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HomeMy WebLinkAboutresolution.council.041-06 RESOLUTION No.41 Series of 2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ASPEN AND THE ASPEN SCHOOL DISTRICT, FOR THE JOINT MANAGEMENT AD USE OF CERTAIN RECREATIONAL FACILITIES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Memorandum of Understanding between the City of Aspen and The Aspen' School District for the joint management and use of certain recreational facilities owned by he City of Aspen and the Aspen School District for the period of June 1, 2006 through May 31, 2011, a copy of which is annexed hereto and made a part thereof. . NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that Memorandum of Understanding between the City of Aspen and The Aspen School District, a copy which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said Memorandum of Understanding on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the~ day of JlM.+-, 2006. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove state G:\tara\RESOS\mou-aspen school district.doc ~ MEMORANDUM OF UNDERSTANDING FOR THE JOINT MANAGEMENT AND USE OF CERTAIN RECREATIONAL FACILITIES OWNED BY THE CITY OF ASPEN AND THE ASPEN SCHOOL DISTRICT FOR THE PERIOD OF JUNE I, 2006, THROUGH MAY 31, 2011. This Memorandum of Understanding is entered into between the City of Aspen, a home rule municipality of the State of Colorado ("City"), and the Aspen School District, a political subdivision of the State of Colorado organized under and existing by virtue of the laws of the State of Colorado ("School District"). WHEREAS, the City and the School District entered into that certain Intergovernmental Agreement dated September 9, 1997, relating to the joint use and management of certain recreational facilities owned by the parties hereto; and WHEREAS, said Intergovernmental Agreement contemplated that the parties would annually enter into a Memorandum of Understanding relating to the joint use and management of said recreational facilities; and WHEREAS, the parties hereto acknowledges that there are certain common elements to the "Community Campus" Facilities and the new addition to the Aspen Middle School that should be coordinated for the benefit of both parties; and WHEREAS, the parties hereto have met and agree on the joint use and management of certain facilities and desire to memorialize their agreement for the above stated period of time. NOW THEREFORE, the parties agree as follows: I. General Provisions of Agreement. A. The term of this agreement shall be for the period June I, 2006, through May 31, 2007. The term of this agreement shall extend automatically for an additional one year period commencing on June 1, 2007, and on each June 1 thereafter unless either party provides written notice to the other of its intent to terminate the agreement no later than thirty (30) days prior to such anniversary date, in which case such agreement shall terminate on the anniversary date. In no event, however, shall the length of this agreement extend later than May 31, 2011, unless the parties meet as contemplated by the aforementioned Intergovernmental Agreement and modify the terms and conditions of this Memorandum of Understanding. B. Citv to Indemnify School District. To the full extent permitted by law, the City shall indemnify and hold harmless the School District, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the City, any guest or invitee of the City, or any officer, employee, representative, or agent of the City or of any subcontractor of the City, or which arises out of any workmen's compensation claim of any employee of the City or of any employee of any subcontractor of the City. The City agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the City, or at the option of the School District, agrees to pay to the School District or reimburse the School District for the defense costs incurred by the School District in connection with, any such liability, claims, or demands. The City also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the School District, its officers, or its employees, the School District shall reimburse the City for the portion of the judgment attributable to such act, omission, or other fault of the School District, its officers, or employees. C. School District to Indemnify Citv. To the full extent permitted by law, the School District shall indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the School District, any guest or invitee of the School District, or any officer, employee, representative, or agent of the School District or of any subcontractor of the School District, or which arises out of any workmen's compensation claim of any employee of the School District or of any employee of any subcontractor of the School District. The School District agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the City, or at the option of the City, agrees to pay to the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. The School District also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the School District for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. D. Liabilitv and Insurance. During the term of this Agreement, each Party hereto shall take all steps necessary to extend coverages under its general liability and other insurance policies to the real property and improvements subject to this Agreement and owned by that Party, and to that Party's activities on its property or pursuant to this Agreement. Each Party shall designate the other as an "additional insured" on such policies. The Parties shall exchange certificates of insurance or other documentation that such policies have been extended to the properties and facilities described by this Agreement within ten (10) days following request for the same from the other Party. E. No Waiver of Immunitv. The parties hereto understand and agree that each party is relying on, and do not waive or intend to waive by any provision of this agreement, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. F. Definitions. The term "City" and "School District" as used in this agreement shall include their respective employees, agents, guests, invitees, and in the case of the City, its citizens and residents. G. Priority of Uses. The parties shall use reasonable care in approving requests by the other to use facilities; however, in the event that either party requires its own facilities for the purposes of a legitimate school or city recreational function, that party may cancel the proposed use of the other's facility and notify the other party's representative as soon as possible. Each party shall at all times retain first priority for use of the facilities under its ownership, with the exception of circumstances involving contracted use of the facilities by the other party, provided the other party has been notified of the contracted use. II. Elements Relating to Moore Playing Fields and School District Multi-Use Field. Pursuant to the attached (Exhibit "A-2"), the following site improvements are intended and agreed upon. Site elements identified and referred to in (Exhibit "A-2") are as follows: A. Site (as identified in (Exhibit "A-2") . The School District shall allow access of Nordic skiers to trails located on School property subject to such rules and regulations concerning access and use as the School District deems appropriate. Access to and over the Nordic trails are shown on Exhibit" A-2" appended hereto. . The School District and the City hereby grant to each other a license to use and access the Pedestrian Bridges as identified in drawings. . The City shall allow the use of retention ponds for the purpose of drainage from School District property. The drainage and use of retention ponds are shown on Exhibit" A-2" appended hereto. B. Parking & Public Access . The School District shall allow public access to facilities maintained and shared by the School District and the City as identified in this document at times when regular school sessions are not taking place. . The School District shall allow access to the campus parking by the public when regular school sessions are not taking place. The Parks & Recreation Department, as identified in this document, intend this use during the normal operating hours of the Moore Playing Fields, and School District Multi-Use Field . The City will create a Web-based Community Campus Calendar for the purpose of scheduling and communicating information regarding events for the purpose of managing parking within the Campus. Each party agrees to participate, communicate and update regularly the Calendar of Events. In the case of conflicts, each party agrees to do everything in their power to re-schedule such events as to allow for adequate event parking. C. Maintenance and Storage . The School District understands that certain maintenance and grooming will be necessary for the Nordic system, which will cross the School District Campus. The School District agrees to allow access to all necessary equipment and personnel needed to maintain this system. The City agrees to provide all such maintenance which is necessary and/or appropriate at the City's sole cost. . The School District understands that certain maintenance will be necessary for the Moore Playing Fields and School District Multi-Use Field. The School District agrees to allow access to all maintenance equipment and personnel needed for such maintenance. The City agrees to perform all such necessary and appropriate maintenance on those areas with the parties to share the costs of such maintenance as provided herein. . The School District agrees to construct maintenance and storage facilities in the amount of 1,200 square feet within the remodel of the Middle School Field. The City will pay for the construction of this space with no rent being charged throughout the length of this agreement. The Parks & Recreation Department agrees to maintain this maintenance and storage space in a clean and organized manner. The City understands that these improvements are on School District property and may be surrendered at some time in the future for School District additions or improvements. . The School District agrees to allow the City of Aspen Parks Department to construct and pay for additional storage space at the School District Multi-Use Field as identified through a design process. The space may not exceed 200 square feet of storage. D. Scheduling and Maintenance of School District Multi-Use Field . The City agrees to maintain the School District Multi-Use Field. Maintenance of the field will include all items and costs identified in (Exhibit "C") attached. The City will have the ability to schedule the field during the months of June, July, and August. The City will receive first consideration for use of the field during the months of September through May when the School District does not have it scheduled for school functions. The City further agrees to pay its proportionate cost of lights used for activities. E. Irrigation systems & water lines . The School District understands that certain water lines as identified in (Exhibit "A-2") belong to the City, but cross School District Property. Furthermore, these lines are needed to serve the irrigation of playing fields identified in this agreement. Each party understands the necessity of these lines and for the common good of each party. The School District agrees to allow such crossing of their property by these lines for the duration of this agreement. III. School District use of City Facilities. The City hereby agrees to allow the School District to use the following facilities upon the terms and conditions set forth below. The Aspen School District will have first consideration in the use of City of Aspen facilities when not in use by the City of Aspen. _Aspen Golf & Tennis Club: Golf 1. Intended Use: Two (2) high school golf tournaments, One (I) cross- country foot race. A second (2nd) cross-country foot race will be considered based upon availability. 2. Users: Aspen High School coaches and players 3. Times and Dates: To be scheduled with the golf course superintendent 4. User Fees or other costs attendant to use of facility: NO CHARGE Tennis 1. Intended Use: Aspen High School Tennis Team practice and matches. 2. Users: Aspen High School coaches and Tennis Team. 3. Times and Dates: Monday through Saturday during regular school year. Scheduling to be coordinated with the tennis pro. 4. User Fees or other costs attendant to use of facility: NO CHARGE 5. Special Conditions: Courts will not be available until May 15th of any given year. B. James E. Moore (ARC) Pool Facility: The City of Aspen has a citizen Advisory Committee who determines certain policies regarding the operations of the ARC. All policies deemed appropriate by the Advisory Committee will be applicable when scheduling school programs. Prioritization policies regarding youth as the first priority in scheduling and adults second will be in effect when scheduling this facility. Youth will be scheduled as youngest to oldest, e.g.lO year olds will receive a higher priority than 15 year olds. 1. Intended Use: Instructional swim and water safety programs in conjunction with school physical education programs and Aspen High School Swim Team practice and meets. 2. Users: Elementary through High School P.E. classes and Aspen High School coaches and swimmers. 3. Times & Dates: Regular school days and hours established by the School District. Times and days will be pre-arranged with Pool director or duly appointed representative. 4. Special Conditions: The James E. Moore Pool facility is governed by state regulations. Personnel certified as lifeguards who are City employees shall be in attendance at all times. Accordingly, a rate will be charged to school programs equal to, but not more than the cost of additional personnel and/or equipment outside the normal operating requirements. C. Lewis Ice Arena (ARC) and Aspen Ice Garden Facilities: 1. Intended use: Instruction and enjoyment of Aspen School District classes and Aspen High School Ice Hockey team practice and games. 2. Users: Aspen School District students, teachers, coaches and hockey players. 3. Times and Dates: Times and Dates must be pre-arranged with the Ice Garden Manager or a representative during the regular school year. Saturdays and Sundays are included. 4. Special Conditions: The Aspen Ice Garden is a facility that requires trained personnel to be on hand who are City Employees. Accordingly, a rate will be charged to school programs equal to, but not more than the cost of additional personnel and/or equipment outside the normal operating requirements. D. Iselin Park/Rotary Park: 1. Intended Use: For use by the School District for Baseball or Softball practice and games, soccer practice, and football practice (occasional use only when not scheduled for City Programs) 2. Users: Aspen School District-sponsored teams. 3. Times and Dates: During the appropriate season, spring and fall while school is in session. 4. User Fees or other costs attendant to use of facility: NO CHARGE 5. Special Conditions: Shall extend to, and include the use of the Iselin Park batting cage during baseball or softball season for the teams(s) during regular scheduled practice sessions and when a coach is present. 6. These fields are covered by certain covenants agreed upon by and between the City of Aspen and the Maroon Creek Caucus and all agreement therein will apply to school usage of facilities. E. Moore Playing Fields: 1. Intended Use: Aspen School District Baseball or Softball practice and games, soccer practice and games, lacrosse practice and games, and football practice and games. 2. Users: Aspen School District sponsored teams. 3. Times and Dates: During the appropriate season, spring and fall while school is in session. 4. User Fees or other costs attendant to use of facility: NO CHARGE 5. These fields are covered by certain covenants agreed upon by and between the City of Aspen and Maroon Creek Caucus Homeowners and Meadowood Homeowners and all agreement therein will apply to school usage of facilities. F. ARC Climbing Wall and Red Brick Gymnasium/Climbing Wall: 1. Intended Use: Instruction and enjoyment of Aspen School District classes. 2. Users: Aspen School District students and teachers. 3. Times and Dates: Times and Dates must be pre-arranged with respective facility staff. Use will extend to normal school hours while school is in session. 4. Special Conditions: There will be NO CHARGE for the use of the wall and the gymnasium, but in the case of the climbing wall, certified personnel must be on hand to ensure safety and proper use. Personnel used for instruction must be from the Recreation Department's contracted business or a waiver of approval from contractor approving the use of outside instructors. The School District will absorb any costs associated with instructors. Any instructors not associated with the Recreation Department's contractor must be approved by the Recreation Department in writing. 5. Use of the climbing facilities will include all equipment necessary to ensure safe operations to include shoes at no extra charge. IV. City Use of School District Facilities. The Aspen School District hereby agrees to allow the City of Aspen to use the following facilities upon the terms and conditions set forth below. The City of Aspen will have first consideration in the use of School District Facilities when not in use by the Aspen School District. A. ASPEN ELEMENTARY SCHOOL. ASPEN MIDDLE SCHOOL. ASPEN HIGH SCHOOL. 1. Intended Use: Youth and Adult programs to include: basketball, volleyball, day camp, and other after-school recreational programs. 2. Users: Participants registered in City of Aspen Recreation Department programs. 3. Times and Dates: The City of Aspen Recreation Department programs will have first consideration in the use of school facilities when not in use by Aspen School District activities. EXCEPTION: The school district has a pre-existing contract with the Music Associates of Aspen which will take priority over the Recreation Department's use of school facilities. 4. User Fees or other costs attendant to use of facility: NO CHARGE 5. Special Conditions: If Recreation Department programs cause excessive or undue wear on facilities to where the Recreation Department and its employees are unable to maintain the cleanliness of the facility, then fees may be charged at a reasonable cost in order for the School District to recoup their added expenses above and beyond daily maintenance. 6. The City of Aspen operates a Summer Day Camp Program which provides child care to those school age children attending Aspen School District classes. The School District will provide access each summer to this program. (Spring and Christmas Camps to be included.) , MANA