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HomeMy WebLinkAboutJoint Use of Lighting at Dana Middle, Arcadia High and Foothill Middle SchoolNovember 2, 1999 SUMMARY DISCUSSION STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT TO: MAYOR AND CITY COUNCIL FROM: PAT MALLOY, PUBLIC WORKS SERVICES DIRECTOR 1 JEROME J. COLLINS, RECREATION /COMMUNITY SVC'S DI CTOR BY: DAN LAZO, ASSISTANT ENGINEER SUBJECT: REQUEST TO APPROVE AN AGREEMENT BETWEEN THE CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL DISTRICT FOR THE CONSTRUCTION, MAINTENANCE AND JOINT USE OF ATHLETIC FIELD LIGHTING AT DANA MIDDLE SCHOOL, FIRST AVENUE MIDDLE SCHOOL AND ARCADIA HIGH SCHOOL FOR SCHOOL AND RECREATIONAL PURPOSES. At the May 18, 1999 City Council meeting, the City Council adopted Resolution No. 6110 approving the application for Grant funds from the County of Los Angeles Regional Park and Open Space District for ball field lighting improvements at three (3) school district athletic fields. The attached agreement between the City and the Arcadia Unified School District, upon execution, authorizes joint use of the three (3) school district athletic field lighting. Staff recommends that City Council authorize the execution of the attached agreement, between the City of Arcadia and the Arcadia Unified School District, for the construction, maintenance, and joint use of athletic field lighting at Dana Middle School, First Avenue Middle School and Arcadia High School for school and recreational purposes. The "Safe Neighborhood Parks and Open Space" Measure (Proposition A) was adopted in 1996. In accordance with the Per Parcel Discretionary Grant Program provision of Proposition A, the City of Arcadia is entitled to $242,438 for proposed improvements. The Proposition A funds are non - competitive and require no matching funds. On May 18, 1999, the Arcadia City Council adopted Resolution No. 6110 approving the application for Grant funds from the County of Los Angeles Regional Park and Open Space District Per Parcel Discretionary Grant Program for the improvement of three (3) school district athletic fields; and authorized the Director of Recreation to file the Proposition A application for $242,438 to the County of Los Angeles Regional Park and Open Space District. Mayor and City Council November 2, 1999 Page 2 The improvements proposed for the school district athletic fields include the installation of new field lighting and bleachers. The addition of field lighting at Dana and First Avenue Middle Schools and Arcadia High School athletic fields will serve to greatly expand recreation use of the respective facilities. The improvements proposed for funding through this grant application were recommended in the Youth Master Plan and fully endorsed by the Parks and Recreation Commission. The attached agreement, between the City and the Arcadia Unified School District, was approved by the School Board at its October 12, 1999 Board of Education meeting. As indicated on the attached agreement, the Arcadia School District will prepare all necessary specifications and design drawings. The District will provide supervision and inspection during the construction period. However, the City will be responsible for the operation and maintenance of the said athletic field lighting upon satisfactory completion of the project and throughout the life of the agreement. Proposition A provides annual funds to be used for maintenance and servicing. This agreement is for 20 years and may be renewed upon mutual agreement by the City and School District. FISCAL IMPACT The improvement of the three (3) school district athletic fields is budgeted as part of the 1997/98 Capital Improvement Program. The grant funds will be used to reimburse the City for the cost of the project. The City's share of the lighting improvements of the three (3) school district athletic fields will be limited to the $242,438, i.e., the amount applied for in the Proposition A - Per Parcel Discretionary Grant application. Proposition A also provides approximately $66,200 annually, to be used for maintenance and servicing. These funds will be provided for twenty (20) years. RECOMMENDATION It is recommended that the City Council: Authorize the Mayor and City Clerk to execute, in a form approved by the City Attorney, the agreement between the City of Arcadia and Arcadia Unified School District for the construction, maintenance and joint use of athletic field lighting at Dana Middle School, First Avenue Middle School and Arcadia High School for school and recreational purposes. PM:JJC:DL:dw Attachment APPROVED: William R. Kelly, City Manager WITNESSETH AUSD Co - act 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." 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 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: 1 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)1 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 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 infoluiation 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. 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 teiul or the summer school teuii, 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. 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. 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 perfounance 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 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 5 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 perfoinnance 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 teens, 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: Roger Chandler, Mayor ATTEST: City Clerk ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY uperintendent oard of Education APPROVED AS TO FORM: APPROVED AS TO FORM: Parker, Covert j & Chidester By: 41 City Attorney Douglas N. Yeoman DISTRICT Counsel 6