HomeMy WebLinkAbout- - FDC Attachment 1 - 3/30/2012ATTAMIKEN ' 1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE FAIRVIEW DEVELOPMENTAL CENTER
AND THE CITY OF COSTA MESA
FOR USE OF FACILITIES
SUBJECT TO DEPARTMENT OF GENERAL SERVICES APPROVAL,
THIS MEMORANDUM OF UNDERSTANDING FOR JOINT USE HAS BEEN
PRODUCED BY AND FOR THE FAIRVIEW DEVELOPMENTAL CENTER AND THE
CITY OF COSTA MESA, AS A COLLABORATIVE EFFORT TO CREATE
OPPORTUNITIES FOR THE USE OF RECREATIONAL FIELDS AT FAIRVIEW
DEVELOPMENTAL CENTER CITY OF COSTA MESA PERMITTED USERS AND
DEPARTMENT OF DEVELOPMENTAL SERVICES CONSUMERS RESIDING AT
FAIRVIEW DEVELOPMENTAL CENTER.
THIS Memorandum of Understanding ("MOU"), made an entered into in the City of
Costa Mesa, California, is dated as of by and between the Fairview
Developmental Center ("FDC"), an entity duly organized and existing under the laws of
the State of California and the City of Costa Mesa ("CITY"), a municipal corporation and
public body.
Nothing in this MOU shall be construed to intend that the subject property ("FACILITY"
as defined below) is surplus to the needs of FDC or the State as defined in California
Government Code Section 11011.
RECITALS
WHEREAS, FDC is in legal control and possession of real property and
improvements thereon in the City of Costa Mesa ("FACILITY"), which is capable of
being used jointly by CITY and FDC Consumers for recreational purposes; and
WHEREAS, FDC is required to provide outdoor recreational facilities and
opportunities to consumers served by FDC and FACILITY is a vital and integral part of
the care, treatment, and habilitation services provided by FDC;
WHEREAS, FDC use of FACILITY is generally during daylight business hours
with limited need for evening and nighttime use and CITY needs are generally for non
business hours evening and nighttime use;
WHEREAS, FDC has limited funds for maintaining and improving FACILITY and
CITY has limited land resources for conducting CITY sponsored recreational programs;
WHEREAS, the CITY and FDC desire to use and improve FACILITY for
community recreational purposes and enhance opportunities for FDC consumer use
and programs;
FDC MOU-31212Attach Working RS revised.doc
NOW, THEREFORE, for and in consideration of the collaborative agreements
herein contained, the parties hereto agree as follows:
1. TERM AND COMMENCEMENT
This MOU will commence as of the date in which the corresponding lease
document (L-2313) is executed in accordance with State policy and will continue for a
period not to exceed five (5) years (hereinafter called the FIRST RENEWAL term),
unless sooner terminated as provided for herein.
During this first renewal term, CITY proposes to undertake certain improvements
as delineated in Section 7B {also see Exhibit B). Further, during the first renewal term of
this MOU, parties shall jointly endeavor to develop a FACILITY Masterplan.
Improvements identified for the FACILITY Masterplan are not mandated as a result of
this MOU and are dependent upon funding and approval from all vested interests (i.e.,
FDC and CITY). FDC and CITY agree to meet and confer upon the schedule of
improvements and length of future terms. If agreement on FACILITY Masterplan is not
achieved during the first renewal term, this MOU may be terminated in accordance with
the terms and conditions as specified in the subject lease (L-2313) or as provided for
hereinafter in Section 12 prior to the expiration of the MOU, or it may be extended by
mutual agreement of the parties as allowed by State guidelines.
2. FACILITIES COVERED
The term "FACILITY" will be used for the purposes of this MOU to mean all
property designated in Exhibit A (Site Map).
3. HOURS OF OPERATION OF FACILITY
CITY will be entitled to use FACILITY for CITY -related youth (15 years old and
under) recreational activities, in accordance with the terms of this MOU, Monday
through Friday, 4:00 to 8:00 p.m. and Saturday from 9:00 a.m. to 5:00 p.m. CITY -
related activities must cease at 8:00 p.m. weekdays and at 5:00 p.m. on Saturdays, but
participants, coaches, spectators, and referees shall have 30 additional minutes to clear
FDC property.
FDC retains the right to schedule full or partial use of the FACILITY during CITY
days/hours up to four (4) events every calendar year (see section 4A for scheduling
parameters and minimum time frame of notification) provided that the total number of
event days does not exceed eight (8) days. FDC shall have the right to unlimited use of
FACILITY during CITY days/hours for non -conflicting compatible use by its consumers
concurrent with CITY scheduled activities.
4. SCHEDULING USE OF FACILITY
FDC MOU-31212Attach Working RS revised.doc 2
A. FDC and CITY will develop a master schedule for joint use of FACILITY.
FDC and CITY will schedule bi-annual meetings unless alternate meeting times are
mutually agreed upon. At these meetings both parties will review and evaluate the
status and condition of jointly used FACILITY, address outstanding issues related to
operational impacts on FDC, and will modify or confirm the upcoming six (6) months'
schedule.
B. FDC will have the opportunity to schedule activities after 4:00 p.m. and on
weekends one (1) month in advance of CITY -permitted users. 'Once the advanced
scheduling period has elapsed, FDC priority will revert to the same as other CITY Group
One User Organizations. CITY shall provide FDC with CITY schedule planning calendar
at least sixty (60) days in advance of start of FDC scheduling window.
C. The CITY will be responsible for scheduling use of FACILITY in
accordance with the terms of this MOU for community recreational purposes during
hours of CITY use. FACILITY will be used for youth programs only. For the purposes of
this MOU, youth shall be defined as age 15 and under. CITY may schedule concurrent
use of up to two (2) fields at.any given time and permit up to two (2) teams per field.
D. CITY shall only permit use of FACILITY for practice sessions and
Saturday game play. Official league tournament play is prohibited, unless otherwise
agreed by FDC and City. FACILITY will be permitted to:
1. CITY sponsored youth programs or activities.
2. CITY co -sponsored Group One User Organizations (90% resident
youth programs or activities).
3. CITY designated Group Three User Organizations (51 % or more
resident youth programs or activities).
E. CITY shall provide community user groups with permits authorizing use of
FACILITY and setting out rules and conditions of use as provided in this agreement and
the rules that govern use by the CITY. When rules appear to be in conflict, the more
stringent entity's rules shall apply.
F. CITY and FDC agree to' schedule FACILITY for maintenance "rest and
renovation" periods for turf regeneration during which time no use shall be scheduled by
either party.
G. FDC reserves the right to request staggered scheduling of consecutive
users to mitigate parking, traffic, and associated operational impacts on FDC.
5. OBLIGATIONS OF CITY
During the term of this MOU, CITY hereby covenants and agrees to the following:
FDC MOU-31212Attach Working IRS revised.doc 3
A. Upon the expiration of the first renewal term of this MOU, or upon the
sooner termination thereof, and when surrendered, CITY will leave FACILITY in as good
order and condition as FACILITY was after CITY's initial improvements and renovations.
B. CITY will maintain, or cause to be maintained, turf as identified in Exhibit A
(Site Map) and any improvements made upon FACILITY by CITY as listed in Exhibit B.
This paragraph shall not be deemed to require installation of any of the improvements
listed on Exhibit B.
1. CITY shall maintain and/or improve sprinklers and irrigation
controller for the life of this agreement. Repairs to irrigation system
may require access during non-use hours. FDC shall allow CITY
access for irrigation repairs. All irrigation systems beyond the valve
assembly as shown in Exhibit A shall be the responsibility of CITY.
2. Maintenance schedule and access shall be jointly agreed to by FDC
and CITY. FDC shall allow a minimum of 4 consecutive hours per
week during the 7:00 a.m. to 5:00 p.m. Monday through Friday time
window to perform routine maintenance. CITY will contact FDC as
need arises to approve extraordinary or other infrequent.
maintenance.
3. CITY shall mow, or cause to be mowed, and provide rodent control
to the turf areas as identified in Exhibit A (Site Map), weekly, or as
needed during slow growth periods. Mowing frequency shall be
mutually determined by FDC and CITY.
C. All utilities associated with CITY use and permanent improvements
installed as a result of this MOU shall be paid by CITY. CITY shall be responsible for the
incremental increase in water usage needed to maintain FACILITY turf in acceptable
condition for permitted uses.
D. CITY shall provide and maintain, or cause to be maintained, portable
temporary rest room facilities for CITY -permitted FACILITY users. Restrooms will be
located on state property as indicated on Exhibit A (Site Map) or at a mutually agreed
upon location on an as needed basis. Access to temporary rest room facilities shall be
provided at CITY cost via a gate installed in the fencing surrounding the FACILITY.
Restrooms shall be locked when not in use and will be fully screened to the satisfaction
of both parties.
E. CITY and/or CITY -permitted user groups shall be allowed use of portable
storage containers located on state property as indicated on Exhibit A (Site Map) or at a
mutually agreed upon location on an as needed basis. CITY shall maintain an access
gate to allow direct access from FACILITY to adjacent state property.
FDC MOU-31212Attach Working RS revised.doc 4
F. CITY will allow no vehicles to enter upon turf area of FACILITY except as
may be necessary and authorized for the limited purposes of maintenance, operation,
and delivery of goods and services.
G. CITY shall appoint an employee with whom any authorized agent of FDC
may confer regarding the terms of this MOU.
H. CITY shall enforce all FDC rules, regulations, and policies during use of
FACILITY by CITY -permitted community users. CITY will inform all users of FDC rules,
etc., and will also make known to CITY -permitted users that compliance with all
applicable government codes is additionally required.
1. CITY shall provide for adult personnel necessary for the direction or
supervision of activities sponsored or permitted by the CITY during use of FACILITY.
J. CITY will hold user groups responsible for picking up trash and debris at
FACILITY and for depositing it into the proper trash bins. CITY may provide one (1)
three (3) cubic yard trash bin for CITY -permitted FACILITY users to be located at a
mutually agreed upon location on an as needed basis. If bin is located in a stand-alone
location, CITY shall provide screening or enclosure as required by FDC procedure.
K. CITY may provide portable, temporary lights for use by CITY -permitted
FACILITY users, until such time as permanent lights are installed. Use of portable lights
will be allowed until 8:30 p.m. CITY shall provide secure enclosure(s) for storage of
temporary lights during periods of non-use ("Non-use periods" shall be defined as
periods of two weeks or longer). Enclosures shall be located at a mutually -agreed upon
location at or near FACILITY on an as needed basis. FDC and CITY shall meet and
confer regarding placement of temporary lights. CITY shall need access to field to place
and remove temporary lights for re -fueling. FDC shall have the right to approve the
type, make, and model of temporary lights prior to installation.
L. CITY police forces shall be required to respond to incidents and/or
requests for services involving FACILITY during periods of CITY permitted use.
However, FDC reserves the right to use FDC police forces and/or assume incident
command if the incident primarily concerns FDC consumers, employees or guests at
FDC discretion. FDC police will confer with City police in this event. Control of any
criminal act involving CITY permitted users at the site will be the purview of CITY police,
although FDC police may be first responders.
M. CITY shall only use maintenance products and materials on the
FACILITY that have been reviewed and approved by FDC.
6. OBLIGATIONS OF FDC
During the term of this MOU, FDC hereby covenants and agrees to the following:
FDC MOU-31212Attach Working IRS revised.doc 5
A. FDC shall appoint an employee with whom CITY, or any other authorized
agent of the CITY, may confer regarding the terms of this MOU.
B. FDC shall provide at least thirty (30) days' notice to CITY prior to making
any improvements or placing any equipment, containers or other objects that may
temporarily or permanently reduce area listed in Exhibit A (Site Map). In the event of a
declared FDC, local, regional, state or federal emergency, FDC shall be granted
immediate access to FACILITY and all activities permitted by the CITY will be voided
until such time as the emergency has ended.
C. FDC reserves the right to cancel previously approved and permitted CITY
use of FACILITY. FDC will provide CITY with as much notice as is practical when
canceling previously approved CITY use of FACILITY. Cancellations shall only be made
for unforeseeable events or activities.
D. FDC will have the right to make emergency repairs to FACILITY and to
any improvements made by CITY. In the event that FDC has to make emergency
repairs to any improvement installed by CITY, FDC shall notify CITY within 24 hours of
the time when repairs were. made and apprise CITY of what work was performed and
current condition of item repaired.
E. FDC shall maintain any improvements installed by FDC or by CITY that
are put in for the exclusive use of FDC consumers.
F. FDC shall pay�that portion of the utility expenses attributable to its, existing
fields and improvements directly to the applicable utility provider.
G. FDC shall, at its own expense, arrange for trash disposal for the contents
of City provided trash bins as part of its regularly scheduled trash collection. The
parties shall meet and confer regarding any issues arising from excess trash
accumulation.
H. FDC shall identify and make available nearby on -site parking sufficient for
use of the premises by the CITY, consisting of not less than forty (40) spaces.
7. IMPROVEMENTS
A. CITY will obtain prior written consent of FDC to make any alterations,
additions, or improvements to FACILITY. CITY understands that any such alterations,
additions, or improvements must comply with all state and local standards.
B. Improvements to be made during Fiscal Year 2012/13 shall include the
following:
FDC MOU-31212Attach Working RS revised.doc - 6
1. Removal and replacement of the existing parking lot surface.
Scheduling of access to FACILITY by CITY and its agents, as well as
review of procedures and methodology prior to onset of any work, shall
be by mutual consent of both parties. FDC agrees to provide access to
site as needed by CITY or its agents to perform work, which may
include the use of heavy equipment.
2. CITY will remove or cause to be removed unutilized/abandoned
equipment and other items located on the property adjacent to the
FDC fields and provide FDC approved fencing or screening suitable to
provide a visual barrier between the FDC fields and the golf course
storage site (see Exhibit A, Site Map).
3. CITY will maintain access to FDC fields from golf course for heavy
equipment- and vehicles such as mowers, trash trucks, grading
equipment, etc.
C. CITY will remove unutilized portions of blacktop surface located as
indicated in Exhibit A (Site Map) within six (6) months after date of approval of
FACILITY Masterplan.
D. CITY may undertake additional improvements by mutual consent of both
parties
E. CITY shall maintain improvements, excepting those installed for the
exclusive use of FDC consumers, at its sole cost, during the term of this Agreement.
8. OTHER TERMS AND CONDITIONS
A. All CITY -permitted FACILITY users shall be required to adhere to all FDC
policies, procedures, rules and regulations. FDC reserves the right to ban any
individual, team, group or league from use of FACILTY for violation of FDC rules and
regulations at the sole discretion of FDC. FACILITY users who fail to comply with FDC
rules and regulations may be asked to immediately leave the property. FDC will not be
responsible for recompense for costs or hours lost due to expulsion.
B. CITY agrees to monitor site sufficient to control permitted activities with
appropriate adult staff, which may include, but not be limited to Field Ambassadors, City
Park Rangers, City Police, and Recreation Division personnel. City and FDC shall meet
and confer to ensure monitoring of permitted activities at site is sufficient. FDC will be
provided emergency call numbers for all relevant personnel. FDC shall reserve the right
to use its own police force and/or personnel to enforce FDC rules and regulations and
State codes, laws, etc. as these pertain to their clients, employees and guests and/or
non -criminal infractions.
FDC MOU-31212Attach Working RS revised.doc 7
C. All CITY -permitted FACILITY users shall respect the privacy and sensitivity
of FDC consumers, visitors and staff. Users are to comply with all requests of FDC
administrators and managers regarding health and safety issues and impacts on facility
operations.
D. CITY -permitted FACILITY users shall be made aware that the site is on
California State Developmental Center property under the jurisdiction and control of the
State of California and. that FDC has consumers who occupy housing in the same
general area.
E. CITY -permitted FACILITY users shall cooperate with FDC authorities, and
shall not interfere or cause interference with operations of FDC.
F. Clear access for emergency vehicles shall be maintained at all times.
G. Vehicular and pedestrian access to site shall be as directed by FDC.
H. FACILITY shall be available to FDC and State personnel and inspectors at
all times. CITY -permitted FACILITY users shall anticipate that FDC personnel will visit
the FACILITY on a frequent, irregular basis to observe activities. CITY -permitted
FACILITY users will keep a. copy of their CITY -issued permit available for inspection at
all times of FACILITY use.
I. Amplified sound producing. devices are prohibited at all times.
J. CITY and CITY -permitted FACILITY users shall report to FDC immediately
upon discovery the loss of any tools, equipment or materials stored or used on
FACILITY. FDC will not be responsible for losses due to theft or otherwise. However,
this paragraph shall not be construed to obligate FDC to assume responsibility for
investigations of thefts reported to FDC.
K. Material Safety Data Sheets (MSDS) for all materials CITY uses on site
must be available on -site for all required materials and supplies.
L. No firearms, narcotics, drugs, intoxicants, alcoholic beverages, knives or
similar sharp objects, weapons of any kind, or other prohibited items are. allowed on
FACILITY or FDC property at any time.
M. All CITY -permitted FACILITY users who drive a vehicle onto FDC property
shall remove ignition keys from their vehicle when they are out of the vehicle.
Unattended vehicles are to be locked at all times when on FDC property. All vehicles
must park in designated parking areas (See Exhibit A, Site Map). Only "head in"
parking is allowed. Additionally, vehicles dropping off and/or picking up FACILITY users
shall do so utilizing available parking spaces. The dropping and/or retrieving of
FACILITY users from the street, curb, or general central parking lot area is prohibited.
FDC MOU-31212Attach Working IRS revised.doc 8
N. If CITY places locks on any improvements to FACILITY, FDC shall also
have the right to install a lock ("daisy chain") in order for both entities to have access to
said improvement, except for any facilities located on CITY property, as well as CITY
storage facilities and portable lights (except when in use on FDC FACILITY).
O. City employees and field users shall not have access to or use of any
facilities on the FDC site except for the recreational areas and related parking lot(s)
covered by this MOU.
P. Smoking is prohibited on FACILITY and/or FDC grounds.
Q. All City rules and regulations with respect to recreational field use and
allocation shall apply to use of FACILITY where they do not directly contradict the terms
of this MOU. Where redundant references to rules, regulations, or terms are present,
the more stringent shall apply.
R. No pets (except Guide Animals) are allowed on FDC grounds.
S. Barbeques or other heat producing devices are prohibited
T. The taking of photographic or video -graphic pictures is prohibited without
the written approval of FDC.
U. FACILITY users shall observe all FDC posted rules and regulations.
V. No foreign objects of any kind are to be discarded on FDC property.
9. LIABILITIES AND INDEMNIFICATION
A. CITY is financially responsible for damages to the real or personal
property of FDC caused by CITY or CITY -permitted FACILITY users' use of FACILITY.
Nothing herein shall be deemed to preclude CITY from seeking or obtaining
reimbursement from any responsible party.
B. CITY will indemnify, defend, and hold harmless FDC, its officers, agents,
employees, representatives, and volunteers from damage to property and for injury to or
death of any person and from all claims, demands, actions, liability, or damages of any
kind or nature arising out of or in connection with activities or programs sponsored by
CITY at FACILITY, except those which arise out of the sole negligence of FDC. CITY
shall not be liable for damages arising out of or caused by an alteration or an
attachment not made or installed by the CITY, or for damage to alterations or
attachments that may result from the normal operation and maintenance of the
improvements provided by the CITY during the term of the MOU
FDC MOU-31212Attach Working RS revised.doc 9
C. FDC will indemnify, defend, and hold harmless CITY, its officers, agents,
employees, representatives, and volunteers from damage to property and for injury to or
death of any person and from all claims, demands, actions, liability, or damages of any
kind or nature arising out of or in connection with activities or programs sponsored by
FDC at FACILITY, except those which arise out of the sole negligence of CITY.
D. When performing work on property in the care, custody or control of the
State, CITY shall either be lawfully self -insured or shall maintain commercial general
liability insurance, workers' compensation insurance and any other appropriate
insurance the parties agree upon. Upon request, the CITY may be required to have the
State shown as an "additional insured" on selected policies of insurance which it may
have. ADDITIONAL INSURED IS REQUIRED
E. CITY agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting
to any and all contractors, subcontractors, or any person, firm, or corporation furnishing
or supplying work, services, materials or supplies in connection with the construction of
the improvements to be built on FACILITY by CITY. CITY shall not permit any lien to be
placed on the property of the -State in connection with any such work of improvement.
10. ASSIGNMENTS AND SUBLEASE
A. CITY may enter into agreements of use by permit with groups for
recreational purposes. CITY will be the sole permitting agent for FDC FACILITY during
CITY use hours. Such agreements for use are subject to and deemed to incorporate by
reference all provisions of this MOU.
B. CITY may charge a fair and reasonable fee or accept in -kind services from
CITY -permitted FACILITY users to offset the costs associated with the use of
FACILITY.
C. Neither CITY . nor FDC may assign or transfer this MOU, or any part
thereof, without the written consent of the other party.
11. NOTICES
A. All notices, statements, demands, requests, consents, approvals,
authorizations, appointments, or designations hereunder by either party to the other will
be in writing and will be deemed given and served upon the other party, if delivered
personally or three (3) days after depositing in the United States mail, postage prepaid,
addressed to:
If to CITY: If to FDC:
FDC MOU-31212Attach Working RS revised.doc 10
City of Costa Mesa
77 Fair Drive
Post Office Box 1200
Costa Mesa, California 92628-1200
Attention: Recreation Division
Manager
12. TERMINATION
Fairview Developmental Center
2476 Shelley Circle
Costa Mesa, California 92626
Attention: Executive Director
This MOU maybe terminated, with cause, at any time during the term hereof
by either party to this MOU upon six (6) months' written notice to the other party. No
such termination notice may be given until a written notice has been given to the other
party specifying the asserted cause for termination and giving that party at least thirty
(30) days to cure the condition or conduct which is alleged to be cause for termination.
13. SEVERABILITY AND APPLICABLE LAW
Whenever possible, each provision of this MOU will be interpreted in such a
manner as to be effective and valid under applicable law, but if any provision of this
AGREEMENT will be invalid under the applicable law, such provision will be ineffective
to the extent of such prohibition or invalidity, without invalidating the remainder of such
provision, or the remaining provisions of this MOU. This MOU has been made and
entered into in the State of California and the laws of said State will govern the validity
and interpretation hereof and the performance hereunder by the parties herein.
14. AGREEMENT
This MOU and the parties' lease sets forth the entire agreement between the
parties with respect to the facilities listed in Exhibit A (Site Map). Both parties must
agree to any modifications in the form of a written amendment.
15. WAIVER
The failure of CITY or FDC to insist upon strict performance of any of the
terms, conditions, or covenants in this MOU will not be deemed a waiver of any right or
remedy which CITY or FDC may have and will not be deemed a waiver of any right or
remedy for a subsequent breach or default of the terms, conditions, or covenants herein
contained.
16. BINDING EFFECT
FDC MOU-31212Attach Working RS revised.doc 11
This MOU and all the terms, covenants, conditions, and agreements herein
contained will be binding upon and inure to the benefit of the parties hereto and their
respective successors.
and CITY.
FDC:
IN WITNESS WHEREOF, this MOU has been duly approved by both FDC
CITY:
Fairview Developmental Center City of Costa Mesa
in
(Insert typed name)
Manager
Dated:
Dated:
(Insert typed name)
Mayor
Exhibit A Site Map
Exhibit B Site Improvements to be done by CITY in first renewal term
FDC MOU-31212Attach Working RS revised.doc 12
EXHIBIT B PROPOSED SITE IMPROVEMENTS BY CITY
Other Non -permanent on -going initial term FACILITY Improvements:
Lockable portable rest rooms (located on City property) with screening/enclosure
3 cubic yard trash bin (if needed)
On -going FACILITY maintenance:
Mowing
Aerating
Sprinkler maintenance
Verticutting
Fertilization
Litter Control (for days of use only)
Rodent control
Other Permanent Improvements to be done by CITY after adoption of FACILITY
Masterplan as funding permits:
Removal of unused blacktop area (within 6 months after approval of Masterplan)
Removal of fencing around unused black top area
Installation of beach volleyball court
Installation of bocce ball courts (2)
Additional Parking Facilities
Permanent lighting
Picnic area improvements
ADA to Code for area
Monument sig.nage naming the field as the FDC Special Olympics Training Facility
Other items as agreed to by FDC and CITY in the Master Plan
FDC MOU-31212Attach Working RS revised.doc 13