i Community Restrooms, and BikeMlalk Path to Coyote Creek Park.

Transcription

f L
it
n
i _
To:
--
i
u
Il
Via:
p
n It
ayor
I
rt
it
ptem
r
1 ,
14 '
Ite
Gerri L. Graham- Mejia &
Members of the C6ty Council
ret M. Plumlee, City Manager
From:
Corey
Subject:
Review of the Draft Individual Joint Use Agreement for McAuliffe &
Oak Fields & Draft Master Joint Use Agreement wi#h the Los
Alamitos Unified School District & D6scussion of Future Individual
Lakin, Director
of
Recreatiorr &
Community Services
Joint Use Agreements
Su T1rYlary: This agenda item presents the Draft Individual Joint Use Agreement for'
McAuliffe Middle School Field, Oak Middle School Field, and the revised Draft Master
Joint Use Agreement between the City of Los Alamitos and the Los Alamitos Unified ,
School District. Staff is seeking theoretical approval of these three draft agreements and i
direction from the City Council on the negotiations of additional four Individual Joint Usel
Agreements for Oak Middle School sites: Gymnasium, Outdoor Basketball Courts,'
i Community Restrooms, and BikeMlalk Path to Coyote Creek Park.
Recommendation:
1.
Review, discuss, alter and theoretically approve the Draft ( ndividual Joint Use
Agreement for McAuliffe Middle School Fields;
2. Review, discuss, alter and theoretical(y approve the Draft Individual Joint Use
Agreement for Oak Middle School Fields;
2. Review, discuss, alter and theoretically approve the revised Draft Master Joint Use
Agreement; and,
3. Discuss and provide direction to Staff regarding the additional four prospective'
Individual Joint Use Agreements for Oak Middle School ( Gymnasium, Outdoor
Basketball Courts, Community Restroom & BikeNValk Path to Coyote Creek Park.
ackgrourad
Since 1974, the City of Los Alamitos and Los Alamitos Unified School District (formerly
Anaheim Union School District) have had a Joint Use Facility Agreement for one or
more School District facilities.
Draft McAuliffe & Oak Fields IJUA, MJUA& Discussion of Future IJUAs
September 15, 2014
Page 1 of 6
i
Expired Agreements Past)
Site
Term
Agreement
Revenue
Expenses
Dates
Oak Gymnasium
In
Oak Fields
25
Perpetuity
1974-
City =
1978- 2003
Field Use = 50%/ 50%
Maintenance = 100% District
Light Use = 100%
Water= 100% District
100%
Maintenance = 100% District
Utilities = 100% District
years
City
Li
McAuliffe Fields
10
years
2001- 2011
hts/ Electricit = 100% Cit
Large Field Maintenance = 85% City(
Light Use = 100%
15% District
City
arge Field Water= 50%/ 50%
Track/Track
Field
Maintenance =
100% District
Track Field Water= 100% District
Li hts/ Electricit = 100% Cit
In September 2010, the City and District updated the Master Joint Use Agreement in
order to solidify the liability and legal aspect of the Joint Use Facilities and agreed to
continue the IJUAs as is, untii they become updated over the next few years. Since
then, the Los Alamitos Unified School District and os Alamitos City Working Group has
discussed the updating of the Individual Joint Use Agreements and with the recent Field
Use and Fee Schedule updates that were implemented January 1, 2014, now is the
time to update the IJUAs.
Staff from the os Alamitos Recreation and Community Services Department and os
Alamitos Unified School District individually and jointly spent the last several rnonths
drafting and revising the Individual Joint Use Agreement for McAuliffe Middle School
Fieids. On July 21, 2014, the City Councii hosted a workshop on the Draft IJUA for
McAuliffe Fields and the Draft MJUA, with some discussion of the future IJUAs. At that
time, a future workshop was deemed necessary to further discuss the agreements and
provide direction to Staff on how to proceed with the agreements.
Discussion
The City- District Working Group met on August 26, 2014 and asked Staff to continue
moving forward with the next IJUA for Oak Middle School Field, since it looks similar to
the McAuliffe IJUA, but provides for the District to maintain that field. It was
recommended that the entire Council and Board individually review and provide
feedback on the proposed language for these two draft Individual Joint Use Agreements
and the draft revised Master Joint Use Agreement before continuing to move forward on
the other IJUAs. Below is a summary of the changes to the Draft Individual Joint Use
Agreement for McAuliffe Middle School Fields ( Attachment # 1) and Oak Middle School
Fields (Attachment # 2), and the Draft Master Joint Use Agreement (Attachment # 3) and
the overall changes that may be used for the additional IJUAs that will be drafted next.
Attachment # 4 shows an estimated net cost to the City under the proposed IJUAs, if
they are structured similarly.
Draft McAuiiffe & Oak Fields IJUA, MJUA& Discussion of Future IJUAs
September 15, 2014
Page 2 of 6
lndividua! Joint Use Apreements
Staff were tasked with rewriting the Individual Joint Use Agreements for Oak and
McAuliffe Middle School sites. In total, this includes six different locations that have
expenditures for maintenance and revenues from user groups. Before, there were only
three IJUAs ( Oak Gym, Oak Field, McAuliffe Fieid) and now three additional IJUAs will
be developed for Oak Middle School ( Community Restrooms, Outdoor Basketball
Courts, Bike/ Waik Path to Coyote Creek Park). Staff from the City and LAUSD put
together what was deemed " fair and equitable" separation of duties, maintenance, costsharing
and
revenue
collection.
This
allows
for
50%/ 50%
a
split in revenues and
expenditures, with each agency being solely responsible for the maintenance of the
fields at one site and invoicing the other for expenses and dividing the revenues. Below
is a table as above highlighting the Oak Fields and McAuliffe Fields, with the proposed
changes based on the new draft IJUAs.
Pro osed A reements
Site
Term
Agreement
Revenue
Expenses
Dates
Oak Fields
In MJUA
5
In MJUA
years
+
(
2015- 2019)
Maintenance =
Light Use = 100%
staff will maintain the fields)
City
5- yr.
possible
Water= 50%! 50%
extension
McAuliffe Fields
I
MJUA
5
In MJUA
years
possible
50%/ 50% ( District
+
(
2015- 2019)
Mainte
Light Use = 100%
will maintain the fields)
City
5- yr.
ance =
50%/ 50% (
City staff
Water= 50%/ 50%
extension
The City will maintain all of seven acres of McAuliffe Middle School Field ( large fields
and track field and track), while the District will maintain all ten acres of Oak Middle
School Fieid. The City and District will split the cost of water for all fields as well as any
large non- routine maintenance items [ that] will be discussed in advance between the
Parties before implementation when possibie" ( Section 4. 1. 2 of the IJUAs).
The additionai costs associated with the new IJUAs are:
McAuliffe
$
18, 000-$ 20,000 per year (approximately $ 1, 250 is not inc uded in the FY
14- 15 budget) for
Oak
maintenance and water for track field & track
12, 000-$ 24,000 per year ( none is budgeted in the FY 14- 15 budget) for
water
Draft Master Joint Use Aqreement
The Master Joint Use Agreement ( MJUA) houses the legal language and the broad
terms and timeline for all of the Individual Joint Use Agreements. The MJUA was
originally agreed to and signed by both entities in September, 2010. Since the MJUA is
a
five- year
agreement
with
the
possibility
of
a
five- year
extension,
staff
is
recommending renewing the MJUA at the same time as the IJUAs, so they are all on
the same timetable and are renewed together.
Draft McAuliffe & Oak Fields IJUA, MJUA& Discussio
of Future IJUAs
September 15, 2014
Page 3
of
6
A new subsection ( 7. 4) was added by the District to continue allowing "the City to utilize
District land next to Oak School which is currently being used a parking lot, sidewalks
and piay areas next to the community center as shown on Exhibit B [ of the MJUA]. The
City' s continued use is conditioned on the City being responsible for maintaining all the
improvements on the property as well as maintaining all insurance and indemnifying the
District for any claims arising from the use of the property as long as this agreement is
in place."
Additionally, a new section in the MJUA ( Section 8. 0) was added to describe the use of
the Field Capital Improvement Program (CIP) Funds collected by the City and District to
assist in providing funding for rehabilitation of the fields in the future. These " capital
direct fees ( previously referred to as the ' per head fee') wiil be co lected and maintained
in a separate account ( referred here after as the CIP Fund)" and can be used only for
large
Capital
Projects,
like
redoing
an
entire
field
( turF,
irrigation,
etc.).
The
recommendation is that the CIP Funds should accumulate a minimum balance of
500, 000 before any money is allocated to a specific project, due to the expensive
nature of such projects. Project locations will begin with ( in order):
1.
2.
Joint-Use Fields ( McAuliffe and/ or Oak Middle School Fields)
City of Los Alamitos Fields ( Laurel Park, ittle Cottonwood Park, Orville Lewis
Park)
3. District Fieids ( Elementary, Middle or High School Fields in the District)
Not alI the funds must be spent on one project and consensus must be reached by the
City Council and School Board on which project to fund for the Joint-Use fields, while
the City or the District will have final say on the projects that impact the fields each
entity owns. However, the District is stili reviewing new language in the revised Civic
Center Act that may alter the way the CIP funds are charged and collected, and since
the land is owned by the District, both the City and the District must abide by the Civic
Center Act on District property. Attachment # 2 is the Draft Master Joint Use Agreement
with the recommended language.
Future lndividual Joint Use Apr2ements
The Individual Joint Use Agreements for the Oak Gymnasium, Oak Outdoor Basketball
Courts, Oak Community Restrooms and Oak Bike/ Walking Path to Coyote Creek Park
has not been discussed in detail, but Staff would like direction from the City Council on
how to proceed.
Initial discussions have included that the City will continue to maintain the Oak
Bike/ Walking Path to Coyote Creek Park as they currently do. All expenses and
maintenance costs are paid for by the City and there are no revenues associated with
this IJUA. The Oak Community Restrooms are currently maintained by the District
during and imrnediately after school activities and the City maintains them during and
immediately after City-allocated times. The District and City both restock the restrooms
and provide custodial stafF and supplies for the restroom. It is being recommended to
continue this practice going forward. If items are found broken due to vandalism eitner
during school hours or during City- allocated hours, the responsible party will be
September 15, 2014
Page 4
of
6
accountable for repairing/ replacing the broken item( s). As repairs are needed to the
facility due to age, it is recommended that the costs associated with the repairs be
shared between the City and the District.
The Oak Outdoor Basketball Courts are mainly used by the District with only occasional
use by the City and the user group National Junior Basketball. With the minimal wear
and tear on this outdoor facility, Staff will recommend that the District cover all expenses
associated with the courts, except for the lights that the City will maintain.
The Oak Gymnasium was recently upgraded and therefore initially will need little
maintenance, other than custodial work, which both the City and the District are
responsible for during their allocated times. The gymnasium floor should be refinished
annually at a cost estimate of $4, 200- 4, 600, so if that expenditure is split between the
entities, the City would be responsibie for approximately $ 2, 200 for that project.
However, additional
costs
like
utilities
and
unforeseen
maintenance
repairs, are
unknown at this time and therefore cannot be predicted. Additionally, the revenues for
the Oak Gymnasium are currently retained entirely by the City ( approximately $ 20, 000
per year), so
dividing that revenue with the District would result in a loss of
approximately $ 10,000 annually for the City.
Fiscal Impact
The fiscai impact for the two Draft Individual Joint Use Agreements ( McAuliffe Fields
and Oak Fields) $ 30, 000-$ 45, 000 annually, mostly depending on the water costs for
both facilities and extra staff time to maintain the extra acre of turf at McAuBiffe Field.
The
water
costs ($
12, 000- 24,000)
and
fertigation ($ 1, 000- 1, 500) at McAuliffe Track
Fieid are not currently budgeted in the FY14- 15 budget. ( Since the track and track field
are in disrepair, the Public Works Department will continue to maintain those facilities as
best as they can, under the current conditions.)
There is no fiscal impact for the Master Joint Use Agreement changes, as the CIP Fees
were established
in the " Facility User
Policy
and
Procedures — Rules and Guidelines".
However, the District has indicated that the State regulations for schooi fees will be
changing and therefore will likely afFect how the CIP fees are collected in the future. The
District is still researching the regulations imposed by the State and will keep the City
informed as they decipher the policies.
The fiscal impact for the additionai IJUAs ( Oak Gymnasium, Oak Community
Restrooms, Oak Outdoor Basketball Courts, Bike/ Walk Path to Coyote Creek Park) vary
from no additional impact to a known revenue loss and expenditures increase of
approximately
$ 12, 500
for the
Gymnasium.
With
no
predicable
new ongoing
expenditures for the restrooms, outdoor courts and bikelwalk path, the variables are
within
the Oak Gymnasium
IJUA. Ranges
can
vary from $ 0 to $ 12, 500 or more,
depending on the direction provided by the City Council and the negotiations with the
District of the four Individual Joint Use Agreements.
September 15, 2014
Page 5
of
6
Submitted By:
Approved By:
f
y
Direg
Bret M. Plumlee
in
Corey,L
of
Recreation &
Community
Services
City Manager
Fiscal Impact Reviewed By:
Glenn L. Steinbrink
Interim Administrative Services Director
Attachments: 9.
Draft Master Joint Use Agreement
2. Draft McAuliffe Middle School Frelds Individual Joint Use Agreement
3. Draft Oak Midd/e School Fields Individual Joint Use Agreement
4.. MJUA & IJUA Revenue/ Expenditure Differences for City
September 15, 2014
Page 6
of
6
Attachment 1
DRAFT AS OF 9/ 9/ 14
1VIASTER JOINT-USE AGREEMENT
FOR USE OF SHARED SITES
between
City of Los Alamitos
3191 Kafslla Avenue
Los Alamitos, CA 90720
562) 43]- 3538
Los Alamitos Uuified School District
10293 Bloomfield Street
562) 799- 4700
THIS
MASTER JOINT-USC
AgreemenY') is
betwee
made as of fhe
AGR
day
EMENT
of
FOR USE OF
SHAR
D
SITES
2014 ( Lhe` Bffective Date") by and
the L,OS ALAMITOS 1JNIFIED SCHOOL DISTRICT(" DistricC"), a California public
school district duly organized and existing under Chapter I of Division 3 of Title 2 of Che
California Educarion Code and the CITY OF LOS ALAMITOS, a C lifornia chzrter city
CiYy"). Collectively, the District and the City shalL be refcrred to herein as the " Parties" and
individually as a" PaRy".
Page 1 of 19
57296-0OOIA1066103v6. doc
DRAFT A
OF 9/ 9/ 14
RECITALS
A.
California Education Code Secrion 10900 et s.
authorizes and empow rs school
districts to cooperate wifh public agencies in organizing, promoting and conducfing jaint
programs of recreation as well as educaUon.
B.
California Govemment Code Section 6500
eY
s. (
the " Joint Powers Law")
provides that two or more public agencies may, by agreement, jointly exercise any power
common to the confraeting parties.
C.
Pursuant to the Joint Powers Law, the District and the City are each public
agencies and are authorized and empowered to contract for the joint exercise of powers.
D.
The District and City wish to share with each other the use of their separaYely
owned property ( collectively " fhe Property") for the common general edueational and
recreatianal objeetives of flie eoxnmw ity and to jointly accomplish various projects related to the
improvement and use of the Property.
E'.
The purpose of this Agreement is to establish a framework seTting forth the basic
terms applicabte to the Parties' joint use of td e Property. ' I'he District and tt e Ciry aeknowledge
thaE this Agreement is being enterett into by eaeh Party, as a courtesy between public agencies
and for the mufual benefit of each.
F.
It is the desire of the Dishict and the CiLy, upon the express terms and conditions
set forth in this AgreemenY, to urilize the Individual Joint Use Agreements for the mutuat benefit
and use of eacl Party, pursuant Co tl e terms set forth herein.
NOW TI-1: REFORG, in consideration of the Parties'
performance of the promises,
covenants, and conditions sfated herein, tl e Parties hereto agree as follows:
Intenrionally Lefl Blank)
Page 2 of 19
59296-0001\ 1066103vG.doc
AGREEMENT
0. 0
DEFINITIONS. For purposes of this Agreement, the following terms nean:
0. 1
"
Annual ( ommitYee":
the oommittee created pursuant to Section 6. 0 of thie
AgreemenL.
0. 2
"
0. 3
"<
Donatiun": any gift, present, or conYribution of any monetary value, including
those from user groups, except Government Grants, received by either party that is related to a
Site or its use pursuant to any Individual Joint Use AgeemenY.
iovernmenYGrant": a monetary gra it Prom any local, state or federal
governmenTal entity.
OA "
lndividuaL Joint Use AgreemenY' or" IJUA": a y separate agreement entered into
Uy Yhe Parties to govern the joint use of a specific Site.
lA
0. 5
"
Owner": the Parcy who owns a parCicular Sife.
0. 6
"
Site": a specific properiy and iTe associated Pacilities subject to tt is Ageement.
CIVIC CENTER AC1'. The District may identify any Site it owns as a" Civic Center"
pursuant
CducaYion Code Secrion 38130
to
et
s. ("
Civic Center AcL").
Subsequent Eo
identification as a Civic CenTer, the use of any such Site musY comply with the provisions of the
Civic Center Act Co the extent Yhe property is ander the control of the DisYrict To tl e extent
permitted by] aw, and regardless of wl eTher the Site is designated as a Civic CenCer, Yhe Parties
ehaLl charge a fee for its ase, as set forth in the lndividuat Joint Use Agreements, fo organizations
or persons other fhan the Parties to cover expenses oP Yhe paRicuLar aetivity or service conductetl
on fl e Sife.
2. 0
TERM OF THE MASTER JOINT USE AGREEMENT.
commence upon the Effecrive
This AgreemenY sl all
ate, and remain in effect for five ( 5) years. The Parties may
upon mutual wriCien ageement extend the term for an addiEional fve( 5) years. Each Individual
Joint Use Agreement shall contain a separate provision setting forfh Lhe term for that IJUA.
3. 0
EARLY TERMINATION OP' AGREEMENT.
3. 1
]
n the evenY of unforeseen circwnstances, either Party may terminate this
Agreement or any or all UIlA' s upon six ( 6) months written notice to the ofher Party. For these
purposes, " unforesce circumstances" means dire flnancial co ditions for either PaiTy, City or
District loss of revenuc or funding, or Yhe tenninating Party' s need for the exclusive use of the
faciliLy or Site idenrified in the IJUA,
3. 2
Notwithstanding the foregoing, in order Eo maximize any applicable Government
Grant fund requirements, the Parties may agree to extend or otherwise waive any ternrination
right, upon mutual approval by Yhe Parties' respective governing boards However, should the
Page 3 of 19
57296-0001A1066103v6. doc
CiYy seek a grant for purposes o9' use on the District' s properiy, the City will first receive
approva] fo aeek and nse t e Grant on the District' s proper[y from Ehe District. d in- h- fta
51 e"
ia};
eet
re
e
ea
two,.
t,:
ly-f
a.- yan
e-
n-« r,.,
itr-lkat- shc,-,.,.`^
o,.«„
a,,,
rn
n .,,«--:,
rpesc^,.
n- fkE- Ra:".;,-,...'•
a,,.,..-
p- Ek'
-
tMe
s'.
r,;,-"°Pa 3
i„-,..«
ibY'', s t
Y-
4. 0
EMERGENCY NELD. Nothing in tliis Agreement or any UUA shaLl ] imit either
Ownet' s right to make unlimited use of all or any portion o1' its Sifes during an emergeney. Por
purposes of fhis Agreement, an emergency is any circumstance or event thaf tl e Owner deems to
pose an actual or potential danger to life or properry.
SA
INDLVIDUAL JOINT USE AGR
51
EMENTS.
Descriptions of each individual joint use project are seC forth in tl e IJUA' s
attached hereto as Exl ibif A. To the extent that any provision in aziy o f the IJUA' s conflicts with
any provisiou in this Agreement, this Agreement shal] prevai] unless modifications are mutually
agreed upon in each IJUA.
5. 2
Upon the effecrive date of this AgeemenP, Ehis Agreement shall govern the
following[ JUA' s and property identified tl erein:
5. 21
Individual Joint Use AgreemenT, No. 1, for tt e McAuliffe Fields.
5. 2. 2
Individual Joint Use Agreement, No. 2, Por the Oak
5. 2. 3
Individuai JoinE Use Agreement,
5. 2A
Individual Joint Use AgreemenY, No. 4, for the Oak Outdoor Basketbatl
ields
o. 3, for the Oak Gymnasium.
Courts
5. 2. 5 [ ndividual Joint Use Av.,,
reement, No. 5, for the Oak Com nw ity
Reshooms
5. 2.6
Individual Joint Use Agreement, No. 6, far the Oak BikelWalk Pat1i to
CoyoYe Creek Park
5.3
The Parties may enter into addi6onal IJUA' s, a d any such IJUA' s shall be
subject to all provisions in this Agreement as if expressLy stated in that IJUA.
6. 0
ANNUAL- C- 104fV1 1'
S's MEETING. The Parties shall estabk4s4ia-sotn
kt€g- tameef
amivally Eo discuss issues regard'u g the Sites, this Ageement, and the IJUA' s, includ'n g, buf not
limited to, scheduling, repairs, and maintenance of the Sites.
D$--
1^""`"'°°
a3kies- u.. o,,..,.,.:...,
b.
a w. ..,,
I
M
o-.,-
n.. ._,.
p
i5cd- 6f-
1—, ,
its{3ecH ve-
tt2}}}-
E.,,,..°
Page 4 of 19
sn9a 000
toeeto3
e. doc
9fr.,.
a...
et We H-{}
T„.--",.o
n:,.«_;«-&.
aperi331a„
o,
a.,.
g.----- -
o.,.
Formatted: Nobulletsornumberin9
I
a3tet 4e
Ei.fyy'14
Ek-
a-
ag ,.-,:„«
mo
w,.
ao.. .
w,. i
ao
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e iik eeerrtiaiE& @e- w 17-
t7-
0 7.
0
OWNERSHIP
OF
THE
SIT
S
FACILITY
FURNISHINGS
AND Formet.
ted: —
NO
ndedlne
EQUIPMENT.
k 7.
i Each
Owner shall
retam ts
existing
and any land, building, or mprovement existing thereon
buiiets
IJUA. No past, present, or future use of any of t6e
ownership
mterest
effectroe
as of the
eoid
Sites pursuant to
in and
to its
date of the
Sifes^;.Formansa: Fonv:
applicable
Agreement
sha11
be
equipment
installed
or
this
Formatted: 'ir dena Firs¢ une:
os",No
or
moermg interpreted as conveying any ownership or other property interests in any of the
Sites.
2_
_
trade
Personal property,_
Z 7.
fixtures,,fumishmgs,
or
Formet ed: _.F«, e:
eom placed on a Site by a Party after the effective date of the applicable IJUA shall remain
that Party' s separate
3_
Upon the
properCy. 7
eoid shall
bmiea 90
_
_
e iration
or
remove from the Site
Eermination of
an IJI1A,_the_
Party who
personal property, trade fixtures,
its
is_
not
the
furnishmgs, or equipment
or
longer by mutual agreement of the parties or else such personal property,
left__
fixhires, furnishings, or equipment shall become the sole properry of the Owner. If a
Party removes any personal property, trade fixtures,fumishings or equipment from a Site of wl ich it
is noY the Owner, tliat Party must retum to its original condition Yhat portion of the Site affected
days
Owner^.,Formaned: For r.
within Forma
" tea: t wwenc F rs
ime:
trade ornum6enng,
5",
Tabstops: .
os°,No
by such
removal. 7.
4 TLie Dist7ict aerees to conYinue to allow the Citv fo utilize Distriet Iand 1ext
to Oak Schoot which is
current beine used as parking tot sidewalks a, ndpl areas next. to tl
e communit center as sl own on xhibit B. Tl e Cit ' s continued use is conditioned on the
Citv bClRg res onsible for
all,
insurance and inderrmif
as
mainEainin all tl e iin rovemenES on Ehe ro
in the I}
istrict for
eri as weil as maintai
an claims arisina from the use of
Lhe ro
in
erf
lo as tl is aere mentis in
nlace. Pormatted: Body Text Flush
Char S:
8 8.
underline
meermy
0 PROJECT FUNIDING AND CAPITAL
joint use
set forth
of any Site is to be
1
i
the
COSTS. The
terms
under which
terms for sharmg any associated capital costs shall
ap licaUle I.
s. any CapiCal Direct Fees aec- sssd-assessed to
tiJA'
However,
funded
and the
the=-.,,.--Farmatted: No
be
rormatted: rvo`
bmiea or o
users____
rmatted: Noc n
9nu9nr will be control ed by this
MJUA+.
d
to
as
buiiets after
numbedng
1 8.,
the "
per
P Any
head
as the CIP
The
capital
fees
fee
Fund) that can
are to
wllected for
fee")
will be collected
be
be repoRed
paid to the
ihe purpose of
and
maintained
capita] direct fees(
previously
in a
separate
accounf (referred
the Goveming Board or CSty
the property being rented out fhrough fl
on regularly to
entity who
owns
referred
FOrmatted:
--{ Font: eo
here pormateea:' mdent F rst
une: o.
e
rrormatCetl: Not
eontrol ed
by
Formatted: For, t:
..=
by fhe I os
Alamitos
Formatted:
- Nor n gni
Highliqht Ose of Facilities process for which the fee was
col e ted.8.
3
&_2 alow
Facility
and
and
when Che Capital Direct Fee is
Proeedures- Rules and
eoia
User
gne Unified School DistricY Board and the CYy of Los Alamitos City
Policy
Council. Page 5 of
19
5729&0001 V 066103vb.
collected
Guidelines" as
approved
will
be
s",
rvo
Counctl , o
{
8. 3
The CIP Pund for both enYities will be maintained under the folLowing
guidelines:
8. 31 Tlie fees collected by the City and the District, will be placed into a CIP
Fund that will only be used on major field conshucriou/ upgrades. This Fund will not provide for
or be used for any ongoing maintenance or normaL repairs by either entity.
83. 2
The two CIP Funds together musf have accwnulated a combined minimwn
balance of$ 500,000 before any money is allocated W any specific projects. The Fund Balance
will be sl ared at ali CiYy- School DisCricC Working Group Meetings, at the biaanual Communiry
Sports Board Meetings, annually at a Parks, Recreation and Cultural Arts Commission meeYing
and annually during the budget process for both the City and District or as requested by City
Council or District Board of Edueation Members.
83. 3
50Q000
balance,
Once the
combined
C ty- School
CIP Fund balances have
District
reached
begin
Che
minimum .,,,-{-
Working Group may
developing
priaritizing field CIP projects. Once the minimum balance has been reached in the CIP Punds,
CIP Project suggestions will be listed and submitted to the City Manager and District
Superintendent and/ or his/ her designee in January annually in priority order by community
organizations including: the Community Sports Board, City Staff, District Staff, Parks,
RecreaLion and Cultural .4rts Commission, District Booster Clubs, Ciry Council Members, and
District Board of Education Members. City and District Staff will collect and compile the
suggestions and submit them to the Ciry-School Districf Worldng Group. The City- School
Dish ict Working Group will prioriri.,e the projeet( s) and forward a w iform recommendation to
the City Council and District Board of Educarion for approval and funding allocation.
the
and
8. 3. A C[P Projects considered for funding shouLd be u6lized in the following
order and repeated in the same order. Only by decision Hy-of both the Los Alamitos Cify Council
and Distriet Board of Fducation sNotrld- shall the order change or be altered. One or multiple
projects may take piace within a year, in consecutive years or may skip years,, depending upon
Ehe funding available, but will always follow the project order listed below:
Project# 1: Joint-Use Fields
Pro,ject# 2: City of Los Alamitos Fields
Project# 3: Disri icE Fields
8. 3. 5 Not all of the CIP Funds need to be spenY on one specific project or in any
given year. Fu 1ds can contin e to accumulate w til enough money is collected for ] arge- scale
Capita]) projects. When a Joint- Use Field projecE is on Cl e schedule,} etl- the Los Alamitos Ciry
Council and District Scl oo] Board must both agree on a project for the field, before it receives
funding for the project In the years that a Cify- owned field is ready for its project, the Los
Aiamitos CiYy Council will havea
ave tlae- final anproval of the project and in Ehe years that a
Page 6 of 19
s 29e- 000nwee os a. ao
''
POrmattetl: Not Highlight
Formattad: tnden
F rstn e
i_
_
DRAFT A5 OF 9/ 9/ 14
Dishict-owned field is ready for its project, tl e District Board of Education will have final
approva] of the project.
9: 8
9. 0
DONATIONS. All Donations
received specific to one of the
Party' s sites under-._=
by the recipient. However, if YI1B ( IOttdhOri
will in any way affect the landowner Pazty' s physical property or financially impact Yhem in any
way, then the approval, acceptance and usage of U e donation must be received from Che
landowner Party prior to acceptance of the donation.
this agreement,
9:0
l0A
shall
be
used as
deemed
appropriaTe
GOVERNMENT GRANTS.
An y-----Government
received b
--------_...Grant..........
-Y either
. _ . ._. PartY_...-
Formetted: No
aed
e
Formatted: No bulleYS or numbering
Formattea: No
oaedine
Formattea: No
aedioe
sl all be used in aecordance with the terms and provisions of that gant.
i
9
11. 0
IMPROVEMENTS.
Eitherparty may
request
to make improvements to
any Site_.-
thaf is subjecY of an IJUA between the Parties and is owned by the other Party in accordance with
the co ditions eet forth in this Section.
3-1- 1
improvements
111_
The requesting
requested- unless
Party_shall
otherwise
be
respons
determined
and
ble_for
all_costs assoctated_witl
agreed
to in writing in 3dVdnCC
any: ;.-{
I1y
'
hOtll P21YiCS.
I- 3
formattetl: Indent Pirst Iine. 0. 5", No bullers
ar numbering
13..2
The landowner
Party shall have the right Yo review and approve_all project .planning, design and construction, and shall have final approvat of all contracts and sehedutes
related to any requesLing ParCy' s improvements.
T
Y-2. 3
FOrmaned: w e: eoid
11. 3
-
-
The landowner
-
Party'
s
Governing_I3oard
must approve all
building
plans ,.._=
rorma eea. eonr. eow
Forn, a
d: For r. eaa
and construcrion plans for every requested improvement in advance.
i 4
i1. 4__ The_ tandowner Party' s Chief Executive_ must approve_ in
vendars and contractors employed by the requesting Party for improvements. -
I
F3
Yfl. S_
All
consfruchon
services
advance
for the requesting_Party improvements
shall
all,_.-{
POrmattetl: Font: eold
be,,._---
Formattea: Font: soid
performed by a properly licensed architect, engineer, contracYOr, or inspector. All eonsfruction
management services shall be provided by a Iicensed contractox, architect or engineer, and shall
comply wiEh all public works labor requirements, including the payment of prevailing wages, as
required of school districts under state law and as approved by the required State agencies.
3-1: 6
fl1. 6
A71
contractors and
subcontractors, and their employees_and
agents who ,..-
enter onto a DistricY Site for any reason or at anytime subscribed herein, shall submit or have
submitted their fingerprints, wiCliout exception, as proscribed by F,ducation Code SecYion
45125. 1. Prior to the issuance of keys to any third party, including contractors and snbcontracYOrs, the Disfrict and the Ciry shall each require said third party, eontraetor or subcontractor to acknowledge that he/ she has been informed fhat Califomia Penal Code § 469
provides that any person who" knowingly makes, duplicates, causes to be duplieated, or uses," or
atte npts to do same, or possesses any key to a public building, wiehout auYhorization and with
l owledge of Cl e lack of such autliorization, is guilty of a misdemeanor; and ThaE said third party,
contractor or sub- contractc r fvrther specifically aclmowledges tl at he/ she shall be responsible
for any such duplication or unauthoiized use of said keys, whatsoever.
Page 9 of 19
S 7296-000 t U 066103 vb.d oc
Formatted: ro r eom
1-3:9 . 12A
UTILITY COSTS.
otherwise spec
i3
121
wafer, and gas
SiCe
fied in the UUA'
shall present
invoice
must
1 3: 2
telephone
Electricity,
actuat usage
be
the
other
paid wiUtin
12 2
costs
Water,
the IJUA' s shall
Gas. Each
uld
Site in
each
Each party
to the SiYes
and
shall
shall
use of
electrical,
be
follows
shared as
unless-, -
a share oP
pay
tlie Site.
water, and
the
electrical,+-,.-
The Owner
of
gas usage and
the
"
nded ne
Formatcea: eont aad, No
be
responsible
utility bills
direcfly
be_responsible for
for
its_ sepazaCe_
use
of _.-
to the service provider.
ode u e
wrma rea: mde e eirse iioe. os^, No o iiecs
or o m
such
noq
nderrne __ .
Formattea: rronr: eoid, No
dedir
eormattedc No ur derii re
collecho i of garbage at_ its ,.--
SIteS.
I
Formanea: No
Formatted: No
shall
sucb
pay
Party
to its
proportion
Pa ty with an invoice for
thirty( 30) days of receipt.
Trash. Each Owner
123
for
Formanea: No u iieM o o meermg
Tetephone.
service provided
i-:3
for
Utihty
s.
Formatted: Fooe: eo d, No u aed, e
Pormattetl: No ur derline
1-38
13. 0
services
VIAINTENANC
for the Sites
shall
be
Cleaning,
shaced
in
repair,_ mainSenu ce,
accordance with
a
d
all
c
other
Yhe applicable provisions set
stodial -_,.-
forth in the
"
Format
d: ruo
weri
e
Formatted: No bwie s w o mne rg
UtJA' s.
I
4:0 . 1 l. 0
USE SCHEDUI.ING.
The D
City, develop_._-and admini.sYer Che scheduling for use of the Sites unless otherwise mutually agreed in the
strict shall, m conjuncEtou with the
Formattea: No undedirre
applicable INA.
5.9
15A
3
OI SIT S.
USE
Each Site
I5. 1_
Formattea: No undedine
be
shall
used
To the
purposes to the extent that such
and
community
for
maintenance,
Site,
repair, or use of the
maximum
does
wh ch
extent possible
not mterfere with
les
schedti
shall
for boU
schoolw_,,.-
the Owner s- schedules
have prionLy
over
any
"
Formatted: Fo r. eoid
Formet
or
use of
_
d: iodeoe: F rst uoe
o. s^, No b uea
umbe oq
the Site by Che Party who is not its owner, unless otherwise specified in an DUA as specified in
Section 5.
The Parties
15. 2
shall
utilize
ti
e.
Sites.
m_ conformance_witl
all
applicable,__--{
rormaetea: Fo c eom
Federal, state, and local laws, as well as any applicable admmistrafive regulations and policies
adopted by either Party.
i3:
The Parties
T53
I
shall
old
any
third party
user
who
fails to comply_ witl__.-
Fwmattea: Fonr. soid
established guideli ies] iable to pay for all damage.s caused thereby to tl e Site.
i5: 4
15.4
D
sputes u lder
this
section shall
be
resolvedpursuanC
to Sectrons 24.2 and .-
FormaHea: Fooi: eom
7A. 3 of this Agreement.
3-. s., 15.5
Advertising
on
any__SiYe
shall
be u
accordance
with
H
e
policies,...-
Fo. ma tea: Fonr. eaa
establiehed by the Owner' s governing body.
1dr.9
of
fl6. 0
any fields
F1ELD USE• PRIORITY• ALLOCATION
owned
by
fhe DistricL
shall
be
subjecC to the
PIS
S AND PL'RMITS
DistricYs Schedule
of
The
Use, and Field Scl edule, which shall be subject to annual review and revisions, unless othe wise
specified in an INA as specified in Section 5.
Page 8 of 19
57296-0001AI O6fi103v6_doc
rmatted: No undedine
use ,;-
Charges, Field
''
t-----
rrormattea: No buoets or numbenng
n
Y7. 0
INDEMNIFICATION.
17 I
employees
sl all
the
omissions on
No
be
Part
or
responsible
wrmatted: No undedme
an y_ _
of
te
officers,
for any damage
part of another
Party
under or
2
enYS,
volunteere,
or
liability
in
connection with
occurring
by
any
confractors,
or----
reason of
obligation
any acfs or
delegated to
''
FormatCetl; Font: Bold
pormaerea: mdenc Fir ci r, e
0. 5",
Nobullets
oroumbe in9
the Parties under fhis Ag eemenY. Fach Party shall indemi ify, defend and hold harmless tl e
other party, its officers, agenis, volunYeers, conYractors, and employees from any and all] iability,
loss, expense( including reasonable aYtorneys' fees and other defense costs), or claims imposed
for damages of a iy natore wl atsoever, including but not limited tq bodily injury, death, personal
injury, or property damage occun ing by reason of any acts or omissions on the paM of the Party' s
own officers, agenYS, contractors, or employees nder or in connection with any obligatirni
delegated to such Party under this Agreement. This indemnity shall survive termination of this
Agreement
37.
3
19. 2
hach
Party
agrees
To require all_third party orgamzations that it authorizes_.,-
rormattea: Forn: eow
to use or enter ti e Site to execuTe a documenY sYaring the following:
Naine
Organization] ag ees W l
harmless, defend,
indemnify Lhe Los
Alamitos Unified Scl ool DisEriet and fhe CSLy of L, os Alamitos, their respecfive
of
Board members, agents,
old
oFficers, employees
and
a----
Formatted: mdeoe: i. ere: os^, Flnt o e: o^
and represenfatives against all
acCions, claims, or demands Por injury, death, loss or damages, regardless of fault
or cause, by anyone whomsoever arising out of fhe use of or aceess to the Site
Imown as ( List Site Name:
by( List name of organization:
except where such injury, deaYh, loss, or dunage was solely due to The willfiil
acts or omissions of the Los AlamiCos Unified School District ar- or the City of
Los Ala nitos, and/ or fheir respecrive Board members, agents, officers, employees
and representatives).
17. 3
Tort
r'-,?
iabilify jointly
agreement
as
Government Code Section 895 2 imposes
Liability
upon public agencies
solely
by
defined in Government Code Section 895.
between Chemselves,
pursuant
being
reason of such public agencies
certain
tori
.--{{
parties to an ,,,{
Therefore, fhe Parties hereto,
as
'
to the authorization confained in Government Code Sections 895. 4
POrmatted: Font Bold, No underline
pprmattetl: No underline
Formetted: tndene Fo-stnne: os', No ewiets
w numnednq
and 895. 6, each assumes the full liability imposed upon it or any of its officers, agents,
representatives or employees by law for injury caused by a negligent or wrongful act or omission
occurring in the performance of this Agreement, to the same extent that such liabiliYy would be
imposed in Yhe absence of Govemmenf Code Section 895. 2. To achieve this purpose, each Pa 2y
indemnifies and holds harmless fl e other Party for any loss, cost, or expense, including
reasonable aCtorneys' fees that may be i nposed upon or incurred by suc6 other Party solely by
viriue of Govemment Code Section 895. 2.
1$: 8
fl$. Q
INSURANCE.
fl8-§
18. A
rmattetl: NOUndedine-
Pormatted: No builets w numbering
limiting
shall
tl e
General [
indemnification
provide
insurance
nsurance
and
provision and
maintam,
programs set
Requirements:
and
forCh in
shal]
this
during
require
Section.
eacl
oP
the term of this
the
IJUA'
s,
without
Agreement Yhe Parties
_.
Formattea: Fo r eom, No m,der me
'
rmatted: Indent I. eft
their
Each
Page 9 of 19
57296-0001\ 1066103v6. Aoc
For
subcontractors
Parry'
s
insurance
to
shall
mainYain,
be primary
Yhe
Eo
. ,,,,
'
mber,,,g
rbrmattea: No
derime
0 5",
No bulletr or
and not contributing with any other insurance or self-insurance progams maintained by
fhe oLher Pat2y, and shall be provided and maintained at the insured Party' s own expense.
i
Insurance Coverage_ Requirements _ For
3 . 18. 2„
shall maintain
the
following
3-$ b l-
following,
1fl. 2. 1 Qeneral
d naming the
a
progams of
Party
okher
insurance
each_of
Liability_insurance
as an addiYiona]
the IJUA' s,
each
Party _--
coverage:
Foro, attea: rvnc: eom, rvo
FOr
limits
with
of not
less than the-,.=
insured:
derur, e
nde ime
wrma rea: e«, t: eoid
Fo. ma ma: iwe T F s rne: i.u°, No
buliets w numbering
eneral
Aggregate:
10 million
Per Occurrence Limit:
a..
not
less
than $
owned,""
1
hired"
ti
18. 2. 2 Aatomobile
million
for
each
and" non- owned
Liability insurance
Such insurance
aecident
$- 5 million
vehicles, or coverage
with
shall
for" any
a
limit
melude
liability
of
coverage
for
oP+_„-all
'
wrmattea: Font: som
wrmauea: mdenc F r¢ i
e: a. zs,
No
e ne s or n mned g
auto"
4: 3:3
IS 2 3 Workers Con pensatuwn and fimployers' Liabd ty insurance.._.providing workers compensation benefits, as required by fl e State of California, and for which
Fmmettea: Font: sad
eac0 of the Parties' contractor and/ or subcontractors shall be responsible. This insurance shall
include Employers' Liability coverage with limits of not less tkian Che f'ollowing:
Each Accident:
3
insurance,
each of
and
18. 3
Ev denee
ins
or self-
the IJUA'
s.
rance,
Such
of
lilsurance:
Eacl
Party
other
Parties
satisfactory to-the
evidence shall
1 million
ideiltify
the
--{-
FOrmattea: Fonr: eoid, rvo„
'
Formattea: tnd
Individua] JoinE Ose Agreement
-
or n mner nq
prior
applicable
IeYEer
to commencing services wider
shalt provide a
Yhe required coverages, and provide Yl at the other Parties receive
written
or certi& cate of
notiee
by
mail
FOrmaeeea: No
at
d rime
c Flrsr u e: o. e°, No bmiees
ndedme
least Uvrty( 30) days in advance of cancellation for all required coverages.
I
R: 4
used,
it
15. 4
be
shall
Insurer Financial RaEings
provided
by
ui
and
insurance company
Self Insurance: If
wiih an
commercial
A.M. 6est rating
of not
insurance is ._.
Formattea: r-ooe: eoid, No untlerline
Iess than A- '--
Formattea: No
deruoe
VII, or as otherwise nmtually agreed to by the Parties. In] ieu of coimnercial insurance, each
Party sl al] retain tl e rigl t to seif-insure al7 or any portion of ies u sw ance obligaLions herein.
I
iR-9
other of
any
1&. 5.
Notification
accident or meident
of
Incidenfs
relating to
its
Claims
use of
or
Swts:
Each Pa ty
the Site pursuant to this
must notify the
Ageement, which
. =
'-{
rrormateea: Font: eom, No underune
POrmatCetl: No underllne
involves injury or propeity damage which may resulf in the filing of a claim or lawsuit against
any of the Parties, and, of any actual third party claim or lawsuit arising from or related to
services under Yhis Agreemenf.
9:d6
19. 0
NON- DISCRIMINATION.
IJiJA'
The Parties
agree that
in
provid
ng_use
of the
Sites __=
hiring of stafY; and the selection and use of volunteers, 2II p0i'90US
will be treated equally and without regard to or because of race, color, religion, ancestry, national
origin, sex, age, sexua] orientation, marita] status or disability, and in compliance with all anri-
pursuant
to tl
e
s,
the
discrimination laws of the United States of America and the State of California.
Page 10 of 19
s 29e 000nioee
os e. auc
rmateed: Ho
deruoe
Pormett2d: No bulleCS or numbering
DR4FT AS OF 9/ 4/ 14
O: dd
Z0. 0
REVIEW AND MODIFICATION PROCESS. Each Party shall designate a
representative as the contact ] iaison in connection witU any and all issues pertaining to Yhis
Agreement. The terms and conditions of tl e Ageement may be revised or atnended in writing
as may be necessary from time to time and as mutually agreed by the Parties provided that any
Formattea: NO
..--
derune
such amendment is consistent with the original intent of the Agreement.
3.$
1. 0
NOTICES.
1: 1
FOrmattetl; NOUnderllne
1, oGces shall be personally_delivered or delivered by United
reYUm receipt requested, or by reputable document
delivery service that provides a receipt showing date and time of delivery. Notices delivered by
mail shall be effective at 5: 00
p. m. on the second calendar day following dispatch. Notices
personally delivered or delivered by document delivery service shal! be effective upon receipt.
Notices sl all be delivered to the Parfies at the following addresses:
States Mail,
Notice:
postage prepaid,
To District
ceri ified,
Formattetl: Pont: Bold, No underlirie
{
Formatted: Indent: Flrs[ Iir e: .
'•, lor n mbedn9
Formattea: No ur d
iine _
Los Alamitos Unified School DistricY
Attn: DepuYy SuperinYendent
With
a
copy fo:
Te7ephone:
( 562) 799- 4700
Facsimile:
(
562) 999-0711
Afkinson, Andelson, Loya, Ruud and Romo
12800 Center Court Dr., Suite 300
CerriCOS, CA 90703
Attn: Andreas C. Chialtas, Esq.
Telephone: ( 562) 653- 3200
Facsimile: ( 562) 653- 3333
To
CiEy:
CiLy of Los AlamiYOs
3191 Katella Avenue
Los AlamiCOS, CA 90720
Attn: City Manager
TeLephone: ( 562) 4313538
Facsimile: ( 562) 493- 1255
With
a
copy to:
Cary S. Reisman_..
City AGC>rney
Wallin, Kress, Reisman& Kranifz, LLP
2800 28th St., Suite 315
Page ll aF19
57296-OOOIU066103v6. doc
Formateea: rvoc w9no9nc
5",
Nobullets
Santa Monica, CA 90405- 6201
Telepl o le: ( 310) 450- 93$? 9586
Facsimile: ( 310) 450- 0506
fl
1. 2
update ".,-
supervisory
thaY may
2^
Emergency
a'•°
be
each
Suah i
stafE
u6lized
Zb0
othe'
s
Contact. Nurnbers:
after
sformation
in the
event of a
l
ours
nust
Tl
Parties
e
will
include emergency
provide and
iuformat
contact
emergency
on
contact numbers
for
Formatted: Fooc: eom, No
penodically:,;,---
for
appropriate
=,,
facilities
'
other
Formattea: md
or o m
community emergency.
PARTY FMPLOYEF.S.
ode r e
aceea:
FO m
No dedme
1
e: Fir e r e: os^, No boners
rm9
Formatt`—
ed. N
u
der ine
Formatted: No bullets or numbering_
2, 1
33employed
m
the
Distuct
For
mployees:
performance of services
Q--u _ oses of this A reement, all p ersons _
funetions for District shall be deemed District '.--
and
employees and no DistricY employees shall be considered as an employee of the CiCy, nor shall
such
District
em P lo Y ees
have
an Y
Cit Y P ension,
Formatted: iont: Bold, No undedine
Formattea: No
dxi, e
Formatted: indene: Firse line: 0. 5",
civil service, or other status while an em P lo Y CC
No bullels
or numbering
of the District.
3
3
22. 2 _
City Hmployees: For pur} oses_oFthis Agreemeut, all persone employed m
functions for the CiYy shall be deemed Ciry employees and no
Ciry employee shall be considered as an employee of the District, nor shalt such Ciry e loyees
have any District pension, civil services, or other status while an employee of the Ciry.
:--
the performance of services and
23:8
23. 0
MISC
rormattea: Foor. eom, rvo
rmaeeea: No
LLANEOUS.
Formatted No undedine _
Formatted
3-
23. 1.
Agreement,
each
Attomeys'_ Pees;
Pariy
shalL
bear its
naerii e
r, derime
Litigation:
Ii
fees
own atYOrneys'
fhe
event
of a
dispute
under
Yhis
No bullets or numbering
f Formattetl Font: eold, No underline
and costs.
FOrmanea: mde t F r t i
e
0. 5",
No bullets
or numbering
33. 3
Use Agee
3. 2
nenY,
fl
MediaEion.
Parties
e
shall
In the
evenY
any dis
ufe
meeC and confer with
arising
the terms
under
the objective
of
resolving
of
Yhis Joint
quch
'
dispuYes ,,{
within seventy-iwo ( 72) hours of il e requesY of either Party. lf, within seven calendar days, or
such loizger period as may be agreed upon by the Parties, the dispute cannoE be resolved
by fl e
RepcesenCatives Yo the Parties' mutua] satisfaction, tl e Parties shall muCUally select a mediator,
pormanca: No
oderima
FOrmaeea: Fo t aom, no
Forma tea: rvo
dedme
dedm_
who is a respected professiona] with expertise in tl e area of the dispute, to facilitate the
resolntion of the dispuEe. [ f El e parties are unable to agree on a mediator, the mediation shall be
conducted in accordance with Lhe then current commeroial Mediation R Les of the American
Arbitration Association. Absent written agreemeni of the Parties to the contrary, Yhe mediation
process shall be completed or CerminaCed within forty-five ( 45) days of the initial request 'for
mediation.
resolve
233
29. 4
the
dispute
pursuant
statute.
each
to
For
Party
Arbitrarion
through
California Code
of
Disputes. In Yhe
mediahon,
of
the
ssues
that the Parties
shall
be
GSvil Procedure, Part 3, Title 9, § 1280
such purpose, an agreed arbitrator shall
shall
event
in dispuCe
selecY an arbitrator and
those two
be
selected, or
et;
in the
arbitrators shall seleet a
eq.,
or
to
its
to
timely
-
Formattea: rooe soid, No
arbitration
-
rormetted: No underu, e
are unable
submitted
successor
absence af agreement,-
third.
Discovery
may
be eonducted in connection wiEh Yhe arbitrakion proceeding pursuant to California Code of Civil
Page 12 oP 19
57296- 0001A1066703vG. doc
_
nded
e
Formatt d: No uweriine
Formatcea: No
r deru e
1
I
Procedure § 1283. 05.
The arbitraEOr, or three arbitraWrs acting as a board, shall Take such
evidence and make such investigation as deemed appropriaYe and shall render a writCen decision
on the matter in question. The arbitrator shali decide eacl and every dispute in accordance wiUt
the laws of the Stafe of Califomia. The arbitrator' s decieion and award shall be subjecT Co review
Por enors of fact or law in tl e Superior Court for the Counry of Orange, with a right of appeal
from any judgment issued therein.
d3: A
23. q,,
Assignment:
No
Party
shall_ assign
this
Agreement
any_ right_ or
__.-
any Party
all Parties hereto, which consent shall not be unreasonably withheld, provided tl at the assignee
agrees in a writke notice to aLl Parties W carry out and observe each appticable Party' s
'--
privilege
mighL
have
Agreement
under this
or
without the prior mutua] written consent of
Formacted: ro¢: eoid, No
rormatred: No
derti e
oa ruoe
agreements hereunder.
333
hereto
3. 5
Binding
and their respective
3. 6
33, 6
on
heirs,
Time
Heirs:.. Th
Agreement_ shall_ be
s
bmding
the Parttes ._---
upon
representatives, hansferees, successors, and assigns.
of f1 e
Time is
Fssence:
rbrmatcea: No uodedine
of tlie essence with respect to each of fl e_..-
tenns, covenanis, and conditions of this Agreement.
33
competent
3. 7
f any
Severability: ]
jurisdiction to be invalid,
or
wrmatted: Fooe eoid, No
Formee
in
provision
void,
Formatced: Font eoid, No undedine
is held
this AgreemenY
unenforceable,
the remaining
by
a_ court_ of _..
proviaions
wil]
"-
d: No
rormatmd: woe: eom, No,
o,mattea: No
nderiine
odedi e ___
ded, e
deru
nevertheless conTinue in full force without being impaired or invalidafed in atiy way.
I
33R
incorporates
23. 8
all
of
Entire
the
Ag
terms
eement,
and
Waivers
conditions
and
mentioned
Amendments:
herein,
or
This
t#greemenC
incidental hereto,
--
and
'
FOrmatCetl: Pont Boid, No underline
Formattea: No underiirie
supersedes all negotiations and previous agreements befween the Parties wifh respecY Co all or
part of the subjecf tnatter thereo£ All waivers of the provisions of this Agreement musf be in
writing and signed by the appropriate authorities of the Party to be charged. A ry amendment or
modi5cation to this Ag eement must be in writing and executed by all of the Parties hereto.
I
3: 9
ibits.
23. 9
All
exhibits
deemed incocporated in Yhis Agreement,
3 19
Z3. 10lnterpreEation:
according to its fair meaning
and as
and
attachments
whether or noT
Governing
if prepared
actually
Law;__ This
by
ich
fo wl
reference
s
made
are ..-{
attached.
Agreement
FOrmaned:
o t: eom No underline
Formateea: No
shall
be
wns
bofh Parties hereto. This Agreemenf
ved,-
shall
be ``
ndero e
ormateea: FOnaeom, NOUnderune
ormattea: No unaedme
construed in accordanee with the laws of ffie Sffite of California in effect at the rime of the
execution of this Agreement.
T?.,, ,
23• 11
Parties hereto
Authority:_
Theperson( s)_ executing this_ Agreement
That: - ( i) such
is
on
behalf
existing, ( ii) they
of
the ._..=
Parry
duly
duly 'authorized Eo execuCe and deliver this Agreement on behalf of said Party; ( iii) by so executing
ti is Ageement, such Party is formally bound to the provisions of tLiis Agreement; and ( iv) the
entering into this Agreement does not violaYe any provision of any oYher ageement fo which said
warranC
organized
and
are
Formatted: FOOeeom, NO
rorm, tc d: ruo
xr e
r, d ruoe
Party is bowid.
3 3counterparts,
z3• IZ
and
all
Execution in Counterpart _ Tl is_ Agreement_may_be_executed in
such exeeuted
comiterparts
shall
Page 13 of 19
57296- OOOtV066101v6. doc
constitute one
agreement
binding
seve al _.on alI
'"-
Formatted: FOne: som, NOUnderline
Formatted: No underiine
Parties hereto, notwithstanding that all parties are not signaTOries to the original or the same
countecpart.
3: 3-3 23. 13 Effect
correcY,
are
of
Recitals The Recitals
hereby incorporated into
this Agreement
and
as
Extubrt( s) herein
though
fully
set
are
deemed frue
forth herein,
and
and _--
the '-
vorma red: Fo n som, No
Formatted: No
nderim
oaed oe
Pa ties acknowledge and agree tl at they are each bound by fhe same.
71
5./. .
1,4 Co» flicts
or employee oP
3 3P
any
Pariy
315
S
se bstan dPart
Y
Y
of
Interest:
mYerest,
are
officer, official
direct
or
Cumulative:
ind
representatroe, agent_
Except
o oneor more ofits
ri8at
or remedies shall not
..-
in this Agreemeilt.
rect
as
may_ be_
P,h
8'
Y
No dirutor,
have any financial
Rights_ and Remedies
Y
exere
shall
the
P reclude
otherwise ..-
the 'eaxerci,enbY
Formaned: Fo a eom, no u ded ne
FOrmatted: No underMe
__
Formatted: Fooe: aow, no
r, ded
e
oded
e
Formattea
No
nded rre
i
at the same time or at different times, of any other rights or remedies for the same default or any
other default by another Party or Parties.
g3: 1( r
3.
1G Provisions Required by Law Deemed Inserted:
by law to be inserted in this Agreement shall
of] aw and clause required
ach and
provision
every
be deemed to be inserted
..--
-
Formaeeea: Fo e: smd, No
Formattea: No
ndedme
herein and U e Ag eement shall be read and enforced as though it were included herein, a» d if
ttuougil misfake or oCherwise any such provision ie noY inserted, or is not correctly inserted, then
upon application of any Pariy the Agr-eement shall forChwith be physieally a nended Eo make
sucH insertion or correction.
33:&
documents
3. 17Cooperation: The Parties aclrnowledge thaY it may be necessary to execuEe
other tban
those specificatly
rePerred to
herev in
order
to
complete
the objeetives and
—
lrormatted: Font eold, No undedine
ipormauea: no ded ne
'
requiremenYS Yhat are set out in this Agreement The Parties hereby agee to cooperate witl each
other by execuUng such other documenYS or taking sueh other acfions as may be reasonably
necessary Yo complete the objectives and requirements set forth i erein in accordance with the
infenY of the Parties as evideneed in this Agreement.
Hr
that any
Z3. 1R
ambiguity
Ambiguities Not_to_be Construed Against. Draftmg
conYamed
in
a eontract shall
be
construed agamst
Party: '
the party
I`l
e
doctrine
whose counsel. has
Formetted: Font Bold, No
--
underline
wrmatted: rvo uoaerrne
drafled the contract is expressly waived by each of the Parties I ereto with respect to tl is
Agreement.
33: 29
23• 1g Nonliability
represenCative of Che
Parties
shall
of
Officials:
No
officer,
be personaily liable for any
member,
amounts
employee, . agent,_ or ....--
due 6ereunder,
and no
--
Formatted: Fo, c: eom, No,
rrormattea: No
ded, e_
r, d ri
judgment or execution thereon entered in any acCion hereon, shal] be personaliy enforced against
any suoh officer, official, member, employee, agenY, or representative.
3. 20
to confer any
rig9
ts
Third
upon
Party Beneficiaries: NoYhing in
any party
not
Yhis Agreement
signatory to ihis Agreement.
sl ali
be
construed ,.=
wrmatted: Fonc: eoid, No
Pormattea: No
dedme
odedine
Formatted:_BOdyTextFlushChar
Page 14 of 19
57296- 0001A1066103v6_doc
IN WITNESS WHF,REOF, I,os Alamitos Unified School Disfrict and the City of Los
AlamiWS have entered into Yhis Agreement as of the SPfective Date.
LOS ALAMI7'OS UNIPIED SCHOOL
C7TY OP LOS ALAMITOS,
DISTRICT,
a Ctilifornia charter city
a Catifornia public school district
I3y:
By:
Patricia L. Meyer;
Deputy
BreY M. Plumie
Superintendent
City Manager
Attest:
Attest:
By:
NANE, TSTLEJ
By:
Windmera Quintanar, CMC,-
Approved
as
City Clerk
to Form:
Approved ae Yo Ponn:
By:
Andreas C. Chialtas,
Atkinson, ,A
ldelson,
Rudd&
Esq.
L, oya,
Cary S. Reisman, F,sa.
Romo
Cify Attorney
Page ] 5 of 19
57296-0001\ 1066703v6.doc
Forma rea
rea: cQOtered
By
EXHIBIT `°A"
INDIVTDUAL JOINT US
AGREEMENTS
Individual Joint Use Agreement, No. I, for tl
e
McAuliffe fields.
Formaec d_
Fe
Date of Adoption:
Individual JoinY Use Agreement, No. 2, for the Oak FieLds.
Date of Adoption:
ndividua] Joint Cse Agree nent, No. 3, for d e Oak Gymnasium.
Date of Adoption:
dividual Joint Use Agreement No. 4, for the Oak Outdoor Basketball Courts.
Date
of
.:-
Adoption:
Formatted: Noe Hr niignr
Formattea:
efr
Individual Joint Use AgeemenY, No. 5, for the Oak Community Restrooms. .
Date
of
Adoption:
a------{
Formatted: Left
Individual Joint Use Ageemeni, No. 6, for Che Oak Bike/ Walk Path to Coyote
Creek Park.
Date
of
Adoption:
For, natted:
efe
Formattetl: eody Text Flush Chaq Cenreretl,
Indent_ Left: 0'_ Tab stops: Not ai 1. 5"
Page 16 of 19
57296- OOOlVOfi6103v6, doc
EXI3I
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u_
aaens rro e is Pt, eam ---
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Formatted: Font: Boid
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w
ti „
FormatCetl: 8ody Tea2 Piush Char, Ceneered,
IMknt: Left ",
Page 19 of 19
57296- 0001\ 106fil 03 vb.doc
Tab stops: No[ at 1. 5"
I
l1YHdLEA
f4iT_^99)
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Pormatted: Font 16 pt, Bold
8€"'8 . !
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Formattetl: Body TeM Flush Char, Centered,
Irident: Lefh. 0", Tab stops_ NOt at 1. 5"
Page 18 of 19
s z9- oom ioeeios e. ao
I
DRAF'T AS OF 9/ 9/ 14
F
3TI3' T <`_ 3>'
Formatted: font: 16 pt, Bold
s"`,
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r c*.
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Page 19 of 19
S729G- 0001A70G6103v6. doc
„. :
:
Attachment 2
DRAFT AS OF
9/ 9/ 14
F°""a`°`°'`
INDIVIDUAL JOINT-USE AGREEMENT
FOR MCAULIFFE iVIIDDLE SCHOOL FTELDS
between
Los Alamitos Unified School District
10293 Bloomfeld Street
562) 799- 4700
3191 Katella Avenue
562} 431- 3538
THIS INDIVIDUAL JOINT- USE AGREEMENT ( IJUA) for the use of McAuliffe Middle
School Fields (" McAuliffe Fieid AgrcemenY') is
e
tered
into this
day
of
_,
by and
between Yhe i,05 ALAMITOS iJNIFIED SCHOOL UISTRICT, a Califomia public school
districf duly organized and exisring under Chapter I of Division 3 of Title 2 of the Educarion
Code of f} ie SCate o F Calif'ornia (" DistrieY"), and the CITY OF LOS ALAMITOS, a Califomia
Municipal C,orporation(" City")( collect ively, the I) isCricY and the CiLy shall be referrecl to herein
as the" Parties" and
individually as a" Party").
fe
e""``
s`
h
I
DRAFT AS OF 9/
9/ 14
RECITALS
A.
W F HREAS, the City is charged with the responsibiliYy of providing public facilities for
the purpose of] eisure rime and recreation activities and health enrichment for general
public wellness and fitness; and
B.
WHF,REAS, tl e District is dedicated to a culture of ] igl
st dent achievemenY and
integrity, where students thrive in a caring, respeeiful, and encouraging endvonment
where they are physically and emotionally safe to focus on leaming; and
C.
WHER AS, the CiCy is currenYly in need of green space for Ieisure and recreation
activiries and the Pariies desire to work togeEher Co support the community; and
D.
WHEREAS, the Parties have mutual interest in the accomp] ishmenY of Yhe following
goals:
1.
'
Po provide wholeeome, high-q ality sporfs progamming for youY1 and adults
alike; and
2.
To provide a comperifive high schoo] sports progam to meeT tl e recreaEion needs
oFthe weeununiCy; and
3.
To ensure that children of all economic levels are provided with the opportuniry
Co enjoy and have awess to aChletic progams and proper facilities; antl
4.
7' o ensure that operation of the community' s recreation progam is operated in Che
most responsible, cost- effective and efficient manner possible, and
E.
WH REAS, the Parties wish to enter into an agreement to accommodate tl e City' s use
oP the DistricYs fields (" McAuliffe Fields") on property owned by the Los Aiamitos
Unified Schoo] District at its McAuliffe Middle Sehool, ] oeated at 4112 Cerritos
Stw EAvenue, Los Alamitos, CA 90720, a deseription of which is set forth in Exhibit" A"
of this McAuliffe P'ield Agreement and incorporated herein by this referenee; and
I'.
WHLRP,AS, the Pari ies have mutually agreed Yhat this McAuliffe Field Agreement is
subject to the Master JoinC Use F greement Fox lise of Shared Sites beYween the Parties
dated_(
L^'Ill in the date)
(
Che" Master 7oint Use AgreemenN') which is set forth as
fixhibit B;
metted; CenYered
2of12
DRAFT AS OF 9/
9/ 14
AGREEMENT
NOW THEREPORE, in consideration of the Parties' performance of fhe promises, covenants,
a d conditions sfated herein, the Pa 2ies l ereto agee as follows:
I. 0
CONTROLLING AGREEMENT. Tl is McAulif£e Field Agreement is an Individual 7oint
Use Agreemenf as fhat Serm is defined in the MasSer Joint Use Ag['eement and is subject
to all tenns and condi6ons set forth therein. In the evevt that any provision in this
McAuliffe Field Agreement conflicfs with the Master Joint Use AgreemenE, Ehe Master
JoinC Use AgreemenL shall prevail.
2. 0
TERM OF AGRELMENT. Tbe duraCion of this McAuliffe Field Agreement shall align
wikh fhe term as the Master Joint Uee Agreement which is set fortb as Exhibit B. Either
Party may terminate Uiis IJUA for cl e McAuliffe Field Agreement, without cause, upon
provicling written notice of termination to fhe other Party not less than six months prior to
the effcetive date of termination. The termination of this 1JUA does not affect either the
Master Joint Use Agreement or any other existing IJUAs.
3. 0
PURPOSE. The purpose o F this Agreement is to provide for the ParCies' cooperetive use
and scheduling of the Mcrluliffe Fields, as wel] as the sharing of costs for the operafions
and mainCenance of the McAuliPfe Fietds.
4. 0
FIELD MAINTENANCL. REPAIR AND UTIL7TIES.
4. 1
Definitions.
4. 1. 1 "
Urilities" are defined as a company who provides services tt>the DisYricY
or City ai d provides a defined invoice for services on an ongoing basis.
USiliries include:
Water
Ferfigation
Pest Contro]
Tree Trimming
Trash Hauli
e
E]echiciYy ( 100% of electriciLy paid for by t1 e City, since Ciry owns
the field lights)
Additional urilities may be included, but must be mutually agreed upon by
the District and City.
41. 2 "
Large Nonxoutine
maintenance
contractual
discussed
costs
service.
in
Maintenailce
fhat
Costs"
exceed $ 1, 500
large
non- routine
advance between
are
in
de5ned
supplies,
maintenance
Parties before
as
non-routine
maintenanee
items
implemenYaLion
possible. Lxamples may be, but are not limited to:
Emergency Repairs
e I.aser Leveling
Sod Por areas oP gcass that wik}-are not growing well with seed
3
of
12
will
or
be
when
Formattetl: Gentered
DRAFT AS OF 9b/ 9/ 14
o
ConEracEOr Eo repair irrigation units that internal staff cannof do
Large non- routine maintenance costs will be divided equally beYween the Cify a d
I7isYrict in July annually, based upon muNal agreemenL of the need for the
maintenance.
4. 13 " Routine Maintenarxe" is defined as daily, weekly, monthly, quarterty, biannual or annual maintenance including but not limited to:
Mowing
Aerating
Top Dressing
Irrigation Repa irs/Sprinkler Head Replaoement
Feitilization
Seeding
Vacuuming
DethaYChing
Verticutting
Trash( perso mel)
Track Maintenance
4. 2
District. The Disfrict shall be responsible for one- half of ali utiliry coste and onehalf of alllarge non-routine mainEenance costs of the McAuliffe Fields.
43
C.
The City shall be responsibie for maintaining and repairing all of McAuliffe
Fields to the highest standard possible with Yhe currenT condirions of the fields,
based on recommcndations from the 2007 PRZ Report. It was determined that
Level 3 is the desired level of fieLd condition, if it can be obfr+ ed- reasonablv
attaii ed at eaeh individual field, based on pre- existing condirions at each field.
Phe CiCy shall be fina cially responsibte for one- half of all ufility costs( 100% of
e( ectricity) and one-half of all large non- rouHne rnaintenance costs of the
MeAuliffe Fields. The CiLy will be responsible Por 100% of the materials, supplies
and labor associated wiEh routine maintenance. The City will be responsible for
100% of the light maintenance and repairs.
4A
Caroital Imnrovement Pro ram. For major repairs and/ or capital improvements
improvemenfs that cost hundreds of thousands of dollars or more), the Parties
shall follow the guidelines of the PROJECT FUNDING AND CAPITAL COSTS
Section 8. 0 of the Master JoinT Use Agreement) and be paid £or- with the CIP
Fund( s).
4. 5
Use of tl c roremises City and DisYrict shall respect all users of the McAuliffe
Fields by requiring employees, participants, studenYS, and Users Groups to piek up
after themselves and leave the premises ui good condition. [ f flie City, DistricY, or
User Groups fail to appropriately use the field( s) a id clean up afier themselves
and any destrucrion/ damage/etc. occurs, it shall be the responsibiliCy of Che City to
make
any
repairs that will
be funded based
4of12
on the
description below:
ormattea: c
r rm
__
I
DRAFT AS OF 9/
4. 51
9/ 14
Reimbursement. Repairs/Replacement and any addifional cleanup will be
done and paid for by tlie City and reimbursed based on tl e following:
e (,}
ty, k,(] pdy for costs arisine out of City-operafed programs
User Groups will reimburse the City for costs arisine out of User
Group proerams
Disfrict will rei nburse the City Por costs a isine ouY of District
pro
ams
r
Formatted: Indent Left:
a
A. 52
Heavv Equiroment. When heavy
elA— for
repairs
or
equipment
is
mainteuance ( i. e.
required
to
irrigation
be
0"'""
utilized
repairs,
i13e
"
9—
Light
replacemenf, etc.), Pardes will coordinate schedules and neecis in order to
reduce the impact on the field. MitigaYion measures ivi 41- mav_inelude
reducing irrigation leading up to the impact, marking irrigation valves, use
of plywood ar other materials to disperse weight from vehicles, etc.
4. 6
[
nsnection. Pach Party shall periodically inspecf the MeAuliffe Fields for
dangerous conditions. if such inspection reveals any dangeroas eondifions, that
ParCy shalt ( 1) prompLly notify the other Parry of the existence of the condifion;
and ( 2) refrain from using any porCions of_the McAuliffe Fields affected by the
dangeroas condirion w Ul it is correcYed. The Ciry, in accordance with Distriet
regulations, shall post adaquate warning signs on the property and make any
necessary repairs. Funding for tl e reparrs will follow the Reimbwsement model
list in 4. 51 hereof.
5. 0
MCAULIFFE FIELD USE AVD SCHEDULING. The City shall be allowed to use the
McAuliffe Fields for Ciry purposes a id allow User Groups Co rent Ehe McAuliffe Fields
in aceordance with U e " Faeilify User Poliey and Procedw'es - Rules and Guidelines",
subject to this McAuliffe Field Agreement The Parties shall each act in good fziHi Yo
accommodate use of tl e MeAuliffe Fields by tl e other Party in accordance with Che tenns
of tltis agreement The Parties, specifically the Los Alamitos Cify Manager and the
DistricYs Deputy Superinfendent or their designees, shaJl meet on, at least, an a mnal
basis to establish tl e schedule for tl e Use of the McAuliffe Fields. flxhibit C is an
example of a model rime schedule.
5. 1.
McAuliffe Fie( d Closures bv Che DisErict. The DisCricE may close N a McAuliffe
Fields to use by the publiq tl e City, or anyone else, wiU advance notice Co the
City and for reasonable cause. Closures will be kept to a minimam when £h€- 2
McAuliffe Fielda is in usable condition. When closure of the field is necessazy,
the Disffict shall follow proper procedures for noticing the closure to the public.
Reasons T'or the closure of the McAuliffe Fields may include, but are not limited
to, thefollowing:
5. L 1
Any condition posing a fhreaY to the public health and/ or sa.'PeEy, including
but not limited to, rains, weather conditions, dense fog, smog alerts,
pesticide spraying, herbicide spraying, and natural disasters.
Pottnatted Centered
Sof12
175",
No bulletr or
5. 12
Scheduled
or
unscl eduled
maintenance,
repair,
renovation
and/ or
improvemenY to the field with advance approval from the CiYy.
5. 2
McAuliffe Field Closures by Yhe Citv. The Ciry may close t4 a McAuliffe Field
to ase by the DisCrict, the publiq or anyone else with advance notice and approval
from the District. When closure of the field is necessary, tl e City shall follow
proper District proeedures for noricing the closure to Yhe public. Closures may
occur for any of the following reasons:
52. 1
5. 2. 2
Any condition posing a tLu eat to the public health a id/ or safety, including
buY not limited to, rains, weather conditions, dense fog, smog alerts,
pesticide s}rzaying, herbicide spraying and natural disasters.
Seheduled
or
unscheduled
maintenanee,
repair,
renovation
and/ or
improvement to the field witli advance norificarion to the Distriet.
52. 3
53
Annual field rehabilitarion( a confinuous 12- week period, once per yeau)
ExroendiYUres. The expendihves for the maintenance and repairs of McAuliffe are
specified in SecCions 4. 2 and 4.3 above.
5. 4
Revenues.
5. 41
Revemies Collected bv the CiTy. The revenues collected from non- City
and non- District User Groups will be collected by the City. On half of
the revenues collected throughout the fiscal yea ( July 7 June 30)
annually, will be distributed to the District by El e Gty in August each
year.
5. 4.2
Revenues CollecCed by the District. One- half of reve ues eollected by the
District for faciliCy renYals during " District allotted time" througl ovt the
fiscal year ( July I - June 30) annually, will be distributed to the City by
the Diskict in August each year.
5. 4. 1
Revenue NoY Shared. Revenues tl at wiLl be coLlecfed by eacl Party
separately and not shared include:
SEaf'fing Cos1:s
Pennit Processing Fees
Repair Fees - repairs made to the field or ameniCies related to damage
caused by using the field or field amenities( parking lot, fencing, goals,
lighES, etc.) will be billed to User Group by the Ciry or tl e District
direcfly, based on the actual cost of repairs ( supplies, materials and
labor),
Pormatted: CenCered
60f12
a
D
m
rT as oF g i 9n4
Pass- through Cosfs- fees that are charged Eo a User or entity and spent
due to that entity' s usage ( 6e.g Security htred by flie City for a User
Group's rentaL with costs reimbursed to the City by the User Group)
Forma@ed: Indent Left: iJ5", No bulle
Elecfical CosYS-
100%
of
Lt e light usage fees will be retained
by
the
°
amber1og
—
City, wbich pays 100% of the electrica7 usage for the IighTs
IN W[TNESS WHEREOF, Los Alamitos Unified School District and the City of Los AlamiEOs
have entered inEO Yttis McAuliffe Field Agreement as of the Effecfive Date.
CITY OF LOS AI,AMITOS,
a
LOS ALAMITOS UNIPIED SCHOOL
California Charter Ciry
DISTRICT, a Califoinia public school
dishict
By:
By:
Bret M. Plumlee;
l
es-ft}a3
jtc
CiYy
s-
Patricia L. Meyer,
Manager
Deputy
Formetted: cernered
Superintendent
Formattea: centered
ATTESTED:
By:
Windy
Quintanar,
CMG
Formattea: c. oeered
City Clerk
APPROVED AS TO FORM:
By:
By:
Cary
S_ Reisman,
Andreas C. Chialtas,
Esq_
City Attorney
Esq.
Atkinson, Andelson, I,oya, Ruud,&
1
"
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DRAFT AS OF 9/
9/ 14
McAUUFFE FIELD P7AP LEGEND
O
LIGHTTOWER
E
ENTRANCE GA7E TO McAULIfFE FIELD
GTY OF LOS ALAMITOS IRRIGATION CONTROLS
LOS AtAMITOS UNIFIED SCHOOL DISTRICT IRRIGATION CONTROLS
ELECTRICAi. BOX( LIGHT TOWER CONTROL& SOUTHERN CA EDISON)
r
McAUIIFFE FlELD BOUNDARY LINES
Pormattetl_Centered_ _
IOPI2
I
DRAFT AS OF 9b1 9/ 14
Exl ibit B
Master Joint L'se Agreement
Pormattetl: Centered
lo
of
iz
J
I
EXHIBIT C
Annual McAuliffe Fielda Schedule
Parties to meet and update annualty)
2014- 2015
Fall Seaeon— AugnaY 25(,: 201rt— November 23, 2014
Las Alamitos Unified
City
of
Mondaytlirou h Frida : 7: OOam-
Los Alamitos
4: OOpm
Monday fhrough Friday: 4: OOpm- 11: OOpm
Saturday/ Sunday: 7: OOam— 11: 00 m
Winter Season-- November 24, 2014— February 15, 2015 ( 12 weeks)
I
I.os Alamitos Unified
Winter Maintenance Rehab
Winter Maintenance Rehab
Spring Season-- February 1G, 2014- May 22, 2A15
i
Los Alamitos Unified
CiTy
of
Monda Ctuough Friday: 7: 00- 4:30pm
Monday throu h Friday: 4: 30pm- ]. 1: OOpm
Los Alamitos
SaYUrday/ Sunday;
i
7: OOam— 1 I: OOpm
I
Summer Season( School in aession)— May 23, 2015— June ll,2015
Monday through Friday: 7: OOam— 4: OOpm
Monday through Friday: 4:00 - ll:OOpm
City of I,os Alamitos
I
Saturday/ Sunday; 7: OOam— 11: OOpm
Summer Season— June 12, 2015— August 31, 2015
I
City
of
Los Alamitos
ISunday clu u SaYUrday_ 7: OOam— 11: OOpm
Additional Days/ Nights of Use given priority to District( Maximum of 10 dates per year):
Back to School Night
Open House
I - School camival— Friday, ai d Saturday
CIF Playoffs
I - 5`h Grade/ Sth Grade Promotia/ Awards Ceremonies
F r
etCetl:Center2d
11
of
12
DRAFT AS OF 9/
9/ 14
Can D LAF.
FOrmatted Centere
12 UP 12
Attachment 3
INDIVII) UAL JOINTUSE AGI2EEMENT
FOl OAK MIDDLE SCHOOL FIELDS
between
Los Alamitos Unified School District
562) 799- 4700
3191 Katella Avenue
Los Alainitos, CA 90720
562) 431- 3538
THIS 1NDIVIDUAL JOINT- USE AGREEMENT ( LTiJA) for the use of Oak Middle School
Fields (" Oak Field Agreement") is entered into this
day of
by and between the I,OS
ALAMITOS IJNIF7ED SCHOOL DISTRICT, a California public school district duly organized
and existing under Chaptcr 1 of Division 3 of Title 2 of the Educarion Code of the State of
California (" District"), and the CITY OF LOS ALAMITOS, a California Mmiicipal Corporation
City") ( collecrively, the District and the City shall be referred to herein as the " Parties' and
individually as a" Party").
RECITALS
A.
WHEREAS, the City is charged with the responsibiliry of providing public facilities far
the purpose of leisure time and recreation activities and heaith enrichment for general
public wellness and fitness; aild
B.
WHEREAS, Yhe DisYrict is dsdicated to a culture of high sfudent achievement and
iutegrity, where sYudents thrive in a caring, respectful, and encouraging enviromnent
where they are physically and emotionally safe to focus on learning; and
C.
WHEREAS, the City is currently in need of green space for leisure and recreation
activities and the Parties desire to work together to support the communiYy; and
D.
WHEREAS, the Parties have mutual interest in the accomplishment of the following
goals:
1.
To provide wholesome, high-quality sports programming for youth and adults
alike; and
2.
To provide a competiYive high school sports program to meeY the recreation needs
of Che communiry; and
3.
To ensure that children of all economic levels are provided with the opportunity
to enjoy and have access to athleric programs and proper facilities; and
4.
To ensure that operation of the community' s reareation program is operated in the
most responsible, cost-effective and efficient manner possible; and
E.
WHEREAS, the Parties wish to enter into an agreement to accommodate the City' s use
of the District' s fields (" Oak Fields") on property owned by the Los Alainitos Unified
School District
at its Oak Middle School, located at 10821 Oak Street, , Los Alamitos,
CA 90720, a description of whieh is set forth in Exhibit" A" of this Oak Field Agreement
and incorporaCed herein by this reference; and
F.
WHEREAS, the Parties have mutually agreed that this Oak Field Agreement is subject to
the Master Joint Use Agreement Far Use of Shared SiYes between the Parties dated
Fill in the date)
the " Master Joint Use AgreemenY') which is set forth as
Exhibit B;
2of11
DI AFT AS OF 9/ 9/ 14
AGREEMENT
NOW THEREFORE, in consideration of the Parties' perfonnance of the promises, covenants,
and conditions stated herein, the Parties hereto agree as follows:
I. 0
CONTROLLING AGREEMENT. This Oak Field Agreement is an Individual Joint Use
Agreement as that tei7n is defined in the Master Joint Use Agreement and is subject to a11
tenns and conditions set forth Yherein. In Yhe event Yhat any provision in this Oak Field
Agreement conflicts with the Master Joint Use Agreement, the Master Joint Use
Agreement shall prevail.
2. 0
TERM OF AGREEMENT. The duration of this Oak Field Agreement sha11 align with the
term as the Master 7oint Use A reement which is seC forth as Exhibit B. Either Party may
terminate this IJUA for tl e Oak Field Agreeinent, without cause, upon providing written
notice of tennination to the other Party not less than six months prior to the effecYive date
of termination. The tennination of this IJUA does not affect either the Master Joint Use
Agreement or any other existing IJUAs.
3. 0
PURPOSE. The purpose of this Agreement is to provide for the Parties' eooperative use
and scheduling of the Oak Fields, as well as the sharing of eosts for the operations and
mainYenance of the Oak Fields.
4. 0
FIELD MAINTENANCE REPAIR AND UTILITIES.
4. 1
Definitions.
41. 1 "
Utilities" are defined as a company who provides services to the District
ar City and provides a defined invoice for services on an ongoing basis.
Utilities include:
Water
Fertigation
Pest Control
Tree Trimining
Trash Hauling
Electricity ( 100% of electricity paid far by the City, since City owns
the field lights)
Additional utilities may be included, but must be mutually agreed upon by
tbe District and City.
4. 1. 2 " Large
Non-routine Maintenance
maintenance
contractual
discussed
costs
service.
in
that
exceed $
Lar e
advance
Costs"
1, 500
non- routine
between
Parties
are
in
supplies,
maiatenance
before
possible. Exainples may be, but are not limited to:
Emergeney Repairs
Laser Leveling
3of11
defined
as
non-routine
maintenance
items
wiil
or
be
implementation when
DR 4FT AS OF 9/ 9/ 14
Sod for areas of grass Yhat are not growing we11 with seed
Adding brick dust
Contractor to repair irrigation units that intcrnal staff cannot do
Large non-routine maintenance costs will be divided equally between the City and
District in July aru ually, based upon mutual agreement of the need for the
maintenance.
4. 1. 3 "
Rourine Maintenance" is defined as daily, weekly, monthly, quarteriy, biannual or annual maintenance ineluding, but not limited to:
Mowing
Aeraring
Top Dressing
Irrigation Re airs/ Sprinkler Head Replacement
Fertilization
Seeding
Vacuuming
Dethatching
Verticutting
Trash (personnel)
Track Maintenance
Ball Dia nond Maintenance
4.2
Citv. The Ciry sha11 be responsible for one- half of all utility costs and one-half of
a11 large non-routine maintenance costs of the Oak Fields. The CiYy will be
responsible for 100% of the light maintenance and repairs.
43
District. The District sha11 be responsible for maintaining and repairing al1 of Oak
Fields to the highest standard possible with the current conditions of the fields,
based on recorrunendaYions from the 2007 PRZ Re ort. It was determined that
L,evel 3 is the desired level of field condition, if it can be reasonably attained at
each individual field, based on pre- existin
conditions at eaeh field. The District
shall be financially responsible for one-half of all utility costs ( except for
electricity) and one- half of all large non-routine maintenance costs of the Oak
Fields. The DisCrict will be responsible for 100% of the materials, supplies and
labor associated with routi e maintenance.
4. 4
Capital Improvement Pro.
For major repairs and/ or capital improve nents
improvements Yhat cost hundreds of thousands of dollars or more), the Parties
shall follow the guidclines of the PROJECT FLJNDING AND CAPITAL COSTS
Seetion 8. 0 of 2he Master Joint Use Agreement) and Ue paid with the CIP
Fund( s).
4. 5
Use of Yhe premises. CiYy and District sha11 respect a11 users of the Oak Fields by
requiring employees, participants, students, and User Groups to pick up after
themselves and leave the premises in ood condition. If the CiYy, District, or User
4of11
I7RAFT AS OF 9/ 9/ 14
Groups fail to appropriately use the field(s) and clean up after themselves and any
destruction/ damage/ etc. occurs, it shall be the responsibiliCy of the District to
make any repairs that will be funded based on the description below:
4.51
Rcimbursement. Repairs/ Replacement and any additional cleanup will be
done and paid for by the District and reimbursed based on the following:
District will pay for costs arising out of District-operaYed prograxns
User Groups will reimburse the District for costs arising out of User
Group programs
City will reimb urse the District for costs arising out of City programs
4. 5. 2
Heav,y EqUlpment. When heavy equipment is required to be utilized for
repairs or maintenance ( i. e. irrigation repairs, light replacement, etc.),
Parties will coordinate schedules and needs in order to reduce the impact
on the field. MiYigation measures may include reducing irrigation leading
up to the impacY, marking irrigation valves, use of plyv ood or other
materials
4. 6
to
dispe;rse
weight
from
vehicles, etc.
Insnection. Each Party shall periodieally inspect the Oak Fields for dangerous
conditions. If such inspection reveals any dangerous conditions, that Party shall:
1) promptly nofify the other Party of the existence of the condition; and ( 2)
refrain from using any portions of the Oak Fields affected by the dangerous
condition until it is corrected. The District shall post adequate warning signs on
the property and make any neeessary repairs. Funding for fl1e repairs will follow
the Reimbursement model list in 4. 5. 1 hereof.
5. 0
OAK FIELD USE AND SCHEDULING. The City shall be allowed to use the Oak Fields
for City purposes and allow User Groups to renY the Oak Fields in accordance with the
Facility User Policy and Procedures - Rules and Guidelines", subject to this Oak Fie1d
Agreement. The Parties shall each act in good faith to accommodate use of the Oak
Fields by the oYher Party in accordance with the terms of this agreement. The Parties,
specifically the Los Alamitos City Manager and the DistricYs Deputy Superintendent or
thcir designees, shall meeC on, at IeasC, an annuai basis to establish the schedule for the
Use of the Oak rields. Exhibit C is an example of a model time schedule.
5. 1.
Oak Fie1d Closures by the District. The District may close an Oak Field to use by
the public, the City, or anyone etse, with advance notice to the City and for
reasonable cause. Closures will be kept to a minimmn when au Oak Field is in
usable condition. When closure of the field is necessary, the Dish7ct shall follow
proper procedures for noticing the closure to the public. Reasons for the closure of
the Oak Fields may include, but are not limited to, the following:
5. 1. 1
Any condition posing a thrcat to the public health and/ ar safety, including
bnC not limited to, rains, weather conditions, dense fog, smog alerts,
pesticide spraying, herbicide spraying, and natural disasters.
Sofll
51. 2
Scheduled
or
unscheduled
maintenance,
repair,
renovation
and/ or
iinprovement to the field with advance approval from the City.
5. 1. 3
5. 2
Annual field rehabilitation( a continuous 12- week period, once per year)
Oak Field Closures bv the City. The City may close an Oak Field to use by the
DistricC, the public, or anyone else with advance notice and approval from the
District. When closure of the field is necessary, the City shall follow proper
District rocedures for noticing the closure to the publia Closures may occur far
any of the following reasons:
5. 21
Any condition posin a threat to Y1ie public health and/ or safety, including
but not limited to, rains, weather conditions, dense fog, smog alerts,
pesricide spraying, herbicide spraying, and natural disasters.
5. 2.2
Scheduled
or
unscheduled
maintenance,
repair,
renovation
and/ or
improvement to the field with advance notification to the District.
5. 3
Expenditures. The expenditures for Yhe maintenance and repairs of Oak are
specified in Sections 4. 2 and 43 above.
5. 4
Revenues.
5. 4. 1
Revenues Collected by the City. The revenues collected from non- City
and non-District User Groups will be collected by the CiYy. One-half of
the revenues collected throughout the fiscal year ( July 1 June 30)
amlually, will be distributed to the District by the City in August each
year.
5. 4.2
Revenues Collected by the District. One-half of revenues collected by the
District for facility rentals during " District allotted rime° throughout the
fiscal year ( July 1 - June 30) annually, will be distributed to the City by
the District in August each year.
5. 4. 1
Revenue Not Shazed. Revenues that will be collec;ted by each Party
separately and notshared include:
Staffing Costs
Permit Processing Fees
Repair Fees - repairs made to the field or ainenities related to damage
caused by using the field or field amenities ( parking lot, fencing, goals,
lights, etc.) will be billed to User Group by the City or the DisYrict
direc2ly, based on the actual eost of repairs ( supplies, materials and
labor)
Pass- tlu-ough Costs - fees that are charged to a User or entity and spent
due to that entity's usage ( e. g. Security hired by the City for a User
Group's rei tal with costs reimbursed to the City by the User Group)
6ofll
ElecTrical Costs - 100% of the light usage fees will be retained by the
City, which pays 100% of the electrical usage for the lights
IN WITNESS WHEREOF, I,os Alamitos Unified School District and the City of Los Alamitos
have entered into this Oak Field Agreemenf as of the Effective Dat.
CITY OF LOS ALAMITOS,
a
California CharCer
LOS ALAMITOS UNIFIED SCHOOL
DISTRICT, a California public school
City
district
By:
By:
Bret M. Plumlee
City
PaYricia L. Meyer
Manager
Deputy Superintendent
ATTESTED:
By:
Windy Quintanar, CMC
City Clerk
By:
By:
S. Reisman,
Cary
Esq.
City Attorney
Andreas C. Chialtas, Esq.
Atkinson, Andelson, Loya, Ruud &
Romo
7of11
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Master Joint Use AgreemenY
10
of
11
xTSiT c
Annual Oak Fields Schedule
Parties ! o meet and update annually)
2014- 2015
Field Closure—An ust 25, 2014— November 2, 2014
Ciry
of
Modernizarion
Los Alamitos
Modemization
Fall Season -- November 3, 2014—November 26, 2014
City
of
Monday through Friday: 7: OOam — 4: 00 m
Monday Chrough Friday: 4: OOpm— ll:OOpm
Los Alamitos
Saturday/ Sunday: 7: OOam— 11: OOpm
Winter Season— November 27, 2014— Februar
City of Los
8, 2015
Monday through Friday: 4: OOpm— 11: OOpm
Alainitos
Saturday/ Sunday: 7: OOam— ll:OOpm
S
rin
Season-- Februar
9, 2015 - 1VIa
24, 2015
Monday through Friday: 7: 00- 4: 30 m
Monday through Friday: 4: 30pm - 11: OOpm
City of Los Alainitos
Saturday/ Sunday: 7: OOam— ll:OOpm
Summer Season ( School in
session
— 1VIa
25, 2015— June 11, 2015
Los Alainitos Unified
City
of
Monday throu h Friday: 7: OOam— 4: OOpm
Monday through Friday: 4: 00 - ll:00pm
Los Alamitos
Saturday/ Sunda : 7: OOain— 11: 00 m
Summer Season— June 12, 2015 —Se tember 3, 2015 ( 12 weeks)
Sumrner Rehab
Los Alainitos Unified
City
of
Los Alamitos
Summer Rehab
esdditional Days/ Nights of Use given priority to 19istrict (1Viaximurn of i0 dates per year):
Back to School Night
Open House
CIF Playoffs
8th Grade Promotion/ Awards Ceremonies
11
of
ll
Y w0
a
Mid le Scho l
atchmen#
Oak
C
Gymnasiu
IJUA
Mid le Scho l Walking Coy te lJUA
83
12-'
0
to
Oak Bike/ Path Cre k
City
for
DifSerncs AGREMNT
Expendi4ur
USE
JOINT
M
A
S
T
E
R
Revnue/
IJIJA
fVIJd A
Mid le Scho l
Oak
IJUA
Comunity Restrom
Mid le Outdo r IJUA
Oak Basketb l Courts
Scho l
Mid le Fields IJUA
Oak Scho l
0
0
24K
12-
r.

i Community Restrooms, and BikeMlalk Path to Coyote Creek Park.

Transcription

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