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IGA; Boulder Valley School District; joint use of Summit Middle School; Exp 6/1/2018 Contract Tracking > Thank You $ Page 1 of 1 OFFICE OF THE CIN ATTORNEY FFICE OF THE CIT ATTORNEY MAY 3 1 2017 STANDARD ' 2017 i To:_-- Contract Routing Cover Sheeto' Please print and attach to your document You can view the status of your contract using the Contract Tracking Status Page. Routing Number 20170512-3010 Originating Dept Parks&Recreation Contact Person Dean Rummel Phone Number 303-441-4427 Project Manager/ Contract Dean Rummel E-mail rummeld®bouldercolorado.gov Administrator Counter Parties Boulder Valley School District Contract Title /Type Joint Use Agreement Summit Middle School Number Description City and District agree to coordinating programs and activlties conducted on respective facilities located at Tantra Park and Summit Middle School at free of charge to one another, IA4 t! D'7 !' Special Instructions Amount 0 Expense Type OUTGOING .t � • Dept. Head Signature NOTE; Originating Depa,/tment: Ideal( wi -alcheck mark all areas document needs to be routed. • Purchasing • Budget • Sales Tax - A'*Sty Manager ✓Central Recordsp, -- CO _ O O1 T ICcntm.t rac Yi'n•; tlnn' S;iP.0 L to ROl111n1I F'01'in 'Tra C4(:.Cnh1 - 'd21[CS l b'a-t 3t,'W' https://work.bouldercolorado.gov/ContraetTracking/servlet/Controller 5/12/2017 AGREEMENT BETWEEN BOULDER VALLEY SCHOOL DISTRICT AND THE CITY OF BOULDER FOR USE OF RECREATION FIELDS AND FACILITIES This intergovernmental agreement (Agreement) is made and entered into this 1st day of June,2017 by and between Boulder Valley School District(District) and the City of Boulder(City) (collectively "the Parties") RECITALS WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the C.R.S. § 29-1-203 et. seq.: WHEREAS,C.R,S.§29-1203 authorizes/encourages school districts and cities to organize, promote, and conduct community recreation programs and activities to promote the health and general welfare of the community; and WHEREAS, the District is the owner of real property in the City, including facilities and active use areas that are capable of being used by the City for community recreational purposes; and WHEREAS,the City is the owner of real property in the City,including facilities and active use areas that are capable of being used by the District for school recreational purposes; and WHEREAS, under appropriate circumstances, these publicly held lands and facilities should be used most efficiently to maximize use and increase recreational opportunities for the community;and NOW, THEREFORE, the District and the City agree to cooperate with each other as follows: 1. Term This Agreement will begin on June 1,2017 and will continue for a period of l (one) year, and then shall be reviewed for renewal for subsequent one-year term unless sooner terminated as provided in Section 19. 2. Effective Date This agreement shall be effective upon signature of designated officials and upon inspection of affected property as described in Section 3 by District and City officials. 3. Cooperative Agreement As provided herein, the District and the City agree to cooperate in coordinating programs and activities conducted on all their respective facilities listed on Attachment A. Reference to District Property or City Property in this Agreement shall include the 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 /or 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 1 Agreement. BVSD shall mean Boulder Valley School District and COB shall mean the City of Boulder. 4. Permitted Uses a. District Property i. City Use When not in use by the District and subject to the schedule developed by the District and the City, the City,without charge, of the District property listed in Attachment A, for community recreational and educational purposes for the benefit of District students, the District, and the City at large. In planning programs and scheduling activities on District Property, the security, academic, athletic, and recreational needs and opportunities of school-aged children will be the highest priority and be adequately protected. b. City Property i. District Use When not in use by the City and subject to the schedule developed by the City and the District, the City will permit the District's use, without charge of the City Property, listed in Attachment A for District educational and recreational activities and/or programs,provided such use by the District is in accordance with all City rules,regulations, and policies. 5. Compliance with Law All use of District and City Property shall be in accordance with state and local law, C. R. S. §29-1-203. In the case of a conflict between the terms of this Agreement and the requirements of state law, state law shall govern. Any actions taken by the District or the City that are required by state law, but are inconsistent with the terms of the Agreement, shall not be construed to be a breach or default of this Agreement. 6. Communication a. Designation of Employees The District and the City shall respectively designate an employee with whom the other party, or any authorized agent of the party, may confer regarding the terms of this Agreement. Designated Employees shall develop the schedule for use of District and City Property, to recommend rules and regulations for the District and City to adopt, to implement this Agreement,to monitor and evaluate the joint use project and Agreement, and to confer to discuss interim problems during the term of the Agreement. 7. Scheduling Use of City Property a. Master Schedule The District and the City shah develop a schedule for joint use of District and City Property to allocate property use by the District, and City. The City will give the District 2 priority scheduling for the facilities outlined in Attachment A. The District will give the City priority scheduling for facilities outlined in Attachment A, 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 District shall have the responsibility of scheduling the use of District Property when the City and the District are not using the Property. 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. b. Documentation of Costs The District and the City shall maintain records of costs associated with the Agreement. 9. Fees and Charge a. Fees According to the agreed upon use schedule, the City and District agree to charge zero fees to one another based on conditions of the Agreement. 10. Interagency Training The 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 the keys,opening buildings,emergency procedures,etc. The District and the City shall be responsible for ensuring their employees attend the training. 11. Supervision, Security,and Inspections a. Supervision and Enforcement The City shall train and provide an adequate number of competent personnel to supervise all activities on District Property. The City shall observe/ensure BVSD Policy is followed while coordinating activities or programs on District property. The City shall provide a City employee on site for all programs on the District property. Neither party shall bill for monitors or supervision of their facilities. b. Security The District shall provide a City employee only 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. 3 c. Inspections and Notification The User shall inspect the Owner's Property after use to ensure these sites are returned in the condition they were received. The User shall ensure the Owner is notified within 48 hours in the event that the owner's Property suffers damage during User's use. 12. Supplies& Equipment The User shall furnish and supply all expendable materials and recreational equipment necessary to carry out its programs while using the Owner's Property. 13. Maintenance, Custodial Services,and Toilet Facilities a. Maintenance The User agrees to exercise due care in the use of the Owner's Property. The User shall during the time of its use, keep the Owner's Property in neat order. The District retains responsibility for maintenance of District property. The City retains responsibility for maintenance of City Property. The Owner will be responsible for normal maintenance of all Properties at basic level of service subject to normal wear and tear. The Owner shall notify the User of any known change in condition of these Properties. L The Parties agree that their respective properties under this Agreement will be maintained as clean, safe and in general good repair throughout the Term or any extension thereof. Unless otherwise stated in this Agreement, each Party shall be solely responsible for the repair, maintenance and reasonable safe operation of their properties, including and not limited to existing or improved infrastructure on those properties such as sprinkler heads, irrigation lines, turf, fencing, backstops, goal posts,water fountains, lighting,waste receptacles, restrooms,net and flooring. ii. Each of the parties is responsible for continued operation of utilities servicing their respective properties under this agreement regardless of use or maintenance herein, b. Custodial The Owner shall make its trash receptacles available during the User's use of Owner's Property, The User shall encourage community users to dispose of trash in the trash receptacles during its use. e. Toilet Facilities The City may place temporary,portable,restroom facilities at the outdoor Properties. It shall be the responsibility of the City to maintain these facilities. 14. Parking Motor vehicle and 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 come, first served basis. 4 15. 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 send 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, equipment, and materials with cost rates as applied to the repair work. If the repair is completed by a contractor, a copy of the contactor's itemized statement 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 of such 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 disagreement is made with 10 days after a first notifications. I.The User shall notify the Owner of any disagreements in writing by letter,or email to the Owner's designated employee. The User shall clearly identify the reasons for refusing responsibility for the damages. Failure to file the disagreement with the prescribed time period shall be considered as an acceptance of responsibility by the User. Ii. After proper notification, designated employees of the City and District, shall make an on-site investigation and attempt a settlement of the disagreement. iii. In the event an agreement cannot be reached, the matter shall be referred to the City Parks and Recreation Director and BVSD Assistant Superintendent of Operations,or their designees,for resolution. iv. The Owner shall have the right to make immediate emergency repairs or replacements of Property without voiding the User's right to disagree. 16. Liability and Indemnification It is the intention of the parties to make each site available to the public for recreational purposes without rental or admission charge, and to limit the parties; liability toward persons entering thereon for such purposes, in the event that either or both of the parties would otherwise be liable, pursuant to C. R. S. § 3341-101. 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 immunity or defense provided by statute or common taw. a. To the extent permitted by law, the City shall defend, indemnify, and hold 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 performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, 5 attorneys' fees, for claims for injury are caused by or result from the negligent or intentional acts or omissions of the City, its officers, agents, or employees. b. To the extent permitted by law, the District shall defend, indemnify, and hold the City, 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 performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the District, its officers, agents, or employees. 17. Insurance The District and the City agree to provide the following insurance in connection with this Agreement. a. Commercial General Liability for bodily injury and property damage, including Personal Injury and Blanket contractual,with limits of$1,000, 000 per occurrence and $2,000,000 aggregate. b. Workers' Compensation coverage, as required by Colorado law. c. Documentation of Insurance. The District and the City shall provide to each other a certificate of insurance each year this Agreement is in effect showing proof of the above coverage. In the event the District or the City is self-insured for the property and general liability coverage, the entity hereby certifies that it shall maintain coverage adequate to meet its liabilities and up to the limits set forth in the Colorado Governmental Immunity Act. 18. Termination This Agreement may be terminated at any time by either party with 90 days written notice. 19.General Provisions a. This Agreement constitutes the entire understanding between the parties with respect to the subject matter and nothing in this Agreement shall affect any other agreement between the City and the District now in effect. b. Neither party shall extend the faith or credit of the other to any third person or entity. e. This Agreement shall be binding upon the parties and their successors in interest. d. Any notice required by this Agreement shall be in writing,made by hand-delivery or certified mail, return receipt requested,and addressed to the following: Assistant Superintendent of Operations Boulder Valley School District P. O. Box 9011 Boulder, Colorado 80301 6 Parks and Recreation Director City of Boulder Parks and Recreation Director 3198 Broadway-IRIS Center Boulder, CO 80304-2644 e. Notice given by hand-delivery shall be effective immediately and notice by ail shall be etTective three (3)days after it is deposited in the United States mail depository correctly addressed with sufficient postage for delivery. E 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 boards in compliance with Colorado law. h. Waiver of any right under this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or any other provision of this Agreement. i. No provision of this Agreement shall be assigned by either party without prior written consent of the non-assigning party. j. Each party agrees to perform all other acts and execute and deliver all other documents as may be necessary or appropriate to carry out and purposes of this Agreement. k. Each provision of this Agreement shall be severable. If any provision is held invalid, 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. 20. Amendments This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement. 21. Any Additional Provisions Required by Colorado State or Local Law. 22. Fund Availability Financial obligations of the District or the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 23. No Third Party Rights This Agreement is for the benefit of the District and the City and creates no rights in third parties. 7 The parties hereto have signed this Agreement effeelive as of the day and year first written above. Boulder Valley School District By; Title: i'l •'> c✓ G' / r' CITY OF BOULDER City Manager v Jerk APPROVED AS FORM: Attorney's Office 8 ATTACHMENT A Facilities City Use of District Facilities: Summit Middle School—Cafeteria,Classroom,Outdoor Playground • June—August(Summer 2017)usage/access for summer camp programming. o Monday .Friday, 8:00 am.—4:30 p.m. District Use of City Facilities: Summit/Tantra Park Multi-Purpose Rectangular Field • August>May (School Year: January 2017—May 2018)usage/access o Monday—Friday, school day hours for recess and Physical Education purposes as needed. o Monday—Friday, 3:00 p.m.—4:30 p.m. for after school club and sport activities. o Four(4) times per school year,3:00 p.m.—6:00 p.m. for tournament and special events. 9 P. }II I 1Ve Ci� ® 1 F L1 J J'