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2300 - Garvey School District - Jess Gonzalez Sports Complex CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT JESS GONZALEZ SPORTS COMPLEX AGREEMENT THIS AGREEMENT, made and entered into as of February 5,2021,by and between the CITY OF ROSEMEAD, hereinafter called"CITY", and the GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter called"District". WHEREAS,the CITY and DISTRICT have agreed in principle that such a recreation facility and its operation is a community responsibility; and WHEREAS,the CITY and the DISTRICT intend to operate the facility jointly under the authority granted by Section 10900,et sec., of the Education Code and applicable provisions of the Government Code. NOW,THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provision of law hereinabove referred to,the parties hereto agree as follows: 1. DISTRICT agrees to make available to the CITY a certain specified area at Temple Intermediate School,hereinafter referred to as Jess Gonzalez Sports Complex for community recreation. 2. All permanent equipment erected on school property by CITY and located within the specific areas agreed upon for use,may be used for such community recreation activities, and CITY shall provide all other materials and equipment to be used in such community recreation activities. DISTRICT shall have priority use of the Jess Gonzalez Sports Complex during the regular school year on weekdays(Monday through Friday)from 8:00 a.m.—2:30 p.m. In- field maintenance will be performed by the CITY beginning 2:45 p.m.After maintenance is completed,the in-field will be closed until scheduled community recreation begins. 3. CITY shall provide all supervisory personnel for recreation activities conducted by CITY on school property. CITY shall provide worker's compensation insurance for all of its recreation personnel. 4. CITY shall be responsible for any damage to the Jess Gonzalez Sports Complex which results from any community recreation activities being conducted by CITY on school property AGREEMENT:CITY OF ROSEMEAD-Jess Gonzalez Sports Complex hereunder. The costs of repair or replacement caused by vandalism to jointly used facilities, excluding lighting, shall be shared equally by DISTRICT and CITY. 5. Upon discovery of any unusual conditions of DISTRICT facilities, CITY shall submit reports to DISTRICT. 6. Additional development may occur upon mutual consent by DISTRICT. 7. CITY shall provide for maintenance for the lighting system and ground maintenance including turf, irrigation and daily care. CITY shall also provide all maintenance personnel and materials for baseball diamond and football/soccer field preparation. CITY shall also maintain the bleachers,backstops and goalposts. 8. All permanent equipment constructed by CITY within the specific areas agreed upon for use, may be used for educational and recreational activities of DISTRICT and DISTRICT shall provide all materials and supplies to be used for such purposes. 9. DISTRICT shall provide all supervisory personnel for school-sponsored activities conducted by DISCTRICT shall provide worker's compensation insurance for all of its personnel at the Jess Gonzalez Sports Complex 10. DISTRICT shall be responsible for any damage to Jess Gonzalez Sports Complex property which result from any school-sponsored activities being conducted by DISTRICT. The costs of repair or replacement caused by vandalism to jointly used facilities, excluding lighting, shall be shared equally by DISTRICT and CITY. 11. Upon discovery of any unusual conditions,DISTRICT shall submit reports to CITY on the condition of CITY property, equipment and facilities. 12. CITY shall book and schedule the use of the Jess Gonzalez Sports Complex for community recreation activities. CITY shall use the area at such times and in such a manner so as to not interfere with DISTRICT'S use for normal school purposes which is limited to weekdays AGREEMENT:CITY OF ROSEMEAD-Jess Gonzalez Sports Complex from 8:00 a.m.to 2:30 p.m. during the regular school year. CITY agrees to make no claim of ownership or usage control over the existing buildings on the site. 13. DISTRICT will assume liability and defend and hold CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of DISTRICT officers, agents and employees occurring in the performance of the agreement to the extent that such liability is imposed on CITY by the provisions of Section 895.2 of the Government Code of the State of California. CITY will assume liability and defend and hold DISTRICT harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of this agreement to the extent that such liability is imposed on DISTRICT by the provision of Section 895.2 of the Government Code of the State of California. In addition,when liability arises pursuant to Section 830 et seq. of the Government Code,by reason of dangerous condition of public property of CITY covered by this agreement, CITY shall assume liability and defend and hold DISTRICT harmless from loss, costs or expenses arising form said dangerous condition,unless DISTRICT officers or agents created said dangerous condition. Both parties shall maintain commercial general liability insurance or a program of self- insurance providing general liability insurance to cover their respective activities with limits of liability not less than$1 million per occurrence.Each party shall provide the other with a certificate of insurance and original endorsement naming the other party as additional insured with regard to the general liability insurance prior to the commencement of the program. 14. In consideration of the CITY'S assumption of the control and its portion of the expense of the complex operation,the DISTRICT hereby agrees to furnish all water for the facility and to pay to CITY one-half of the annual facility operation costs, as herein defined.The annual facility operation costs shall exclude the cost of operation and maintenance of the lighting system. The annual facility operation costs shall include the following: Operating Costs: 1. Part-time Maintenance Personnel(50% CITY; 50%DISTRICT) 2. Consumable Supplies(50%CITY; 50%DISTRICT) AGREEMENT:CITY OF ROSEMEAD-Jess Gonzalez Sports Complex Irrigation Costs Irrigation Water(100%District) 15. The term of the Agreement shall be for five(5)years commencing on February 5,2021, provided however that this agreement may be terminated on the 30'h day of June of any year upon either party giving written notice thereof to the other not later than the 15th day of March of such year. IN WITNESS.WHEREOF,the City of Rosemead,by order of its City Council and Garvey School District,by order of its Board of Education,have caused this agreement to be executed on each party's behalf by its duly authorized officers,the day and the year first written above. CITY OF ROSEMEAD By: arinikak.,24, 1e3, MAYOR ATTEST: By: CITY CLERK GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY By: (Authorized Agent) Anita Chu District Superintendent AGREEMENT:CITY OF ROSEMEAD-Jess Gonzalez Sports Complex CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT JESS GONZALEZ SPORTS COMPLEX AGREEMENT THIS AGREEMENT, made and entered into as of February 5, 2016, by and between the Cfl'Y OF ROSEMEAD,hereinafter called"CITY',and the GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY. hereinafter called"District'. WHEREAS,the CITY and DISTRICT have agreed in principle that such a recreation facility and its operation is a community responsibility: and WHEREAS, the CITY and the DISTRICT intend to operate the facility jointly under the authority granted by Section 10900,et seq.. of the Education Code and applicable provisions of the Government Code. NOW, THEREFORE. in consideration of the covenants and conditions hereinafter set forth and pursuant to the provision of law he rein above referred to,the parties hereto agree as follows: I. DISTRICT agrees to make available to the CITY a certain specified area at Temple Intermediate School.hereinafter referred to as Jess Gonzalez Sports Complex for community recreation. 2. All permanent equipment erected on school property by CITY and located within the specific areas agreed upon for use,may he used for such community recreation activities, and CITY shall provide all other materials and equipment to be used in such community recreation activities. DISTRICT shall have priority use of the Jess Gonzalez Sports Complex during the regular school year on weekdays (Monday through Friday)from 8:00 a.m.—2:30 p.m. In- field maintenance will be performed by the CITY beginning 2:45 p.in. After maintenance is completed. the in-field will be closed until scheduled community recreation begins. 3. CITY shall provide all supervisory personnel for recreation activities conducted by CITY on school property. CITY shall provide workers compensation insurance for all of its recreation personnel. 4. CITY shall be responsible for any damage to the Jess Gonzalez Sports Complex which results from any community recreation activities being conducted by CITY on school property AGREEMENT;CITY OF ROSEMEAD-less Gonzalez Sports Complex hereunder. The costs of repair or replacement caused by vandalism to jointly used facilities, excluding lighting. shall be shared equally by DISTRICT and CII Y. 5. Upon discovery of any unusual conditions of DISIRICI facilities.CITY shall submit reports to DISTRICT. 6. Additional development may occur upon mutual consent by DISTRICT. 7. CITY Y shall provide for maintenance for the lighting system and ground maintenance including turf, irrigation and daily care. CITY shall also provide all maintenance personnel and materials for baseball diamond and football/soccer field preparation. CITY shall also maintain the bleachers. backstops and goalposts. 8. All permanent equipment constructed by CITY within the specific areas agreed upon for use. may be used for educational and recreational activities of DISTRICT and DISTRICT shall provide all materials and supplies to be used for such purposes. 9. DISTRICT shall provide all supervisory personnel for school-sponsored activities conducted by DISCIRICT shall provide worker's compensation insurance for all of its personnel at the Jess Gonzalez Sports Complex ID. DISTRICT shall be responsible for any damage to Jess Gonzalez Sports Complex property which result from any school-sponsored activities being conducted by DISTRICT. The costs of repair or replacement caused by vandalism to jointly used facilities, excluding lighting, shall he shared equally by DISTRICT T and CI FY. 1 I. Upon discovery of any unusual conditions, DISTRICT shall submit reports to CITY on the condition of CITY property, equipment and facilities. 12. CITY shall book and schedule the use of the Jess Gonzalez Sports Complex for community recreation activities. CITY shall use the area at such times and in such a manner so as to not interfere with DISTRICT'S use for normal school purposes which is limited to weekdays AGREEMENT:CITY OF ROSEMEAD less Gonzalez Sports Complex from 8:00 a.m. to 2:30 p.m. during the regular school year. CITY agrees to make no claim of ownership or usage control over the existing buildings on the site. 13. DISTRICT will assume liability and defend and hold CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of DISTRICT officers, agents and employees occurring in the performance of the agreement to the extent that such liability is imposed on CITY by the provisions of Section 895.2 of the Government Code of the State of California. CITY will assume liability and defend and hold DISTRICT harmless from loss. costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of this agreement to the extent that such liability is imposed on DISTRICT by the provision of Section 895.2 of the Government Code of the State of California. In addition,when liability arises pursuant to Section 830 et seq. of the Government Code, by reason of dangerous condition of public property of CITY covered by this agreement. CITY shall assume liability and defend and hold DISTRICT harmless from loss, costs or expenses arising form said dangerous condition, unless DISTRICT officers or agents created said dangerous condition. Both parties shall maintain commercial general liability insurance or a program of self- insurance providing general liability insurance to cover their respective activities with limits of liability not less than S I million per occurrence. Each party shall provide the other with a certillcate of insurance and original endorsement naming the other party as additional insured with regard to the general liability insurance prior to the commencement of the program. 14. In consideration of the CITY'S assumption of the control and its portion of the expense of the complex operation, the DISTRICT hereby agrees to furnish all water for the facility and to pay to CITY one-halfofthe annual facility operation costs,as herein defined. The annual facility operation costs shall exclude the cost of operation and maintenance of the lighting system.The annual facility operation costs shall include the following: Operating Costs: 1. Part-time Maintenance Personnel (50%CITY; 50% DISTRICT) 2. Consumable Supplies (50% CITY; 50% DISTRICT) AGREEMENT: ITY OF ROSEMEAD• ess Gonzalez Sports Complex Irrigation Costs Irrigation Water(100% District) 15. The term of the Agreement shall be for five(5)years commencing on February 5,2016, provided however that this agreement may be terminated on the 30th day of June of any year upon either party giving written notice thereof to the other not later than the I5'h day of March ofsuch year. IN WITNESS WHEREOF,the City of Rosemead. by order of its City Council and Garvey School District, by order of its Board of Education. have caused this agreement to be executed on each party's behalf by its duly authorized officers,the day and the year first written above. CITY OF ROSEMEAD • BY: 27.4.-7,ctu-e— -k- MAYOR ATMS'J CITY CLERK GARVEY SCHOOL DISTRICT OF LOS AN -LES COUNTY By: — (Authorized Agent) Anita Chu District Superintendent AGREEMENT:CITY OF POS EM EAD-less Gonzalez Sports Complex CALIFORNIA J • P • I • A March 16,2016 Lilian Awadalla lwadalla@garvey.k I2.ca.us Garvey School District 2730 Del Mar Avenue Rosemead,Ca 91770 Member Name: City of Rosemead Additional Protected Party: Garvey School District Activity: Use of specific area referred to as the Jess Gonzalez Sport Complex on 8471 Klingerman Avenue,Rosemead. Coverage Period: From 12:01 AM on 2/5/2016 to 11:59 PM on 6/302017 This Evidence of Coverage is issued on an annual basis and will be automatically reissued every June until expiration of the written contract. The City of Rosemead(Member) along with other California public agencies,is a member of the California Joint Powers Insurance Authority(California JPIA),and participates in the following self-insurance and commercial insurance program that is administered by the California JPIA for its members: Liability Protection Program,Including Automobile Liability Coverage Limit: $1,000,000 per occurrence Annual Aggregate Limit: 51,000,000 On behalf of the Member,the California JPIA agrees to include the above-named additional Protected Party as a Protected Party under the Memorandum of Liability Coverage for the liability protection program,subject to the above-stated limits,but only for"Occurrences"arising out of the described activity,during the described Coverage Period,and where required under the terms of a written agreement between the Member and the additional Protected Party. The California JPIA will endeavor to provide at least thirty(30)days notice of any change in the foregoing information. If the written agreement requires,coverage shall be primary. Coverage is subject to all the terms,Definitions,Exclusions,Conditions and Responsibilities of the Memorandum of Liability Coverage and the Limits of Coverage stated above. Any injury or damage caused by the sole negligence of the additional Protected Party named above is not covered. Sincerely, Jim Thyden Insurance Programs Manager cc: Ericka Hernandez,Rosemead,ehemandez@cityofrosemead.org CALIFORNIA JOINT POWERS INSURANCE AUTHORITY y;ll'l l i11i I11:T I .: A A n 1 .n r.AAi .n.. lr CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT JESS GONZALEZ SPORTS COMPLEX AGREEMENT THIS AGREEMENT, made and entered into as, August 9, 2002 by and between the CITY OF ROSEMEAD, hereinafter called "CITY", and the GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter called "DISTRICT": WHEREAS, the CITY and DISTRICT have agreed in principle that such a recreation facility and its operation is a community responsibility; and WHEREAS, the CITY and the DISTRICT intend to operate the facility jointly under the authority granted by Section 10900, of sey., of the Education Code and applicable provisions of the Government Code. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provision of law hereinabove referred to, the parties hereto agree as follows: DISTRICT agrees to make available to the CITY a certain specified area at Temple Intermediate School, hereinafter referred to as the Jess Gonzalez Sports Complex for community recreation 2. All permanent equipment erected on school properry by CITY and located within the specific areas agreed upon for use, may be used for such community recreation activities, and CITY shall provide all other materials and equipment to be used in such community recreation activities. DISTRICT shall have priority use of the Jess Gonzalez Sports Complex during the regular school year on weekdays (Monday through Friday) from 8:00 a.m. - 2:10 p.m. In-field maintenance will be performed by the CITY beginning 2:30 p.m. After maintenance is completed; the in-field will be closed until scheduled community recreation begins. CITY shall provide all supervisory personnel for recreation activities conducted by CITY on school property. CITY shall provide worker's compensation insurance for all of its recreation personnel. 4. CITY shall be responsible for any damage to the Jess Gonzalez Sports Complex which results from any community recreation activities being conducted by CITY on school property hereunder. The costs of repair or replacement caused by vandalism to jointly used facilities, excluding lighting, shall be shared equally by DISTRICT and CITY. Upon discovery of any unusual conditions of DISTRICT facilities, CITY shall submit reports to DISTRICT. 6. Additional development may occur upon consent of DISTRICT. CITY shall provide for maintenance for the lighting system and ground maintenance including turf, irrigation and daily care. CITY shall also provide all maintenance personnel and materials for baseball diamond and football/soccer field preparation. CITY shall also maintain the bleachers, backstops and goalposts. 8. All permanent equipment constructed by CITY within the specific areas agreed upon for use, may be used for educational and recreational activities of DISTRICT and DISTRCT shall provide all materials and supplies to be used for such purposes. 9. DISTRICT shall provide all supervisory personnel for school-sponsored activities conducted by DISTRICT. DISTRICT shall provide worker's compensation insurance for all of its personnel at the Jess Gonzalez Sports Complex. 10, DISTRICT shall be responsible for any damage to Jess Gonzalez Sports Complex property which results from any school-sponsored activities being conducted by DISTRICT. The costs of repair or replacement caused by vandalism to jointly used facilities, excluding lighting, shall be shared equally by DISTRICT and CITY. 11. Upon discovery of any unusual conditions, DISTRICT shall submit reports to CITY on the condition of CITY property, equipment and facilities. 12. CITY shall book and schedule the use of the Jess Gonzalez Sports Complex for community recreation activities. CITY shall use the area at such times and in such a manner so as to not interfere with DISTRICT's use for normal school purposes which is limited to weekdays from 8:00 a.m. to 2:10 p.m. during the regular school year. CITY agrees to make no claim of ownership or usage control over the existing buildings on the site. 13. DISTRICT will assume liability and defend and hold CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of DISTRICT officers, agents and employees occurring in the performance of this agreement to the extent that such liability is imposed on CITY by the provisions of Section 895.2 of the Government code of the State of California. CITY will assume liability and defend and hold DISTRICT harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of this agreement to the extent that such liability is imposed on DISTRICT by the provisions of Section 895.2 of the government Code of the State of California. In addition, when liability arises pursuant to Section 830 et sue. of the Government Code, by reason of dangerous condition of public property of CITY covered by this agreement, CITY shall assume liability and defend and hold DISTRICT harmless from loss, costs or expenses arising from said dangerous condition, unless DISTRICT officers or agents created said dangerous condition. Bode parties shall maintain commercial general liability insurance or a woeram of self- insurance providing general liability insurance to cover their respective activities with limits of liability not less than $1 million per occturence Each part-,, shall provide the other with a certificate of insurance and original endorsement natning the other party as additional insured with regard to the general liability insurance prior to the commencement of the program. 14. In consideration of the CITY's assumption of the control and its portion of the expense of the complex operation, the DISTRICT hereby agrees to furnish all water for the facility and to pay to CITY one-half of the annual facility operation costs, as herein defined. The annual facility operation costs shall exclude the cost of operation and maintenance of the lighting system. The annual facility operation costs shall include the following: Operating Costs: . 1. Part-Time Maintenance Personnel (50% City; 50% District) 2. Consumable Supplies (50% City; 50% District) Irrigation Costs: Irrigation Water (100% District) 15. The term of the Agreement shall be for three (3) years, commencing on August 9, 2002 provided, however, that this agreement may be terminated on the 30`1' day of June of any year upon either party giving written notice thereof to the other not later than the 15`h day of March of such year. IN WITNESS'ArHEREOF, the City of Rosemead, by order of its City Council and Garvey School District, by order of its Board of Education, have caused this agreement to be executed on each party's behalf by its duly authorized officers, the day and-year first written above. ATTEST: J By: C Y CLERIC GARVEY SCHOOL DISTRICT By: (Authorized Agent) SECOND AMENDMENT TO CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT FERN SCHOOL ("JESS GONZALEZ") SPORTS COMPLEX AGREEMENT WHEREAS, "CITY" and "DISTRICT" have previously entered into that certain agreement attached hereto, marked Exhibit "A" and incorporated herein by this reference; and WHEREAS, "CITY" and "DISTRICT" have previously entered into a First Amendment to the agreement attached hereto as Exhibit "A". A true and correct copy of that First Amendment is attached hereto, marked Exhibit "B" and incorporated herein by this reference; and WHEREAS, through oversight, the Agreement, by its terms, expired on August 26, 2001. Since that date, both CITY and DISTRICT have acted as if the agreement were in full force and effect; and NOW, THEREFORE, the parties hereto wish to ratify the continuing Agreement by amending the term of the Agreement as follows: 1. Paragraph 18 of the Agreement, attached hereto as Exhibit "A" is amended to read as follows: 18. The term of the Agreement shall be through August 31, 2003. Prior to that date, the parties may extend this Agreement for an additional term as agreed by the parties. 2. In all other respects, the original Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and the Garvey School District, by order of its Board of Education, have caused this second amendment to Agreement to be executed on each party's behalf by its duly authorized officers this 2002. CITY OF ROSEM Mayor G.S.D. Agreement/sb ATTEST: City C erk GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY By: Superintendent of Schools G.S.D. Agreement/sb EXHIBIT B FIRST AMENDMENT TO CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT FERN SCHOOL SPORTS COMPLEX AGREEMENT WHEREAS, "CITY" and "DISTRICT" have entered into that certain agreement attached hereto, marked Exhibit "A" and incorporated herein by this reference; and WHEREAS, after preliminary drawings and cost estimates were obtained from the project architect, the parties now wish to modify the size and scope of the project. NOW, THEREFORE, the parties Amend their agreement, attached hereto in the following respects: 1. Paragraph 3 of said agreement is hereby amended to read: "3. CITY agrees to equip the Sports Complex area with one standard baseball field complete with portable bleachers, restrooms, a maintenance facility, backstop, and one football and/or soccer field. CITY also agrees to insr_a1L a new lighting system sufficient to allow for night use of the Sports Complex. CITY shall also rehabilitate the existing parking lot and construct a new parking lot. CITY and DISTRICT shall jointly approve the plans and specifications prior to solicita- tion of bids. Where required, the plans and specifica- tions shall be submitted for approval by the Office of .he State Architect." i 2. Paragraph 16 of said agreement is hereby amended to read as follows: 1116. In consideration of the CITY's assumption of the control and its portion of the expense of the complex operation, the DISTRICT hereby agrees to furnish all water 'for the facility and to pay to CITY one-half of the annual facility operation costs, as herein defined. Such payment to be made on a fiscal year basis in four equal quarterly installments on'the first day of July, October, January and April. The annual facility operation costs shall exclude the cost of operation and maintenance of the lighting system. The annual facility operation costs shall include the.following: Personnel - 1 part-time maintenance person $ 8,500 Consumable supplies for site $ 4,000 Annual Total $ 12,500 Such costs are anticipated to increase at a rate of six percent (6Y) per year. In any year in which CITY projects an increase of greater than six percent (6%), representatives of CITY and DISTRICT shall meet and confer so as to 'reach agree-ment.on the level of shared expenditures." 3. In all other respects, the original agreement shall remain in full force and effect. a 2 IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and Garvey School District, by order of its Board of Education, have caused this first amended agree- ment to be executed on each party's behalf by its duly authorized officers, the day and year first written above. CITY D By: MAYOR ATTEST: i ~ By: CITY CLERK I hereby certify that the foregoing agreement was duly and regularly approved by the City Council of the City of Rosemead at a regular meeting thereof held on the 8th day of November, 1988, by the following vote: Yes: DeCocker, Taylor Bruesch, McDonald No: None Absent' Imperial A:st.ain: None/ CITY CLERK GARVEY SCHOOL DISTRICT OE' LOS ANGELES COUNTY By: By: SUPERINTENDENT OF SCHOOLS (Authorized Agent) 3 a uu 0 2 X LIZ 1 H ~ LLL ~j lu ~ ~ N ro n ro a o s o ~ uy : (7 ' N 2 1 Y rm v F N 1 C q ~a Z Y H ry U `l q c < ra a I I ' , f. , t , , Z I ~ , G ~ Z a i . G ~ I ,OES , O ~ O N L-] C4 Auer a CJ EXHIBIT A CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT FERN SCHOOL SPORTS COMPLEX AGREEMENT THIS AGREEMENT, made and entered into as of August 26 , 1986, by and between the CITY OF ROSEMEAD, hereinafter Called "CITY", and the GARVEY SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter called "DISTRICT": WHEREAS, the CITY and DISTRICT are desirous of developing and operating a Sports Facility Complex at Fern Elementary School; and WHEREAS, the CITY and DISTRICT have agreed in principle that such a recreation facility and its.operation is a community responsibility; and WHEREAS, the CITY and the DISTRICT intend to operate the facility jointly under the authority granted by Section 10900, et sue., of the Education Code and applicable provisions of the Government Code. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth and pursuant to the provision of law hereinabove referred to, the parties hereto agree as follows: 1. DISTRICT agrees to make available to the CITY I certain specified area at Fern Elementary School, herein- after referred to as Fern School Sports Complex for community recreation activities and development of specific sports facilities. 2. The specific area to be developed and operated for such purposes shall be the area that encompass the area identified as "Sports Complex" as set forth in Exhibit "A". 3. CITY agrees to equip the Sports Complex area with two standard baseball fields complete with portable bleachers, backstops, two football and/or soccer fields. CITY also agrees to install a new lighting-system sufficient to allow for night use of the Sports Complex. CITY shall also rehabilitate the existing parking lot and construct a new parking lot at the southwest corner. CITY and DISTRICT shall jointly approve the plans and specifications prior to solicitation of bids. Where required, the plans and specifi- cations shall be submitted for approval'by the Office of the State Architect. 4. All permanent equipment erected on school property by CITY and located within the specific areas agreed upon for use, may be used for such community recreation activities, and CITY shall provide all other materials and equipment to be used in such community recreation.activities. DISTRICT shall have priority use of the Sports Complex during the regular school year on weekdays (Monday through Friday) from 8:00 a.m. - 2:10 p.m., In-field maintenance will be performed by the CITY beginning 2:30 p.m. After maintenance` is completed, the in-Field will be closed until scheduled community recreation begins. 5. CITY shall provide all supervisory personnel for recreation activities conducted by CITY on school 2 property. CITY shall provide worker's compensation insurance for all of-its recreation personnel. 6. CITY shall be responsible for any damage to Sports Complex which results from any community recreation activities being conducted by CITY on school property here- under. The (tosts of repair or replacement caused by vandalism to jointly used facilities, excluding lighting, shall be shared equally by DISTRICT and CITY. 7. Upon discovery of any unusual conditions of DISTRICT facilities, CITY shall submit reports to DISTRICT. b. Additional development may occur upon mutual consent by both parties. 9. CITY shall provide for maintenance for the lighting system and ground maintenance including turf, irrigation and daily care. CITY shall also provide all maintenance personnel and materials for baseball diamond and football/soccer field preparation. CITY shall also maintain the bleachers, backstops and goalposts. 110. All permanent equipment constructed b_v CITY within the specific areas agreed upon for use, may be used for educational and recreational activities of DISTRICT and DISTRICT shall provide all materials and supplies to be used for such purposes. 11. DISTRICT shall provide all supervisory personnel for school-sponsored activities conducted by DISTRICT. DISTRICT shall provide worker's compensation insurance for all of its personnel at the Sports Complex. 3 12. DISTRICT shall be responsible for an17 damage to Sports Complex property which results from any sci:ool- sponsored activities being conducted by DISTRICT. The costs of repair or replacement caused by vandalism to jointly used facilities, excluding lighting, shall be shared.equally by DISTRICT and; CITY. 13. Upon discovery of any unusual conditions, DISTRICT shall submit reports to CITY on the condition of CITY property, equipment and facilities. 1,. CITY shall book and schedule the use of the sports field complex for community recreation activities. CITY shall use the area at such times and in such a manner so as to not interfere with DISTRICT's use for normal school purposes which is limited to weekdays from 8:00 a.m. to 2:10 p.m.. during the regular school year. CITY agrees to make no claim of ownership or useage control over the existing buildings on the site, which buildings are labeled 'T' and on Exhibit "A" hereto., 15. DISTRICT will assume liability and defend and hold CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of DISTRICT officers, agents and employees occurring in the performance of this agreement to the extent that such liability is imposed on CITY by the provisions of Section 895.2 of the Government Code of the State of California. CITY will assume liability and defend and hold DISTRICT harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the 4 performance of this agreement to the extent that such liability-is imposed on DISTRICT by the provisions of Section 395.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830 et sue. of the Government Code, by reason of dangerous condi- tion of public property of CITY covered by this agreement, CITY shall assume liability and defend and hold DISTRICT harmless from loss, costs or expenses arising from said dangerous condition, unless DISTRICT officers, employees or agents were negligent in not informing CITY of such dangerous condition or unless DISTRICT officers or agents created said dangerous condition. Both DISTRICT and CITY shall carry each other as additional insureds on the respective liability policies. 1:5. In consideration of the CITY's assumption of the control and its portion of the expense of the complex operation, the~DISTRICT hereby agrees to furnish all water for the facility and to pay to CITY one-half of the annual facility operation costs, as herein defined. Such payment to be made on a fiscal year basis in four equal quarterly installments on the first day of July, October, January and April. The annual facility operation costs shall exclude the cost of operation and maintenance of the lighting system. The annual facility operation costs shall include the following: 5 Personnel - 1 maintenance person (salary and benefits) $ 19,500 Consumable supplies for site $ 7,000 Annual Total $ 26,500 Such costs are anticipated to increase at a rate of six percent (67);per year. In any year in which CITY projects an increase of greater than six percent (67), representatives of CITY and DISTRICT shall meet and confer so as to reach agree- ment on the level of shared expenditures. 17. In the event this Agreement is terminated by either party or at scheduled termination, CITY shall have the option to remove any equipment purchased and installed by CITY. CITY shall be required to restore the site to its original state prior to the installation of such equipment. 18. The term of the Agreement shall be for fifteen (15) years, commencing on August 26,,1986; provided, however, that this agreement may be terminated on the 30th day of June of any year upon either party giving written notice thereof to the other not later than the 15th day of March of such year. Provided, ho,...-ever that in the event the Agreement is terminated by DISTRICT prior to the scheduled.termination on 'umist 2CL, 2001 ; DISTRICT shall pay to CITY the unamortized cost of equipment and installation for any equipment not removed by CITY, including backstops, lighting standards, transformers and storage shed. The parties hereby agree that the cost of the backstops, lighting standards, transformers and storage shed shall be amortized over a term of fifteen (15) years. DISTRICT shall pay to CITY one-fifteenth 6 (1/15th) of the total cost of equipment and installation costs attributable to equipment not removed by CITY for each year on the initial fifteen (15) year term which remains after DISTRICT's election to terminate. 19. - In the event that the site is acquired, during the term of;this agreement, by the Alhambra School District, or any successor in interest to the Alhambra School District, the DISTRICT (GARVEY SCHOOL DISTRICT) shall reimburse CITY. for all costs incurred by CITY for the design, purchase and installation of project equipment. In the event of such an acquisition by the Alhambra School District, the amortization schedule contained in paragraph 18 shall not apply and CITY shall be reimbursed for all of its incurred expenses for the design, purchase and installation of project equipment. IN WIITNESS WHEREOF, the City of.,Rosemead, by order of its City Council and Garvey School District, by order of its Board of Education, have caused this agreement to be executed on each party's behalf by its duly authorized officers, the day and year first written above. CITY OF ROSEMMEA " By: hIAYOR ATTEST: By: CITY CLERK GARVEY SCHOOL.DISTRICT OF LOS ANGELES COUNTY By: By: V , UPERi:+'LEiQDEN7 F SCHOOLS N11>1 ' (Authorized Agent) 7 J Rallr i I I ri u F u cn ~ L9 7 I n c i 0 r i i I ~ L7 ~ ' a x H H ~ n I y F N I ; ~ 7 L O m m c 1 r r t Cl ' o I N 0 o FIRST AMENDMENT TO CITY OF ROSEMEAD/GARVEY SCHOOL DISTRICT FERN SCHOOL SPORTS COMPLEX AGREEMENT WHEREAS, "CITY" and "DISTRICT" have entered into that certain agreement attached hereto, marked Exhibit "A" and incorporated herein by this reference; and WHEREAS, after preliminary drawings and cost estimates were obtained from the project architect, the parties now wish to modify the size and scope of the project. NOW, THEREFORE, the parties amend their agreement, attached hereto in the following respects: 1. Paragraph 3 of said agreement is hereby amended to read: 113. CITY agrees to equip the Sports Complex area with one standard baseball field complete with portable bleachers, restrooms,,a maintenance facility, backstop, and one football and/or soccer field. CITY also agrees to install a new lighting system sufficient to allow for night use of the Sports Complex. CITY shall also rehabilitate the existing parking lot and construct a new parking lot. CITY and DISTRICT shall jointly approve the plans and specifications prior to solicita- tion of bids. Where required, the plans and specifica- tions shall be submitted for approval by the office of the State Architect." 2. Paragraph 16 of said agreement is hereby amended to read as follows: "16. In consideration of the CITY's assumption of the control and its portion of the expense of the complex operation, the DISTRICT hereby agrees to furnish all water for the facility and to pay to CITY one-half of the annual facility operation costs, as herein defined. Such payment to be made on a fiscal year basis in four equal quarterly installments on the first day of July, October, January and April. The annual facility operation costs shall exclude the cost of operation and maintenance of the lighting system. The annual facility operation costs shall include the following: Personnel 1 part-time maintenance person $ 8,500 Consumable supplies for site S 4,000 Annual Total $ 12,500 Such costs are anticipated to increase at a rate of six percent (6q) per year. In any year in which CITY projects an increase of greater than six percent (6%), representatives of CITY and DISTRICT shall meet and confer so as to reach agree-ment on the level of shared expenditures." 3. In all other respects, the original agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the City of Rosemead, by order of its City Council and Garvey School District, by order of its Board of Education, have caused this first amended agree- ment to be executed on each party's behalf by its duly authorized officers, the day and year first written above. ATTEST.: By:- LU CITY CLERK I hereby certify that the foregoing agreement was duly and regularly approved by the City Council of the City of Rosemead at a regular meeting thereof held on the 8th day of November, 1988, by the following vote: Yes: DeCocker, Taylor Bruesch, McDonald No: None Absent; 'Imperial A`istain: ' r None m en/ Y_. CLERK GARVEY SCHOOL DISTRICT OE' LOS ANGELES COUNTY By: SUPERINPE14DENT OF SCHOOLS (Authorized Agent) 3 4^ a a U tQ O 2 X LLL 1 H O LU U to y r o v ~ z N 'O Q ~ i O CL O lu (7 v N Z_ Y w W ra U C F. I O 11'''~^ a ~C1 V y Z ry U H a c a G (6 W I ~ 1 ~ f 1 1 ~ V Z r C z U F 1 I O H a LC, ,0£S 0.lley a m 20, I I ~ - J RESOLUTION NO. 88-38 A RESOLUTION OF THE ROSEMEAD REDEVELOPMENT AGENCY OF THE CITY OF ROSEMEAD DEDICATING THE FERN SCHOOL SPORTS COMPLEX AS THE "JESS GONZALEZ SPORTS COMPLEX" WHEREAS, the Rosemead Redevelopment Agency, in conjunction with the Garvey School District, has developed the Fern School Sports Complex; and WHEREAS, in 1962, this facility was conceived by Jess Gonzalez, President and founder of the Rosemead Rebels, a Youth Football Organization; and WHEREAS, Mr. Gonzalez along with the support of his coaches, parents and members of the Community, continued to develop and improve the facility from 1962 through 1987; and WHEREAS, the Rosemead Rebel program, under the leadership of Mr. Gonzalez, promotes excellence both on the field and in the classroom; and WHEREAS, the Garvey School District, in 1975 honored Mr. Gonzalez by naming the athletic field in his honor, and earlier this month, honored him again by designating the sports complex as the "Jess Gonzalez Sports Complex." NOW, THEREFORE, be it resolved that the Rosemead Redevelopment Agency, in recognition of Mr. Gonzalez's efforts, and commitment to the Community hereby dedicates this new facility to him and those ideals he symbolizes by placement of a plaque naming it the "Jess Gonzalez Sports Complex." PASSED, APPROVED and ADOPTED this 27th, day of September, 1988. z,' ----I-hereby--c-errify at the foregoing Resolution 88-38 was duly and regularly adopted by the Redevelopment Agency of the City of Rosemead at ATTEST: an adjourned meeting thereof held on the 27th day of September, 1988, by the following vote: n Yes: DeCocker, Taylor, Bruesch, McDonald No: None 1.L et L•C~t'~.~(ii2.t--tom - - AGENCY SECRETARY Absent: Imperial Abstain: None " NCY SECRETARY Note: Check Number 0561 in the amount of $225,270.00 and payable to Homer L. Dunn Decorating, Inc. was requested to be voided and reissued in the amount of $132,870.00. The difference of $92,400.00 is for sport light poles which have been installed in possible violation of the approved standards. If the problem is resolved this difference would be on the payables of the October 11, 1988 meeting. MOTION BY AGENCYMEMBER TAYLOR, SECONDED BY AGENCYMEMBER DeCOCKER that Resolution No. 88-37 be adopted as amended. Vote resulted: Aye: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Chairman declared said motion duly carried and so ordered. Chairman Bruesch expressed concerns about the stability of the light poles should an earthquake occur. Agencymember Taylor requested a report from the manufacturer in explanation of the problem with this installation and asked for an update on the next agenda. 3. *RRA RESOLUTION NO. 88-38 - DEDICATING THE FERN SCHOOL SPORT COMPLEX AS THE "JESS GONZALEZ SPORTS COMPLEX" The following resolution was presented to the Agency for adoption: RESOLUTION NO. 88-38 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ROSEMEAD DEDICATING THE FERN SCHOOL SPORTS COMPLEX AS THE "JESS GONZALEZ SPORTS COMPLEX" MOTION BY AGENCYMEMBER TAYLOR, SECONDED BY AGENCYMEMBER DeCOCKER that Resolution No. 88-38 be adopted. Vote resulted: Aye: DeCocker, Taylor, Bruesch, McDonald No: None Absent: Imperial Abstain: None The Chairman declared said motion duly carried and so ordered. 4. ACCEPT BIDS AND AWARD CONTRACT - FALLING LEAF.AVENUE FROM GARVEY AVENUE TO GRAVES AVENUE AND FROM EMERSON PLACE TO 600' NORTH AND STORM DRAIN IMPROVEMENT IN NEWMARK AVENUE AND FALLING LEAF AVENUE MOTION BY VICE-CHAIRMAN McDONALD, SECONDED BY AGENCYMEMBER DeCOCKER that the Agency accept the bids and award the contract to Gentry Brothers in the amount of $660,088.00; waive the irregularity in the bid by Cal-Asphalt, Inc.; and authorize the Chairman to sign the contract on behalf of the Agency. Vote resulted: Aye: DeCocker, No: Taylor Absent: Imperial Abstain: None Bruesch, McDonald The Chairman declared said motion duly carried and so ordered. Agencymember Taylor stated the reason for his "NO" vote is the 28-foot width of the street instead of the adopted 36' standard. 5. CLOSED SESSION - LITIGATION The Agency met in closed session to discuss litigation entitled "Rosemead Redevelopment Agency vs. County of Los Angeles." The Agency received a report from the Agency Counsel and no.action was taken. ADJ RRA 9-27-88 Page #2