Item No.
1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: JASON CHACON, INTERIM DIRECTOR OF PARKS & RECREATION D ATE: DECEMBER 10, 2024
SUBJECT: RENEWAL OF A JOINT USAGE AGREEMENT WITH THE DOWNEY
UNIFIED SCHOOL DISTRICT FOR OPERATION OF SOFTBALL FIELDS
AT COLUMBUS HIGH SCHOOL
EXECUTIVE SUMMARY
The City Council will consider the renewal of a joint usage agreement with the Downey Unified School District, for the operation of softball fields at Columbus High School. The City first entered into an agreement with Downey Unified School District 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. The agreement was renewed in July 2016 and in July 2021, and recently expired on June 30, 2023.
RECOMMENDATION
That the City Council:
1.Approve the joint usage agreement with the Downey Unified School District for the use of the softball fields at Columbus High School for City programming for a term of December 10, 2024 through June 30, 2026.
2.Authorize the City Manager, or his designee, to execute any and all amendments to the agreement as deemed necessary.
BACKGROUND
The partnership between the City and the Downey Unified School District (DUSD) for use of softball fields at Columbus High School has been in place for over 20 years. Both DUSD and the City desire to renew the contract for the shared use of the softball fields at Columbus High School and associated facilities. The renewal agreement will remain the same as the recently expired agreement, in that the City shall pay for electricity, field maintenance, and water usage on softball field and appurtenant facilities in exchange for the City having exclusive use of fields and facilities after regular school hours. DUSD will provide custodial support for recreational programming on weekends and for Special Events.
RENEWAL OF JOINT USAGE AGREEMENT WITH THE DOWNEY UNIFIED SCHOOL DISTRICT FOR
OPERATION OF SOFTBALL FIELDS AT COLUMBUS HIGH SCHOOL
DECEMBER 10, 2024
PAGE 2
2 Currently, the City uses the Columbus High School sports fields for its adult softball league, practice, and game locations for several Downey Community youth sport organizations, and to host City special events.
AN ALYSIS
The term of the renewal will be from December 10, 2024 through June 30, 2026.
The joint use has been beneficial for both entities and the community. By sharing resources, the City can expand its recreational programming, providing more opportunities for the residents to engage in sports and physical activities. This collaboration ensures that the fields are utilized to their full potential, promoting a healthy and active lifestyle among youth and adults. Additionally, it fosters a sense of community, as residents from different parts of the City come together to participate in and support local sports and events. Continued programming not only enhances the quality of life, but also strengthens community bonds and supports the overall well-being of the City’s residents.
CITY COUNCIL PRIORITIES
Quality of Life, Safety and Infrastructure
Public Engagement
FISCAL IMPACT
Approval of the recommended action will result in an expenditure of $30,200 annually from the General Fund to the Parks & Recreation account 10-4-4318-0370 and Public Works account 10-4-3130-0370 as previously approved in the Fiscal Year 2024-2025 operating budget. There is sufficient fund balance for the recommended actions.
ATTACHMENTS
Attachment A: Agreement between the City of Downey and the Downey Unified School District for operation of softball field at Columbus High School
AGREEMENT
BETWEEN CITY OF DOWNEYAND
THE DOWNEY UNIFIED SCHOOL DISTRICT
FOR OPERATION OF SOFTBALL FIELD
AT COLUMBUS HIGH SCHOOL
This Operation of Softball Field at Columbus High School Agreement ("Operation Agreement") is made and entered into this 10th day of December 2024 by and among the City of Downey, a municipal corporation and charter city ("CITY"), and the Downey Unified School District ("DISTRICT"), a public body corporate, collectively referred to as the " Parties".
WHEREAS, title to the Softball Field and related facilities located at Columbus High School and the land upon which said Softball Field and Appurtenant Facilities are located are vested in DISTRICT; and
WHEREAS, the PARTIES desire to enter into an operation agreement for the shared use and operation of the Softball Field and Appurtenant Facilities and to set forth the terms for sharing the costs associated with each party’s use and operation of the Softball Field and appurtenant facilities.
NOW, THEREFORE, the PARTIES hereto do agree as follows:
1. Definitions. The following terms used in this Agreement shall have the following meanIng:
(a) "Non-Routine Maintenance" shall mean non-routine or extraordinary repairs to the Softball Field and Appurtenant Facilities which are approved in writing by the CITY. (b) "Operational Costs" shall mean those expenses incurred in operatingthe Softball Field and Appurtenant Facilities, including, but not limited to cleaning, field game preparations, and Softball Field and Appurtenant Facility maintenance, which are regularly incurred either daily, weekly or monthly, and the cost ofsalaries and benefits ofemployee(s) for necessary custodian and/or engineer’s time as determined and agreed to in writing by CITY. (c) "Softball Field“shaIlmeanthe softball field located on the southern side ofthe property at Columbus High School, 12340 Woodruff Avenue, Downey, CA 90242. (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.
ATTACHMENT A
(e) "Routine Maintenance" shall mean repairs performed on a routine basis for maintenance and recreational equipment used in conjunction with the Softball Field and Appurtenant Facilities (i.e.: field/turf repairs, irrigation repairs, mowing, reseeding, and aeration). (f) "Supplies " shall mean bases, field chalk, hoses, brooms, rakes, drag mats, and other field 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 Softball Field and Appurtenant Facilities (“Appurtenant Facilities") during the term of this Operation Agreement as follows:
(a) THE DISTRICT will have exclusive right to schedule and use the Softball Field and Appurtenant Facilities forschool use during regular Columbus High School hours. (b) THE DISTRICT will have the right to schedule and use the Softball Field and Appurtenant Facilities for school use in the event the facility is needed after regular school hours with 48-hour prior notice to the CITY.
(c) THE CITY will have exclusive right to schedule a LHthe Softball Field and Appurtenant Facilities for City and other public recreational use, from 6pm-1 1 :00pm Monday through Friday and Sunday from 8am-1 1 :00pm.
(d) During the period City is using the Softball Field and Appurtenant Facilities, CITY shall have sole discretion on the type ofrecreational programs and events it shall organize and sponsorat the Softball Field
3. Term. This Operation Agreement shall commence December 10, 2024, and terminate on June 30, 2026.
4. Maintenance and Operation of Softball Field.
(a) DISTRICT shall provide CITY with advance written notice ofany Routine Maintenance and Non-routine Maintenance that may or will interfere with or cause delay to CITY’s exclusive use ofthe Softball Field and Appurtenant Facilities, with the exception of ernergency repaIrs.
(b) CITY shall provide DISTRICT with advance written notice ofany Routine Maintenance and Non-routine Maintenance that may or will interfere with or cause delay to DISTRICT’s exclusive useofthe Softball Field and Appurtenant Facilities, with the exception of emergency repaIrs.
(c) CITY shall have full routine and non-routine maintenance responsibility for the Softball Field and Appurtenant Facilitiesfor aII improvements installed herein. CITY shall also promulgate and adhere to adequate irrigation and mowing schedules and shall keep the Softball Field and Appurtenant Facilities in a neat and clean condition to the best of their ability. CITY will be responsible for scheduling maintenance on aregular basisforrepairs, reseeding, aeration, and other operations as needed. During these maintenance periods, the facilities may be temporarily closedtothepublic.
(d) DISTRICT will charge the CITY trqNrrtH services at the non-profit rate during the CITY’s exclusive use of the Softball Field and Appurtenant Facilities during non-business hours.
ATTACHMENT A
5. Damages to DISTRICT Property. CITY shall reimburse DISTRICT for the cost of repair of any damage to the Softball Field and Appurtenant Facilities occurring during the period of CITY's exclusive use of the Softball Field and Appurtenant Facilities.
6. Compensation. CITY and DISTRICT shall share the costs and expenses for the Softball Field and Appurtenant Facilities as follows:
(a) CITY shall pay for electricity and water use on the Softball Field 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 ofoutfields, and DISTRICT will provide janitorial services at the non-profit rate for during the CITY's exclusive use of Softball Field and Appurtenant Facilities during non- business hours.
(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 Harmless
(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 DISTRICT’s exclusive use of the Softball Field and Appurtenant Facilities and/or the exclusive use of Softball Field and Appurtenant Facilities by the DISTRICT’s athletic teams. (b) CITY hereby covenants to indemnify and hold harmless DISTRICT 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 Softball Field and Appurtenant Facilities, except to the extent caused by DISTRICT’s negligence or willful misconduct.
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 Softball Field and Appurtenant Facilities.
10. Notices. 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
1 1111 Brookshire Avenue
Downey, CA 90241
Phone: (562) 904-7284
Fax: (562) 923-6388
Ann: City Manager
ATTACHMENT A
DiSTRICT:
Downey Unified School District
11627 Brookshire Avenue
Downey, CA 9024 1
Phone: (562) 469-6520
Fax: (562) 469-6525
Ann: 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 deemed adequate notice on the date actual notice occurred. regardless of the method of service.
11. Review of Softball Field and Appurtenant Facilities Use. Nothing herein contained is intended to preclude the Parties from further establishing additional agreements or policies which may more specifically detail the manner of operations of the Softball Field and Appurtenant Facilities.
12. Representatives. 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 party may confer regarding the terms of this Operation Agreement.
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. Applicable Law and Venue. 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. Entire Agreement. 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 other subsequent 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, pledgenor otherwise dispose of its rights or obligations hereunder, without prior written consent of the other Party
ATTACHMENT A
IN WITNESS WHEREOF, this Operation Agreement has been duly authorized and executed by the Parties hereto on the day and year first herein above written.
CITY OF DOWNEY, DOWNEY UNIFIED SCHOOL DISTRICT
a California municipal corporation a California public body corporate and charter city
By:
Mario Trujillo,
Mayor
By:
Robert VlcEntire, Ed.D.
Associate Superintendent/Business Services
Attest :Attest :
Maria Alicia DuaNe, CMC
City Clerk
Secretary
Approved as to Form:Approved as to Form.
Legal Counsel
City Attorney
ATTACHMENT A