CC - Item 5D - Approval of Joint Use Agreement with Garvey School District for the Operation and Maintenance of the Jess Gonzalez Sports Complex E M
I tl> ROSEMEAD CITY COUNCIL
STAFF REPORT
MtOFPORA9
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: JEFF ALLRED, CITY MANAGER
DATE: February 23, 2016
SUBJECT: APPROVALOF JOINT USE AGREEMENT WITH THE GARVEY
SCHOOL DISTRICT FOR THE OPERATION AND MAINTENANCE OF
THE JESS GONZALEZ SPORTS COMPLEX
SUMMARY
The City Council will consider renewal of the Joint Use Agreement for the operation and
maintenance of Jess Gonzalez Sports Complex. The agreement provides for joint use
of a certain specified area at Temple Intermediate School for this purpose. The most
recent agreement between the City and the Garvey School District has expired.
Representatives from the City and the School District have worked cooperatively to
renew this agreement.
Staff Recommendation:
That the City Council authorize the Mayor to execute the agreement.
BACKGROUND/DISCUSSION
A Joint Use Agreement for Jess Gonzalez Sports Complex has existed since May 14,
1969, which provides for joint use of a portion of the Temple Intermediate School for
public park purposes as well as educational purposes. The term of the new Joint Use
Agreement shall be for five (5) years commencing on February 5, 2016; however, the
agreement may be terminated on the 30th day of June of any year upon either party
providing written notice no later than the 15th of March of such year. The use and
shared operating costs remain the same;
• The City has the use of the Jess Gonzalez Sports Complex after school and on
the weekends for community use and the City assumes the expense of these
programs.
• The District uses the Sports Complex during normal school operating hours and
assumes the expense of these programs.
• The District agrees to furnish all water for the facility and to pay one-half of the
annual facility operation costs excluding the cost of the maintenance and
ITEM NO. 5.D
City Council Meeting
February 23,2016
Page 2 of 2
operation of the lighting system.
• The City agrees to pay one-half of the annual facility operation costs and the City
pays the cost for the maintenance and operation of the lighting system.
The term of the new Joint Use Agreement shall be for five (5) years commencing on
February 5, 2016; however, the agreement may be terminated on the 30th day of June
of any year upon either party providing written notice no later than the 15th of March of
such year. The use and shared operating costs remain the same;
The complete agreement has been executed by the Garvey School District
Superintendent and is attached.
Public Notice Process
This item has been noticed through the regular agenda notification process.
Prparecg by \,y� A�
Apri L.
Interim Director of Parks & Recreation
Attachment A: City of Rosemead/Garvey School District
Jess Gonzalez Sports Complex Agreement
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 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 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 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 Spurts 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-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 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 properly
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.
I 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:Cott OF ROSEMEAWess 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 front 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 expanse 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:
I. Part-time Maintenance Personnel(50%CITY;50%DISTRICT)
2. Consumable Supplies(50%CITY;50%DISTRICT)
AGREEMENT:CM OF ROSEMEADIess Gonzalez Sports Complex
Irrigation Costs
Irrigation Water(100%District)
15, The term of the Agreement shall be for five(5)years commencing on February 5,2015,
provided however that this agreement may be terminated on the 30"'day oflune of any year
upon either party giving written notice thereof to the other not later than the 156 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:
MAYOR
ATTEST:
By:
CITY CLERK
GARVEY SCHOOL DISTRICT OF
LOS AN. LES COUNTY
By: `•
(Authorized Agent)
Anita Chu
District Superintendent
AGREEMENT;CtlY OF ROSEMEAD-less Gonzalez Sports Complex