CONTRACT 4347 Other4 3 4 7 • . -
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 19 day of Sept. , 2012, 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").
- 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. 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); EI Segundo Teen Center and Skatepark (405
East Grand Avenue); The Lakes at El Segundo Golf Course (400 South Sepulveda
Boulevard); and certain improvements, including landscaping, lighting, utilities
and other fixtures on the property adjacent to the Richmond Street School (the
"City Owned Facilities"). The City also operates and maintains certain
improvements, including a ball field, turf areas, landscaping, lighting, utilities and
other fixtures on the property adjacent to the Richmond Street School located at
615 Richmond Street (the "615 Richmond Street Improvements"). The 615
Richmond Street Improvements and City Owned Facilities shall be collectively
defined as the "City Facilities."
C. 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 Riclvnond Street); and
Eagles' Nest Preschool (641 Sheldon Street). The foregoing properties shall be
defined as the "District Facilities."
4347 •
D. The aforementioned facilities are available for such uses as described in Recital
A, when such use will not interfere with the owning party's use of the facilities.
E. City and District have found that it will be to 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.
F. City and District previously entered into that certain agreement governing the
joint use of their facilities dated September 12, 1990, which was subsequently
amended on August 21, 1991 and amended and restated pursuant to that certain
agreement dated December 8, 1992. City and District also entered into that
certain Funding Agreement dated September 21, 1999, which was amended on
September 19, 2000, wherein City generally agreed to pay District $250,000
annually to provide student services and maintain its facilities (the "Funding
Agreement"). The Funding Agreement was subsequently superseded by that
certain funding agreement between City and District dated June 19, 2001, as
subsequently amended pursuant to that certain First Amendment to Agreement
No. 2893, dated July 17, 2007; that certain Second Amendment to Agreement No.
2893, dated September 16, 2008; and that certain Third Amendment to
Agreement No. 2893, dated March 23, 2011. These agreements are collectively
referred to as the "Prior Agreements."
G. 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 financial and staff support to District for purposes of
maintaining and enhancing the availability of these services.
H. 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.
1. 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 EI Segundo.
J. 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 $800,000 for fiscal year 2012-13. These in-kind services
include but are not limited to the services approximately described on Exhibit A.
K. City and District hereby seek to amend and restate the prior Agreements and add
additional properties 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: �`
4347 •
1. Term. This Agreement is for the term of ten (10) years, commencing on Sept. 19,
2012, and terminating Sept. 20,202-2 This Agreement maybe renewed or extended upon mutual
written agreement of the parties.
2. District's Use of City 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.
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 -school programs,
events or uses in the scheduling of District Facilities during periods when they are not used for
school purposes.
4. Eauinment and Personnel. Each party 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 during the terms of this Agreement
and as provided by law.
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 are necessary to maintain proper standards of conduct and safety on said facilities for all age
groups.
6. Duty to Repair. 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.
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.
4347 • --m
aj
8. 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. Citv's Indemnification. 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
party 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 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. Suns. Neither party may place any sign upon the other's property without the
owner's prior written consent. The requesting party must pay for all costs of any approved
signage and comply with all applicable sign codes and ordinances.
11. Insurance.
A. District's Dutv to 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 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. Citv's Dutv 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 Schedules. District 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.
14. Funding of District Services. In addition to any in-kind or other contributions the
City elects to provide in its sole, absolute and unfettered discretion, City must, on or before
October 1, 2012 and for each of the next three (3) years thereafter by October I, pay District
Two Hundred Fifty Thousand Dollars ($250,000) annually, for a potential total of One Million
Dollars ($1,000,000). District must use such funds for providing student services and
maintenance of facilities that serve the needs of District students and are not being funded by
other sources. In the event that City determines that it is not in City's best interest to make any
one or more of the payments required pursuant to this section (except for the first payment), City
can terminate its obligation to make such payments by giving District thirty (30) days advance
written notice of its intent to cancel its payment obligation hereunder for the fiscal year. In the
event that City determines that it will not snake a payment for a particular fiscal year, this Section
will only require payment of costs for the current fiscal year and not any prior fiscal year in
which the City decided not to make a payment.
15. Termination. Either party may terminate this Agreement at any time with or
without cause upon written notification. However, if District terminates this Agreement during
the first four (4) years of this Agreement, and City has made a payment to District pursuant to
Section 14 of this Agreement, then District shall be obligated to refund a pro -rata amount of the
annual payment made to District, if any, in the year the Agreement is terminated. Termination
will be effective thirty (30) days after receiving notification. By executing this Agreement, the
parties waive any and all claims for damages that may otherwise arise from early termination
under this section.
16. Successors and Assigns. 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.
17. Emolovees. 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 shall 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.
4347 - -41 Pow a
18. Entire Aareement. This Agreement represents the entire understanding of City
and District with respect to the subject matter herein and all prior written and oral agreements
regarding the subject matter herein are superseded by this Agreement.
19. Assianment. Neither party may assign this Agreement or any interest herein.
Any such attempted assignment will be void.
20. Ngg . 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 patty 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 trail, return receipt requested, postage prepaid,
addressed to:
District
El Segundo Unified School District
641 Sheldon Avenue
El Segundo, CA 90245
9&
City Clerk
350 Main Street
El Segundo, CA 90245
Either party may change its address for the purpose of this section by giving written
notice of the change to the other party.
21. Accentancc of Facsimile Signatures. 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 facsimile ttinsmission.
Such facsimile signature will be treated in all respects as having the some effect as an original
signature.
22. Goveinine 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.
23. 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.
24. Construction. The language of each party of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed either for
or against either patty.
25. Authority/Modification. The parties represent and warrant that all necessary
action has been taken by the parties to authorize the undersigned to execute this Agreement and
IN
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.
26. Counteroarts. This Agreement. may be executed in any number or 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.
EL SEGUNDO UNIFIED SCHOOL DISTRICT CITY OF EL SEGUNDO
By .r - B
Superintendent ,m Caul Jracosn, Mayor
Approved As To Form: Attest:
District Counsel
B
Tr ey°,Slt/,r1il1,Wcaver,,,Cit�'Y
a.
p I
Approved As To Form: *"
ro
Mark Hensley, City Attor n
7
EXHIBIT A s
crrY: orm S)EGUNDO
Ir KIND OTHER C611TRIBOTIONS TO 9010OL DISTRICT
"Projected" FISCAL -YEAR 2012-2-013
PoliceNpdrunenk
SRR
100 overtirmhours qf donated -tinitifthi Police Depart (football, proms etc)
Police DepartmeatTotal
Pie* Depariment
45 houis of donated straijbt firrie.11rom Fite Dept for football games
50 hours of donated sight time from Fire prevention
Insp6ctions (Annual Inspections, sprinklers, etc)
56;Firo Npartmon't,orriorgoopy responses
I 00'h6urs donated time,for'Worka6ility Program -Student Worker at Fire Dept.
.
Fire'Department Total
Rec*vailon, and Paris
Miinumance, ov4wation and utilities for Richmond St. School Field
MiOile=tice, preparation and utilities for Recreation Pirk Stevenson Field
Maintenance,,preparation and utilities for Recreht:16n Park S611ball Fi6ld
5 uppl ies. for U rho Saari Swim Stadium
Lifeguards for Urhq'Saari'Swim Stadium duflTigjiigh'Soh6oI Athletics
Staff for school vcnts at Teen.Center
Rental'valuefiQr Recreation Park Stcvcrtsop Field
Rental value for Recreation Park Softball Field
Rental value for. Uft, Saari Swim Stadium
-Rental value fortimpus; El Septido
Renal value $brl Recreation Paik Basiketball & Tennis Courts
Rental value for Teen Ccmcr
Recreation wpO I?U),kv 7'beal
19 Schoold Soard Meetings tot live broadcast, replays, and 2 DVD's per meeting
Graduations - ESHS, F, allArena
ES14$ Independent Studyvideo Class
FI'SeOtrndo Se I UpcotningEventPnomodon
ESHS Sports verage
Education foundation Event Promotion & Vvent Coverage:
Concerts; Plays & Miso girents. - ESHS, ESMS, Richmond St., and Contar-St
mystaff rorai
Regreation and Parks Total
Public if
Facility,lvlainteitanec for Urho Saari Swim Stadium
Chemical andp
su plies for Urho Saari SwiTh Stidium
Utilitics, - gas, water and electricity for Urho- Saari4tyirn Stadium
,Public Works7cm/
Schb6l Library Staff Salaries & Benefits
School Library Books. & Mat6r%idls
Shared Online Catalog -Updates and Maintenance
Library. Total
Fizel-god maintennnee of Q& vehicles
Total.l'n-ktild.c.dntiibtit[otis to School District
qmssinj Guards at Richmond Street, Center Street & El Segundo Middle School
Cash : co.ntib uti*k
Grand, fatal .eontribu ttotis'
U -\Budget 12.13CIty-Wide CostMln-kind School District FY 12-138128/20128:28 AM
S 1:97;«970
35 Obb
23,t,'970
1,980
5,445
1ps
13,7-5D
.37.;7.0.0.
:3J,
33,POO
1,000
N. A66
12;20.0
4,9.00
2,500
1,400
7406
600'
9,300
2,700
Z'900�
31,400
WAG.
5;500
181700
34,16"
2051W
4,506..
5.0.00
215,100
5,000
718,120
250,000
:3 1,048.120