^- |te00 [NO.
CITY MANAGER
FROM: OFFICE OF THE CITY MANAGER
That the City Council approve a r agreement with the Downey Unified School District (DUSD) for operation of sports fields at Columbus High School.
The City first entered into an agreement with DUSD on July 10, 2001, for the installation of sports fields and associated facilities located et Columbus High Schoo|andfortheaharedoperaUonmnd costs ofthe fields and associated facilities. This agreement was for afifteen (15) year term which expired mnJuly 1O.2O1O. Asubsequent five (5) year term was renewed bvboth parties for July 11. 2016 and recently expired onJuly 12.2O21.
Both DU8Dand the City desire to enter into anew contract for the shared operation and costs of the sports fields aiColumbus High 8ohoo|mndengoo|atedfao!|itieo.The agreement will remain the aenne as the recently expired egreennerd, in regards tothe shared operations and costs concerning the fields and associated facilities.
Currently,the City uses the Columbus High Gohoo|apndofieddaforkaaduKooftbe|leooue.practioe and game location for several Downey Community youth sport organizations, and to hostCity special events.
The City pays DUS[> for custodial services during field usage which is approximately $11'000 per year. This is budgeted for in the Fee Supported Sports & Fitness account from the Parks & Recreation department (account 10-4-4318). The City also pays approximately $41.250 for field maintenance services annually from the Physical 8en/im*u Park Landscaping fund of the Public Works Department (Account 1O-4'313D-O37O). The City receives approximately $2O.0OUper year in revenue generated from the fees assessed bythe City and paid by Major League Softball (&1LS) organization. Therefore, the net cost hothe City ieapproximately $32.25Oper year.
Attachments
Columbus Sports Fields Agreement
Columbus School Maps
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WHEREAS, title to the sports fields and related facilities located at Columbus High School and the land uponwhichsaid Sports Fields and appurtenant facilities are located are vested in DISTRICT;
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11AEREAS, the PARTIES desire to enter into a new operation agreement for thd shared use and operation of the sports fields and appurtenant facilities and to set forth the terms for sharing the costs associated with each party's use and operation of the sports fields and appurtenant facilities.
1 . Definitions. The following terms used in this Agreement shall have the meaning: following
(a) "Non -Routine Maintenance" shall mean non -routine or extraordinary , ��ilua
i n writi ng by C I TY.
(c) "Sports Fields" or"Fields "shall mean the softball/baseball/and RNA- Mie
(d) "Appurtenant Facilities" shall mean thefencing, landscaping, irrigation sod. associated!pathwal e a, u i!? I e iiii akm-I? L�s_LV&'- School, 12340 Woodruff Avenue, Downey, CA 90242.
(e) "Routine Maintenance" shall mean repairs performed on a routine Fields and Appurtenant Facilities (i.e.: field/turf repairs, irrigation repairs, mowing, reseeding, and aeration).
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119 Art I I I WA A rol I L*Lzrq I I Lo Mall &J ir-tim.1010JO]i is (g) "Utilities" shall mean electricity and water.
2. Use. DISTRICT agrees to allow CITY to exclusively use and operate the Sports Fields ("Fields") and Appurtenant Facilities ("Appurtenant Facilities") during the term of this Operation Agreement as follows,
(a) THE DISTRICT will have exclusive rightto scheduled fields forschoi use during regular Columbus High School hours.
(c) During the period City is using the Sports Fields and ARRurtenani I A 9�i.faqj
3. Terms. This Operation Agreement shall commence July 11, 2021, and terminate on July 11, 2026, unless otherwise terminated, extended or modified in accordance with the terms of this Operation Agreement.
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(a) DISTRICTshall provide CITYwith advance written noticeof any Routine Maintenance and Non -routine Maintenance that may or will interfere with or cause delay to CITY's exclusive use of the Sports Facilities and Appurtenant Facilities, with the exception of emergency repairs.
(b) CITY shall provide DISTRICTwith advance written notice of any Routine Maintenance and Non -routine Maintenance that may or will interfere with or cause delay to DISTRICT's exclusive use of the Sports Facilities and Appurtenant Facilities, with the exception of emergency repairs.
(c) CITY shall have full maintenance responsibilityfor the Sports Fields and Appurtenant Facilities for all improvements installed herein. CITY shall also promulgate and adhere to adequate irrigation and mowing schedules and shall keep the Sports Fields and Appurtenant Facilities in a neat and clean condition to the best of their ability. CITY will be responsible forscheduling maintenance on a regular basis for repairs, reseeding, aeration, and other operations as needed. During these maintenance periods, the facilities may be temporarily closed tothe public. (d) DISTRICT and CITY shall agree to a written procedure or method for ensuring janitorial services during the CITY's exclusive use of the Sports Fields
9.nd Appurtenant Facilities.
6. goMpgnsatiort CITY and DISTRICT shall share the costs and expens for the Sports Fields and Appurtenant Facilities as follows: I (a) DISTRICT shall pay for electricity and water use on the Sports Fields and Appurtenant Facilities.
(b) The CITY shall pay for all irrigation system repairs and upgrades, in -field mix purchase and installation, field laser leveling services, routine maintenance costs, mowing, reseeding and aeration of outfields, and DISTRICT provided janitorial services provided for during the CITY's exclusive use of Sports Fields and Appurtenant Facilities. (C) The CITY and DISTRICT may assess a fee to other user groups to cover usage, maintenance, and watering of the fields when used.
7. Indemnification and Hold Hamles!J
(a) DISTRICT hereby covenants to indemnify and hold harmless CITY and CITY's officers, members, employees, agents and volunteers from any and all actions, suits, liabilities, debts, claims, demands, costs or expenses arisin,Q from exclusive u
the exclusive use of Sports Fields and Appurtenant Facilities by the athletic teams.
(b) CITY hereby covenants to indemnify and hold harmless DISTRCT and DISTRICT'S officers, members, employees, agents and volunteers from any and all actions, suits, liabilities, debts, claims, demands, costs or expenses arising from CITY's exclusive use of the Sports Fields and Appurtenant Facilities.
9. Insurance. CITY and DISTRICT are each self -insured against all claims for injuries to persons or property arising from each party's use of the Sports Fields and Appurtenant Facilities.
10. Ngfices. All notices permitted or required under this Operation Agreement shall be given to the respective parties at the following address, or at such. other address as the respective parties may provide in writing for this purpose:
CITY:
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
Phone- (562) 904-7284
Fax: (562) 923-638.8
Attn- City Manager
Downey Unified School District 11627
Brookshire Avenue
Downey, CA 90241
Phone: (562) 469-6520
Fax: (562) 469-6525
Aftn: Assistant Superintendent/Business Services
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be teemed adequate notice on the date actual notice occurred, regardless of the method of service.
11. Review of �jpqrts lzielddAppurtenant Fggilftjqq weNothing herein contained is intended to preclude the Parties from further establishing certain agreements or policies which may more specifically detail the manner of operations of the Sports Fields and Appurtenant Facilities.
12. Represiantatives, CITY hereby appoints the Director of Parks and Recreation or his/her designee and DISTRICT appoints Assistant Superintendent/Business Services or his/her designee as authorized agents with whom the other parhl marA confer re�tardin•, the terms of this OYeration As reME-Mm
13. Ternliba ion. This Operation Agreement may be terminated by either party during the term hereof by giving the other party not less than thirty (30) days written notice.
14. This Operation Agreement shall be
governed by the laws of the State of California and the venue of any action brought hereunder shall be exclusively in the County of Los Angeles.
15. gntm6greement. This Operation Agreement is the entire agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior agreements between the Parties with respect to the matter contained in this Operation Agreement. Any waiver, modification, consent or acquiescence with respect to any provisions of this Operation Agreement shall be set forth in writing and duly executed by both Parties. No waiver by any party or any breach hereunder shall be deemed a waiver of any othersubsequent breach.
16. SUCceissoM�, This Operation Agreement shall be binding upon the assignees, transferees and successors in interest of each of the Parties hereto.
17. Assignment. Neither party assign, transfer, convey, pledge nor otherwise dispose of its rights or obligations hereunder, without prior written consent of the other Party.
CITY OF DOWNEY, DOWNEY UNIFIED SCHOOL DISTRICT
a California municipal corporation a California public body corporate and charter city
By-, By:
Blanca Pacheco Nancy ein, Ph.D.
Mayor Assistant Superintendent/Business
Services
Attest: Attest:
Maria Alicia Duarte, CIVIC Secretary
City Clerk
Approved as to Form- Approved as to Form
Yvette M. Abich Garcia Legal Counsel
City Attorney
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