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HomeMy WebLinkAboutFebruary 6, 1996:r-. ~ A G E N D A• Arcadia City Council and ,~c~RPOplT~9 ,~a~ Redevelopment Agency Meeting February 6, 1996 Meeting 5:00 p.m. ACTION ROLL CALL: Council Members Chang, Kuhn, Ulrich, Young and Lojeski nii present 1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCI~ (NON-PUBLIC HEARING) -(FIVE MINUTE TIME LIMIT PER PERSON) No one came forward 2. INTERVIEWS WITH HUMAN RESOURCES COMMISSION APPLICANTS: a. 5:00 p.m. Janie Steckenrider ° b. 5:30 p.m. Gordon Penharlow a 5:45 p.m. Art Fry 3. INTERVIEWS WITH RECREATION COMMISSION APPLICANTS: a. . 6:00 p.m. Steve Phillipi b. 6:15 p.m. Bob McAlister c. 6:30 p.m. Owen Miller , INVOCATION 7:00 P.M. Rev. Dr. Ananda Perera, Arcadia "Ghristian Reformed Church PLEDGE OF ALLEGIANCE .Terry Collins, Director of Recreation ROLL CALL' Council Members Chang, Kuhn, Ulrich, Young "and Lojeski 4. PRESENTATIONS a. Presentation to W. H. "Bud" Greist, Jr., 1995 Pasadena Tournament of Roses President. b. Presentation to Lisa Zonver, 1995 Arcadia Tournament of Roses President. c. Presentation to Marian Travisano, outgoing Recreation Comsn..member. 5. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDAITEMS-REPORTSIANNOUNCEMENTSISTATEMENTS 6. QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY . REGARDING CLARIFICATION OF AGENDA ITEMS MOTION: Read all Ordinances and Resolutions by title only and waive reading in full. 7 TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON-PUBLIC HEARING) -(FIVE MINUTE TIME LIMIT PER PERSON) 8. MATTERS FROM ELECTED OFFICIALS Citjr Council Reports/Announcements/Statements/Future Agenda Items City Mgr. Kelly - Item llb. withdrawn from Consent Calendar None Adopted 5-0 D. ~regg Jones F. Goddard M. Dollar See Minutes 9. CITY CLERK a. Report and recommendation concerning adoption of Resolution Adonted 5-0 . No. 5904 regarding weed abatement and setting a public hearing for February 20, 1996. Resolution No. 5904 - A Resolution of the City Council of the City of Arcadia, California declaring that weeds growing upon and in front of, and brush, rubbish, refuse, and dirt upon and in front of certain private property in the City are a public nuisance, and declaring its intentionto provideforthe abatementthereof. rubii~ Hrg. scheduled for 2-20-96 RECE$S CITY COUNCIL 10. MEETING OF THE ARCADIA.REDEVELOPMENT AGENCY AND ACTION ~ CITY COUNCIL ROLL CALL: Agency Members Chang, Kuhn, Ulrich, Young and iojeski nii present a. Minutes of the January 16, 1996 adjourned and regular meetings. Appro~ea s-o ADJOURN REDEVELOPMENT AGENCY to February 20, 1996 at ~XS~~[. 7: oo p.m. RECONVENE CITY COUNCIL -2- ~ ~ ` 11. A~~14~1 ' CONSENTITEMS a. Minutes of the January 16, 1996 adjourned and regular meetings. nnnr~~Pa s-n b. Report and recommendation to approve an agreement with ~;,TTU,;p~~.~t R. W. Beck for a multi-city p~ocurement process for residential ~ refuse and recycling services. , c. Recommendation to establish position ciassifications - ~nro~ea s-n Management Analyst and Administrative Coordinator. d. Report and recommendation to award a contract in the amount Approved 5-0 of $70,308.72 to Torolo Chevrolet for the purchase of four unmarked Chevrolet Luminas for the Investigation Division of the Police Department. e. Report and recommendation to accept a$1,000.00 donation from ns.sg~rea 5-n the Elks Club to the Fire Department. f. Report and recommendation for final acceptance of conversion of nr; ,-~..o.~ s_~ street lights from series to multiple circuits -- on Forest Avenue from Santa Anita Avenue to First Avenue; First Avenue from Foothill Boulevard to the 210 Freeway; First Avenue from the 210 Freeway to Wheeler Avenue; and First Avenue from California street to Diamond Street. Job No. s92 g. Report and recommendation to enter into an Interim Agreement ~ro~P~+ s-n with the Arcadia Unified School District for shared use of facilities. h. Report and recommendation to adopt Resolution No. 5902 Adnntad s_n regarding personnel Rules and Regulations: Resolution No. 5902 - A Resolution of the City Council of the City of Arcadia, California, amending the personnel Rules and Regulations, permitting promotional examinations for positions in the Fire Department. 12. CITY MANAGER a. Appointment to the Human Resources Commission. c.oraon rennarlow s-o b. Appointment to the Recreation Commission. sre~e Phillioi 5-0 -3- .. • ~ ~ 4 ~, . ; . ACTION . 13. CITY ATTORNEY . ` ~ a. Consideration of report on effect of a proposed~initiative regarding Apuroved 5-0 Action the.General Plan (pursuant to Elections Code Section 9212). '' No. 3. oraer a report when or if City Clerk b. Ordinance No. 2045 - INTRODUCTION -An Ordinance of the Oercitie5 petition. City Council of Arcadia, Califomia, amending the;Arcadia Municipal Introauoea s=o Code by adding Division 10 to Part 6, Chapter 2, of Article IX pertaining - to incidental outdoor dining_ areas in conjunction with primary restaurant or eating establishment uses on privately owned comm''ercial or industrial zoned properties. - c. Ordinance No. 2044 = INTRODUGTION - An Ordinance of the City -r„ ,-~a~~~a~ s-o --- Council of the Ciry of.Arcadia, California, amending portions of • Part 3 of Chapter 1 ofArticle V of the Arcadia Municipal Code related to the collection of recyclable material from commercial and industrial s~ ~ - business properties. ; ~ y : , , ~~~og ADJOURN In memory of Anastacia Marie Greazes to February 20, 'I J9B 8t'517C~ p.fil., ADJOURNED ac ~ ~ ~. 8:00 pim. G�yO —L0 ° /`tai/T i O Y y STAFF REPORT MAINTENANCE SERVICES DEPARTMENT February 6, 1996 • TO: Mayor and City Council FROM: Pat Malloy, Maintenance Services Directo I Prepared by: Rita A. Kurth, Administrative Assistant �` SUBJECT: Recommendation to Approve an Agreement for Consulting Services with R. W. Beck for a Multi-City Procurement Process for Solid Waste Collection Services SUMMARY It is recommended that the City Council approve an Agreement with R. W. Beck for consulting services for a multi-city procurement process for solid waste collection services. BACKGROUND At the November 21, 1995 City Council meeting, direction was given to staff to proceed with the multi-city procurement process for the City's residential refuse and recycling contract in conjunction with the Cities of Monrovia, Bradbury and Duarte. At that meeting, Council Member Mary Young was appointed as Arcadia's representative on the multi-city committee. DISCUSSION Representatives from each of the four cities involved in the multi-city process met with R. W. Beck to discuss their experience in handling the procurement process for refuse collection services. Since each of the four cities has chosen to work together to provide the best possible service at the most competitive cost to each of their communities, each city council will need to approve an agreement for consulting services. On December 19, 1995, the City of Monrovia signed their City's agreement with R. W. Beck, and the Cities of Bradbury and Duarte are in the process of obtaining their Councils' approval. 7-h dk'awn LASER MMAG D VV 1 � co/V. � , t. Mayor and City Council Consulting Agreement with R. W. Beck February 16, 1996 Page 2 FISCAL IMPACT The commercial/industrial waste haulers are paying a fee when they submit their applications to be included in the process and it is anticipated that these fees will be more than adequate to cover the consultant's costs involved in this multi-city process. Therefore, there would be no fiscal impact. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute an Agreement for Consulting Services with R. W. Beck for consulting services for a multi-city procurement process for solid waste collection services in a form approved by the City Attorney. Approved: William R. Kelly, City Manager PM:RAK:ds c:data:rita;refu§e:heck.agn AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (hereinafter referred to as "Agreement") is made and entered into this day of_ ,1996, by and between the City of Arcadia, a Municipal Corporation, (hereinafter referred to as "Arcadia") and R. W. Beck (hereinafter referred to as "Consultant"). RECITALS WHEREAS,Arcadia has selected R. W. Beck to undertake the professional services as fully described in Exhibit "A" (copy attached) for a multi-city procurement process for solid waste collection services; and WHEREAS, Consultant represents that it has experience and technical competence to act as Consultant to Arcadia for the services required by this contract. NOW THEREFORE, the parties agree as follows: 1. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE The representatives of the parties who are primarily responsible for the administration of this Agreement and to whom formal notices, demands and communications shall be given, are ' as follows: All notices and written communications sent to Arcadia under the Agreement shall be sent to the following address, unless authorized in writing to be sent elsewhere by Arcadia: CITY OF ARCADIA Attn: Pat Malloy Maintenance Services Director P. O. Box 60021 240 W. Huntington Drive Arcadia, CA 91066-6021 All communications sent to Consultant shall be sent to: Richard Tagore-Erwin Anchor Center One, Suite 115B 2201 E. Camelback Road Phoenix, Arizona 85016-3433 1 Any such notices and written communications by mail shall be conclusively deemed to have been received by the addressee five (5)days after the deposit thereof in the U.S. Mail, first- class postage and properly addressed as noted above, or upon actual receipt thereof if delivered by personal service. 2. DESCRIPTION OF WORK Consultant shall coordinate a multi-city procurement process for solid waste collection services and oversee the bidding process. Consultant's services shall consist of three phases, consisting generally of the following services: A. Pre-Request for Qualifications ("RFQ") and Request for Proposal ("RFP") Phase: Consultant will: design time table for the RFP process; attend meeting as directed by Arcadia's City Council and staff; prepare and distribute notice of all meetings requested by bidders participating in the RFP process;prepare and distribute minutes of all meetings held as part of the procurement process; prepare and distribute the RFP; and respond to all concerns and questions related to the RFP process and subject matter, documenting all such concerns, questions and responses in writing. B. RFQ and RFP Phase: Consultant will: cause the circulation of the RFQs and RFPs; attend meetings as directed by Arcadia's City Council and staff; prepare and distribute minutes of meetings, respond to all concerns and questions, documenting in writing such concerns, questions and responses; evaluate, investigate and prepare a written report.on each applicant; request additional information from bidders as necessary;perform such other services deemed necessary by City Council and staff. C. Post RFQ and RFP Phase: After consultants reports have been submitted to City regarding each bidder, Consultant will present oral and written presentations as directed by City staff, including City Council, staff, communities, and bidders; advise City on most effective proposals,participate in negotiations with bidder(s) if directed by City staff or Council, provide advice and assistance with the successful bidders contract and AB939 compliance if directed by City staff or Council; perform such other services deemed necessary by City Council or staff. 3. COMMENCEMENT AND COMPLETION OF WORK A. The execution of this Agreement by the parties constitutes an authorization to proceed, unless otherwise provided by the terms of this Agreement. B. The work described in Exhibit "A" shall be completed in accordance with the schedule set forth in said Exhibit or as otherwise agreed upon in writing by amendments to this Agreement. 2 4. DATA PROVIDED TO CONSULTANT Arcadia shall provide to Consultant to the extent feasible, all data, including reports,records, and other information, as requested by Consultant to perform this Agreement. 5. OWNERSHIP OF DOCUMENTS All files, records, reports, studies and other documents prepared or obtained by this Agreement shall be the property of Arcadia. Basic notes, computations, computer diskettes and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to Arcadia without restriction or limitation on their use. Consultant shall deliver such materials to Arcadia according to the terms of this Agreement. Consultant shall have the right to make duplicate copies of such materials and documents for his/her files as may be authorized in writing by Arcadia. 6. . RELEASE OF INFORMATION All information gained by Consultant in performance of this Agreement shall not be released by Consultant without Arcadia's prior written authorization. Confidentiality and disclosure shall be subject to the California Public Records Act. (Government Code Section 6250 et. Seq.) 7. CONFLICTS OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interest in,nor shall they acquire any interest, directly or indirectly which will conflict in any manner of degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subconsultants (see warranty - Section 15). 8. COMPENSATION AND PAYMENT A. The Consultant agrees that the City shall not be responsible for any costs incurred by the Consultant. The Consultant shall be compensated from fees generated by the applicants and successful bidder(s). The Consultant shall be compensated at the following rate. The City may review and authorize the detailed cost information proposed by the Consultant by task and hours prior to payment to Consultant. The City of Duarte shall act as the financial agent for payment to the Consultant, and the City of Arcadia is not responsible for such payment. 3 Fees: The fees charged will be at a rate of$75.00 per hour. The hours, except for evaluation of RFQ round, RFP round, and negotiations, shall not exceed 112 ours. The compensation for the evaluation of the qualifications and proposals shall be based on the number of applicants for each round. Negotiations shall be based on the number of contracts. Review of multi-city process to date/release of RFQ 16 hours Evaluation of qualifications 7 hours per applicant Development, release, submittal of RFPs 61 hours Evaluation of proposals 30 hours per applicant Follow-up analysis/recommendation 35 hours Negotiations 20 hours per contract Consultant shall have sole responsibility for paying all required employment related taxes. The City shall have no responsibility for withholding any taxes from the compensation it pays to Consultant. If the City is ever held liable for the payment of any employment related penalties or interest under this Agreement, Consultant shall reimburse the City for any employment related taxes, penalties or interest paid by the City. All normal expenses incidental to Consultant's performance of services under this Agreement shall be borne by Consultant. Should Arcadia request, in writing, that Consultant perform additional work and services beyond those required under this Agreement,compensation for such services shall be on a time and material basis as outlined above. , 9. MANAGEMENT The City Manager or his designee shall represent Arcadia in all matters pertaining to the administration of this Agreement,including without limitation, coordination of all necessary meetings and conferences, and review and approval of all products submitted by the Consultant. Authority to enlarge the scope of services or change the compensation due to Consultant is subject to approval of the City Council. 10. INDEPENDENT CONTRACTOR Consultant is and shall at all times be deemed to be an independent contractor and shall be solely responsible for the manner in which it performs the services required by the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between Arcadia and Consultant or any of 4 • • . the Consultant's employees or any subconsultants. Consultant assumes sole responsibility for the acts of its employees and any subconsultants as related to the services to be provided during the course and scope of their employment. 11. CONSULTANT'S PERSONNEL A. All services required under this Agreement shall be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications,permits and.licenses required by State and local law to perform such services. B. Consultant shall be solely responsible for the satisfactory work performance of all personnel• engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by Arcadia. C. Consultant shall comply with all federal and state statutes and regulations relating to the employer/employee relationship, including but not limited to, minimum wage, non-discrimination,equal opportunity,workers' compensation,hazardous/unsanitary or dangerous surroundings, the Fair Labor Standards Act,29 U.S.C., 201, et. seq. , and the Immigration Reform and Control Act of 1986 8 U.S.C. 245 (a). 12. SUBCONTRACTING, DELEGATION AND ASSIGNMENT This Agreement covers professional services of a specific and unique nature. Consultant shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part,without the prior written consent of Arcadia. Any proposed delegation, assignment or subcontract shall provide a description of the services to be covered, identification and qualifications of the proposed assignee, delegee or subcontractor and an explanation of why and how the selection was made. 13. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion,ancestry,sex,national origin,disabilities or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. B. The provision of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. Arcadia shall have access to all documents, data and 5 • records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order 11246 is available for inspection and on file with Arcadia. 14. INDEMNITY AND INSURANCE A. HOLD HARMLESS AND INDEMNITY. Consultant agrees to indemnify and hold harmless Arcadia,their officers,and employees from any claims,suits, liabilities and damages arising out of or related to Consultant's errors, omissions, negligence or wilful acts. B. INSURANCE. Consultant shall carry commercial liability insurance with combined single limits of at least$ 500,000 naming the City of Arcadia as additional insured. Proof of such insurance in a form and content approved by the Arcadia City Attorney is a condition precedent to execution of this Agreement by Arcadia City Attorney is a condition precedent to execution of this Agreement by Arcadia. Insurance shall be maintained with insurers listed"A" or better in the Best's Insurance Guide and be authorized to do business in the State of California. C. Workers' Compensation and Liability • A program of Workers' Compensation insurance or state-approved self-insurance program in an amount, form and as broad as to meet all applicable requirements of the Labor Code of the State of California shall be provided, with proof of coverage to the City Attorney. 15. CONSULTANT'S WARRANTIES AND REPRESENTATIONS Consultant warrants and represents to Arcadia as follows: A. Consultant has no knowledge that any officer or employee of Arcadia has any interest whether contractual, noncontractual, financial,proprietary or otherwise, in this transaction or in the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to Arcadia, even if such interest would not be deemed a prohibited"conflict of interest"under applicable laws. B. Upon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement. 6 a 16. RESOLUTION OF DISPUTES (ATTORNEY FEES) A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. B. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. 17. MODIFICATION OF AGREEMENT The terms are subject to modification by mutual agreement between Arcadia and Consultant which such changes shall be incorporated by authorized written amendments to this Agreement. The parties agree that the requirements for prior written changes, amendments, or modifications to this Agreement may not be waived and any attempted waiver shall be void. 18. TERMINATION A. Termination by City for Default of Consultant. Should Consultant default in the performance of his duties under this Agreement or materially breach any of the Agreement's provisions, City, at its option, may terminate this Agreement, upon written notice to consultant. B. Termination by Consultant for Default of City. Should City default in the performance of its duties under this Agreement or materially breach any provisions hereunder, Consultant, at his/her option, may terminate this Agreement by giving seven(7) calendar days written to City. C. Termination Without Cause. Either party may terminate this Agreement, without cause, at any time by transmitting fourteen (14) days' prior written notice of such termination to the other party. D. Work Product. In the event of termination, Consultant shall, at City's request, promptly surrender to City all completed work and work in progress and all materials, records, computerized information and notes developed, procured, or produced pursuant to this Agreement. Consultant may retain copies of such work product as a part of its record of professional activity. 19. ENTIRE AGREEMENT AND AMENDMENTS A. This Agreement supersedes all prior proposals,agreements and understands between the parties and may not be modified or terminated orally. 7 B. No attempted waiver of any of the provisions hereof, not any modification in the nature,extent or duration of the work to be performed by Consultant hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced. 20. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 21. EFFECTIVE DATE This Agreement shall become effective as of the date set forth below in which the last of the parties, whether Arcadia or Consultant, executes said Agreement. 22. KEY PERSON It is acknowledged and agreed that the key person and contact for the performance of this Agreement is Richard-Tagore-Erwin. No other person shall be substituted in this capacity unless approved by Arcadia,and Richard-Tagore-Erwin shall communicate directly with the City project manager, Pat Malloy. He shall be available for contact by the City and shall attend all meetings as requested by City, unless excused. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized. CITY OF ARCADIA "CITY" Dated: , 1995 By City Manager (NAME OF CONSULTANT FIRM) "CONSULTANT" Dated: , 1995 By President APPROVED AS TO FORM: By City Attorney 8 • • 11 -00RAr° STAFF REPORT MAINTENANCE SERVICES DEPARTMENT DATE: FEBRUARY 6, 1996 TO: MAYOR AND CITY COUNCIL FROM: PAT MALLOY, MAINTENANCE SERVICES DIRECTOI(")? SUBJECT: INTERIM AGREEMENT WITH THE ARCADIA UNIFIED SCHOOL DISTRICT FOR SHARED USE OF FACILITIES SUMMARY The City of Arcadia and the Arcadia Unified School District share six (6) facilities for the common use of the City and the District. Several of these agreements were entered into many years ago and have expired. For ease of administration, both the City and the District would like to consolidate the agreements into one. It is recommended that City Council authorize the City Manager to Inter into an"Interim Agreement" with the District for shared use of these six(6) facilities. DISCUSSION The City of Arcadia and the Arcadia Unified School District have entered into several joint use agreements over the past 20 to 30 years for the purpose of sharing school playgrounds and City parks that are adjacent to one another for recreation uses. These agreements outline maintenance responsibilities and shared use of Arcadia High School, Baldwin Stocker School, Camino Grove Park,Highland Oaks Elementary School,Holly Avenue School and Hugo Reid Primary School J To continue proper care,maintenance and use of the facilities both agencies would like to consolidate the six(6) agreements into one"Interim Agreement." Because several agreements have expired or will soon expire, it is important for the City to enter into an"Interim Agreement"to protect the City and District from potential claims and liabilities. The City and District are currently negotiating a new agreement that will replace the"Interim Agreement." Staff anticipates that the new agreement will be brought back to City Council for approval sometime during the next two (2) months. The School Board approved this "Interim Agreement" at their January 9, 1996 Arcadia Unified School District Governing Board Meeting. Lace;; NAG.AGED Cow . /i/, . G ti February 6, 1996 Mayor and City Council Page 2 FISCAL IMPACT No impact is expected. RECOMMENDATION It is recommended that City Council authorize the City Manager to enter into an "Interim Agreement" with the District for shared use of six (6) facilities on a form approved by the City Attorney. Approved by: " it\14 PP : `'� Y William R. Kelly, City Manager PM:ds AGREEMENT THIS AGREEMENT, dated this 7th day of February , 1956, is , made by and between the CITY OF ARCADIA, a municipal corporation of the State of California ("CITY") , and the ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, ("DISTRICT") . WITNESSETH: WHEREAS, CITY and DISTRICT have entered into numerous agreements regarding the use and/or maintenance of CITY and DISTRICT property (hereinafter referred to as "properties") for recreational purposes; 'and WHEREAS, a number of said agreements have expired or will expire in the near future; and WHEREAS, CITY and DISTRICT wish to consolidate into one agreement all previously entered into agreements in order to maintain better control over the use of said properties; NOW, THEREFORE, THE CITY AND DISTRICT HEREBY MUTUALLY AGREE. AS FOLLOWS : 1. PROPERTIES. This Agreement shall apply to the use of the following properties: a) Arcadia High School; b) Baldwin Stocker School; c) Camino Grove Park; d) Highland Oaks Elementary School; e) Holly Avenue School; f) Hugo Reid Primary School; and g) Such other properties as CITY and DISTRICT may from time to time mutually agree upon in writing. 2 . POWERS AND DUTIES. The powers and duties of CITY and DISTRICT with respect to the use and maintenance of the above-mentioned properties are set forth in Exhibits "A" through "F" which are incorporated herein as if fully set forth. 3 . INDEMNIFICATION. None of the parties to this Agreement nor their respective elected officials, officers and employees, shall be deemed to assume any liability for any actor omission of any other party, its employees, officers or agents arising out of the performance of this Agreement. The CITY agrees to indemnify, defend, and hold harmless the DISTRICT, its officers, employees and agents from and against any and all claims, demands, suits, loss, damage, injury and liability, including costs, judgments and expenses arising out of any negligent or wrongful act or omission of the CITY, its employees, officers or agents in the performance of this Agreement. -1- The DISTRICT agrees to indemnify, defend, and hold harmless the CITY, its officers, employees and agents from and against all claims, demands, suits, loss, damage, injury and liability, including costs, judgments and expenses arising out of any negligent or wrongful act or. omission of the DISTRICT, its employees, officers or agents in the performance of this Agreement. 4 . INSURANCE. The CITY and the DISTRICT shall each provide its own liability and insurance deemed by it to be necessary to protect the activities and facilities covered hereunder in any amount of not less than Two Million Dollars ($2, 000, 000) . The CITY and the DISTRICT sha]J1 each provide the other with a Certificate of Insurance as required herein, which certificates shall provide notice as required herein, which certificates shall provide notice to the party receiving said certificate of any cancellation of such coverage. Alternatively, the CITY and/or DISTRICT may self-insure up to the specified limits as evidenced by a rider of self-insurance to be provided to the other party. 5 . PREVIOUS AGREEMENTS. All previous agreements between the parties hereto concerning the use and/or maintenance of the properties covered herein, whether specifically or impliedly in effect in the effective date of this Agreement, are hereby repealed. 6. TERM. It is the intent of the parties that a "long term" agreement regarding the use of the properties be entered into within the term of this Agreement . Therefore, this Agreement shall automatically terminate upon the effective date of a new agreement . In no event shall this Agreement remain in effect for more than one (1) year unless extended by mutual written agreement of the parties . 7 . DEFAULT AND TERMINATION. Should either party default iri the performance of or breach any covenant, condition, or restriction of this Agreement, herein provided to be kept or performed, and should such default or breach continue uncured for a period of ten (10) days from and after written notice is given to the breaching party, the non-breaching party may, at its option, terminate this Agreement as to that specific property by giving the other party written notice thereof. 8 . SEVERABILITY. This Agreement is severable with respect to the properties set forth in Section 1 and Exhibits A through F or this Agreement. Should either party commit a material breach of the powers and duties with respect to a specific property resulting in the _termination of this Agreement as to that specific property, this Agreement shall remain in effect with respect to the remaining properties . . 9. ASSIGNMENT AND SUBLEASE. This Agreement or any interest of the parties therein shall not at any time after the. date hereof, withlut the prior written consent of the other party be mortgaged, pledged, assigned or transferred by either party by voluntary act or by operation of law. 10 . NOTICES . All notices by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the UnitedStates mail, postage pre-paid, addressed to: If to the CITY: City of Arcadia 240 West Huntington Drive Post Office Box 60021 • • Arcadia, California 91066-6021 Attention: William R. Kelly, City Manager If to the DISTRICT: Arcadia Unified School District 234 Campus Drive Arcadia, California 91007 Attention: C. Earl Davis, • Assistant Superintendent, Business Services • 11. WAIVER. Failure of the parties to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy that either party may have and shall not be deemed a, waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants Izerein contained. 12 . COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. IN WITNESS WHEREOF, the parties hereto have set their hand and seal the date and year first above written. i CITY OF ARCADIA ARCADIA UNIFIED SCHOOL DISTRICT , A Municipal Cor oration OF LOS E C T • By By • City Manager, City of Arcadia Presid t, Board of Education By 1 dieti Superintendent ATTEST: . • Cy Clerk • G- . APPROVED AS TO FORM: APPROVED AS TO FORM: Parker, Covert & Chidester 117 By :nkA144-4A11 14671`4"-lesis • City Attorney Douglas N. Yeoman DISTRICT Counsel -3- • • • EXHIBIT A Arcadia High School With respect to the property at Arcadia High School, the CITY shall share with the DISTRICT, the use of the baseball field lighting, the swimming pool, the tennis courts, and the track, at all times mutually agreed upon by the,parties. Maintenance of the properties at the high school is as follows: • 1. Baseball Field Lightina. The CITY shall be responsible, at its cost, for the maintenance,of the baseball field lighting. 2. Swimming Pool. The DISTRICT shall be solely responsible foil the maintenance of the swimming pool. During the ten (10) week City Summer Program, the CITY shall reimburse the DISTRICT for all actual costs for maintenance of the pool. During the remainder of the year the CITY shall pay the DISTRICT at the rate of six dollars ($6.00) per hour for each hour the CITY uses the pool. 3. Tennis Courts. The CITY shall be responsible for the maintenance and all costs thereof of the tennis court lights. The DISTRICT shall be responsible fc:- the maintenance and all costs thereof of the cleaning of the tennis courts, the surface of the courts, and the fencing around,the courts. Both the CITY and the DISTRICT 'shall share responsibility for maintenance of the tennis court nets. . 4. Track. The track shall, be maintenanced by the DISTRICT which shall be • responsible for the cost of said maintenance. • • EXHIBIT B Baldwin Stocker School With respect to the property at the Baldwin Stocker School, the CITY shall 41are with the DISTRICT the use of the play equipment, toilet facilities, turfed areas, and youth hut at all times mutually agreed upon by the parties. Maintenance of the facilities is as follows: 1. City Responsibility. The CITY shall be responsible, at its cost, for the maintenance of the area lighting and play equipment at the property. 2. District Responsibility. The DISTRICT shall be responsible, at its cos:, for maintenance of the sprinklers, toilets, turfed areas, trees and shrubs, and the youth hut, as well as for all janitorial services and trash disposal. EXHIBIT C Camino Grove Park With respect to the property at Camino Grove Park, the CITY shall share with the DISTRICT the use of the park at all times mutually agreed upon by the parties. Maintenance of the property is as follows: 1. City Responsibility. The CITY shall be responsible, at its cost, for maintenance of the backstop, fencing, parking lot striping, the play and picnic equipment, and the tennis court lights, nets, and surfaces. • 2. District Responsibility. The DISTRICT shall be responsible, at its cost, for maintenance of the basketball court, bleachers, sprinklers, trees and shrubs, all tLrfed areas, the youth hut as well as for the cleaning of the tennis courts, janitorial seriices, and trash disposal. • • • EXHIBIT D Highland Oaks Elementary School - With respect to the property at the Highland Oaks Elementary School, the CITY shall share with the DISTRICT the use of property at all times mutually agreed upon by the parties. Maintenance of the facilities is as follows: 1. City Responsibility. The CITY shall be responsible, at its cost, for the maintenance of the play equipment. 2. District Responsibility. The DISTRICT shall be responsible, at its cost, for maintenance of the fencing, sprinklers, all turfed areas, the youth hut, janitorial services and trash disposal. • • 4 EXHIBIT E Holly Avenue School With respect to the property at the Holly Avenue School, the CITY shall share with the DISTRICT the use of property at all times mutually agreed upon by the parties. Maintenance of the facilities is as follows: 1. City Responsibility.. The CITY shall be responsible, at its cost, for the maintenance of the tennis court lights, nets and surfaces. 2. District Responsibility. The DISTRICT shall be responsible, at its cost, for the cleaning of the tennis courts. • • EXHIBIT F Hugo Reid Primary School With respect to the property at the Hugo Reid Primary School, the CITY shall share with the DISTRICT the use of property at all times mutually agreed upon by the parties. Maintenance of the facilities is as follows: 1. City Responsibility. The CITY shall be responsible, at its cost, for the maintenance of the fencing, parking lot striping, and the tennis court nets and surf 'ces. 2. District Responsibility. The DISTRICT shall be responsible., at its cost, for maintenance of the sprinklers, all turfed areas, for cleaning the tennis courts, and for janitorial services and trash disposal.