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HomeMy WebLinkAbout2010 03.03 PRC Aganda (..---- PP ACH 4.E✓`12. 3 t City Apache Junction ofp K,,likti4;,2,zot Home of the Superstition Mountains Parks and Recreation Department located at the Northeast corner of Superstition Blvd & Idaho Road Apache Junction Parks & Recreation Commission City Council Chambers 300 E Superstition Blvd Apache Junction, Az 85219 Regular Meeting March 3, 2010 6 OOPM A CALL TO ORDER B ROLL CALL C PLEDGE OF ALLEGIANCE a, D ACCEPTANCE OF AGENDA E ACCEPTANCE OF MINUTES n December 2, 2009 F PARKS AND RECREATION DIRECTORS REPORT - The Director or those individuals designated by the Director may present information pertinent to items under consideration or information related to the operation of the department G OLD BUSINESS 1 Presentation and discussion on updating the Parks and Recreation Chapter of the City's General Plan 2 Update and discussion on the status of the intergovernmental agreement between the City of Apache Junction Unified School District H NEW BUSINESS 1 Discussion on updating and modifying the Multi-use Trail Master Plan (Commissioner Standage 2 Update and discussion on status of Lost Dutchman State Park 3 Request by the Commission for placement of items on future agenda 4 Selection of next meeting date I CALL TO PUBLIC Arizona Open Meeting Law allows individuals to address Commission on " any issue within the jurisdiction of the Commission Commission may not answer your 300 E SUPERSTITON•BLVD,APACHE JUNCTION,AZ 85219 (480)983-2181 Voice *FAX(4$0)982-2438 *TDD(480)983-0095 *www.ajcity net questions or discuss your comments at this time However, at the conclusion of Call to ' the Public, Commission may do any of the following. 1) respond to criticism made by any individual who addresses the Commission, 2) ask staff to review a matter, 3) ask staff to place the matter on a future agenda Commission shall not discuss or take legal action on matters raised at Call to the Public unless the matters have been properly noticed for discussion and legal action Please stand approach the podium microphone and state your name and address after being called to speak There is a three (3) minute time limit per speaker J ADJOURNMENT If any disabled person needs any type of accommodation, please notify Human Resources at (480) 474-2617 or (480) 983-0065 (TDD) at least 72 hours prior to the scheduled time /'S 300 E SUPERSTITON BLVD,APACHE JUNCTION,AZ 85219 (480)983-2181 Voice * FAX(480)982-2438 *TDD(480)983-0095 * www awcity net INTERGOVERNMENTAL AGREEMENT REGARDING USE OF RECREATIONAL FACILITITES AND VEHICLES THIS AGREEMENT is made and entered into this day of L , . CC) /, by and between THE CITY OF APACHE JUNCTION, ARIZONA an Arizona municipal corporation (hereinafter referred to as "City"), and APACHE JUNCTION UNIFIED SCHOOL DISTRICT, (hereinafter referred to as "District"), collectively from time to time referred to as the "parties". WITNESSETH . WHEREAS, pursuant to Arizona Revised Statutes Annotated (hereinafter "A.R.S.") §§15-342.13 and 15-364, cities and schools may enter into agreements for the construction, development, cooperative maintenance, operation and use of parks, swimming pools and other recreational facilities on property used for public school purposes if the governing boards which have charge and control of such properties give their consent, and WHEREAS, A.R.S. §11-952 generally authorizes the City and District to enter into intergovernmental agreements; and WHEREAS, the parties have previously entered into a separate intergovernmental agreement dated April 11, 1991, involving construction, development, cooperative maintenance, operation and use of parks, swimming pools or other recreational facilities and activities; and WHEREAS, the City and District are mutually interested in providing a comprehensive agreement which sets forth the duties and responsibilities of the respective parties WHEREAS, on January 19, 1999, the City passed Ordinance No 1067, which amended the Apache Junction City Code by giving the City Manager discretion in waiving building and permit fees for the District for its facilities, and WHEREAS, the City Manager has exercised this authority in consideration of other services and privileges being extended to City NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties herein contained, it is agreed as follows• 1. APPLICABLE FACILITIES A. IN GENERAL The facilities subject to this Agreement shall either be jointly-used or jointly-developed. In either case, such facilities shall be shared without charge to either the City or District. The parties may from time to time administratively amend the facilities to be used. B. JOINTLY-DEVELOPED FACILITIES The following facilities shall be jointly developed between the City and the District: 1. One lighted ball field, six tennis courts, picnic facilities, one swimming pool, two common parking areas located between Desert Shadows Middle School and `Apache M�ni Junction High School on Southern Avenue; a skate park and multi-purpose park, all located on a parcel of land more particularly described as: :1-11Y A Portion of the Northwest Quarter of the Northwest Quarter of Section 32,`Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County, Arizona. p11!Y>)' 2. A lighted play field facility located at Superstition Mountain Elementary School on a parcel of property described as: A portion of the South Half of Lot 12, South Half of Lot 13 of Davis Tract, according to the Plat thereof, of Book 5 of Maps, page 26, Section 19, Township 1 North, Range 8 East Gila and Salt River Base and Meridian, Pinal County, Arizona. C JOINTLY-USED FACILITIES 1. All other recreational facilities owned, controlled or maintained by District located within the District boundaries, including but not limited to auditoriums, gymnasiums, classrooms, parking facilities and outdoor athletic courts 2 2. All public parks and recreational areas owned or controlled by the City which are open to the public II. DUTIES, RESPONSIBILITIES, AND PRIVILEGES FOR JOINTLY DEVELOPED FACILITIES A. CITY'S DUTIES, RESPONSIBILITIES AND PRIVILEGES 1. City shall purchase and maintain throughout the term of this Agreement public liability and property damage insurance. 2. City shall staff the facilities with applicable personnel to protect the users of such facilities against damages and property damage inherent in the facilities used during its hours of use. 3. City shall control the facilities during the summer months, weekends, and after 5:00 p.m. daily throughout the school year 4 City may place signs advertising hours and admission costs, and may charge an admission fee for use of the facilities, none of which shall be shared with District City may also operate a concession stand on the facilities, all profits to be retained by the City. 5. City shall provide maintenance of facilities, including but not limited to vacuuming, testing and treating pool for pH balance; re-striping parking spaces; repairing fencing and irrigation system in landscaped areas; mowing and trimming trees. B. DISTRICT'S DUTIES, RESPONSIBILITIES, PRIVILEGES 1 . District shall purchase and maintain throughout the term of this Agreement public liability and property damage insurance. 2. District shall staff the facilities with applicable personnel to protect the users of such facilities against danger and property damage inherent in the facilities used during the times set forth herein. 3 3. District shall control the facilities during the months school is in session from 8:00 a.m. to 5:00 p m daily, except for weekends. 4. District shall allow placement of City-installed signs advertising hours and entrance fees during the time City in entitled to control the facilities and shall allow City to operate a concession stand at any of the facilities. 5. District shall: 1) provide and pay for all utilities, including electric, water, sewer, gas, and telephone to all facilities during the term of this Agreement; and 2) provide and pay for all chemicals used to test and treat the pool. III. VEHICLE USE District shall provide District-owned buses for transportation of City employees and City-recreation activity participants, as follows A. DISTRICT'S DUTIES: 1. Provide buses at the request of the City, as long as City gives two-week prior notice of need for the exact number and time buses are needed. 2 Keep all buses in good working condition and repair accordingly. 3. Provide a list of drivers who are familiar with the operation of the buses, and who have all appropriate licenses and certificates to operate the vehicles provided B CITY'S DUTIES: 1 . Use the buses to transport City employees and City recreational participants. City shall not use buses for any of the following purposes, or under any of the following circumstances: a transporting of persons for hire, expressed or implied. 4 b. allowing any person to drive the bus who is less than twenty-one (21) years of age, or who has given the District a false or fictious name, age or address, or by any person who is under the influence to any degree of any intoxicating substance c. pushing or towing any vehicle or trailer outside the State of Arizona, unless provided otherwise administratively between the parties' representative by letter agreement. 2 Pay all drivers as part-time City employees, and withhold from drivers' pay any applicable taxes, social security, worker's compensation, disability benefits and retirement, and other applicable amounts pursuant to City Human Resources Rules 3. Pay District for the following amounts according to the following rates. a. Mileage: $1 .00 per mile b. Administrative Cost: $10.00 per request for each bus. c. Cleaning: Actual cost, but not to exceed $35.00 for each bus per use. d. These rates may be modified in writing by the City Manager and District Superintendent as needed during the term of this agreement without City Council or District Board approval. VI INDEMNIFICATION AND INSURANCE To the extent permitted by law, each party covenants and agrees to fully indemnify, hold harmless and defend the other party and its directors, officers, agents, servants and employees from and against any _and all claims or actions of whatsoever kind or character, whether real or asserted, arising out of or in connection with this Agreement, except to the extent such claims or suits arise out of or are based upon acts or omissions by the indemnified party or its directors, officers, servants, employees or agents. If any action or claim shall be brought or asserted against a party, or its directors, officers, agents, servants or employees for which indemnity may be sought from the other party, then such party 5 shall promptly notify the other party in writing. Each party shall, within ten (10) working days of receiving such notice, assume the defense thereof, and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether passive or active, on the part of each party, its directors, employees and agents It is understood and agreed that each party may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement The parties shall provide one another with a current insurance certificate or other evidence of coverage as appropriate This section shall survive the expiration or early termination of this Agreement. As to jointly-developed facilities listed in §I (B), City shall pay for all major repairs or replacement of facilities through insurance proceeds or otherwise, for all fixtures or permanent equipment structures up to $10,000.00. If the amount is greater than $10,000.00, the parties shall in equal shares each pay 50% of the amount over $10,000. To expedite the repairs, the City may pay the full cost to a supplier or contractor for labor or supplies, and shall submit a bill to the District for payment of its share �. The District shall tender payment to City within thirty (30) calendar days from the invoice date. VII DURATION OF AGREEMENT, TERMINATION This Agreement shall be valid for a term of fifty (50) years. Either party may terminate and/or renew this Agreement for any reason upon two years prior written notice before the 50th Anniversary of this Agreement to the other party by express delivery or first class certified mail, postage prepaid, addressed to the other party as set forth in Section XII of this Agreement or other legally acceptable method. VIII BINDING EFFECT/ASSIGNMENT The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the parties and their successors, assigns and legal representatives. Neither party may assign its rights under this Agreement without the prior written approval of the other party Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior party and shall further agree to be bound by and to fully perform the terms of this Agreement. 6 IX. ENTIRE AGREEMENT This instrument contains the entire agreement between the parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements including the April 11, 1991 Agreement, discussions and representations related thereto No supplement, modification or amendment hereof shall be binding and effective unless in writing and signed by all of the parties. X. SEVERABILITY In the event that any sentence, paragraph, provisions or other portion of this Agreement is declared by a court of competent jurisdiction to be void, such sentence, paragraph, provision or portion of this Agreement shall be deemed severed from the remainder of this Agreement and the balance of this Agreement shall remain in effect. XI. GOVERNING LAW, VENUE AND ATTORNEY FEES The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorneys fees to be determined by the court in such action XII. NOTICES All notices and insurance certificates required under this Agreement shall be sent as follows: If to City Parks and Recreation Director City of Apache Junction 1001 N. Idaho Road Apache Junction, AZ 85219 And a Copy to: City Attorney City of Apache Junction 1001 N. Idaho Road Apache Junction, AZ 85219 7 If to District: Apache Junction Unified School District 1575 W. Southern Avenue, Suite 3 Apache Junction, AZ 85220 And a Copy to: Pinal County Attorney Administration Building #2 P.O. Box 887 Florence, AZ 85232 XIII. CONFLICTS OF INTEREST The provisions of A.R.S. §38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. APACHE JUNCTION UNIFIED SCHOOL DISTRICT, By: C t.,\, (_,40� GiChairperson f r S h000ard TE T. c0 Na e, TitlJ �'� THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By Douglas Col man, Mayor ATTEST 11 , / Kathleen Connelly, City Cle 8 ATTORNEY REVIEW STATEMENT I have reviewed this agreement and have determined it is in proper form and is within the powers and authority granted under the laws of this state to the represented parties. - 23 . 01 Richard J. Stern, City Attorney Date Linda L. Harant, Date Deputy County Attorney 9