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1988-211-Agreement With Los Gatos Union School District, Los Gatos United Soccer League, Los Gatos Little League, And Los Gatos-Saratoga Department Of Community Education And Recreation For Maintenance Of School District Athletic FieldsRESOLUTIO�� AME�CI�8 RESOLi}�ION ��O 1988-187 APPR[}VING THE AGREE�E�T �ITH LOS GATOS U�ICN SCHOOL DISTRICT, LOS E}ATOS UNITED SOCCER LEAGUE, L�S GATOS LITTLE LE��U�, AND L�S GATOS-SARATOG� �EP�RTMEN� OF CCMMUNITY ED CATION AND ��ECRE�TION F�R MA[NT��ANCE CF SC�OOL CISTRICT AT�LET�C Fl[�LDS RESCLVE�, by the To�n Council o� the Town o� Los Gatos, County o{ Santa Clara, State o� Cali�ornia, that the To�n o� Los Gatos enter into an agreement with Los �atos Union School �istrict, Los �atos Unite� Soccer League, Los �atos Little Leagu�, and Los Gatos-Saratoga Department o� Comm, or maintenance o� athletic �ields with�n Los Gatos Un�on School D�strict, and that the Town Manager I s a�thorized, and is hereby direcied, to executz said agreement in the naae and in �e�al� o� the TOWN OF L�S GATOS. �ASSEC AND A3OPTEC at a regular _______ueetin� o� the Town Counc�il o� the Town o� Los 5atz�s held on 21 _st _Novnmber_, 19�8 by the �ollowing vo�e: �T E DE��UTY CLERK DF TH�� T�WN OF LOS GA�OS A G R E E M E N T This agreement, made and entered into this ,%/ day of N ilf.: LWL! 1988, by Los Gatos Union School District, Los Gatos Saratoga Department of Community Education and Recreation, Los Gatos United Soccer League, Los Gatos Little League, and the Town of Los Gatos, a municipal corporation of the State of California, agreed to by and between the parties as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is to work cooperatively to improve the condition of the athletic fields at Blossom Hill School, Louise Van Meter School and R. J. Fisher Jr. High School. By the Town assuming responsibility for the on -going maintenance of these fields, it is anticipated turf quality will improve. Each of the parties to the agreement will contribute financially to the maintenance of these fields as outlined in paragraph 5 below. In addition, each of the parties to the agreement will participate in an on -going evaluation of the condition of these fields and make recommendations as to potential improvements. 2. MAINTENANCE COVERAGE: The Town of Los Gatos will provide maintenance coverage to include: A. Irrigation: Irrigation repairs, coverage includes repair or replacement of irrigation heads, valves, controllers, risers, lateral lines, etc. Mainline repairs or replacement shall be the responsibility of the School District. B. Water Management: Program controllers to meet turf needs. Watering program will coincide with athletic field use by school district. C. Aerification: Four times annually. D. Fertilizer Application: Four pounds actual nitrogen per 1000 square feet per year. E. Mowing /Edging: Weekly mowing and edging as needed, depending on athletic field use, season and weather conditions. F. Herbicide Application: As needed. Pre and post emergent control. G. Seeding /renovation: Spot seeding will be done as needed. Overseeding of specific sites will be done on an as needed basis. H. Safety inspection: Athletic fields will be inspected by the Parks Department personnel on a regularly scheduled basis. Ruts and safety obstructions will be repaired upon observations or when reported by the school district. -1- 3. TERM OF AGREEMENT: The term of the agreement will be for a period of four (4) years and nine (9) months, beginning on October 1, 1988 and terminating on June 30, 1993. The agreement may be extended for an additional five (5) years by mutual agreement of participants. 4. COST PARTICIPATION: A. Initial Formula: Los Gatos Union School District will pay to the Town of Los Gatos five thousand ($5,000) dollars for the first year of the contract, payable on or before December 1, 1988. Los Gatos Little League will pay to the Town of Los Gatos two thousand four hundred ($2,400) dollars for the first year of the contract, payable on or before February 1, 1989. Los Gatos - Saratoga Department of Community Education and Recreation will collect a field use fee of $6.00 per participant from any organization not a party to this agreement. It is estimated that $2,280.00 annually will be collected by the Recreation Department and passed through to the Town in this manner. All fees collected annually by March 4, 1989 will be passed through to the Town. Los Gatos United Soccer League will pay to the Town of Los Gatos five thousand four hundred ($5,400) dollars for the first year of the contract, payable on or before April 1, 1989. The rational for the payments for the first year of the contract is outlined on Exhibit A. Payments from each of the parties for subsequent contract years will be made on or before the due dates established above through 1992 for each contracting agency listed above and will be based on the following escalation clause. Additionally, the Los Gatos Union School District will absorb the extra cost of watering the fields as specified by the Town. B. Escalation: Eight months from the date of the agreement to provide maintenance services as outlined and each anniversary thereafter for the term of the agreement, yearly price paid for maintenance and repairs will be adjusted, as negotiated, based on actual costs not to exceed two percent (2 %) above the Consumer Price Index (CPI). The CPI shall be the San Francisco /Oakland Consumer Price Index for all urban wage earners. Cost increases for maintenance and repairs shall be proportioned, based on the initial annual contribution by each agency, adjusted for any significant change in the number of participants as outlined on Exhibit A. In March of each year, the parties will meet to discuss the estimate of costs for each agency for the following contract year beginning July 1. 5. INSURANCE AGREEMENT: The parties to this agreement hereby agree to maintain general liability insurance in the minimum amount of one million dollars ($1,000,000.) The parties further agree that the officers, agents, employees, members or representatives of the parties, shall not be liable for any loss damage, or injury resulting from the acts or omissions of other agency or organization(s) involved. -2- 6. MODIFICATION OR CANCELLATION OF THIS AGREEMENT: This agreement may be modified or cancelled by mutual consent of all of the parties involved with sixty (60) days written notice. 7. EVALUATION OF FIELD CONDITION: Beginning immediately upon signing the agreement and at least semi - annually during the term of this agreement, each of the parties to this agreement will meet to discuss and evaluate the conditions of the athletic fields and make joint recommendations regarding their potential improvement. In witness thereof, the parties have set their hands and seals as of the day and year first above yaritten: Los Gat ;ys Unio School District BY: os Gatos rato - Pe art nt and Recre n / r {/ s Gatos United Soccer League Los Gatos Litt e League Town of Los Gatos APPROVED AS TO FORM: Community Education J G( � ATTEST: TOWN CLERK FIELD AGMT:MANAG 10/14/88 -3- EXHIBIT A PLAYFIELD MAINTENANCE FEE SHARING AGREEMENT 1988 -89 I. Funds Required Organizations' share of costs Estimated cost of watering fields II. Sources of Revenue LGUSD - General - Watering Little League Soccer Recreation (including 80 for Pony League) 10/14/88 Number of Participants 400 900 380 1,680 -4- Total Dollar Contribution $15,000 Per Child Cost $6.00 6.00 6_000 5.000 $20,000 5,000 5,000 Total $2,400 5,400 2.280 (estimated) $10,080 $10,000 $20,000