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�Item
APPROVED BY
CITY MANAGER
TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JASON CHACON, DIRECTOR OF PARKS & RECREATION
DATE: AUGUST 23, 2022
SUBJECT: RENEWAL OF AGREEMENT WITH THE DO NEY UNIFIED SCHOOL DISTRICT
FOR OPERATION OF SPORTS FIELDS AT COLU BUS HIGH SCHOOL
RECOMMENDATION
That the City Council approve a one-year agreement with the Downey Unified School District (DUSD) for operation of sports fields at Columbus High School.
DISCUSSION
The City first entered into an agreement with DUSD on July 10,-2001, for the installation of sports fields and associated facilities located at Columbus High School and for the shared operation and costs of the fields and associated facilities. This agreement was for a fifteen (15) year term which expired on July 10, 2016. A subsequent five (5) year term was renewed by both parties for July 11, 2016 and recently expired on July 12, 2021.
Both DUSD and the City desire to enter into a new contract for the shared operation and costs of the sports fields at Columbus High School and associated facilities. The agreement will remain the same as the recently expired agreement, in regards to the shared operations and costs concerning the fields and associated facilities.
Currently, the City uses the Columbus High School sports fields for its adult softball league, practice and game location for several Downey Community youth sport organizations, and to host City special events.
FISCAL IMPACT
The City pays DUSD 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 Services Park Landscaping fund of the Public Works Department (Account 10- 4-3130-0370). _ The City receives approximately $20,000 per year in revenue generated from the fees assessed by the City and paid by Major League Softball (MLS) organization. Therefore, the net cost to the City is approximately $32,250 per year.
RENEWAL OF AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT FOR OPERATION OF
SPORTS FIELDS AT COLUMBUS HIGH SCHOOL
AUGUST 23, 2022
PAGE 2
ATTACHMENTS
Attachment A. Columbus Sports Fields Agreeme
Attachment B: Columbus School•
AGREEMENT
BETWEEN CITY OF DOWNEYAND
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vested in DISTRICT;
WHEREAS, on July 10, 2001, CITY and DISTRICTentered into an agreement for &Z TeN
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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 (b) "Operational Costs" shall mean those expenses incurred in operating the Sports Fields and Appurtenant Facilities, including, but not limited to cleaning, field game preparations, and Sports Field and Appurtenant Facility maintenance which are regularly incurred eitherdaily, weekly or monthly and the cost of salariesand benefitsof &RC&Sreelt-tt-
in writing by CITY.
(c) "Sports Fields" or"Fields" shall mean the softball/baseball/arl ioccer sports fields located on the southern side of the property at Columbus Hig School, 12340 Woodruff Avenue, Downey, CA 90242. 1
(d) "Appurtenant Facilities" shall mean the fencing, landscaping, irrigation, sod, associated pathways, equipment, and in -field mix located atColumbus High 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).
(D "Supplies" shall meanbases, fieldchalk, hoses, brooms, rakes, drag mats, and otherfield maintenance and custodian supplies and items. (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 th(; term of this Operation Agreement as follows:
(a) THE DISTRICTwill have exclusive right to scheduled fields forschool use during regular Columbus High School hours.
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(c) During the period City is using the Sports Fields and w-,11impreff "111"11 16-1 111VIVAIZZIN.P1401
3. Terms. This Operation Agreement shall commence July 11, 2021, and terminate on December 31, 2023, unless otherwise terminated, extended or modified in accordance with the terms of this Operation Agreement.
(a) DISTRICTshall provide CITYwith advancewritten notice of any Routine Maintenance and Non -routine Maintenance that may or will interfere with or twe(Na
with the exception of emergency repairs.
(b) CITY shall provide DISTRICTwith advancewritten 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 responsibility for the Sports Fields 2nd 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 basisfor repairs, reseeding, aeration, and other operations as needed. During these maintenance periods, the facilities may be temporarily closed to the public. (d) DISTRICTand CITY shall agree to a written procedure ormethod ior ensuring janitorial services during the CITY's exclusive use of the Sports Fields and Appurtenant Facilities.
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6. gpmpentatiom CITY and DISTRICT shall share the costs and expenses for the Sports Fields and Appurtenant Facilities as follows:
(a) DISTRICT shall pay for electricity and water use on t Sports Fields and Appurtenant Facilities. I
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(c) The CITY and DISTRICT may assess a fee to other user groups to cover usage, maintenance, and watering of the fields when used.
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(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 arising from exclusive use of the Sports Fields and Appurtenant Facilities and/ the exclusive use of Sports Fields and Appurtenant Facilities by the athletic Leams.
(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, #U*--KVG- Alit, dh--.65�t Ul:llf
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.
[oil 11-AW1010
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
Phone- (562) 904-7284
Fax: (562) 923-638.8
Attn- City Manager
Nowney Unified School District 11627
'Wrookshire Avenue
Downey, CA 90241
Phone: (562) 469-6520
Fax: (562) 469-6525
Attn- 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 -netW,od of se -vice.
11. Review of Sports Fields and Ap2urtenant Facilities Use. Rothing 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. Reor6seritatives. 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
13. Termination. 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. Applicablia Law and Venue. This Operation Agreement shall be governed by the laws of the State of California and the venue of any action brougl hereunder shall be exclusively in the County of Los Angeles.
15. Enbre Agreement. This Operation Agreement is the entire agreemenil 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 ar breach hereunder shall be deemed a waiver of any othersubsequent breach.
16. Successors. 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.
IN WITNESS WHEREOF, this Operation Agreement has been duly authorized an executed by the Parties hereto on the day and year first herein above written. C1
CITY OF DOWNEY, DOWNEY UNIFIED SCHOOL DISTRIC
a California municipal corporation a California public body corporate 717-T;
By:
Blanca Pacheco,
Mayor
Attest
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Lauren Langer,
Secretary
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