HomeMy WebLinkAboutC-1762AUSD Contract #: 08 -09 -434
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"► AMENDMENT NO. 2 TO JOINT USE AND MAINTENANCE
+� AGREEMENT FOR THE SHARED USE OF NINE 9 FACILITIES BY AND
BETWEEN THE CITY OF ARCADIA ( "CITY ") AND THE ARCADIA
UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY ( "DISTRICT ")
This Amendment No 2. ( "Amendment No. 2 ") is hereby entered into by and between the
City of Arcadia, a charter city and municipal corporation of the State of California ( "CITY'), and
the Arcadia Unified School District of Los Angeles County ( "District ") with respect to that certain
Join Use and Maintenance Agreement between the parties dated May 1, 2001 ( "Agreement ")
The parties agree as follows:
The Agreement is hereby renewed for one (1) additional year from May 1, 2009 through
May 1, 2010 and may be renewed thereafter upon mutual written agreement of the
parties hereto. The term of the October 1999 Agreement and the April 1994 Agreement
shall be as set forth therein and if this Agreement expires or is terminated prior to the
expiration of the term of the October 1999 Agreement or the April 1994 Agreement, then
the October 1999 and /or the April 1994 Agreement, as applicable, shall survive the
expiration or termination of this Agreement.
2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 2 on the date set forth
below.
CITY OF ARCADIA ARCADIA UNIFIED SCHOOL DISTRICT
OF LOS ANGELES COUNTY
Donald Penman, City Manager
Dated 01 12-101
APPROVED AS TO FORM:
By: Q�� - -- - *' -
Assistant Superintendent
Business Services
Board Approval: 0 09
Date signed: 07/30/
CONCUR:
Stephen P. Deitsch Pat Malloy, Assist City Manager
City Attorney Public Works Services Director
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ORIGINAL
AMENDMENT NO. 1 TO JOINT USE AND MAINTENANCE C�
AGREEMENT FOR THE SHARED USE OF NINE (9) FACILITIES
BY AND BETWEEN THE CITY OF ARCADIA ( "CITY ") AND THE
ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES
COUNTY ( "DISTRICT ")
This Amendment No. 1 ( "Amendment No. I") is hereby entered into by and between the
City of Arcadia, a charter city and municipal corporation of the State of California ( "CITY "),
and the Arcadia Unified School District of Los Angeles County ( "District ") with respect to that
certain Joint Use and Maintenance Agreement between the parties dated May 1, 2001
( "Agreement ").
The parties agree as follows:
1. The Agreement is hereby renewed for an additional one (1) year from May 1, 2006
through May 1, 2007 and may be renewed thereafter upon mutual written agreement of
the parties hereto. The term of the October 1999 Agreement and the April 1994
Agreement shall be as set forth therein and if this Agreement expires or is terminated
prior to the expiration of the term of the October 1999 Agreement or the April 1994
Agreement, then the October 1999 and/or the April 1994 Agreement, as applicable, shall
survive the expiration or termination of this Agreement.
2. All of the remaining terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 1 on the date set forth
below.
CITY OF ARCADIA
By W
William R. Kelly, City Manager
APPROVED AS TO FORM:
T44��P- N�
City Attorney
ARCADIA UNIFIED SCHOOL DISTRICT OF
LOS ANGELES COUNTY
APPROVED AS TO FORM:
Lo
DISTRICT Counsel
CONCUR:
Public Work ervic Director
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JOINT USE AND MAINTENANCE AGREEMENT
THIS JOINT USE AND MAINTENANCE AGREEMENT ( "Agreement "), dated this _
S} day of M KY , 2001, is made by and between the CITY OF ARCADIA, a charter
city and municipal corporation of the State of California ( "CITY "), and the ARCADIA
UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY ( "DISTRICT ").
LIAIT"91 0"isi-eq
WHEREAS, City and District have entered into that certain Agreement dated October 6,
1999 (the "October 1999 Agreement ") with respect to the construction, maintenance and joint
use of the athletic field lighting at Arcadia High School, Dana Richard Henry Middle School and
First Avenue Middle School for school and recreational purposes, a copy of which is attached
hereto as Exhibit "D "; and
WHEREAS, City and District have also entered into that certain Agreement dated April
12, 1994 (the "April 1994 Agreement ") with respect to the construction, maintenance and joint
use of certain other baseball field lighting at Arcadia High School, a copy of which is attached
hereto as Exhibit "E "; and
WHEREAS, City and District desire to enter into this Agreement in order to set forth
terms and provisions concerning the joint use and maintenance of certain real property owned by
District or City, including without limitation, property described in the October 1999 Agreement
and the April 1994 Agreement; and
WHEREAS, in addition to entering into this Agreement, City and District wish to
reaffirm and abide by the terms and provisions of the October 1999 Agreement and the April
1994 Agreement.
NOW, THEREFORE, CITY AND DISTRICT HEREBY MUTUALLY AGREE AS
FOLLOWS:
1. PROPERTIES. This Agreement shall apply to the use and maintenance of
certain portions of the following properties (such portions are described in Exhibits "A ", "B ",
"C", "D" and "E "):
a. Arcadia High
e. First Avenue Middle
b. Baldwin Stocker Elementary
f. Holly Avenue Elementary
C. Camino Grove Elementary
g. Hugo Reid Primary
d. Camino Park
h. Hugo Reid Park
e. Dana Richard Henry Middle
2. POWERS AND DUTIES. The powers and duties of City and District with
respect to the use and maintenance of portions of the above - mentioned properties are set forth in
Exhibits "A ", "B ", "C", "D" and "E ", which are incorporated herein as if fully set forth.
3. MAINTENANCE STANDARDS. With respect to the responsibilities of each
party for maintenance under this Agreement, each party shall employ reasonable standards and
shall use competent employees and contractors in order to fulfill its obligations hereunder.
4. INDEMNIFICATION. Neither of the parties to this Agreement nor their
respective elected officials, officers, employees or agents, shall be deemed to assume or have any
liability for any act or omission of any other party, its elected officials, officers, employees or
agents, arising out of the performance of this Agreement.
City agrees to indemnify, defend, and hold harmless District, its officials, 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 City, its officials, officers, employees or agents in the performance of this
Agreement.
District agrees to indemnify, defend, and hold harmless City, its officials, 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 District, its officials, officers, employees or agents in the performance of this
Agreement.
5. INSURANCE. City and District shall each provide its own liability and other
insurance deemed by each, respectively, to be necessary to protect the activities and facilities
covered hereunder in an amount of not less than Two Million Dollars ($2,000,000). City and
District shall each provide the other with a certificate of insurance which certificate shall provide
evidence that thirty (30) day advance notice shall be required to be given to the party receiving
said certificate of any cancellation of such coverage. Alternatively, City and /or District may
self - insure up to the specified limits as evidenced by a rider or certification of self - insurance to
be provided to the other party.
6. PREVIOUS AGREEMENTS. All previous agreements between the parties
hereto concerning the use and /or maintenance of the properties covered herein, whether specific
or implied in effect on the effective date of this Agreement are hereby repealed; provided,
however, that the October 1999 Agreement and the April 1994 Agreement shall remain in full
force and effect in accordance with their terms, and if there is any inconsistency between the
terms and provisions of this Agreement and the terms and provisions of the October 1999
Agreement and the April 1994 Agreement, as applied to the real property to which the October
1999 Agreement and the April 1994 Agreement pertain, then the terms and provisions of the
October 1999 Agreement and the April 1994 Agreement shall govern.
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7. TERM. The term of this Agreement shall be for five (5) years and may be
renewed upon mutual written agreement of the parties hereto. The term of the October 1999
Agreement and the April 1994 Agreement shall be as set forth therein and if this Agreement
expires or is terminated prior to the expiration of the term of the October 1999 Agreement or the
April 1994 Agreement, then the October 1999 and/or the April 1994 Agreement, as applicable
shall survive the expiration or termination of this Agreement.
8. DEFAULT AND TERMINATION. Should either party default in the
performance of or breach any covenant, condition, or restriction of this Agreement, 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 real property to which such default or breach pertains by giving the
other party written notice thereof.
9. SEVERABILITY. This Agreement is severable with respect to the properties
set forth in Section 1 and Exhibits "A ", `B ", "C ", "D" and "E" of this Agreement. Should
either party commit a material breach of the terms and provisions hereof with respect to a
specific property resulting in the termination of this Agreement as to that specific property, this
Agreement shall remain in full force and effect with respect to the remaining properties.
10. ASSIGNMENT. Neither party shall assign this Agreement or any interest therein
without the prior written consent of the other party, which consent shall not be unreasonably
withheld.
11. NOTICES. All notices by either party to the other shall be in writing and shall
be deemed served upon the other party on the day delivered, if delivered personally, or three (3)
days after depositing in the United States mail, postage pre -paid addressed to:
City of Arcadia
240 West Huntington Drive
Post Office Box 60021
Arcadia, California 91066 -6021
Attention: City Manager
Arcadia Unified School District
234 Campus Drive
Arcadia, California 91007
Attention: Superintendent of Schools
12. 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 herein contained.
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13. 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 as of the date
and year first written.
CITY OF ARCADIA
A Municipal Corporation
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ATTEST:
y Clerk
APPROVED AS TO FORM:
P Nla-
Stephen P. Deitsch
City Attorney
ARCADIA UNIFIED SCHOOL DISTRICT
OF LOS ANGELES COUNTY
APPROVED AS TO FORM:
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EXHIBIT A
Arcadia High School
M
With respect to Arcadia High School, the CITY shall share with the DISTRICT the use of
the baseball and softball field and their lighting, the swimming pool, the tennis courts, and the
track, in accordance with a schedule mutually agreed upon by the parties. Maintenance of these
facilities at the High School shall be as follows:
Baseball and Softball Field Lighting. The CITY shall be responsible, at its
cost, for the maintenance of the baseball and softball field lighting.
2. Swimming Pool. The DISTRICT shall be responsible for 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
related to the City's use. For this purpose, the DISTRICT shall provide the CITY
reasonable documentary support for the reimbursement. There shall not be any
additional fees or costs imposed upon the CITY with respect to the Summer
Program. 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. The
CITY and the DISTRICT shall share the cost for all major swimming pool
renovation work at the following rate: one -third (1/3) CITY two thirds (2/3)
DISTRICT; provided that both parties have mutually agreed in advance to any
and all such renovation work.
3. Tennis Courts. The CITY shall be responsible for the maintenance of the
tennis court lights. The DISTRICT shall be responsible for the cleaning and
maintenance of the tennis courts, including the surface of the courts, and the
fencing around the courts. Both the CITY and the DISTRICT shall share equally
the cost and responsibility for maintenance of the tennis court nets.
4. Track. The track shall be maintained by the DISTRICT, which shall be
solely responsible for the cost of said maintenance.
"See Attachment 1"
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EXHIBIT B
Baldwin Stocker Elementary
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With respect to Baldwin Stocker Elementary School, the CITY shall share with the
DISTRICT the use of the property in accordance with a schedule mutually agreed upon by the
parties. Maintenance of the facilities shall be as follows:
1. CITY Responsibility: The CITY shall be responsible, at its cost, for the
maintenance of the bleachers and backstop on the baseball diamond within the
area on Attachment "2" labeled "CITY ".
2. DISTRICT Responsibility. The DISTRICT shall be responsible, at its cost, for
maintenance of all areas labeled "DISTRICT" on Attachment "2 ".
"See Attachment 2"
Camino Grove Elementary
Camino Grove Park
With respect to Camino Grove Elementary School and Camino Grove Park, the CITY
and DISTRICT shall share the use of both properties in accordance with a schedule mutually
agreed upon by the parties. Maintenance of certain facilities shall be as follows:
CITY Responsibility. The CITY shall be responsible for the maintenance
of all facilities located within the areas on Attachment "3" labeled "CITY ",
including the parking lot, bleachers and backstop located therein.
2. DISTRICT Responsibility. The DISTRICT shall be responsible for
maintenance of all facilities located within the areas on Attachment "3" labeled
"DISTRICT ".
"See Attachment 3"
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CAMINO�GROVE ELEMENTAL
AND CAMINO GROVE PARK
ATTACHMENT 11311 N.T.S.
LEGEND
0 PANEL
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Holly Avenue Elementary
M
With respect to Holly Avenue School, the CITY shall share with the DISTRICT the use
of the property in accordance with a schedule mutually agreed upon by the parties. Maintenance
of certain facilities shall be as follows:
CITY Responsibility. The CITY shall be responsible, at its cost, for the
maintenance of the tennis court lights, nets, surfaces, and cleaning of the tennis
courts within the area labeled "CITY" on Attachment "4 ".
2. DISTRICT Responsibility. The DISTRICT shall be responsible, at its cost, for
the maintenance of all areas labeled "DISTRICT" on Attachment "4 ".
"See Attachment 4"
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1-LLY AVE. ELEMEN"ARY
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ATTACHMENT '1411 N.T.S.
LEGEND
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EXHIBIT C
Hugo Reid Primary School
Hugo Reid Park
M
With respect to the Hugo Reid Primary School and Hugo Reid Park, the CITY shall share
with the DISTRICT the use of the property in accordance with a schedule mutually agreed upon
by the parties. Maintenance of certain facilities shall be as follows:
1. CITY Responsibility. The CITY shall be responsible for the maintenance of all
facilities located within the areas on Attachment "5" labeled "CITY ", including
landscaping, tennis court nets, surfaces and cleaning the tennis courts.
2. DISTRICT Responsibility. The DISTRICT shall be responsible for maintenance of the
sprinklers, all turf areas, janitorial services, trash disposal and maintenance of all
facilities located within the areas on Attachment "5" labeled "DISTRICT ".
"See Attachment 5"
HUGREIDPRIMARYAI
HUGO REID PARK
ATTACHMENT "5"
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N.T.S.
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AUSD Co act No. 99/00;912
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AGREEMENT BETWEEN THE CITY OF ARCADIA
AND THE ARCADIA UNIFIED SCHOOL DISTRICT OF
LOS ANGELES COUNTY
FOR THE CONSTRUCTION, MAINTENANCE AND
JOINT USE OF THE ATHLETIC FIELD LIGHTING AT
DANA MIDDLE SCHOOL, FIRST AVENUE MIDDLE SCHOOL
AND ARCADIA HIGH SCHOOL
FOR SCHOOL AND RECREATIONAL PURPOSES
THIS AGREEMENT, .made and entered into this 6`" day of October, 1999, by and
«
between the CITY OF ARCADIA, hereinafter referred to as the City and the ARCADIA
UNIFIED SCHOO DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as k,//
the "District."
WITNESSETH
WHEREAS, the Civic Center Act, commencing with Section 38130 of the Education
Code provides that the governing board of a school district may grant the use of school grounds
for recreational and public purposes; and
WHEREAS, Education Code Section 10900 et seq. provides that governing bodies of any
two or more public authorities may cooperate with each other in the development and conducting
of programs of community recreation; and
_ . WHEREAS, the District owns and operates the Dana Middle School, First Avenue
Middle School and Arcadia High School (collectively, the "School Sites ") located within the
City of Arcadia, County of Los Angeles (the "County "), State of California; and
WHEREAS, a portion of the School Sites consist of athletic fields as depicted in Exhibits
A, B, and C (collectively, the "Premises "), which are attached hereto and incorporated herein by
this reference; and
WHEREAS, the City and District desire to install athletic field lighting on the Premises
for recreational and other related purposes; and
WHEREAS, the City is an eligible applicant for funding under. County of Los Angeles
Regional Park and Open Space District, per Parcel Discretionary Grant Program; and
WHEREAS, the City Council at its meeting of May 18, 1999 approved the filing of an
application with the County of Los Angeles Regional Park and Open Space District for funds
under Section 3(c 1 of position A for the installation of athletic field lighting at the School
Sites; and
WHEREAS, the District and the City will mutually benefit from access to and utilization
of athletic field lighting.
NOW, THEREFORE, THE CITY AND THE DISTRICT HEREBY MUTUALLY
AGREE AS FOLLOWS:
See Attachment "6" - Dana Middle School
Exhibit "n" See Attachment "7" - First Avenue Middle
School
1. The City shall apply for County of Los Angeles Regional Park and Open Space
District, per Parcel Discretionary Grant Program funds allocated in Section 3(c)-i
of Proposition A, in the amount of $242,438.
2. The City, upon execution of an agreement between the County and the City for
the Per Parcel Discretionary Grant Program Funds, shall provide the District the
funds approved in said agreement for the installation of athletic field lighting on
the Premises at the School Sites.
3. The District agrees, upon receipt of the funds described above, to contract for the
construction and installation of the athletic field lighting on the Premises at the
School Sites in accordance with plans and specifications prepared by the District
and approved by the City and the County (the "Project ").
4. The City requires that all lighting specific to the Project be isolated from any and
all other facility energy consumption, subject to the cooperation of the local utility
company and the District's ability to acquire separate metering. The cost of
installing the separate metering at the Premises shall be borne by the Grant
Program.
5. 'Upon completion of construction and after acceptance of the Project, the City
aarees at its sole cost -and expense, to (a) maintain said athletic field liahtina I
good workina order and condition, and (b) p2a, all nt' ' y bills when due for the
operation of said athletic field lighting, t o ghout the life of this Agreement.
The ""ity reserves the right to charge a fee for the use of the lights, other than use l l
by th District, in order to offset some of the costs of operation.
6. The District recognizes that certain requirements must be fulfilled in the use of
Per Parcel Discretionary Grant Program Funds for the installation of said lighting
and agrees to comply with all said requirements, imposed on the City by the use
of these funds. These requirements include, but are not limited to:
a. That the District will provide and maintain competent and adequate
architectural engineering supervision and inspection at each construction
site to insure that the completed work conforms with the approved plans
and specifications; that it will furnish progress reports and such other
information as the County may require.
b. That the District will give the County's authorized representative access to
and the right to examine all records, books, papers or documents related to
the grant.
C. That the District will cause work on the project to be commenced within a
reasonable time after receipt of funds and that the Project will be
prosecuted to completion with reasonable diligence.
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d. All deviations from approved plans and specifications shall be submitted
to the City for evaluation of significance and to the County for written
approval if deemed appropriate.
e. That the District has met, or will meet, all federal, state or local
environmental, public health, relocation, and affirmative action and all
other appropriate codes, laws, and regulations prior to expenditure of grant
funds related to the project.
f. That the County will, upon completion of the projects, audit the project.
District agrees to provide necessary records, contracts, and related
documents necessary to satisfy County audit requirements.
7. Use of the Premises
a. The District agrees to make available to the City, without charge except as
expressly provided for in this Agreement, for the purposes of conducting
recreational programs and activities sponsored and organized by the City,
the said athletic field lighting at all times when not being utilized for
school purposes, whenever occurring during the regular school term or the
summer school term, throughout the life of this Agreement. The use of
the Premises shall be determined by a prior schedule mutually agreed
upon. Deviation from said schedule is to be subject to approval in writing
by the City Manager and District Superintendent, or their designated
representatives.
b. The City shall furnish all necessary custodial services and supplies
(including consumable materials) when using the Premises in order to
keep the Premises in a neat, orderly and sanitary condition. Should either
the City request or District require the assignment of District custodial
staff at the Premises when being used by the City, the City shall pay
District the actual cost to the District of providing the custodial staff for
the City sponsored activity. In the event the District provides custodial
staff, the District shall invoice the City for such services and the City shall
pay such invoices within fifteen (15) days of receipt.
C. The District agrees to maintain the Premises and related equipment,
excluding the subject athletic field lighting, in a condition which is safe,
clean, operable, and usable condition.
d. The City shall pay the actual costs determined by the District's established
hourly fee schedule for any required technical staff assigned by the
District and approved by the City Manager or his designee, to provide
operational expertise for the City's use of the Premises. The District shall
invoice the City for such service and the City shall pay such invoice
within fifteen (15) days of receipt.
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e. r The City shall install, repair, maintain and be responsible (including the (
risk of loss) for all equipment that the City may own and desire to use on
the Premises for which the District has given its written consent.
f. The City shall be responsible for providing or causing to be provided all
security service as deemed necessary by the Arcadia Police Department
when using the Premises.
g. The City shall be responsible for furnishing and supplying personnel to
conduct and supervise the recreational activities conducted by the City on
the Premises, including non - technical personnel as may be required by the
District, such as supervisors, ushers, ticket takers, etc.).
h. In the event of damage to any portion of the Premises beyond normal wear
and tear due to the carelessness or negligence of the City, the City shall be
responsible for all costs associated with the repair or replacement and
return to safe operable conditions. The City shall give written notice to
the District of any such damage within five (5) working days of the
discovery of the damage. The District shall arrange for and oversee all
repairs or replacement.
8. Neither of the parties to this Agreement nor their respective elected officials,
officers and employees, shall be deemed to assume any liability for any act or
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.
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, including the construction provided
for herein.
9. The City and the District shall each provide its own liability and other insurance
deemed by it to be necessary to protect the activities and facilities covered
hereunder in an amount of not less than Two Million Dollars ($2,000,000). The
City and the Distirct shall each provide the other with a certificate of insurance as
required herein, which certificates of insurance 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. As a condition precedent
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to execution of this agreement, the District shall provide proof of insurance to the
satisfaction of the City Attorney.
10. Both the City and District shall solely conduct the activities, services, and
programs normally controlled by each within the scope of its respective operation.
The City shall cooperate to minimize custodial and maintenance services required
by reason of the City's activities and programs conducted upon the Premises.
11. It is acknowledged and agreed by the District that, except for specific recreation
events or City sponsored events, using the athletic field lighting, all other uses of
Premises, including general use by the public, are under jurisdiction of the
District.
12. The "term of this Agreement g t shall be for twenty (20) years. This agreement may
be terminated for cause (substantial breach of a material provision) upon thirty
(30) days written notice to the other party. This Agreement may be terminated
without cause upon 180 days written notice to the other party.
13. This Agreement is severable with respect to the Premises set forth in Exhibits A
through C of 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 Premises.
14. This agreement or any interest of the parties therein shall not at any time after the
date hereof, without 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.
15. All notices by either party to the other shall be in writing and shall be deemed and
served upon the other party, if delivered personally or three (3) days after
depositing in the United States 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
16. The District and City shall provide each other with the names and telephone
numbers of personnel that are responsible for the day to day operations of the
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recreational programs and facilities of the parties. Said list shall be updated as
needed based on personnel changes.
17. 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 herein contained.
18. This Agreement may be executed in two (2) or more counterparts, each of which
the same Agreement.
shall be deemed an original, but all of which taken together shall each
one in
IN WITNESS WHEREOF, the parties hereto have set their hand and seal the date and
year first written.
CITY OF ARCADIA
A Municipal Corporation
By:
R Mayor
AT ST: n
C Clerk
APPROVED AS TO FORM:
6
City ttorney P
C
ARCADIA UNIFIED SCHOOL
DISTRICT OF LOS ANGELES
COUNTY
of Education
APPROVED AS TO FORM:
Parker, Covert & Chidester
By:
Douglas N. Ye an
DISTRICT Counsel
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' ( AUK" Contract No. 3723 l Jj
AGREEMENT BETWEEN THE CITY OF ARCADIA AND
THE ARCADIA UNIFIED SCHOOL DISTRICT OF
LOS ANGELES COUNTY FOR THE CONSTRUCTION,
MAINTENANCE AND JOINT USE OF THE BASEBALL
FIELD LIGHTING AT ARCADIA HIGH SCHOOL FOR
SCHOOL AND RECREATIONAL PURPOSES
THIS AGREEMENT, made and enter into this 112th day of April ,
1994, by and between the CITY OF ARCADIA, hereinafter referred to as the
"City" and the ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY,
hereinafter referred to as the "District ",
WITNESSETH:
WHEREAS, Chapter 4 of Division 12 of the Education Code provides
that the governing board of a school district may grant the use of
school grounds for recreational and public purposes; and
WHEREAS, Chapter 6 of Division 12 of the Education Code provides
that governing bodies of any two or more public authorities may
cooperate with each other in the development and conducting of programs
of community recreation; and
WHEREAS, the District owns certain properties located within the
City of Arcadia, County of Los 'Angeles, State of California, more
particularly described in Exhi.dit "A" attached hereto and incorporated
herein by reference; said property is commonly known as the Arcadia High
School and on which property the City and the District desire to
construct baseball field lighting on existing school baseball field for
recreational and other related purposes; and
WHEREAS, the City is an eligible applicant for funding under County
of Los Angeles Regional Park and Open Space District, per Parcel
Discretionary Grant Program; and
-1- EXHIBIT "E" i
I r•
i
W ZPXAS, the City Council at its meeting of April 5, 3.994 approved
the filing of an application with the County of Los Angeles Regional
Park and Open Space District for funds under Section 8.b.1 of
Proposition "A" for the construction of baseball field lighting ' at the
Arcadia High'School; and
WHEREAS, the District and the. City will mutually benefit from
access to and utilization of baseball field lighting.
NOW, THEREFORE, THE CITY AND THE DISTRICT HEREBY M=ALLY AGREE AS
FOLLOWS:
3�. The City shall apply for County of Los Angeles Regional
Park and Open Space District, per Parcel• Discretionary. Grant
Program funds allocated in Section 8.b.1 of Proposition "A ",
in the amount of ,$150,000.
2. The City, upon execution of an agreement between the
County and the.City for the Per Parcel Discretionary Grant
Program Funds, shall provide the District the funds approved
in said agreement for the construction of the baseball field
lighting at the Arcadia High School.
3. The District agrees, upon receipt of the fund described
above, to .construct the baseball field lighting at Arcadia
High School in accordance with plans -,and specifications
prepar'ad by the District and approved by the City and t�h)i_
County.
4. Upon completion of construction and after acceptance of
the job, the City agrees to operate and maintain said baseball
field lighting throughout the life of this Agreement. The
City reserves the right to charge a fee for the use of the
lights, in order to offset some of the cost of operation.
-2-
5.
The District recognizes that certain requirements must be
fulfilled in the use of Per Parcel Discretionary Grant Program
Funds for the construction of said lighting and agrees to.,
comply with all said requirements, imposed on the City by the
use of these funds.- These. requirements include, but are not
limited to:
a. That the District will provide and maintain
competent and adequate architectural engineering
supervision and inspection at the construction. site to
insure that the completed work conforms with "the approved
plans and specifications; that it will furnish progress
reports and. such other information as the County may
require.
b. That the District will give the County's authorized
representative, access to and the right to examine all
ret;ords, books, papers or documents related to the grant
C. That the District will cause work on the project to
be commenced within a reasonable time after receipt of
funds and that the project will be prosecuted to
completion with reasonable diligence. ;
d. All significant deviations from approved plans and
1,
specifications shall be submitted to the City and County .
for prior approval.
e. That the District has met, or will meet, all
federal, state or local environmental, public health,
relocation, and affirmative action and all other
appropriate codes, laws, and regulations. prior to
expenditure of grant funds.
-3-
i
6.
7.
f. Tat the County will,
projects, audit the project.
up`en completion of the
District agrees to provide
necessary records, contracts, ,and related documents
necessary to satisfy County audit requirements.
The District agrees to make available to the City the
said baseball field lighting at all times when not being
utilized for school purposes, whenever occurring during the
regular school term or the summer. school term, throughout the
life of this Agreement. The use- of these facilities shall be
determined by a prior schedule mutually agreed upon.
Deviation from said schedule is to be•subject•to approval in
writing by the City Manager and Superintendent of Schools, or
their designated representatives.
None of the parties to this Agreement nor their
respective elected officials, officers and employees, shall be
deemed to assume any liability for any act or 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 the
sole act or omission of the City, its employees, officers or i
agents�in the performance of this Agreement. l /
The City shall not be responsible to the District for
loss or damage to the Districts property.
-4-
Distrlwt agrees to indemnify, d nd, and hold harmless
i
'the CiY, its officers, employees and agents from and again�t/
all claims, demands, suitsa loss, damage, injury and
liability, including costs, judgments and expenses arising out
of any act or omission of the District, its employees,
officers or agents in the performance of this Agreement, or
the, construction provided for herein.
8. The City and the District" shall each provide its own
liability and other insurance deemed by it to be necessary to
protect the activities and facilities covered hereunder in an
amount of not less than Two Million Dollars
($2,000,0.00). The
City and the District shall each provide the other with a
certificate . of insurance -as required herein, which
certificates shall provide notice to the party receiving said
certificate of any cancellation of such coverage.
9. Both the City and District shall solely conduct the
activities, services, and programs normally controlled by each
within the scope of its respective operation. This agreement
does not constitute a'joint powers agreement to provide mutual
or overlapping services. The City shall cooperate to minimize
custodial and maintenance services required by reason of the
City's activities and programs conducted upon the property.
The-District shall provide all janitorial services required to
maintain said property during the term of this Agreement and
the District shall provide all maintenance for said property.
Janitorial services shall include collection and disposal of,
refuse resulting from the use of the property by the City and
the District.
-5-
• 10.
11.
It i6.racknowledged and agreed iwy the District that,
except for specific Recreation events or City sponsored
events, using the baseball field lights, all other uses of
subject property, including general use by the public, are
under jurisdiction of the District.
The term of this Agreement shall be for twenty (20) years
and may be renewed upon mutual agreement of the parties
hereto. This Agreement shall be.-non-revocable except for just
cause and in such event, either party to,this Agreement may
termin�te the agreement at any time subject to 180 days not Fe/
in writing to the other party hereto.
IN WITNESS WHEREOF, the parties hereto have set their hand and seal
the date and year, first above written.
ATTEST:
City Cle
APPROVED AS TO FORM:
lJ �I
City Attorney
-6-
ARCADIA UNIFIED SCH00 ISTRICT
OF LOS ANGELES -COUNT,;
Superintendent
Approved by the Governing Board 4/12/94
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EXHIBIT "A"
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1. AUSD Co,,,Oact No. 99/00;912
AGREEMENT BETWEEN THE CITY OF ARCADIA
AND THE ARCADIA UNIFIED SCHOOL DISTRICT OF
LOS ANGELES COUNTY
FOR THE CONSTRUCTION, MAINTENANCE AND
JOINT USE OF THE ATHLETIC FIELD LIGHTING AT
DANA MIDDLE SCHOOL, FIRST AVENUE MIDDLE SCHOOL
AND ARCADIA HIGH SCHOOL
FOR SCHOOL AND RECREATIONAL PURPOSES
THIS AGREEMENT, made and entered into this 6`" day of October, 1999, by and
between the CITY OF ARCADIA, hereinafter referred to as the "City" and the ARCADIA
UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as
the `District."
WITNESSETH
WHEREAS, the Civic Center Act, commencing with Section 38130 of the Education
Code provides that the governing board of a school district may grant the use of school grounds
for recreational and public purposes; and
WHEREAS, Education Code Section 10900 et seq. provides that governing bodies of any
two or more public authorities may cooperate with each other in the development and conducting
of programs of community recreation; and
WHEREAS, the District owns and operates the Dana Middle School, First Avenue
Middle School and Arcadia High School (collectively, the "School Sites ") located within the
City of Arcadia, County of Los Angeles (the "County "), State of California; and
WHEREAS, a portion of the School Sites consist of athletic fields as depicted in Exhibits
A, B, and C (collectively, the "Premises "), which are attached hereto and incorporated herein by
this reference; and
WHEREAS, the City and District desire to install athletic field lighting on the Premises
for recreational and other related purposes; and
WHEREAS, the City is an eligible applicant for funding under. County of Los Angeles
Regional Park and Open Space District, per Parcel Discretionary Grant Program; and
WHEREAS, the City Council at its meeting of May 18, 1999 approved the filing of an
application with the County of Los Angeles Regional Park and Open Space District for funds
under Section 3(c)l of Proposition A for the installation of athletic field lighting at the School
Sites; and
WHEREAS, the District and the City will mutually benefit from access to and utilization
of athletic field lighting.
NOW, THEREFORE, THE CITY AND THE DISTRICT HEREBY MUTUALLY
AGREE AS FOLLOWS:
-y
The City shall apply for County of Los Angeles Regional Park and Open Space
District, per Parcel Discretionary Grant Program funds allocated in Section 3(61
of Proposition A, in the amount of $242,438.
2. The City, upon execution of an agreement between the County and the City for
the Per Parcel Discretionary Grant Program Funds, shall provide the District the
funds approved in said agreement for the installation of athletic field lighting on
the Premises at the School Sites.
3. The District agrees, upon receipt of the funds described above, to contract for the
construction and installation of the athletic field lighting on the Premises at the
School Sites in accordance with plans and specifications prepared by the District
and approved by the City and the County (the "Project ").
4. The City requires that all lighting specific to the Project be isolated from any and
all other facility energy consumption, subject to the cooperation of the local utility
company and the District's ability to acquire separate metering. The cost of
installing the separate metering at the Premises shall be borne by the Grant
Program.
5. Upon completion of construction and after acceptance of the Project, the Citv
agrees, at its sole cost and expense to a) maintain said athletic field lighting in
good working order and condition, and (b) pay all utility bills when due for the
operation of said athletic field lighting. throughout the life of this Agreement.
The City reserves the right to charge a fee for the use of the lights, other than use
by the District, in order to offset some of the costs of operation.
6. The District recognizes that certain requirements must be fulfilled in the use of
Per Parcel Discretionary Grant Program Funds for the installation of said lighting
and agrees to comply with all said requirements, imposed on the City by the use
of these funds. These requirements include, but are not limited to:
a. That the District will provide and maintain competent and adequate
architectural engineering supervision and inspection at each construction
site to insure that the completed work conforms with the approved plans
and specifications; that it will furnish progress reports and such other
information as the County may require.
b. That the District will give the County's authorized representative access to
and the right to examine all records, books, papers or documents related to
the grant.
C. That the District will cause work on the project to be commenced within a
reasonable time after receipt of funds and that the Project will be
prosecuted to completion with reasonable diligence.
4
d. All deviations from approved plans and specifications shall be submitted
to the City for evaluation of significance and to the County for written
approval if deemed appropriate.
e. That the District has met, or will meet, all federal, state or local
environmental, public health, relocation, and affirmative action and all
other appropriate codes, laws, and regulations prior to expenditure of grant
funds related to the project.
f. That the County will, upon completion of the projects, audit the project.
District agrees to provide necessary records, contracts, and related
documents necessary to satisfy County audit requirements.
7. Use of the Premises
a. The District agrees to make available to the City, without charge except as
expressly provided for in this Agreement, for the purposes of conducting
recreational programs and activities sponsored and organized by the City,
the said athletic field lighting at all times when not being utilized for
school purposes, whenever occurring during the regular school term or the
summer school term, throughout the life of this Agreement. The use of
the Premises shall be determined by a prior schedule mutually agreed
upon. Deviation from said schedule is to be subject to approval in writing
by the City Manager and District Superintendent, or their designated
representatives.
b. The City shall furnish all necessary custodial services and supplies
(including consumable materials) when using the Premises in order to
keep the Premises in a neat, orderly and sanitary condition. Should either
the City request or District require the assignment of District custodial
staff at the Premises when being used by the City, the City shall pay
District the actual cost to the District of providing the custodial staff for
the City sponsored activity. In the event the District provides custodial
staff, the District shall invoice the City for such services and the City shall
pay such invoices within fifteen (15) days of receipt.
C. The District agrees to maintain the Premises and related equipment,
excluding the subject athletic field lighting, in a condition which is safe,
clean, operable, and usable condition.
d. The City shall pay the actual costs determined by the District's established
hourly fee schedule for any required technical staff assigned by the
District and approved by the City Manager or his designee, to provide
operational expertise for the City's use of the Premises. The District shall
invoice the City for such service and the City shall pay such invoice
within fifteen (15) days of receipt.
3
e. The City shall install, repair, maintain and be responsible (including the
risk of loss) for all equipment that the City may own and desire to use on
the Premises for which the District has given its written consent.
£ The City shall be responsible for providing or causing to be provided all
security service as deemed necessary by the Arcadia Police Department
when using the Premises.
g. The City shall be responsible for furnishing and supplying personnel to
conduct and supervise the recreational activities conducted by the City on
the Premises, including non - technical personnel as may be required by the
District, such as supervisors, ushers, ticket takers, etc.).
h. In the event of damage to any portion of the Premises beyond normal wear
and tear due to the carelessness or negligence of the City, the City shall be
responsible for all costs associated with the repair or replacement and
return to safe operable conditions. The City shall give written notice to
the District of any such damage within five (5) working days of the
discovery of the damage. The District shall arrange for and oversee all
repairs or replacement.
8. Neither of the parties to this Agreement nor their respective elected officials,
officers and employees, shall be deemed to assume any liability for any act or
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.
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, including the construction provided
for herein.
9. The City and the District shall each provide its own liability and other insurance
deemed by it to be necessary to protect the activities and facilities covered
hereunder in an amount of not less than Two Million Dollars ($2,000,000). The
City and the Distirct shall each provide the other with a certificate of insurance as
required herein, which certificates of insurance 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. As a condition precedent
4
to execution of this agreement, the District shall provide proof of insurance to the
satisfaction of the City Attorney.
10. Both the City and District shall solely conduct the activities, services, and
programs normally controlled by each within the scope of its respective operation.
The City shall cooperate to minimize custodial and maintenance services required
by reason of the City's activities and programs conducted upon the Premises.
11. It is acknowledged and agreed by the District that, except for specific recreation
events or City sponsored events, using the athletic field lighting, all other uses of
Premises, including general use by the public, are under jurisdiction of the
District.
12. The term of this Agreement shall be for twenty (20) years. This agreement may
be terminated for cause (substantial breach of a material provision) upon thirty
(30) days written notice to the other party. This Agreement may be terminated
without cause upon 180 days written notice to the other party.
13. This Agreement is severable with respect to the Premises set forth in Exhibits A
through C of 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 Premises.
14. This agreement or any interest of the parties therein shall not at any time after the
date hereof, without 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.
15. All notices by either party to the other shall be in writing and shall be deemed and
served upon the other party, if delivered personally or three (3) days after
depositing in the United States 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
16. The District and City shall provide each other with the names and telephone
numbers of personnel that are responsible for the day to day operations of the
recreational programs and facilities of the parties. Said list shall be updated as
needed based on personnel changes.
17. 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 herein contained.
18. 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 written.
CITY OF ARCADIA
A Municipal Corporation
By: li &'/Z� —
R er Chandler, Mayor
AT ST:
C Clerk
APPROVED AS TO FORM:
p
City Attorney
ARCADIA UNIFIED SCHOOL
DISTRICT OF LOS ANGELES
COUNTY
APPROVED AS TO FORM:
Parker, Covert & Chidester
By:
Dou g las N. YeAlan
DISTRICT Counsel
0
-
' So Cal']
wCERTIFlCATE OF COVERAGE *&0
IssUE DATI: 07/20/00
i
ADMINISTRATOR:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
KEENAN & ASSOCIATES
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
LICENSE# 0451271
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2355 CRENSHAW BOULEVARD, SUITE 200
ALTER THE COVERAGES AFFORDED BY THE COVERAGE
TORRANCE, CA 90501
DOCUMENTS BELOW.
COVERED PAS:
ENTITIES AFFORDING COVERAGE
ENTITY A
WEST SAN GAEIR EL UABLITY & PROPERTY JPA
SOUTHERN CALIFORNIA ReLiEFJPA
and
ARCADIA UNIFIED SCHOOL DISTRICT
234 CAMPUS DRIVE
vz
ARCADIA, CA 91007
cII r a/ AI?CAIA
QTV CI,ERK-
ATTN: MR JAY HORTON
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING
ANY RBDUIREMENT, TERM. OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE COVERAGE AFFORDED HE49N IS SUBJECT TO ALL THE TERMS, CONDITIONS OF SUCH COVERAGE DOCUMENTS.
ENT
TYPE OF COVERAGE
COVERAGE
ELECTIVE
MEMBER
LTR
DOCUMENTS
/EXPIRATION DATE
RETAINED LIMIT
LIMITS
/ DEDUCTIBLE
GENERAL LIABILITY
(X]COMMERCIAL GENERAL LIABILITY
COMBINED SINGLE LIMIT
A
[ ]CLAIMS MADE [X]OCCURRENCE
EACH OCCURRENCE
[X]GOVERNMENT CODES
SCR 00102 -14
06- 30- 00 / 01
$ 10,000
$ 4,990,000
[XIBVXM & OMISSIONS
AUTOMOBILE LIABILITY
A
[X]ANY AUTO
( ]HIRED AUTO
SCR 00102 -14
06- 30- 00 / 01
$ 10,000
EACH OCCURRENCE I MR
[ ]NON-OWNED AUTO
$ 4,990,000
[X]GARAGE LIABILITY
[XIAUTO PHYSICAL DAMAGE
A
PROPERTY
ALL RISK
EARTHQUAKE & FLOOD EXCLUDED
SCR 00102 -14
06- 30- 00/01
$ 10,000
$ 500,000,000
l -
PER OCCURRENCE
DESCPoPTION OF OPERATIONS t LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL PROVISIONS:
SUPERVISED USE OF CAMPUS DRIVE BY ARCADIA HIGH SCHOOL FO
- AGREEMO F FOR JOINT PROJECTS, AND USE OF SWIMMING: POOL FROK JULY 1, 2000 THROUGH JUNE30,
2001.
CERTIFICATE HOLDER
CANCELLATION ....... SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE
CANCEM BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING ENTITY /JPA
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENTITY /JPA. ITS
AGENTS OR RE4MENTATIVES.
CITY OF ARCADIA
240 WEST HUNTINGTON DRIVE
ARCADIA, CA 91006 -0060
ATTN: JUNE ALFORD
K &A.. A'L..O6 /2000
AUTHORIZED RFPRFRFrITnrnic
COVERED PARTY
ARCADIA USD
So Cal
o7i2oioo
A.C.# 116
ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERAGE DOCUMENT
SCR 00102 -14
ADMINISTRATOR
KEENAN & ASSOCIATES
Subject to all its terms, conditions, exclusions and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the
following entity but only as respects to liability arising directly from the actions and
activities of the covered party described under "as respects" below.
Additional Covered Party:
CITY OF ARCADIA, ITS CITY COUNCIL, OFFICERS AND EMPLOYEES.
As Respects:
SUPERVISED USE OF CAMPUS DRIVE BY ARCADIA HIGH SCHOOL FOR BAND PRACTICE, COOPERATIVE
AGREEMENT FOR JOINT PROJECTS, AND USE OF SWIMMING POOL FROM JULY 1, 2000 THROUGH JUNE 30,
2001.
Authorized Representative