summer(June-August) BHS Baseball scheduling has priority A 10 hours/week in 2016 r 15 hours/weekin 2017 D 24 hours/week 2018 and beyond • Fall(August-November) S 131-1S Baseball scheduling has priority ? A 24 hours/week 15 of 36 1 r\1'TACI3hiLIVT C i Payment Sel+edule for Anticipated Joint and Reciprocal Use* Year City Usage BVSD Usage Difference Payment to City 2016 $27,980 $83,236 ($55,256) $50,000 2017 $52,460 $88,356 ($35,896) $35,000 2018 67,460 $97,536 ($30,076) $30,000 201.9 $82,160 $97,536 ($15,076) $0 2020 $82,460 $97,536 ($15,076) $0 (*) Subject to amendment based on availability of District Property-New builds are. prpjccte{1 to be complete by 8/18. .In the case of delayed eanstruction, the City tutitl.l'lle Distriet sliaill re-,negotiate this paymera scheduled for 2019 and beyond. Payments made by Distriet to (.ity as follows: Deceutber 31, 2016: $50,000 A= 30, 2017: $17,500 December 31, 2017: $1.7,500 June 30, 2018: $15,000 June 31,2018: 5.15,000 No money shall be exchanged as compensation for any simile year's Imbalance nast 2018. ' f i I 16 o1'36 i ATTACHMENT D Explanation of Benefits Ii I 17 of 36 ATI'ACH.NIENC D Explanation of Benefits Fodlity Hourty YearfOate- - Nome school used Gays used Hours of use cost Total Cost Open COB useo BVSO Property Centenial Middle 6-8 PM 2 y:oms X 90 School Track/Field Au -MaY(M-F)-9C days days=1SChaurs $5100 180X51=$9,180 Fa'[20:L6 101M ;PMX5Cdays Track/Field Au May(SatJSme)=�50days 300`ours� 551.00 300X51=$15,300 Pad!20.16 6:30 pm-llp,m X60 New Gym Aug-May 2 days awmk=60 days=279 hours $37.00 270X37-?0,000_FaIJ 2018 _ ___ Total:$34,480 Manhattan Mtddle 6-8 PV 2 hours X 90 5dmol Tracki'.FICd Aug•May(M•F)-90 days days--180 hm $51.00 180X51=9,IS0 FalJ 2016 10 ane-4pn'X 50 days- Track/Field ays=Trac Field Au -Ma 5a un'-50 days 3099 hours I $51.00 300X51-$15,300 Fall 2016 6;30.11pmxlx Now Gym .Aug-Ma(M-T)=120 days da 6=540 hours X37 540X37=$19,980 Fall 2018 Total:$44,460 1 Staffed 70 Busses person Idnyjweek for 12 weeks 10:00 em-4:00 pm $3sOb Summer?07.6 Grand 16eand Total: Total; $82,440 BVSO use of COB Property Aug-April 3hrs day/5days Scott Carpenter Practice week-32 weeks After school/weekends $51 $24,480 6.S hrs-32 games(Aug- Games April) Afer School/weekends $51 $10,608 Summer June-Aug"10 hrs/week-20 2016 weeks/200hm Tue-Sun $51 $10,200 Summer June-Aug"15 hrs/week•20 2017 weeks/300hrs Tue-Sun $51 $15,300 Summer 2018 on June-Aug•24 hrs/week-20 beyond weeks/480hrs Tue-Sun $51 $24,480 Total 2018& Total 2016: Total 2017: beyond: $45,288 $50,388 $59,568 o c� Pools NBRC 24 wks/34hrswk/.5 lanes Between 3:45-5:45pm $14 $11,424 o SERC 124 wIW60hrswk/6 lanes Between 3:45-5:45 m $14 $20,160 24 wks/15hrswk/3 lanes Between 7-9am $14 $5,040 Meets NBRC 4 meets/12 hrs each meet M-5at $14 $672 Meets SBRC 4 meets/12 hrs each meet M-Sat $14 $6721 1 Total:$37,968 Grand Grand Total: Total: 1 $83,256 $88,356 $97,536 ATTACHMENT E RVS.D Board Policy KF IVSD Board Policy KF-R I i i i i , a I i 1 f I 20 of 36 M i i I, Boulder Valley School District File:KF Adopted: Revised:September 26,1991;June 26,2001;January 14,2014 + COMMUNITY USE OF SCHOOL FACILITIES i The Boulder Valley School District is an Integral part of each community it serves. School buildings are centrally located in most neighborhoods and are a logical focal point for community activities. The Boulder Valley School District desires to nurture community Involvement in the schools and encourage the use of the schools as community centers. The fee structure for community use ensures that the School District will spend its money directly on the education of youth while at the same time promoting community use of the buildings and community involvement in the schools. The Board of Education delegates to the Superintendent the authority to develop regulations and guidelines for regulatingthe use of school facilities and to set fees for that use and for other related costs. Board of Education policies and regulations that govern school use of facilities shall, when applicable, also govern community use of school facilities. The applicant, by signing the building use request form, agrees to indemnify the District and any person whose property may be within the building for loss or damage to property caused by any person or persons attending any activity of the applicant or any damage or injury arising by reason of the applicant's use of the building.The District reserves the right to require a performance bond, proof of satisfactory liability insurance protection, or a deposit for protection of the building facility and equipment,and to guarantee the payment of rent or expenses. i The School District reserves the right to refuse approval or to cancel any and all permits issued for the use of a school building or District facilities when it is deemed by the Superintendent or designee that such action is necessary for the best interests of the District, j I Permission for use of District facilities does not constitute District endorsement of any organization,the beliefs of an organization or group, nor the expression of any opinion regarding the nomination, retention, election, or defeat of any candidate,northe expression of any opinion as to the passage or defeat of any ballot issue. I 21 oi'36 a LEGAL REF.: C.R.S. 22-32-110(1)(f) CROSS REFS.: EDC, Authorized Use of School-Owned Materials KFA, Public Conduct on District(Property KFB, Use of School Bull&ngs as Child-Care Centers End of File.KF li I i �I 22 of'3n s f Boulder Valley School District File: KF-R Adopted:July 1, 1997 Revised:June 26,2001;May 18,2005, September 28,2005,August 14, 2012;January 15,2014 Community Use of School Facilities INTRODUCTION i It is the policy of the Board of Education to make school faculties available to the community when not in use for school programs or activities. These administrative regulations and procedures for providing community use are intended to promote safe, lawful, and fair use and enjoyment of District facilities consistent with the need to establish priorities that recognize the educational purpose of the facilities and the need to be financially responsible for the expenses associated with such use. These regulations and procedures shall govern the use of school facilities for purposes not directly related to the School District's implementation of its educational programs and shall apply to all buildings and grounds owned and/or operated by the District. RESPONSIBILITY The Community School Program is responsible for the administration of this policy and regulation as it relates to the specific building and for implementation of the Board policy to encourage community use of school facilities. The Community School Program will facilitate the administration of this policy and regulation in collaboration with building administration,and will provide technical assistance when appropriate, including the responsibility to negotiate facility use permits with community users. SCHEDULING All schools are required to maintain a daily current master schedule of activities on the Event Management System (EMS). After all school activities have been scheduled, space will be available outside the regular school day to the community with attention to broad and equitable use of facilities. The regular school day is generally one-half hour before classes commence in the morning to one hour after all classes have ended in the afternoon. The Community School Program will have the responsibility and authority for facility scheduling, subject to final approval by the building administration. Alternate locations will be offered when feasible if a particular building cannot accommodate all requests. All use is subject to the availability of Boulder Valley School 23 of 36 i I 0�strict custodial and/or building monitoring staff, The Community School Program will inform each school about all facility use permits issued. i FIELD USE Relds may be made available to rent for limited and approved community use.. This use is subject to cancellation or adjustment, due to weather, field conditions, maintenance, or ocher circumstances deemed necessary and in the best interests of the District, APPLICATION FOR USE The Community School Program will be responsible for the facility use permit process,.A facility use requestform must he signed and submitted, along with a certificate cf liability insurance,to start the permit process. If a request for use is approved, the I activity will be added W BVSD's scheduling software and a Facility Use Permit will be completed and distributed as follows.(One copy each) .School coritacd Renter Comm unity School Program/Facility Use CANCELLATION, REVOCATION,AND MODIFICATION The Community School Program will notify the appropriate building staff person if the scheduled facility use is canceled or adjusted. Building use can be denied or a Facility Use Permit may be revoked for: repeated or material violation of the regulations or Permit, repeated short notification of cancellations, failure to pay rental fees, inappropriate behavior, and other good cause as determined by the Community School Program. The Community School Program will notify all involved parties of the cancellation or change of the permit. The Community School Program reserves the right to cancel building Facility Use Permits should the space be needed for school,or school-related activities,or district activities. This action will be used only when necessary due to unavoidable circumstances, and attempts will be made to offer alternative space, Notwithstanding the above, the School District may cancel or revoke a permit at any time when, in the judgment of the building administration or the Community School Program, it is in the best interests of the School District to do so. When this occurs, appropriate financial adjustments will be made. CAN CELLATION/CWANGE FEES When a user requests to cancel or modify a signed permit, the following tees will be assessed: 1. rental fees of less than$25,00-no refund; 24 of 36 j 4 2. rental fees of less than $100.00- $25.00 cancellation/change fee; 3. rental fees of$100.00 or more- cancellation/change fee of 25 percent of fee charged, AUTHORIZED USE OF SCHOOL-OWNED EQUIPMENT Areas are rented as furnished. School equipment is usually not loaned or leased to community groups. if a request for use of school equipment is approved by the building administration, additional fees will be charged. Examples of equipment for which extra fees may be charged are: Stage scenery and flats Projectors and stage lighting equipment, sound systems Music stands and pianos Gym equipment: e.g., score boards, mats i Stage lighting equipment and projectors must be operated by school (or school- approved) personnel. School operators shall be paid by the School District, and reimbursed by the user, at a rate or at a flat fee established by the District. GENERAL REGULATIONS � 1. Permit. A written permit shall he required for use of a school building or grounds by any group that is not a part of the District. Such permits may be granted for a single use, or a limited, recurring use, not to exceed one year. 2, Supervision. Permits shall be issued upon satisfactory assurance that the use of the school facility will be under the direct supervision of an adult who is responsible and competent to supervise the proposed program or activity. The supervision provided by each renting group must be adequate to ensure that the members of the group remain in the assigned portion of the facility. If necessary, in the judgment of the Community School Program, a monitor may be hired to supervise the group with the cost incurred by the user. If required by school officials,guards or uniformed police must also be provided at the expense of the user. 3. Processing. Should it be difficult to define or process a request for the use of school facilities within the scope of this regulation,the Community School Program Director will evaluate the situation and will consult the appropriate central administrator If necessary before issuing or refusing to Issue a Facility Use Permit, 4, Interpretations. All permits will be reviewed and signed by the Community School Program Director or designee for the purpose of determining uniformity with interpretation and application of fees and policy. S. No Assignment. No permit shall be transferred or assigned to any person or group. 6. Safety. All applicable fire and safety laws/regulations governing use of school facilities must be observed at all times, including without limitation: 25 of 36 a. Auditorium exit lights must be used. b. Open flame(including candies)tis prohibited. c. Room capacity is not to be exceeded. t d. Use of tobacco products is prohibited lin all areas of the building and grounds. e. Temporary electrical or mechanical modifications are prohibited. f. Flammabie holiday or other decorations are prohibited. g. Stairways, corridors,and entrances/exits must be kept free of obstruction at all times. i h. No equipment, scenery, or decorations of any type shall be used within the building or on the premises except as specifically provided in the permit. Such equipment,scenery,or decorations shall be of a slow burning nature and shall conform to all'local and state regulations governing such equipment and shall not be attached to the walls, floors, or ceilings (except to anchors presently provided). i. No possession or use of weapons or participation in any other dangerous activities except as specifically provided in the permit,covered by a Certificate of Insurance and with proper waivers approved by the District. 7. Alcohol and Drugs. Use or(possession of alcohol and controlled substances is prohibited in buildings and on grounds. Controlled substances are drugs specifically identified and regulated under Federal law and include,but are not limited to, opiates., narcotics, cocaine, amphetamine, and other stimulants, depressants, hallucinogenic substances, and marijuana. Failure to comply will be dealt with by local law enforcement agencies and may result in revocation of the Facility Use Permit. 8. Illegal Activities. All disruptive or illegal activity In buildings and on grounds is prohibited and may result:in revocation of the Facility Use Permit. 9. Gambling. Unlicensed gambling lis prohibited on any school property. 10. Indemnification, The holder of a permit shall be responsible to the Board of Education of the Boulder Valley School District for any and all damages and losses whatsoever to the building and/or the contents, and shall indtmriify and hold harmless the Board and its ernployees from any claim resulting from or arising out of the use of the school facilities named in the permit or any part of the facilities covered in the permit. 11. Personal Property, The Board of Education shall not be. held responsible for any damage or loss that may occur to non-school property brought on the premises. Such i property(as well as rubbish) must be removed from the facility immediately after the use or before such time as the materlals will interfere with school activities. 1?.. Insurance. School District insurance.coverage does not extend to community or other groups using school facilities The District rnay require a certificate of insurance from the user, naming the District as are additional insured, covering injury to persons or 2f; of 361 damage to property. Entities which can establish coverage under the Colorado Governmental Immunity Act must provide certification of proof of Insurance at least to the limitations provided in the Act. All other entities must provide a certificate of Insurance in the amount of at least$500,000. 13. Locations. All permits will be issued for specific rooms or fields. It shall be the responsibility of the permit holder to restrict the activities of the group to that specific area except for necessary hallways and restrooms. Noncompliance could result in revocation of the permit. The approved party is responsible for not allowing unauthorized individuals into the approved area or activity. 14.Times. Facility use times will be specified in the permit. All groups are expected to vacate the premises by the time specified in the permit. An additional hour rental may be charged for early arrival or late exit. All Facility Use Permits will terminate by 9:00 p.m. Exceptions to this requirement may be approved by the building administration. 15. Days. Facilities may be rented Mondays through Fridays as space is available and as such rental does not interrupt or disturb regular school activities. Saturday and Sunday use of school facilities may be permitted and will be subject to staff availability where applicable. 16. Equipment Storage. Users may make arrangements with the building principal to temporarily store regularly used equipment, if space is available, and may be charged on a monthly basis. The School District assumes no liability for damage or theft of such equipment. 17. Promotional Materials. The posting or distribution of advertising and promotional materials of building users are subject to Board policy. GUIDELINES FOR DENIAL OF USE The School District reserves the right to deny a permit for any reason. Approval will be denied if, in the judgment of the Community School Program: 1. No appropriate District employees are available to be on the premises during the Intended use. 2. Insufficient time is available between the request and the intended use. i 3.The proposed activities would: • Jeopardize the equipment and/or facilities of the building. • Conflict with school activities. • Be incompatible with the school neighborhood. • Violate any District policy or local, state,or federal law. 4.The user's past history of rental has been negative. 27 cf 36 :5. Thep rogram and/or.activities are not age appropriate for students whow•mAld ordinarily attend that school. �i 6• It is in the best interest of the School District to deny the use. GUIDELINES FOR APPEAL I The applicant may file a written appeal to the appropriate central administrator if a Facility Use Permit has been denied, cancelled, or revoked by the Community School Program. Further appeal, if necessary, may be made to the Superintendent and then to the Board of Education. i GUIDELINES FOR RELIGIOUS USE Facilities may be used for religious activities under the following conditions. 1, Church services and religious activities must be conducted at times when school is not in session. 2. Religious objects and symbols must be removed after each use.. NONDISCRIMINATION All users shall comply with federal, state, and local laws and regulations applicable to their activities, including those related to discrimination. USE CATEGORIES i Cateuory 1; No use fee will be charged at anytime to the following: 1. User&who are considered to be a part of the regular school curriculum or curriculum- related groups. 1j 2. Users who are participants in school-sponsored student activities, such as athletic and music groups, curriculum-related student clubs, plays, student council activities, or social events, 3. Schoolaffiliated users such as parent-teacher organizations, school related parent and community groups,or recognized employee associations of the Boulder Valley School District, Q. Governmental entities using facilities as a polling pleco, 5. Precinct caucuses, 28 of 36 i 6. Forums for candidates for the Board of Education, where such forums are open to the public without charge, and all candidates are invited to participate. Category 1 users may be cha rged for any personnel overtime when applicable. Category 1 status shall not be extended to any group other than these stated. All Category 1 activities must be recorded on the Event Management System. i Category 2: A nominal hourly fee for facility use during the week will be charged to youth community groups that do not charge a fee, or charge only a nominal fee,for participation. The hourly fee will cover only small meetings in classrooms. Non- classroom use will be charged the Category 3 youth rate fees. For purposes of this regulation,youth are to be defined as students attending grade 12 or below. Category 3: A fee will be charged to youth community groups using facilities not otherwise covered by Categories 1 and 2. When multiple small groups(qualified for the Category 2 status) convene for functions,these will be charged at the Category 3 youth rate fees. A nonrefundable permit fee will be assessed for each Facility Use Permit. In addition to use fees, fees for custodial, monitor, and cafeteria personnel will apply If such are required. i CateQory 4: A fee will be charged to adult community groups using facilities not otherwise covered by Category 1. A nonrefundable permit fee will be assessed for each Facility Use Permit. In addition to use fees, fees for custodial, monitor, and cafeteria personnel overtime will apply if such i are required. Cateaory 5: Other for profit users(youth and adult) may fall under commercial rates when applicable as determined by the Community Schools program. A nonrefundable permit fee will be assessed for each Facility Use Permit. In addition to use fees,fees for custodial, monitor,and cafeteria personnel overtime will apply if such are required. FEES 1.Custodial/Monitor 29 or 30 Any organization or individual, regardless of classification, will be required to pay the cost of custodial/monitoring services if is use of the facility would result in direct costs to the School District. 2. Kitchen A school cafeteria manager or other designated cafeteria employee(s) must be present for general supervision of the kitchen, and ail persons working in the kitchen (preparing food and/or handling kitchen equipment) must meet state and county requirements for school food handlers. The user shall pay the District in accordance with the fee schedule for all cafeteria personnel. 3. Payment of Fees All users will be expected to pay permit fees in advance unless prior arrangements have been made with the Community School Program. Failure to pay as per agreement may result in denial of OUBStothe'facility and denial of future requests. i Checks should be made out to Boulder Valley School District/Facility Use and submitted I to the Community School Program/Facility'Use Department. The Community School Program is responsible for depositing all fees and forwarding the appropriate information to the respective departments. 4. Fee Revision Fees are listed In Exhibit E•1 and are designed to reflect the guidelines of this regulation, These fees are subject to review and revision by the Superintendent. End of File,KF-R I I 1 II I I 1 4 I 30 of 36 I ATTACHMENT F Site Maps and Ownership I 31 of 36 1 : Aurora 7 / BCSIS BJ yams 1 , , , $ r i2f/f2G15,o,,Christi+a 9,{'m.r 9auMor Parks 8 ReaDAG FU Ll 1 J 1ffSj �f 1L li r`a: c ,;y� 'COB Owns/Maintarns/Schedules � �} u Aurora 6l i 7 Park J VI BVSD Owns/Maintains/Schedules Nye Y .. � • a I ' _ BVSDiuhx,/ aterbom COB tap,nO metered L - I Parcel Boundaries R Ownership COB Owns /Maintains i COB Mainta4ns/BVSD Owns t BVSD Owns!Maintains - dw,,,,rm :BVSDMaintains/COB,Owns + 33 of 36 r 0 40 8D Yards 2: Centennial Courts / School 1 1 , r 3 1 r l t rI 2171NJi ,by CP,!Wm Spelman,Boulder Parks&Rea kn fp Ai 9 BVSD Owns/ � Maintains/Schedules � - Em a r When°BWtt BVSDOWns/Maintains COB-ScfiedWes Track'&Infield 5-8:30pm Sat.,84m-8:30prn i BVSD Owns * a i. COB Maintains COB Schedules I ie,nn'is kp ... cdurts iW-11' Z, [t I I p . BVSD CwnsCMaintains/sch4coes Parcel Boundaries 8 Ownership COB Owns I Maintains' COB Maintains I BVSD Owns 05 tz r� BVSD Owns 1 Maintains Maintains t COB Owns rte. 33 of 36 3: Columbine Park School Ik40 80 Yards Il ' i ' 111111 12M20M,by Chftna Sphften,3ouldarpajRs6RarlwaUn Gh?nwood Columbine Park COB Owns Imainfains I Schedules xo BVSD Owns Malnt;rins7 Schedules ......... ...... BVSD Owns Imaintaim COB Schedules Am Parcel Be undarics&Ownersillp r, COR Owns I Maintains 411, COB MahUns I BVSD Owns BVSD Owns f Mjfqt3jjjs 44 BVSD Maintains/COB Owns 34 of 36 b 40 80 Pads 4: Arapahoe Ridge / Eisenhower,/ � I l 12912015,by gMStltm SpleVnan,Bdldat PaiksBRemeatim e: I, :a `rs , i - •tt c COEOwns,/MarntalnslSchedutes Arapahoe Ridge;Park BVSD Owns�� COB Maintains/Sc dines - i SD Owns I Maintains I Schodules r K � a , h e i � r Parcel Boundaries& OwnershiP COB Owns I Maintains r COB Maintains I BVSD Owns BVSD Owns l.Maintains BVSD,Maintains I COB Owns 35 of 36 a 8: Scott Carpenter '° r3s '2d12015,hyC•ri5�n3�.:,�,nnn fi�lilers�as6a�R�rxSaiirei k6 r i r -i�pi•�� • ,;, COB OwosI)Waintalns/Schedales C �♦` f� yr C. i� n � $CO.tt I 'Eli "s Carpenter Park K I g��l Parcel Boundaries & Ownership COB Owns /'Maintains a COB Maintains/RV;SD Owr> BVSD Owns!Maintains BVSD Maintains/COR Owns 30 of 36