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HomeMy WebLinkAboutCC 5 AQUATICS PROG AG 04-07-80DATE: TO: FROM: SUBJECT: March 31, 1980 Inter-Corn Don Biery, Parks and Recreation Director AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN UNIFIED SCHOOL DISTRICT FOR OPERATION OF A SUMMER RECREATION AND AQUATICS PROGRAM The attached agreement appears to'be a most fair arrangement. The fiat daily rates are both less than last year and allows for more hours of usage. The use of the School's aquatic specialist will help ensure closer cooperation between both agencies and is in the best interest of both agencies. While use fees are established by the School District, they will also share in anY s~rplus or deficit, as was done in previousyears. Based on last years response to the aquatic program, which should be greater this summer, this program will be full.y self,financed. Thus, I recommend approval of this agreement; cc City Administrator ~- City Attorney City Clerk DATE: TO: FROH: SUBJECT~ April 3, 1980 Inter-Corn city council Parks and Recreation Director AGENDA'S CONSENT CALENDAR ITEM NO. V-5 This item regarding'"summer Aquatics Agreement" should be removed from the agenda as no action is now required, as explained in the attached letters. I have personally discussed this matter with Larry Sutherland, Manager, Support Services Division. He also-concurs with this action for this year. Attachment DB:ss cc City Administrator April 1, 1980 Mr. Larry Sutherland blanager, Support Services Tustin Unified School District 300 South "C" Street Tustin, CA 92680 RE: Summer Aquatic Program Dear Larry: While the proposed agreement regarding the summer.recreation and aquatic program at Tustin High School is, in my opinion, a most fair and workable arrangement, I am now of the opinion that it is in the best interest of both agencies for the School District to operate the Su~mmer Aquatic Program at the new Tustin High School pool, at least for this coming summer. I concur with the recommendations and concerns expressed by Russ Churchman in the attached memo. To summarize: The high school now has a most qualified aquatic specialist who has many new ideas and operational approaches that are beyond the scope of the Recreation Department. While we support his desire for a quality plus program, the City cannot provide it financially. The Parks and Recreation Department will be without a Director and a Recreation Supervisor during the preparation time for the summer program. Time is also needed to orientate the new appointees. We also realize and respect the School District's interest and concern for the use and operation of its new pool and the desire for full control over it. The operation will work best if it is completely under one agency and one "pool supervisor". .- In no way do we want to imply any negative feelings. We want to be realistic and support the School District in providing a superior summer aquatic program. The City will gladly assign any of its aquatic supplies and equipment for School use. The City will also publicize the aquatic program in the Tustin Today newsletter. Larry Sutherland Page Two April i,~ 1980 I trust that after this summer, the School staff and the new Director cam review and re.evaluate City involvement in future years. Again, I believe this course ofaction will be in'the b~st interest of both agencies. Sincerely yours, Don Biery Parks and Recreation Diyec~0r C~y of Tustin At tachment CC City Administrator City Council Jim Turner, Principal, Tustin High School March 28, 1980 Dear Russ: This is a follow-up to the discussion at our meeting of'Wednesday, March 12, on the Summer Recreation Aquatics Program for Tustin High.' ! sent to Don Biery last week a copy of the proposed agreement between the City and school district, which is intended to formalize our mutual understanding of how the program should operate this summer. ! do have one concern at the moment, however. This involves the qualifi- cations of the supervisory employee in charge at the Tustin High pool dur- ing periods when the district's program director is not present. For several good reasons (e.g., high degree of responsibility for proper con- duct and safety of all participants, and the need for a "firm hand" to assure proper care of the facility, etc.), I believe that a wage schedule for this poisition should be at least $6 per hour, preferably $6-7.50 per hour. I doubt that a lower wage wobld attract competent, fully-qualified individuals,-and certainly would not be a great incentive to do the kind of job which both the City and the school district should require. The additional expense of a slightly higher wage for this position should not be a serious problem in my view. Certainly, qualitY leadership will help attract both quality ass'istants and, in turn, help make'the program ~ more attractive, and thus produce more revenue. In any event, both the City and school district will share in whatever the financial outcome of the program may be--so the slight additional expense should pose no problem. I will appreciate a call to discuss the situation if you desire. Sincerely, L. E. Sutherland, Jr. Manager, Support Services LES:cmc k .O0 C Mr. Russ Churchman lustin Parks and Recreation DePartment 300 Centennial Way ' Tustin, California 92680 cc: Dr. Fleming, Assistant Superintendent P. Lynch, Assistant Principal, Tustin Uigh School DATE: April.l, 1980 TO: Don Biery fROM: Russ Churchman inter-Corn SUBJECT: TUSTIN HIGH SCHOOL POOL PROGRAM After discussion with Boyd Philpot, review of the Joint Powers Agreement, · and the attached letter from Mr. Sutherland, I recommend the following with explanations to follow: That the total pool operation be administered by the School District Aquatics Director, including the hiring of staff, class registrations, etc. B. That the Joint Powers Agreement for other facilities be approved. C. That the City assume a supportive role in terms of program publicity via City Newsletter and at Recreation Centers. Regarding (A) above: After talking to Boyd, I am of the firm opinion~that he is very well qualified, has his gtudents trained, and will hire from among these candidates as well as his assistant(s) if the hourly rate can be made appealing tO them. Further, that based on the hourly rates and total number of staff that he proposes, the pool will operate at a deficit. His proposal is the "ultimate" in good program planning, but cannot be supported by our budgetary restrictions. In addition, with the sudden staff departures at the busiest time of the year, and the uncertainty regarding when the filling of these positions will take place, I question our staff's capability to fulfill our commitment to the pool operation agreement this year. I would recommend that our pool "risers" be made available along with kick boards and any other equipment items we might have. In summary, it appears to me that the District has 95% of the operation. ready to go into motion towards an excellent program. I feel that any involvement on our part other than supportive would be a detriment to Boyd's'effo~ts,' Quite frankly, I have the'~eeling that' Boyd would agree though he has stated nothing to that effect. cc Gary Napper 5 4 5 6 10 211 12 13 15 17 2o 21 22 25 27 2~ AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN UNIFIED SCHOOL DISTRICT FOR OPERATION OF A SUMMER RECREATION AND AQUATICS PROGRAM THIS'AGREEMENT made and entered into this ~day of , 1980, Dy and between TUSTIN UNIFIED SCHOOL DISTRICT, of Orange County, California, a public unified school district, hereinafter referred to as "DISTRICT," and CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "CITY." WITNESSETH : WHEREAS, the Education Code of the State of California authorizes and empowers school districts to organize, promote, and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children'and adults of this State; and school districts and cities are authorized and empowered to cooperate with each other to carry out such activities and to ente'r into agreements With each other and to'do any and all things necessary or convenient to aid and cooperate in carrying out such pur- poses; and WHEREAS, DISTRICT and CITY desire to cooperate with each other and to enter into an agreement to cooperate and carry out such purposes; and WHEREAS, DISTRICT desires CITY to operate a summer recreation and aquatics program at Tustin High School; _NOW, THEREFORE, in consideratioo of the promises aod the mutual covenants and conditions of the parties set forth herein, it is mutually agreed by and between the parties as follows: 1. TERM OF AGREEHENT. The term of this agreement shall be for one year commencing June 16, 1980. The term may be extended by mutual concurrence of the governing bodies of both agencies for use of any of the recreational facilities at Tustin High School as covered by this agreement. 2. SWIMMING. .DISTRICT hereby grants to CITY the right, privilege and license to use the Tustin High School swimminq pool by the Parks and 1 5 6 7 8 9 10 11 12 14 15 16 17 18 19 21 27 Recreation Department of CITY to conduct a summer recreation aquatics program. CITY shall be allowed exclusive use of said pool facility commencing June 16, 1980 through July 31, 1980, and August 4, 1980 through August 31, 1980 during the following times: on Mondays through Fridays from lO:O0 a.m. until 5:00 p.m.; and on r~ondays, Tuesdays~ Thursdays and Fridays from 8:00 p.m. until lO:O0 p.m.; and on Saturdays and Sundays from 12:00 noon until 5:00 p.m. Other periods of time for exclusive use may be scheduled if requested by CITY and approved by DISTRICT. For any of the above periods du6ing whiCh CITY actually uses the swimming pool facility, CITY agrees to pay DISTRICT the following amounts: $68.00 per day for Mondays, Tuesdays, Thursdays and Fridays; $37.50 per day for Wednesdays, Saturdays and Sundays;and $12.50 per hour, with a minimum of two hours ($25.00 minimum fee), for use during other periods as requested and approved. D~STRICT agrees at its sole' cost and expense to maintain ·the swimming pool facility, including the pool, restrooms, and the pool deck equipment, in a safe, clean and useable condition. (Indoor showers, locker and dressing rooms shall not be used by CITY.) CITY a~rees to cooperate and assist in all reasonsble ways to minimize DISTRICT'S cost of maintenance of such facilities. DISTRICT agrees at its sole cost and expense to provide an emoloyee as Aquatics Program Director, who shall be responsible for assur- ing proper supervision of activities at the pool facility at times other than when CITY. has exclusive use. The Aquatics Program Director also shall be on duty at the swimmin? pool facility a minimum of two hours per day Mondays through Fridays during periods when CITY has exclusive use; he shall act as supervisor for CITY programs and activities at the pool while there on duty. The Aquatics Pro~ram Director shall he the DISTRICT'S representa- tive in matters pertaining to proper use of the facility and for schedul- ing of additional periods. -2- 1 8 @ 10 11 12 !& 15 !7 18 19 2O 21 25 2~ 27 28 29 ~0 ~2 CITY agrees to provide a summer recreation aquatics.program consisting generally of learn-to-swim classes, water safety courses, adult instruction, and recreational swimming, with the specific activities and schedules to be determined by CITY. CITY'agrees to provide, at its sole cost and expense, staff to conduct and carry out such summer recreation aquatics program. 'CITY agrees to furnish necessary recrea- tional supplies and equipment, or to use such school supplies and equip- ment as available and approved for use by CITY by the Aquatics Program Directoc of. DISTRICT. School supplies and equipment used by CITY and lost or damaged in the course of such use will be replaced by CITY. It is understood and agreed that CITY will impose reasonable fees and charges upon the participants in the summer recreation aquatics.program, and that a standard schedule of fees and charges will apply for all participants residing in the.Tustin Unified School District regardless of whether or not their place Of residence is within the City of Tust~n. The parties further agree that CITY shall keep accurate records of the fees and charges collected and the amounts expended by CITY for salaries and related fringe benefits, materials, equipment, supplies and other items used in the summer recreation aquatics program; and not later than si~ty (60) days after the completion of the pr6gram, CITY shall provide DISTRICT with a report on the summer recreation aquatics program including an accounting for the receipts and expenditures by CITY. From the proceeds of the fees and charges as are collected by CITY shall be deducted the cost of CITY fo~ the conduct of the pro~ram,'and the surplus or d~fiCit remaining shall be divided or borne equally between the CITY and lheDISTRICT. 3. OTHER RECREATIONAL FACILITIES. DISTRICT further grants to. CITY the right, privilege and license to use other recreational facil~- ties at Tustin High School, consisting of tennis courts, handball courts, baseball diamonds, turf practice fields, and gymnasiums for organized recreation activities by the Parks and Recreation Department of CITY, when such facilities are not otherwise needed by DISTRICT and can be made available for use by CITY. The Principal of Tustin High School -3- 1 8 10 11 12 l& 15 16 17 18 19 2O 21 22 2& 25 26 27 28 29 5o $1 ~2 shall, in behalf of'OISTRICT, make determinations as to which of the other facilities are available and for what periods of time. For use of such other facilities outdoors (i.e,, those excepting gymnasium), no fee or charge for CITY use will be made by DISTRICT. Provided the gymnasium, is used by, CITY on a regular basis. (as opposed to one-time oP occasional use), CITY shall reimburse DISTRICT at the rate of $3.50 per hour for such use. If use by CITY is not on a regular basis, a higher rate for reimbursement, as determined by DISTRICT, shall apply. " 4. HOLD HARMLESS] CItY agrees to save and hold DISTRICT harmless' from any and all liability or loss arising from any acts of CITY'S employees. DISTRICT agrees to save and hold CITY harmless from any and all liability or loss arising fKom any acts of DISTRICT'S employees. IN WITNESS WHEREOF, the parties hereto have caused this'agreement to be executed on the day and year first above written. CITY OF TUSTIN, · - TUSTIN UNIFIED SCHOOL DISTRICT,' a municipal corporation a public unified school district By: By: Mayor President of the Board By: City Clerk By: Clerk of the Board -4-