CONTRACT 4347C AmendmentAgreement No. 4347C
AMENDED AND RESTATED JOINT USE AGREEMENT FOR PUBLIC RECREATION
FACILITIES BETWEEN THE CITY OF EL SEGUNDO AND EL SEGUNDO UNIFIED
SCHOOL DISTRICT OF LOS ANGELES COUNTY
This AGREEMENT is made and executed this 1 st day of September 2023, between the
CITY OF EL SEGUNDO, a municipal corporation ("City"), and the EL SEGUNDO UNIFIED
SCHOOL DISTRICT OF LOS ANGELES COUNTY, a California public school district
("District"), each, individually, a "party" and, collectively, the "Parties."
RECITALS
This Agreement is made with reference to the following facts and objectives:
A. Chapter 10, Part 7 of Division I (Section 10900, et seq.) of the Education Code of
the State of California authorizes and empowers school districts and cities to
organize, promote and conduct programs of community recreation to establish
systems of playgrounds and recreation, and acquire, improve, maintain, and operate
centers within or without the territorial limits of the city.
B. On September 19, 2012, the City and the District entered into that certain Amended
and Restated Joint Use Agreement which established the Parties' respective rights
and agreement to jointly use specific properties owned by each party (the "Original
Agreement"). The Original Agreement was for a term of ten years terminating on
September 20, 2022. The Original Agreement was extended by the Parties on
September 21, 2022, and is scheduled to terminate on September 1, 2023.
C. The Parties wish to continue the Joint Use agreement pursuant to the terms set forth
herein.
D. City owns, operates and maintains certain public recreation facilities known as El
Segundo Recreation Park (401 Sheldon Street); El Segundo Library Park (600.
Block Main Street); El Segundo Hilltop Park (Maryland Street and Grand Avenue);
Urho Saari Swim Stadium (219 West Mariposa); Acacia Park (623-25 West Acacia
Avenue); Washington Park (Washington Street at Palm Avenue); Constitution Park
(Washington Street between Palm and Maple Avenue); Sycamore Park (Sycamore
Avenue and California Street); Kansas Park (Holly Avenue and Kansas Street);
Candy Cane Parkette (100 Block Whiting Street); Campus El Segundo Athletic
Fields (2201 East Mariposa Avenue); Freedom Park (Illinois Street between
Mariposa Avenue and Holly Avenue); Independence Park (Washington Street
between Walnut Avenue and Sycamore Avenue); Camp Eucalyptus (641 California
Street); El Segundo Teen Center and Skatepark (405 East Grand Avenue); and
lighting at the Richmond Street School (collectively, the "City Owned Facilities").
The City also operates and maintains lighting on the property adjacent to the
Richmond Street School located at 615 Richmond Street (the "615 Richmond Street
Improvements"). The City also owns the Lakes at El Segundo Golf Course (the
"Golf Course"). The Golf Course is managed by a third parry pursuant to a
Management Agreement with the City and consistent with that certain Lease
Agreement No. 4347C
Agreement regarding adjacent City -owned property and on which the "Topgolf"
entertainment venue has been constructed and is operating. The Golf Course, 615
Richmond Street Improvements, and City Owned Facilities shall be collectively
defined as the "City Facilities."
E. District owns, operates and maintains certain school facilities known as El Segundo
High School (640 Main Street); Center Street School (700 Center Street) El
Segundo Middle School (332 Center Street); School District Offices (641 Sheldon
Street); Richmond Street School (615 Richmond Street); and Eagles' Nest
Preschool (641 Sheldon Street). The foregoing properties shall be defined as the
"District Facilities." District also operates and maintains a ball field, turf areas,
landscaping utilities and other fixtures known as the Center Street School, located
at 700 Center Street, and Richmond Street School, located at 615 Richmond Street,
both fields will be subject to City use pursuant to this Agreement. The City's
Recreation and Parks staff will be in charge of scheduling and benefit from revenue
responsibilities for the fields adjacent to the Center Street School and Richmond
Street School.
F. The aforementioned facilities are available for such uses as described in Recital A,
when such use will not interfere with the owning partys use of the facilities.
G. City and District have found that it will be in the public interest, economically and
practically, to cooperate with each other in regard to the recreational use of the
aforementioned facilities and, therefore, desire to enter into an agreement pursuant
to the provisions of said Chapter 10 of the Education Code.
H, City is concerned with the continued quality of education, recreation and
extracurricular activities that its residents, particularly its minor residents, receive
and desires to provide support and collaboration to District for purposes of
maintaining and enhancing the availability of these services.
I. Such services benefit the youth of El Segundo by providing such youth with vital
services that will lessen the need for City services such as police and park and
recreation services and will result in better educated and healthier youth in the City.
City believes that District's educational services play a critical role in providing the
City with future citizens that will dedicate their time and knowledge to the
community and thereby increase the quality of life in the City of El Segundo.
K. The benefits provided to the District herein shall be in addition to in -kind and other
contributions provided to the District by the City, which are anticipated to total
approximately $897,401 for fiscal year 2023-24. These in -kind services include,
but are not limited to, the services approximately described on Exhibit A.
L. The benefits provided to the City herein shall be in addition to in -kind and other
contributions provided to the City by the District, which are anticipated to total
approximately $871,859 for fiscal year 2023-24. These in -kind services include,
but are not limited to, the services approximately described on Exhibit B.
Agreement No. 4347C
M. City and District hereby seek to amend and restate the September 19, 2021,
Amended and Restated Agreement and to add additional properties and in -kind
services subject to the terms provided herein.
NOW, THEREFORE for and in consideration of the mutual covenants and conditions
contained herein, the Parties agree as follows:
1. Term. This Agreement is for the term of seven (7) years, retroactively
commencing on September 21, 2023, and terminating September 20, 2030 , with an
opportunity for either party to re -open the Agreement in 2027. This Agreement may be
renewed or extended upon mutual written agreement of the Parties. In the event either
Party has any concerns or desires to amend the Agreement, including, but not limited to,
adding or changing the respective responsibilities of the Parties, the Parties agree to meet
in good faith to consider amending this Agreement as necessary to address the stated
concern(s). Nothing herein shall be construed as requiring or obligating the Parties to
accept any amendment. Instead, the Parties hereby agree to meet and discuss any potential
amendments in good faith to determine if any such amendment is necessary and in the best
interest of both Parties.
2. District's Use oil` 011 Facilities. City agrees to allow District to utilize the
City Facilities for educational programs, events or uses, under the direction and supervision
of District in accordance with a schedule acceptable to City and District, provided,
however, that such scheduled use cannot at any time interfere with the use of the City
Facilities or equipment for the regular conduct of City -authorized recreation programs,
events or uses. District will have priority over non -City authorized recreation programs,
events or uses in the scheduling of City Facilities. District's use of the Golf Course is
subject to the terms of the Management Agreement and the Lease Agreement.
3. City Use of District Facilities.. District agrees to allow City to utilize the
District Facilities for programs, events or uses, under the direction and supervision of City
in accordance with a schedule acceptable to City and District; provided, however, that such
scheduled use cannot at any time interfere with the use of the District Facilities or
equipment for the regular conduct of school programs, events or uses. City will have
priority over non -District programs, events or uses in the scheduling of District Facilities
during periods when they are not used for school purposes. District will add the high school
practice field, the new middle school gym, outdoor basketball courts and the field to the
City's scheduling software system for use by the City to the extent those facilities are not
otherwise being used for District purposes. District also agrees its facilities can be used by
the City for emergency shelter upon a mutually acceptable written agreement. Both entities
agree to schedule fields according to their respective policies.
4. q i inert and Personnel. Each parry hereto agrees to conduct and
supervise their respective programs, events and uses on the other party's facilities in
conformance with their respective policies and budget limitations. It is agreed further in
this regard, that the Parties must provide all expendable supplies and materials and must
furnish and compensate all personnel necessary to conduct their respective programs and
activities, except as may be mutually agreed upon by City and District from time to time
Agreement No. 4347C
during the terms of this Agreement and as provided by law. In the event any of the Facilities
subject to this Agreement include the one-time purchase of equipment upgrades (such as
scoreboards or lighting), the Parties may negotiate a pro-rata payment based on both
parties' use of the new equipment through separate agreements between the District and
the City.
5. Rules and Regulations. During the conduct of such programs and activities,
each party may formulate and enforce such rules and regulations as are acceptable to the
other party, and necessary to maintain proper standards of conduct and safety on said
facilities for all age groups.
6. Du to Re air. Each party agrees to comply with all existing rules
regulating their respective properties including, without limitation, cleanup after using the
property. Each party must repair, cause to be repaired, or reimburse the other for the cost
of repairing damage to said facilities occurring during the period of use by that party, except
where such damage may be attributed to ordinary or reasonable use of such facility. Except
as otherwise provided for in this Agreement, each party will be responsible for normal
operation, maintenance and repair of its own buildings and facilities. It is understood that
both Parties have the right in their respective sole and absolute discretion to make one or
more of their facilities unavailable for use by the other party for purposes of repairing or
making alterations to the facilities or because the facility is unfit for public use. In the
event either parry has concerns or requests regarding the repair or maintenance of any
facilities subject to this Agreement, all such concerns or requests shall be addressed to, and
resolved through, the District Contact and the City Contact as set forth in Section 19 below.
7. Alterations. Neither party may make, or cause to be made, any alterations
to the other's property, or any part thereof, without the other's prior written consent. This
section shall not apply to the 615 Richmond Street Improvements.
Indemnification.
A. District's Indemnification. District must defend and hold City, its
city council, officials, officers, agents and employees, free and harmless from any liability
for loss, damage, injury or death to persons, or damage to or loss of property, including
City property, arising out of District's use of the City Facilities or any building, facility or
equipment located thereon.
B. Cit� "s Indeniniftcation. City must defend and hold District, its Board
of Education, officials, officers, agents and employees free and harmless from any liability
for loss, damage, injury or death to persons, or damage to or loss of property, including
District property, arising out of City's use of the District Facilities or any building, facility
or equipment located thereon.
9. Hazardous/Toxic Waste. Neither party has nor, to their knowledge, has any
third parry used, generated, stored or disposed of or permitted the use, generation, storage
or disposal of, any Hazardous Material (as defined below) on, under, about or within the
District Facilities or City Facilities in violation of any law or regulation. The Parties agree
Agreement No. 4347C
that they will not use, generate, store or dispose of any Hazardous Material (as defined
below) on, under, about or within their properties in violation of any law or regulation. As
used in this section, "Hazardous Material" means any substance, chemical or waste that is
identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation (including petroleum and asbestos).
10. Signs. Neither party may place any sign upon the other's property without
the owner's prior written consent. The requesting parry must pay for all costs of any
approved signage and comply with all applicable sign codes and ordinances.
11. Insurance.
A. District's f iat tr') Insure. District must keep in full force and effect
during the term of this Agreement public liability insurance, insuring and protecting City
and District from and against any and all liability of City for damages arising out of or
connected with use by District, its agents, employees, permittees, and students of the City
Facilities or any building, facility or equipment located thereon. All public liability
insurance required hereunder must be in the minimum amount of Ten Million Dollars
($10,000,000) and a certificate of such insurance showing City as additional insured must
be provided to City. Said certificate must provide that City will receive thirty (30) days'
notice of cancellation of said policy.
B. Cites djut to Insure. City must keep in full force and effect during
the term of this Agreement public liability insurance insuring and protecting City and
District from and against any and all liability of District for damages arising out of or
connected with use by City, its agents, employees, and permittees of the District Facilities
or any building, facility or equipment located thereon. All public liability insurance
required hereunder must be in the minimum amount of Ten Million Dollars ($10,000,000)
and a certificate of such insurance showing District as additional insured must be provided
to District. Said certificate must provide that District will receive thirty (30) days' notice
of cancellation of said policy.
12. Limitations on Use. Neither party may permit any person or organization to
use any of the facilities, buildings or accessories thereto where such use is inconsistent with
the provisions of federal, state or local laws, including without limitation, Section 10900
through 10916 of the Education Code of the State of California, the El Segundo Municipal
Code, or adopted City or District policies.
13. Use Scliedule . The Superintendent of the School District and the City
Manager of the City, or their designees, are hereby authorized and directed by their
respective parties to develop necessary schedules and/or details in connection with the
operation of the facilities pursuant to this Agreement which are consistent with the above -
stated purposes. The parties agree to meet twice a year to schedule fields and facilities for
the Fall/Winter and Spring/Summer seasons to accommodate school and city
programming.
Agreement No. 4347C
14. Termination. Either party may terminate this Agreement at any time with or
without cause upon written notification. By executing this Agreement, the Parties waive
any and all claims for damages that may otherwise arise from early termination under this
section.
15. Successors and Assiwis. This Agreement is binding on the assigns,
transferees and successors in interest of City and District whether said successor in interest
is a unified school district or other political entity.
16. Ep ees. For purposes of this Agreement, all persons employed in the
performance of services and functions for the City shall be deemed City employees and no
City employee shall be considered as an employee of the District under the jurisdiction of
the District, nor shall such City employees have any District pension, civil service, or other
status while an employee of the City. For purposes of this Agreement, all persons employed
in the performance of services and functions for the District shall be deemed District
employees and no District employee hall be considered as an employee of the City under
jurisdiction of the City, nor shall such District employees have any City pension, civil
service, or other status while an employee of the District.
17. 'Entire Agreement. This Agreement represents the entire understanding of
the Parties with respect to the subject matter herein and all prior written and oral
agreements regarding the subject matter herein are superseded by this Agreement.
18. Assent. Neither party may assign this Agreement or its interest herein.
Any such attempted assignment will be void.
19. Notices. Except as otherwise expressly provided by law, all notices or other
communications required or permitted by this Agreement or by law to be served on or given
to either party by the other party will be in writing and will be deemed served when
personally delivered to the party to whom they are directed, or in lieu of the personal
service, upon deposit in the United States Mail, certified or registered mail, return receipt
requested, postage prepaid, addressed to:
District Contact
El Segundo Unified School District
641 Sheldon Avenue
EI Segundo, CA 90245
Attn: Melissa Moore, Ed.D. Superintendent
City Contact
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn: Darrell George, City Manager
Agreement No. 4347C
Either party may change its address for the purpose of this section by giving written notice
of the change to the other party.
20. c �.pt ��ic chi Electrollic_Sigr� .tunes The Parties agree that agreements
ancillary to this Agreement and related documents to be entered into in connection with
this Agreement will be considered signed when the signature of a party is delivered by
electronic transmission. Such electronic signature will be treated in all respects as having
the same effect as an original signature.
21. Governing Law. This Agreement has been made in and will be construed in
accordance with the laws of the State of California and exclusive venue for any action
involving this Agreement will be in Los Angeles County.
22. Partial Invalidity. Should any provision of this Agreement be held by a court
of competent jurisdiction to be either invalid or unenforceable, the remaining provisions
will remain in effect, unimpaired by the holding.
23. Construction. No provision of this Agreement shall be construed by any
court or other judicial authority against either party hereto by reason of such party's being
deemed to have drafted or structured such provision.
24. , utliot� tv/Mod ification. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement
and to engage in the actions described herein. This Agreement may be modified by written
agreement. City's City Manager, or designee, may execute such amendment on behalf of
City.
25. Counterparts. This Agreement may be executed in any number of
counterparts, each of which will be an original, but all of which taken together will
constitute one instrument executed on the same date.
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement by their
officers duly authorized.
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[Name]
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Agreement No. 4347C
IT OF EL SEGUNDO
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[Signature]
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.�.�.._. _ ........_... ��..�. � .[Name]
2F i 2 [Date]
W"S TO F0R1'a
CITY ATTOIkEY
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City
City of El Segundo
Agreement No. 4347C
�XHIBIT A
city of El Segundo
In-xind & other contributions to School District
"Projected' Fiscal Year 2023.2024
POLICE DEPARTMENT
SRO $
153,OCA
100 hours of overtime donated for football, prom, etc.
35,O00
POLICE DEPARTMF14T TOTAL
1t18,D00
FIRE DEPARTMENT
45 hours of straight time donated for football games
4,035
SD hours of straight time donated from Fire Prevention for inspections
2,1aS
iindudesAnnual inspections, sprinklers, etc.)
56 hours of Fite Department emergencf responses
8,308
0 hours of time donated for Workability Program- student Worker
FIRE DEPARTMENT TOTAL
14,498
RECREATION, PARKS & LIBRARY
Library Division
school Library Staff Salaries and Benefits
127,600
school Library Books and Materials
5,000
shared online catalog updates and Maintenance
5,5W
Library IYvrrfon,Total
138,100
Recreation Wvi ion
staff forschool events at Teen Center
Staff )Lifeguards) For school events at Urho Saari Ssvim Strum'
Staff j Lifeguards) for school events the El Segundo VAsebum Aquatics center
41,945
Rental value for Recreation Park Stevenson Field
4,026
Rental value for Recreation Park Softball Field
2,470
Rental value for Rec Park Basketball
-
Rental value for Campus 15 Segundo
3,360
Rental value for Recreation Park. Basketball and Tennis Courts
3,OD0
Rental value for Richmond St. School Field
2165
Rental value for ElSegundo WLsebum Aquatics Center
109:569
Rental value for Teen Center
-
Recreation D�t'E;r.4Rn Total,
165,536
Pori r D46an
haintenance, preparation, and utilities for Richmond St. school Field less rental revenue
40,Bo0
Maintenance, preparation, and utibtiesfor Recreation Park Stevenson Field
36,200
Maintenance, preparation, and utilities for Recreation Park Softball Field
37,9W
Parka Division iotai
116,9W
RECREATION, PARKS& LIBRARY TOTAL
421,536..
PUBLIC WORKS
Facility maintenance for urho Saari Swan Stadium'
Chemical and suplies for Urho Saari swim stadium*
utBities-gas, water, and electricity for Urhosaari Svim Stadium*
Facility maintenance for El Segundo Wiseburn Aquatics center
16,900
Chemical and suplies for El Segundo Wbebum Aquatics Center
12,800
Utilities -gas, water, and electricity for El Segundo WBeburn Aquatics Center
37,900
PUBLIC WORKS TOTAL
67,600
CITY MEDIA SERVICES
Graduations j ES KS, ES MS and Arena) 9,204
ESNS sports coverage r' 10,737
Concerts, plays, and mist events (ESNS, ESIAS, Richmond St, and Center St) 22,507
CITY MEDIA SERVICES TOTAL 41,608
FINANCE DEPARTMENT
Crossing Guards at Richmond Street, Center street, and El Segundo Middle school 234,000
FINANCE DEPARTM ENTTOTAL 234,000
GRANOTOTALCONTRIBUTIONS $ 967,242
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Agreement No. 4347C
Exhibit B
El Segundo Unified School District
In -Kind and Other Contributions to the City of El Segundo
Projected for Fiscal Year 2023-24
MEMMEM 1`001=1=
Rental Value for El Segundo High School Gym
$82,050
Rental Value for Performing Arts Center at El
Segundo High School
$30,800
Rental Value for Bulldog Hall at El Segundo 1vliddle
School
$12,750
Ranger hours for public access on weekends and
holidays
$63,360
rc
upity use,
$30,901
High School track public access
$16,500
Value of LCFF'funding for City Media Center
$393,673;
Maintenance, preparation, and utilities for City
Media Center
$23,617
Re ,1%Lyalue for Center Street School Field
$80;971
j
Maintenance of Center Street Fields
$7,956
Rental Value of Middle School, Fields
$25,000
Maintenance of Middle School Fields
$5,072
Maintenance of Richmond.
Street Fields
$20i1
Rental Value of Richmond Street Fields
$80,971
Use of CSS black top for E-bike training
$10
Ranger hours for TLC Restroom Access at
Richmond Field
$2,539