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HomeMy WebLinkAboutCSD-17-011 - Memorandum of Understanding - Chicopee Hills Public School REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: February 13, 2017 SUBMITTED BY: Mark Hildebrand, Director Community Programs and Services, (519) 741-2200 ext. 7687 PREPARED BY: Rohan Thompson, Supervisor Community Centres, 519-741-2200 ext. 5485 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: January 18, 2017 REPORT NO.: CSD-17-011 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH WATERLOO REGION DISTRICT SCHOOL BOARD - CHICOPEE HILLS PUBLIC SCHOOL ____________________________________________________________________________ RECOMMENDATION: That the Mayor and Clerk be authorized to execute an agreement with the Waterloo Region District School Board for the shared use of Chicopee Hills Public School, said agreement to be satisfactory to the City Solicitor. BACKGROUND: Report CSD-15-016 presented at the March 2015 Planning and Strategic Initiatives Committee meeting recommended that the Grand River South Community Plan be amended. The proposed amendments would allow for a zone change, which would permit the Waterloo Region District School Board to build Chicopee Hills Public School located at the corner of Fairway Rd. and Lackner Blvd. One of the proposed amendments stated; “That the City of Kitchener and Waterloo Region District School Board formally pursue shared facility discussions for the community to utilize space within and/or on any school site at the northeast corner of Fairway Rd. / Lackner Blvd. for programming and events.” As a follow up to the report, City of Kitchener and Waterloo Region District School Board staff worked together and developed a Memorandum of Understanding (MOU) which would allow for shared use of space at Chicopee Hills Public School. This shared space agreement would give the opportunity to engage residents in that neighborhood *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 for the purpose of developing and implementing a range recreational programs that would meet community needs and interests. REPORT: Attached as appendix A is the Memorandum of Understanding (MOU) outlining the shared use of space at the Chicopee Hills Public School, and responsibilities of The City of Kitchener and the Waterloo Region District School Board. The following key points are found within the MOU: The Board and City seek to serve the community’s best interests and are committed to each other as valued partners The Board and City have a shared responsibility to accommodate community groups and programming in their facilities During the first year of school operation, the City will be granted limited access to Chicopee Hills for initial start-up, mobilization of staff, and program development meetings, subject to working collaboratively with the school and the Board’s Community Use of schools staff to determine appropriate times and terms During the second to fifth years of school operation, the City shall have the right of first refusal for the use of the Chicopee Hills gymnasia and library/learning resources spaces after the school and the Board have determined their needs for those spaces The Board shall waive all associated fees and cost recovery rental charges for all children, youth and adult programming by the City or its agent save and except that the City shall pay the cost of having a custodian in the building This MOU may only be amended by mutual consent, with the exception of the Board having to adhere to provincial legislation or a mandatory directive by the Ministry of Education This Memorandum becomes effective on March 1, 2017, and will extend for a period of five years and four months thereafter unless terminated earlier by mutual agreement. This Agreement may be extended for a further term of up to five years by mutual agreement of both parties ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s Strategic Plan through the commitment to creating Safe and Thriving Neighborhoods. FINANCIAL IMPLICATIONS: Existing Community Centre staff will engage the community for the purpose of the development and implementation of recreation programs. Additional expenses including custodial fees and program supplies will initially be covered through existing operating budgets and/or grant monies. 1 - 2 COMMUNITY ENGAGEMENT: Staff will work with the school community and residents surrounding Chicopee Hills Public School to determine community recreational program needs and how to best utilize the school facilities that are provided as per the MOU. The engagement will occur through a number of community meetings, surveys and key informant interviews with residents, Chicopee Hills Public School staff and other relevant stakeholders. This process will begin in September 2017. ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services 1 - 3 MEMORANDUM OF UNDERSTANDING between: WATERLOO REGION DISTRICT SCHOOL BOARD and THE CORPORATION OF THE CITY OF KITCHENER (hereinafter In support of Site Plan Approval for: Chicopee Hills Public School th WHEREAS the Citypassed a resolution of Council dated the 9 day of March, 2015 which states: That the City of Kitchener and Waterloo Region District School Board formally pursue shared facility discussions for the community to utilize space within and/or on any school site at the northeast corner of Fairway Rd/Lackner Blvd for programming and events, AND WHEREAS the primary use of thproperties is for the education of residents within its jurisdiction, which is funded and guided by the Ontario Ministry of Education and the Education Act, R.S.O. 1990, c. E.2; AND WHEREAS are committed to each other as valued partners; AND WHEREAS cooperative and collaborative relationships between school boards, municipalities, and community organizations are part of the foundation of a strong, vibrant and sustainable publicly funded education system as well as safe and healthy neighbourhoods; AND WHEREAS the Board and Cityhave a shared responsibility to accommodate community groups and programming in their facilities,andboth seek to serve the ; Page 1 1 - 4 AND WHEREAS the Board,in valuing and encouraging the community use of schools for the mutual benefit of students as well as the local community,has established protocols under Policy 4002,which state that: 1.1.1 the primary responsibility of the Board is to provide quality education to students at each of its facilities; 1.1.2 legislation and regulations allow a school board to make school buildings and premises available for any educational or lawful purpose it deems proper, provided there is no cost to the Board; 1.1.3 the community use of schools program is administered on a cost recovery basis; 1.1.4 use by the community shall not interfere with the proper conduct of school and Board programs nor with the security and maintenance of ; 1.1.5 all users will be required to respect the property of the Board and abide by the terms and conditions set out in their rental contract; AND WHEREAS the Boardmanages community use under its Administrative Procedure 4985, which is subject to amendments, and all parties are expected and obligated to abide by the rules and regulations set out under that procedureexcept as otherwise agreed herein. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1.0 Understanding This Memorandum of documents the agreement between the parties as follows: 1. This MOU and its terms are exceptional and in no way set aprecedent or prejudice the Board or the City in any future dealings; 2. During the first year of school operation, the City will be granted limited access to Chicopee Hills for initial start-up, mobilization of staff, and program development meetings, subject to working collaboratively with the school and the Board's Community Use of schools staff to determine appropriate times and terms; 3. During the second to fifth years of school operation, the City shall have the right of first refusal for the use of the Chicopee Hills gymnasia and library/learning resources spaces after the school and the Board have determined their needs for those spaces, it being understood that such City use shall only be during those periods that are considered Page 2 1 - 5 ls administration and the Board will provide April 1st, of each year -- consistent with the foregoing, the school and the Board shall ensure the time available to the City shall be no less than: (a) gymnasia: three weekday evenings per week including Friday evening (6:30 p.m. to 10:00 p.m.) plus Saturday morning (8:30 a.m. to 1 p.m.); and (b) library and learning resources space: one evening per month (6:30 p.m. to 10:00 p.m.); (c) the board shall notify the City of Board related cancellations at least 30 days in advance of such cancellation, notwithstanding events outside of the Boards control (e.g. snow days, emergency maintenance), and to limit such cancellations to 10 dates per year; 4. The Board shall waive all associated fees and cost recovery rental charges for all children, youth and adult programming by the City or its agent save and except that the City shall pay the cost of having a custodian in the building (at the rate normally paid by the Board) during These costs shall be th 15 and last day of the month. 5. eBase Community Use of Schools online reservation system in its name and it shall assume all liabilities under the permitting process; 6. The Board will provide the City any required training and assistance in the use of its eBase Community Use of Schools online reservation system; 7. The Board will provide the City use of asecure storage area of up to 10 sq. metresfor gymnasium equipment.This secure area will be contained within the larger gymnasium storage area that will be accessible to others at the discretion of the Board, andthe secure storage area shall be named insured; 8. The City will indemnify and save harmless the Board against all loss, costs, claims, damages, actions, suits of any nature and kind whatsoever which may arise as a result of the use of the facility or area granted under this MOU; and 9. This MOU may only beamended by mutual consent, with the exception of the Board having to adhere to provincial legislation or a mandatory directive by the Ministry of Education. Page 3 1 - 6 2.0 Term of the Memorandum This Memorandum becomes effective on March 1, 2017, andwill extend for a period of five years and four months thereafter unless terminated earlier by mutual agreement. This Agreement may be extended for a further term of up to five years by mutual agreementof both parties. On behalf of TheCorporation of the City of Kitchener _____________________________ Date: (dd/mm/yyyy) _____________ Mayor _____________________________ Clerk On behalf of the Waterloo Region District School Board _____________________________ Date: (dd/mm/yyyy) _____________ Matthew Gerard Superintendent of Business Services Page 4 1 - 7