Successful steps: Identifying elements in joint -use agreements. A study of the joint -use agreements involving public school districts who were approved for funding from Proposition 203, the Public Education Facilities Bond Act of 1996.

摘要

Purpose. The purpose of this study was to identify the frequent elements found in the joint-use agreements that were submitted to the Office of Public School Construction (OPSC) as part of the application process for the Proposition 203 Joint-Use Program.;Methodology. Descriptive research was used to answer five research questions. The population sample was 67 California public school districts that were approved for Proposition 203 funding by the OPSC. A questionnaire was utilized to collect data to answer the five research questions.;Findings. The most significant government entity involved in establishing joint-use agreements was city government entities. The most common facility shared by participating school districts and government entities was gymnasiums. The most frequent elements identified by the responding school districts included a description of ownership, entity that has prime responsibility in case of disputes, description of the operation of the shared project, indemnification clause, and venue for actions. Benefits of a joint-use agreement were improved public image of the school district, access of facility for students, staff, and the community. Problems associated with a joint-use agreement were government entity's frustration with bureaucracy. Administrative structure used to manage a joint-use facility included how the size of the school district and availability of resources affected the management of the facility.;Conclusions and recommendations. The Proposition 203 Joint-Use Program provided public school districts and government entities an opportunity to improve their image with the public by providing much-needed services to their communities. The Proposition 203 Joint-Use Program did not include a standard written joint-use agreement for school districts to complete. Based upon the research findings, a written agreement should include ten basic elements: description of ownership, entity that has prime responsibility in cases of disputes, indemnification clause, maintenance and repair of the facility, description of the operation of the shared project, authority for signatures, modifications to the agreement, set terms for the use of the shared project, insurance of the shared project, and venue for actions.