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HomeMy WebLinkAboutCR 10-13From: Marisa Carpino Director, Culture & Recreation Subject: Reciprocal Use of Facilities Agreement - Durham District School Board - File: A -1440 Recommendation: Report to Council Report Number: CR 10 -13 Date: July 8, 2013 That Report CR 10 -13 of the Director, Culture & Recreation regarding the Reciprocal Use of Facilities Agreement be received; and 2. That the Mayor and Clerk be authorized to execute a Reciprocal Use of Facilities Agreement pursuant to which the Durham District School Board will.have use of the City -owned parks listed in Schedule A and the City of Pickering will have use of Board -owned schools and school fields listed in Schedule B from September 1, 2013 to August 31, 2023, that is in a form and substance acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor. Executive Summary: The City of Pickering has a 10 year Reciprocal Use of Facilities Agreement with the Durham District School Board that began in 1993 and was extended in 2003 for a further 10 years. The Reciprocal Use of Facilities Agreement is now set to expire on August 31, 2013. The Reciprocal Use of Facilities Agreement outlines the contractual arrangement between the City and the Board for the use of facilities owned by either party. In the agreement, the Board has use of the City -owned parks listed in Schedule A and the City of Pickering has the use of the Board -owned schools and school fields listed in Schedule B. The Culture & Recreation Department recommends that the Reciprocal Use of Facilities Agreement with the Durham District School Board (Attachment 1) be executed for the period September 1, 2013 to August 31, 2023. Financial Implications: Annual city staff and materials costs required to maintain City - owned parks used by the Durham District School Board and Board -owned school fields used by community sport groups through the City permitting process is approximately $66,000 and $7,600- respectively. Some costs are recovered through the administration fee charged to park permits which total $2,500 annually. Report CR 10 -13 July 8, 2013 Page 2 In return, the City of Pickering has the use of schools and school fields to operate various municipal recreation and leisure programs. The annual net registration revenue for City programs that take place at school facilities totals approximately $55,500. Discussion: The City of Pickering is party to a 10 year Reciprocal Use of Facilities Agreement with the Durham District School Board beginning in 1993 that was extended in 2003 for a further 10 years. The Reciprocal Use of Facilities Agreement is now set to expire on August 31, 2013. The Reciprocal Use of Facilities Agreement outlines the arrangement between the City and the Board for the use of facilities owned by each party. In the Agreement, the Board has the use of the City -owned parks listed in Schedule A and the City of Pickering has the use of the Board -owned schools and school fields listed in Schedule B. City staff and Durham District School Board representatives have reviewed the existing agreement and made updates that reflect current practices that meet the needs of both parties. The most notable revisions -to the Agreement include a requirement that the Board confirm summer permits by May 15th; to provide notice of not less than 10 days for cancelled Board permits; to require the Board to request "no fee" permits from the City for the use of City -owned parks for its tournaments and special occasions; and an updated list of facilities in Schedules A and B that reduce the list of properties that the City of Pickering is required to maintain. The revised Agreement also reflects the current arrangement with Dunbarton High School for the use of the Dunbarton Indoor Pool. This section of the Agreement was terminated by the Durham District School Board on April 10, 1996. In response, the City now enters into an annual agreement with Dunbarton High School which permits it use of the pool during the school day from October to March of each year. The school is responsible to provide its own lifeguards at its expense. The City of Pickering continues to make the pool available for City programs and community use (subject to permit fees) during all remaining hours. Over the past 20 years, the City of Pickering and the Durham District School Board have built a successful partnership with respect to the reciprocal use of facilities. This arrangement has enabled the City of Pickering to offer quality recreation and leisure programs at school facilities which staff could not otherwise offer due to limited municipal facilities (specifically gymnasiums). Such municipal programs include summer camps, badminton, volleyball and culinary arts for which the City generates program revenue through program registration fees. Moreover, the Agreement enables the City of Pickering to offer over 180 hours each year in free recreation programming at school facilities. This free programming is part of the City's "Free Teen Programs" for which the municipality is recognized as a Youth Friendly Community Builder — Gold Status by PlayWorks Ontario. Report CR 10 -13 . July 8, 2013 Page 3 In the same way, the availability of school fields also provide much needed facilities for various sport users groups that receive a permit for field use from the City of Pickering. The demand of these sport user groups for field use is significant and can only be met through the availability of school fields in addition to municipal parks. The access to school fields in addition to city parks enables these sport groups to further develop their players and their sport within the community. Clearly, the initiation of the Reciprocal Use of Facilities Agreement for a new 10 year term ending August 31, 2023 with an option for a 10 year extension is an expression of the City's ongoing commitment to community development. Therefore, the Culture & Recreation Department recommend that the Reciprocal Use of Facilities Agreement with the Durham District School Board be renewed for the period September 1, 2013 to August 31, 2023. Attachments: Draft Reciprocal Use of Facilities Agreement — September 1, 2013 to August 31, 2023 Prepared By: ktarisa Carpino Director, -Cultutd & Recreation Rob Gagen Supervisor, Parks Operations me Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer ndorsed By: Ri6hard Holborn, W Director, Fineering & Public .I Paul Bigio Director, C rpo t� ervices & City Solicitor 2, 20 ATTACHMENT# LT0PEP0RT#_L—IQie — I'j This Reciprocal Use of Facilities Agreement made, 2013, BETWEEN: Durham District School Board hereinafter called the "Board" -and- The Corporation of the City of Pickering hereinafter called the "City" Of The First Part, Of The Second Part. Whereas the Board is a board as defined in section 1 (1) of the Education Act (Ontario), as amended, and as such is the owner of certain school buildings and lands within the geographic boundaries of the City of Pickering which facilities are used by members of the public and various community groups for both private and City- sponsored activities; and Whereas the City is an area municipality within the Regional Municipality of Durham and is the owner of certain parks and recreational buildings within the geographic boundaries of the City of Pickering which facilities are used by members of the public (including students enrolled in Board schools) and various community groups for both private and Board- sponsored activities; and Whereas the City has the authority under section 94 of the Municipal Act (Ontario), as amended, to operate and manage recreational areas, playgrounds, athletic fields, auditoriums, community recreation centres and other places of recreation and amusement; and , Whereas each of the Board and the City wishes to enter into a reciprocal use agreement to provide for the use by the other of certain of its facilities, and for the use of the Board's facilities by certain community groups acting under the auspices of the City; Now Therefore This Agreement Witnesseth That, in consideration of the sum of $2.00 now paid by each to the other, the receipt of which by each is hereby acknowledged, and of the terms and conditions herein set out, the Board and the City covenant and agree as follows: 1. Term Of Agreement (1) This Agreement shall be in effect for a term of ten years, beginning September 1, 2013 and expiring August 31, 2023, unless it is extended or earlier terminated pursuant to this section. (2) Despite the provisions of subsection (1), upon the expiry of the term hereof, or of any extension of the term hereof, the term of this Agreement shall be deemed to be. extended for a further period of ten years, upon the same terms and conditions as are contained herein (including this provision for extending the term of this Agreement), unless either the Board or the City, at least one month before the expiry of the term or any extension thereof, gives . written notice to the other of its intention to terminate the Agreement upon the expiry of the current term. (3) Either party may terminate this Agreement prior to the expiry of the term, or any extension thereof, by giving six months written notice to the other party. 2. Assignment Of Agreement Neither party shall assign any of its rights or obligations hereunder to any person without the prior written permission of the other party. 3. Notice (1) Any notice given under any provision of this Agreement shall be sufficiently given if personally served upon, or mailed by prepaid ordinary mail to, (a) in the case of notice to the Board, Superintendent of Education /Facilities Services Durham District School Board 400 Taunton Road East -2- Whitby, Ontario L1 R 2K6; (b) in the case of notice to the City, Director, Culture & Recreation The Corporation of the City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 (2) Any notice personally served in accordance with subsection (1) shall be deemed to have been given on the next business day following the day of service. (3) Any notice served by ordinary mail in accordance with subsection (1) shall be deemed to have been given on the sixth calendar day following the day of mailing. (4) Any notice sent by electronic means in accordance with subsection (1) shall be deemed to have been given on the next business day following the day of electronic transmission. 4. Interpretation (1) The Schedules attached hereto shall form part of this Agreement. (2) In this Agreement, the term "force majeure" means acts of God, strikes, lockouts or other labour disturbances, civil disturbances, acts of a public enemy, wars, riots, sabotage, epidemics, landslides, snowslides, lightning, earthquake, fire, storm, flood, washout or explosion and any other event or occurrence beyond the reasonable control of the Board or the City, as the case may be, whether or not of the nature of those mentioned above. (3) This Agreement and everything contained herein shall enure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns. 5. Board Use Of City Park Facilities (1) The Board shall have the use of the City parks listed in Schedule A attached hereto for student educational, athletic and recreational purposes between 0700 hours and 1700 hours, Monday through Friday, from and including September 1 in each year to and including June 30 of the following year, school holidays excepted, without the need for a City -3- permit authorizing such use, with the exception of tournaments and special events held by the Board. In order to facilitate City planning for maintenance, schools are required to request no -fee permits from the City for tournaments and special events, not less than 14 days before the proposed event. (2) The Board shall have priority over any other user other than the City or a City- sponsored organization for the use of the City parks listed in Schedule A for the purposes set out in subsection (1) at all other times between September 1 in any year and June 30 in the following year, subject to permits issued by the City and any terms and conditions that the City may reasonably attach to the issuance of those permits. (3) The use of any park by the Board pursuant to this section shall include the use of any available, (a) baseball or softball diamonds, (b) parking facilities, (c) playground equipment, (d) football or soccer fields and posts, (e) track and field facilities, and (f) skating surfaces. located at or in the park. (4) The use of any park by the Board pursuant to this section shall not include the right, (a) to erect, construct or install any feature, thing or apparatus in the park, (b) to remove, reconstruct or change any feature, thing or apparatus in the park, or (c) to bring or drive any vehicle into the park (except into any parking facility in the park), without the prior written permission of the City. (5) The use of any park and facilities therein by the Board pursuant to this section shall be subject to the regulations set out in Schedule A attached hereto, the contravention of any of which may result in the City, in its sole discretion, suspending the Board's right to use the park in question for up to thirty days or revoking the school's permit to use the park, if such use was pursuant to a permit, or both. -4- (6) Except for delays or interruptions caused by or arising out of events of force majeure, and subject to normal wear and tear and maintenance required thereby, the City shall keep and maintain the parks and facilities therein in good condition, at its sole expense, so that they are available for the Board's use. (7) The Board shall assume all liability and obligation for any loss, damage or injury to persons or property that occurs during the use or occupation of any park and facilities therein by the Board pursuant to this section and the Board shall indemnify and save harmless the City of and from any such loss, damage or injury and all actions, proceedings or claims arising therefrom except to the extent to which such loss, damage or injury is caused or contributed to by the neglect or default of the City, its servants, agents or employees. (8) The Board shall pay any taxes or similar charges that may be levied during the term hereof against any of the lands that comprise any of the parks as a result of the Board's use or occupation thereof pursuant to this section. 6. Board Use Of Indoor Pool: Dunbarton High School Use Of Dunbarton Indoor Pool Dunbarton High School shall have the use of the City's Dunbarton Indoor Pool for student educational, athletic and recreational purposes between 0730 hours and 1500 hours, Monday through Friday, from and including October 1 in each year to and including the Friday before March Break in the following year, school holidays excepted, without the need for a city permit authorizing such use. The exact hours and terms of use by Dunbarton High School shall be subject to an annual agreement entered into by September 10 of each year between the City and the Board. In the event that the City wishes to make use of Dunbarton Indoor Pool within the dates and times specified above, then it shall seek the consent of Dunbarton High School to such use, which consent shall not be unreasonably withheld. In the event that Dunbarton High School wishes to make use of the Dunbarton Indoor Pool outside of the dates and times specified above, then it shall seek the consent of the City to such use, which consent shall not be unreasonably withheld. Dunbarton High School's use of the Dunbarton Indoor Pool shall also be subject to the following: -5- (a) Dunbarton High School agrees that the keys to the pool are stored in a secure place and only provided to qualified lifeguards who have attended the required training session. (b) Dunbarton High School will provide to the City of Pickering, a schedule of actual hours, to include breaks and lunch hours, prior to the beginning of each semester. (c) Dunbarton High School agrees to provide the City of Pickering with a certificate of liability insurance, identifying the Corporation of the City of Pickering as additionally insured, with coverage for any one occurrence or claim of not less than $5,000,000.00. Dunbarton High School agrees to provide the City of Pickering with written information from the agent or insurer that insurance on the terms and the amounts specified above has been arranged prior to the start of the annual contract. (d) The City of Pickering reserves the right to close the facility for maintenance, major events and inclement weather. (e) The City obtains electricity and water through services submetered from the Board's Dunbarton High School. (f) If Dunbarton High School wishes to make additional use of the Dunbarton Indoor Pool at any time on a weekday between the hours of 6:00 -7:30 and 15:00- 16:45, then such additional use shall be provided for in the annual agreement referred to above, provided that such additional use shall be limited to a maximum of six hours per week. 7. ' City Use Of Board School Facilities (1) The City shall have the use of facilities within or associated with the Board's schools listed in Schedule B attached hereto for City educational, athletic and recreational programme purposes between 1830 hours and 2230 hours for gymnasiums and between 1800 hours and 2230 hours for classrooms, Monday through Friday except public holidays, and between 0700 hours and 2300 hours, Saturday, Sunday and public holidays, subject to permits issued by or on behalf of the Board and any terms and conditions that the Board may reasonably attach to the issuance of those permits. (2) The use of any facility within or associated with a school by the City pursuant to this section shall include the use of any available, (a) desks, tables and similar furniture, (b) dressing and change rooms, (c) parking facilities, (d) sports equipment in the nature of nets, goal and hoops, (e) washroom facilities, (f) baseball or softball diamonds, (g) playground equipment, (h) football or soccer fields and posts, (i) track and field facilities, and (j) skating surfaces, located in or associated with the school. (3) The use of the Dunbarton High School by the City pursuant to this section shall include the right of the City to be provided with sufficient keys to enable it to gain access to and to use the West Gymnasium therein (except the Physical Education office) without the need to have Board employees present. (4) The use of any facility within or associated with a school by the City pursuant to this section shall not include the right, (a) to erect, construct or install any feature, thing or apparatus in the facility or school, (b) to remove reconstruct or change any feature, thing or apparatus in the facility or school, or (c) to bring or drive any vehicle onto the school grounds (except into any parking facility associated with the school), without the prior written permission of the Board. (5) The use of any facility within or associated with a school by the City pursuant to this section shall be subject to the regulations set out in Schedule B attached hereto, the contravention of any of which may result in the Board, in its sole discretion, suspending the City's right to use the facility or school in question for up to thirty days or revoking the City's permit to use the facility or school, or both. (6) Except for delays or interruptions caused by or arising out of events of force majeure, and subject to normal wear and tear and maintenance required thereby, the Board shall keep and maintain the schools and facilities therein or associated therewith in good condition, at its sole expense, so that they are available for the City's use. -7- (7) The City shall, at its expense, maintain in their present condition all of the outdoor playing fields associated with the Board's schools listed in Schedule B attached hereto that are used by the City for City, athletic programmes. (8) The City shall assume all liability and obligation for any loss, damage or injury to persons or property that occurs during the use or occupation of any school and facilities therein or associated therewith by the City pursuant to this section and the City shall indemnify and save harmless the Board of. and from any such loss, damage or injury and all actions, proceedings or claims arising therefrom except to the extent to which such loss, damage or injury is caused or contributed to by the neglect or default of the Board, its servants, agents or employees. (9) The City shall pay any taxes or similar charges that may be levied during the term hereof against any of the lands that comprise any of the schools as a result of the City's use or occupation thereof pursuant to this section. 8. Community Use Of Board School Facilities Community groups may have the use of facilities within or associated with the Board's schools subject to permits issued by the Board and to the terms and conditions of any Board policy respecting such use and the issuance of such permits. In Witness Whereof the Board and the City have hereunto affixed their corporate seals, attested by the hands of their authorized officers. Signed, Sealed & Delivered Durham District School Board Joe Allin, Chairperson Ed Hodgins, Superintendent of Education /Business The Corporation of the City of Pickering David Ryan, Mayor Debbie Shields, City Clerk sm Schedule A Part 1 — City Parks Which The Board May Use Item Park 1. Mitchell Park 2. Major Oaks Park 3. Bidwell Park 4. McPherson Park 5. Glengrove Park 6. Amberlea Park 7. Maple Ridge Park 8. Hull Memorial Park 9. David Farr Park 10. Forestbrook Park 11. Greenwood Park 12. Beverley Morgan Park 13. Brock Ridge Park 14. Claremont Park 15. Dunmoore Park 16. Kinsmen Park 17. Valleyview Park 18. Woodsmere Park Adjacent School* Bayview Heights Public School Valley Farm Public School Fairport Beach Public School Gandatsetiagon Public School Glengrove Public School Highbush Public School Maple Ridge Public School Rosebank Public School Vaughan Willard Public School William Dunbar Public School Valley View Public School Pine Ridge Secondary School Westcreek Public School Altona Forest Public School *identified for reference purposes only Part 2 — Regulations for Use of City Parks by Board Item Regulations 1. The Board shall be responsible for the conduct and supervision of all persons involved in the Board activity in the park, whether those persons are spectators or participants. 2. The Board shall not cause or permit to be caused at the park any unusual or unnecessary noise that disturbs the peace, quiet or comfort of any person in any residence, institution or place of business within the City. 3. Games of chance, lotteries or gambling in any form shall not be permitted in any park. -10- 4. The Board shall ensure that all persons admitted to the event in the park have vacated the park by 1700 hours. 5. If liquor of any type is to be served, sold or available at the event, the Board shall obtain all necessary permits and licenses and file a copy of each with the City at least two weeks prior to the event. 6. The Board shall not restrict the use of the park by other members of the public unless such use conflicts with the Board's use. -11 - Schedule B Part 1 — Board Schools Having Facilities Which The City. May Use Item School Fields 1. Valley Farm Public School '2. Fairport Beach Public School 3. Frenchman's Bay Public School 4. Gandatsetiagon Public School 5. Glengrove Public School 6. Highbush Public School 7. Maple Ridge Public School 8. Rosebank Public School 9. William Dunbar Public School 10. Dunbarton High School Annex, formerly Woodlands Centennial Public 11. School 12. Altona Forest Public School Westcreek Public School 13. Dunbarton High School 14. Pine Ridge Secondary School School Buildings Dunbarton High School Pine Ridge Secondary School Part 2 — Regulations for Use of Board School Facilities by City Item Regulations 1. Buildings and Grounds 1.1 (a) Consumption of alcoholic beverages shall not be permitted within Board buildings or on Board grounds. (b) Refreshments of any type shall not be taken into auditoriums or gymnasiums. 1.2 Smoking shall not be permitted within Board buildings or on Board grounds. 1.3 No animals except service animals shall be permitted in Board buildings. 1.4 (a) The use of Board buildings and grounds shall be restricted to the use specified in the approved permit application. -12- (b) The use of a school cafeteria may be made available if requested in the permit application, but the use of the associated kitchen area and servery must be arranged by the City directly with the caterer supplying food services to that building. 1.5 (a) The use of any Board building or grounds shall be at all times subject to the supervision of Board employees; on Saturdays, Sundays and public holidays, the use of the Dunbarton High School West Gymnasium shall be under the supervision of City employees. (b) A Board employee shall open the building, secure the building at the completion of the use, handle any facility emergencies that arise and generally protect the interests of the Board; on Saturdays, Sundays and public holidays, at the Dunbarton High School West Gymnasium these functions shall be performed by City employees. 2. Equipment 2.1 (a) The City may be required to provide any or all necessary equipment. (b) Neither Board employees nor City employees are authorized to allow the use of any Board equipment not approved for use in the permit. 2.2 (a) School instructional equipment will not generally be available for use. (b) Physical education equipment may be made available at no charge if requested 'in the permit application and approved by the school principal. (c) The City is responsible for the supervision and safety of users of Board equipment. 2.3 (a) Sound or lighting equipment may be made available at no charge if requested in the permit application and approved by the school principal. (b) In order to use Board sound or lighting equipment, the City must make arrangements through the school to have a trained student operate the equipment at the hourly rate set by the Board from time to time. 2.4 The use of any Board equipment shall be at all times subject to the supervision of Board employees. 2.5 (a) Plans of stage settings or the use of special equipment must be approved by the Board's Superintendent of Facilities Services in consultation with the school principal in advance of the use date. -13- (b) No changes or additions to electrical wiring shall be made without the authority of the Superintendent, and all costs thereof shall be charged to the City. (c) Decorations shall conform to fire safety practices as recommended by the City's Fire Department, shall be limited to flame proof materials and shall not be attached to electric light fixtures or electrical outlets. 2.6 (a) The delivery of stage equipment and the setting of stage properties shall be done outside school hours unless otherwise arranged with the school principal. (b) All equipment shall be removed immediately after the use unless otherwise arranged with the school principal. 2.7 All exits shall be kept clear from any obstruction at all times. 3. Permits 3.1 A permit shall be required for the use of any Board school facility after normal school hours. 3.2 (a) Written applications for permits for City use of Board school facilities shall be made to the Board's Community Use of Schools Department by the City's Department of Culture & Recreation not less than 14 days before the proposed date of use. The Board's Community Use of Schools Department will endeavor to process City applications for summer programs on or before May 15th of each year. (b) Applications for permits for the use of Board school facilities shall be given the following priorities: 1. school purposes and Board programmes; 2. City recreation programmes; 3. community recreation programmes and youth groups; 4. ratepayer associations; 5. other activities. 3.3 When making an application for a permit the City's Department of Culture & Recreation shall ensure that the facility required is available on the date and at the time requested by reviewing its own records and by contacting the Board's Community Use of Schools Department. 3.4 The issuance of a permit shall not establish a rental contract between the -14- City and the Board; the Board may at any time withdraw the use of any facility if in the Board's sole unfettered opinion the use to which the facility is to be put or is being put is not in the best interests of the community or of the Board. 3.5 Permission to charge admission to the use, or sell a product or refreshment in the facility, may be granted if requested in the permit application. 3.6 'When an additional Board custodial employee is provided, or when a regular Board custodial employee is required to work overtime, or when special circumstances warrant, custodial costs will be levied. 3.7 Payment of custodial and other costs shall be made by cheque within thirty days of receipt of the Board's invoice therefor. 3.8 (a) If the City wishes to cancel the use of a facility, it shall notify in writing the Board's Community Use of Schools Department as early as circumstances permit but no later than two full business days before the proposed date of use. (b) Refunds or credits of custodial costs will be made upon a cancellation provided that the City notifies the Board's Community Use of Schools Department at least two full business days before the proposed date of use. 3.9 The City shall ensure that all persons admitted to the use vacate the Board's buildings and grounds promptly at the time specified in the permit. 3.10 If the Board wishes to cancel a permit, notice shall be given as soon as possible, but no later than ten full days prior to its effective date. -15-