HomeMy WebLinkAboutC-2114 - Joint Powers Agreement for Use of Recreational FacilitiesCITAF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR � t ti1L�-
z -zs -Y7
FROM: CITY CLERK
DATE: February 25, 1987
SUBJECT: Contract No. C -2114
Description of Contract Joint Powers Agreement for Recreation
Facilities Usage
Effective date of Contract February 25, 1987
Authorized by Minute Action, approved on February 23, 1987
Contract with Newport -Mesa Unified School District
Address P.O. Box
Newport Beach, CA 92663
Amount of Contract Not Applicable
" '
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
� i 1
CITY OF NEWPORT BEACH
Parks, Beaches and Recreation Department
BY THE CITY CCJNCIL
CITY OF NEEYPORT BEACH February 23, 1987
FEB 23 imi CITY COUNCIL AGENDA
APPROVED ITEM NO.
TO: Mayor and City Council
FROM: Parks, Beaches and Recreation Director
SUBJECT: JOINT POWERS AGREEMENT - NEWPORT -MESA UNIFIED SCHOOL DISTRICT
Recommendation:
Authorize the Mayor and City Clerk to execute the Agreement as amended.
Discussion:
The Joint Powers Agreement has been a long standing
a relationship with the School District that allows
equipment and services. This Agreement has enabled
tion programs utilizing school athletic facilities
savings to residents because expensive facilities h
public agencies.
document that has provided
an exchange of facilities,
the City to provide recrea-
that has resulted in
ive not been duplicated by
Specifically, the Agreement has been proposed to be amended to include a state-
ment on liability responsibility as it relates to our use of school facilities
for community recreation programs. The amendment reads:
CITY agrees to protect, indemnify and hold harmless the DISTRICT,
its Board Members, officials and employees from any and all
claims, demands, liabilities and obligations of whatsoever
nature, including attorneys fees and court costs arising out of or
in connection with any negligent act or omission of CITY or the
occupancy or use of the leased premises or any part thereof by
CITY or directly or indirectly from any state or condition of the
premises or any part thereof arising out of the operation and
maintenance of the leased premises.
CITY further agrees that DISTRICT shall not be liable at any time
for any loss, damage, or injury to the leased premises or any
person whomsoever at any time occasioned by or arising out of
any negligent act or omission of the CITY, or directly or indirectly
from any state or condition of the leased premises or any part
thereof caused by any negligent act or omission of the CITY.
Both the County counsel and our City Attorney's office have reviewed the proposed
language and are satisfied with the amendment. In addition, the Parks, Beaches
and Recreation Commission at their meeting of February 3, 1987 recommended that
the City Council execute the amended Agreement.
Ronald A. Whitley
oy)
3 JOINT POWERS AGREEME.
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5 WHEREAS, the Newport Beach Departme
Recreation, hereinafter referred to as "C
6 Mesa Unified School District, hereit
"DISTRICT" are both authorized to organiz
7 programs for community recreation; and
8 WHEREAS, the DISTRICT has facilities
for community recreation on the campuses o
9� by said DISTRICT; and
10' WHEREAS, it is desired that the CITY have priority to use
11Isaid facilities when such facilities are not being used by the
DISTRICT for educational purposes, use of school facilities will'
be permitted in the following order of priority:
12 1. Regular school programs, including Summer School
13 activities.
141 2. CITY sponsored and /or school connected youth programs,
e.g., Harbor Area Baseball Program.
r
15; 3. Other oy uth activities
16I 4. CITY adult programs
17, 5. Other adult programs
181 NOW, THEREFORE, IT IS AGREED that cooperative use shall be
19! made according to the following:
20� 1. The DISTRICT will make available its facilities and
grounds, with the necessary equipment and appurtenances for
21 community recreation on all of its campuses upon proper request
from the CITY, subject to the conditions noted herein.
22 CITY agrees to grant to DISTRICT, upon application, the use
23 of any recreational facility, area, maintenance service, or
equipment owned by the City of Newport Beach which the DISTRICT
24 may require in connection with its public school program, provided
the use of such recreational facility, area, maintenance service,
25 or or equipment for public school purposes shall not interfere with
its use by the CITY for community recreational purposes.
26 2. Such DISTRICT facilities will be made available as long
27 as the use in no way conflicts with the use of the DISTRICT'S
buildings, grounds or equipment for school purposes or interferes
28 with the regular conduct of school work. The DISTRICT reserves
the right to cancel the use of its facilities upon seven (7)
working days notice when such planned use is considered to be in
conflict with the use of such facilities for school purposes.
I) REF. 34.5
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JOINT POWERS AGREEMENT
WHEREAS, the Newport Beach Department of Parks, Beaches and
Recreation, hereinafter referred to as "CITY ", and the Newport -
Mesa Unified School District, hereinafter referred to as
"DISTRICT" are both authorized to organize, promote and conduct
programs for community recreation; and
WHEREAS, the DISTRICT has facilities and grounds available
for community recreation on the campuses of the schools maintained
by said DISTRICT; and
WHEREAS, it is desired that the CITY have priority to use
said facilities when such facilities are not being used by the
DISTRICT for educational purposes, use of school facilities will
be permitted in the following order of priority:
1. Regular school programs, including Summer School
activities.
2. CITY sponsored and /or school connected youth programs,
e.g., Harbor Area Baseball Program.
3. Other oy uth activities
4.
CITY
adult
programs
5.
Other
adult
programs
NOW, THEREFORE, IT IS AGREED that cooperative use shall be
made according to the following:
1. The DISTRICT will make available its facilities and
grounds, with the necessary equipment and appurtenances for
community recreation on all of its campuses upon proper request
from the CITY, subject to the conditions noted herein.
CITY agrees to grant to DISTRICT, upon application, the use
of any recreational facility, area, maintenance service, or
equipment owned by the City of Newport Beach which the DISTRICT
may require in connection with its public school program, provided
the use of such recreational facility, area, maintenance service,
or equipment for public school purposes shall not interfere with
its use by the CITY for community recreational purposes.
2. Such DISTRICT facilities will be made available as long
as the use in no way conflicts with the use of the DISTRICT'S
buildings, grounds or equipment for school purposes or interferes
with the regular conduct of school work. The DISTRICT reserves
the right to cancel the use of its facilities upon seven (7)
working days notice when such planned use is considered to be in
conflict with the use of such facilities for school purposes.
REF. 34.5
3. All requests for use of facilities of the DISTRICT are
3i to be made by the CITY on forms provided by the DISTRICT.
4I 4. All requests for use of facilities and /or equipment of
5 the CITY are to be made by the DISTRICT on forms provided by the
CITY.
6 5. The DISTRICT is to be informed, in writing, of all
7 policies and procedures of the CITY's operations insofar as they
relate to the use of the DISTRICT'S facilities.
8j 6. The CITY is to be responsible for enforcing the
9 DISTRICT's policies, procedures and rules relative to its use of
the DISTRICT's facilities as determined by the Board of Education
lO,Iin DISTRICT Rule and Regulation No. 7410.
lli 7• As the DISTRICT develops facilities on its campuses, its
facilities shall first provide and assist in the instructional
12'
program and second, add to the CITY's program development.
13I8. All requests for use of facilities and equipment of the
DISTRICT shall be in the office of the Business Manager not less
14 than ten (10) working days before such use.
15; 9. The DISTRICT agrees to provide at a mutually agreed upon
IIrate all custodial services, maintenance and operations costs
16 for the DISTRICT facilities.
10. In the event the DISTRICT enters into a like or similar
17 agreement to this agreement with the City of Costa Mesa, they
181shall provide in said agreement that the City of Costa Mesa shall
19`be restricted to reserving facilities within their municipal
boundaries and that the City of Costa Mesa shall cooperate with
the CITY in scheduling use of the DISTRICT stadium and the
20IDISTRICT olympic swimming pool. With the exception of the above
facilities, it is further agreed that the CITY shall restrict its
21 facility use requests to those DISTRICT facilities located within
the boundaries of the CITY. It is agreed that such cooperation is
22 for the purpose of resolving any possible conflicts in the use of
the facilities of the DISTRICT by either the CITY or the City of
23 Costa Mesa.
24 11. The CITY shall present to the DISTRICT, through the
Superintendent of the Newport -Mesa Unified School District, a
g5 projected annual program for the use of facilities of the
DISTRICT.
26 12. The CITY shall provide the DISTRICT with an annual
27 report which shall identify the groups served, the type of program
conducted and the actual cost of operation of CITY programs on
28 DISTRICT facilities on or before July 10 for the previous fiscal
I year.
REF. 34.6
13. The CITY shall select and provide all paid or voluntary
31 personnel necessary to conduct CITY recreational activities upon!
4` DISTRICT facilities.
5 14. If a charge is made in any form, even to cover expenses
for a recreation activity on a DISTRICT facility, advance approval
6 shall be secured from the DISTRICT. Such funds received shall]
remain with the CITY to be used to help defray the cost of the
7 recreation activity. Such charges shall not preclude any boy or
girl from participation in the program strictly because of lack of
81 funds.
9I "No events for which an admission price is charged
shall be held pursuant to Chapter 10 of the
10' Education Code of the State of California (commencing
` at Section 10900), except amateur athletic contests,
111 demonstrations or exhibits and other educational and
1 non - commercial events."
12 15. The DISTRICT shall provide the CITY with summer
13Imaintenance schedules well in advance. It is agreed that such
cooperation is for the purpose of alleviating any possible
14� conflicts in the use of the facilities and negating any incon-
i venience to the citizens of the community.
15; 16. The DISTRICT shall provide reasonable office space at
16� swimming pool locations to the CITY during summer months. It is
3.71 further agreed that the DISTRICT shall provide reasonable storage
facilities to the CITY on a year round basis.
181 17. The CITY shall be responsible for the installation and
operational charges assessed for additional telephones installed
141 on a DISTRICT facility for use by the CITY.
20 18. All expendable supplies shall be provided by the
CITY.
21 19. The CITY shall be financially responsible for damages or
22 losses to DISTRICT facilities and equipment beyond fair wear and
tear during the. use by the CITY, and the DISTRICT shall be
23 financially responsible for damages or losses to CITY facilities
and equipment during use by the DISTRICT.
24 20. CITY agrees to protect, indemnify and hold harmless the
25 DISTRICT, its Board Members, officials and employees from any and
all claims, demands, liabilities and obligations of whatsoever
26 nature, including attorneys fees and court costs arising out of or
in connection with any negligent act or omission of CITY or the
27 occupancy or use of the leased premises or any part thereof by
CITY or directly or indirectly from any state or condition of the
28 premises or any part thereof arising out of the operation amd
I maintenance of the leased premises.
CITY further agrees that DISTRICT shall not be liable at
1 any time for any loss, damage, or injury to the leased premises or
tlany person whomsoever at any time occasioned by or arising out of
REF. 34.7
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any negligent act or omission of the CITY, or directly or
indirectly from any state or condition of the leased premises or
any part thereof caused by any negligent act or omission of the
CITY.
This Agreement shall supersede all previous agreements and be
a continuing Agreement in force and effect from the date of
execution by the last party to execute same and shall continue
from year to year until its termination. Said Agreement may be
terminated by either party upon thirty (30) days prior written
notice.
IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be
executed by the Mayor of the City Council of the City of
Newport Beach, acting as the governing board of the Parks, Beaches
and Recreation Department, attested by its Clerk thereunto duly
authorized, and the DISTRICT has caused this Agreement to be
executed by its Board of Education on the date written opposite
their signatures. /^� /�
Dated: 9-0?5 , 19817 CI 0 E RT �FJAO6 /
ATTEST:
By: _ c /
City Clerk, City of
Dated: January 13 , 198L_7 NEWPORT -MESA UNIFIED SCHOOL DISTRICT
By
Me.
REF. 34.8
0
CITY OF NEWPORT BEACH
e. OFFICE OF THE CITY CLERK
o�t,FOapJ (714( 640 -2251
T0: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: July 27, 1984
SUBJECT: Contract No. C -2114
Description of Contract Joint Powers Agreement for Recreation
Facilities Usage
Effective date of Contract June 12, 1984
Authorized by Minute Action, approved on May 14, 1984
Contract with Newport -Mesa Unified School District
Address P.O. Box 1368
CA 92663
Amount of Contract Not
Wanda E. Andersen
City Clerk
WEA:lr
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
CITY OF NEWPORT BEACH
(714) 640 -2151
May 15, 1984
Dr. John Nicoll, Superintendent
Newport -Mesa Unified School District
P.O. Box 1368
Newport Beach, Calif. 92663
Dear Dr. Nicoll:
Attached, you will find six copies of the executed
document of the Joint Powers Agreement between
the City of Newport Beach and the School District.
It will be appreciated if you would cause your Board
to execute said document and return three copies to
me for our files.
The other Joint Powers Agreement relating to the
Olympic Pool was referred back to staff for addition-
al study. Ron Whitley, the City's Parks, Beaches and
Recreation Director, will contact your staff to re-
view our concerns with the new proposed agreement
about the pool.
cerely,
ROBERT L. WYNN
City Manager
Attachments
CC: Ron Whitley, P, B & R Director
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
!
0
RESOLUTION
• JOINT POWERS AGREEMENT .
WHEREAS, the Newport Beach Department of Parks, Beaches
I
2
and Recreation, hereinafter referred to as the "CITY," and the
3llNewport -Mesa Unified School District, hereinafter referred to
5I
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23
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as the "SCHOOL DISTRICT" are both authorized to organize, .
promote and conduct programs for community recreation; and
WHEREAS, the SCHOOL DISTRICT has facilities and
grounds available for community recreation on the campuses of
the schools maintained by said SCHOOL DISTRICT: and
WHEREAS, it is desired that the CITY have priority
to use said facilities when such facilities are not being used by
the SCHOOL DISTRICT for educational purposes, use of school
facilities will be
order of oriority:
1. Regular school programs, including Summer
School activities
2. City- sponsored and /or school- connected youth
programs
3. Other youth activities
4. City adult programs
5. Other adult programs
NOW, THEREFORE, IT IS AGREED that cooperative use shall
Ibe made according to the following:
1. The SCHOOL DISTRICT and CITY will make available
their facilities, grounds and services with the necessary equipment
and appurtenances for community recreation on all of their campuses
upon proper request from the CITY, subject to the conditions noted
herein. The CITY agrees to grant to the SCHOOL DISTRICT, upon
application, the use of any recreational facility, area,
-1-
I'
?:;maintenance service, or equipment owned by the City of Newport
21 Beach which the SCHOOL DISTRICT may require in connection with its
3 Ipublic school program, provided the use of such recreational
4 Ifacility, area, maintenance service, or equipment for public school
I
5 1purposes shall not interfere with its use by the CITY for community
6 recreational purposes.
7 2. Such SCHOOL DISTRICT facilities will be made
8 available as long as the use in no way conflicts with the use
9 of the SCHOOL DISTRICT'S buildings, grounds, or equipment for
lO school purposes or interferes with the regular conduct of school
11 work. The SCHOOL DISTRICT reserves the right to cancel the use
12 of its facilities upon seven (7) working days notice when such
13 planned use is considered to be in conflict with the use of such
14 facilities for school purposes.
15 3. All requests for use of facilities of the SCHOOL
16•DISTRICT are to be made by the CITY on forms provided by the
17 SCHOOL DISTRICT.
18 4. All requests for use of facilities and /or
29 equipment of the CITY are to be made by the SCHOOL DISTRICT on
20 forms provided by the CITY.
21 5. The SCHOOL DISTRICT is to be informed in writing
22 of all policies and procedures of the CITY'S operations insofar
23 as they relate to the use of the SCHOOL DISTRICT'S facilities.
24 6. The CITY is to be responsible for enforcing the
25 SCHOOL DISTRICT'S policies, procedures, and rules relative to its
26 use of the SCHOOL DISTRICT'S facilities as determined by the Board
27 of Education in District Rule and Regulation 7410.
28
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2
i? 7. As the SCHOOL DISTRICT develops facilities on
2'
its campuses, its facilities shall first provide and assist in
31 the instructional program and second, add to the CITY'S program
41
1 development.
51
6
6. All requests'for use of facilities and equipment
7 of the SCHOOL DISTRICT shall be in the office of the Business
8 Manager not less than ten (10) working days before such use,
9 except in cases of emergency.
10 9. The SCHOOL DISTRICT agrees to provide at a
11 mutually agreed upon rate all custodial services, maintenance,
12 and operation costs for the District facilities.
13 10. In the event the SCHOOL DISTRICT enters into a
14 like or similar agreement to this agreement with the City of
15 Costa Mesa, they shall provide in said agreement that the City
16 of Costa Mesa shall be restricted to reserving facilities within
17 their municipal boundaries and that the City of Costa Mesa shall
18 cooperate with the CITY in scheduling use of the District stadium
18 and the District olympic swimming pool. It is agreed that the
20 CITY will cooperate with the City of Costa Mesa in scheduling
21 use of the District stadium and District olympic swimming pool.
22 With the exception of the above facilities, it is further agreed
23 that the CITY shall restrict its facility use requests to those
24 SCHOOL DISTRICT facilities located within the boundaries of the
25 CITY. It is agreed that such cooperation is for the purpose of
26 resolving any possible conflicts in the use of the facilities
27 of the SCHOOL DISTRICT by either the CITY or the City of
28 Costa Mesa.
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1 11. The CITY shall present to the SCHOOL DISTRICT
'Z.:through the Superintendent of Schools a projected annual program
3 Ifor the use of the facilities of the SCHOOL DISTRICT. This
4 1 program shall be presented not later than May 1 of each year.
1
6 1 12. The CITY shall provide the SCHOOL DISTRICT with
6 an annual report which shall identify the groups served, the type
of program conducted and the actual cost of operation of CITY
8 programs on SCHOOL DISTRICT facilities on or before July 10 for
6 the previous fiscal year.
10 13. The CITY shall select and provide all paid or
11 voluntary personnel necessary to conduct and organize recreational
12 activities upon facilities of the SCHOOL DISTRICT.
13
14. If a charge is made in any form, even to cover
14 expenses for a recreation activity on a SCHOOL DISTRICT facility,
15
advance approval shall be secured from the SCHOOL DISTRICT. Such
16•
funds received shall remain with the CITY to be used to help
17
defray the cost of the recreation activity. Such charges shall
18
not preclude any boy or girl from participation in the program
29
strictly because of lack of funds.
20
"No events for which an admission price is
21
22 charged shall be held'pursuant to Chapter 10
of the Educational Code of the State of
23
California (commencing at Section 10900),
24
except amateur athletic contests,
25
demonstrations, or exhibits and other
26
educational and non - commercial events."
15. The SCHOOL DISTRICT shall provide the CITY with
28
summer maintenance schedules well in advance. It is agreed
-4-
;'that such cooperation is for the purpose of alleviating any
2 +
possible conflicts in the use of the facilities and negating any
4 linconvenience to the citizens of the community.
16. The SCHOOL DISTRICT shall provide reasonable
5
6 office space at swimming pool locations to the CITY during the
7 summer months. It is further agreed that the SCHOOL DISTRICT shall
8 provide reasonable storage facilities to the CITY on a year -round
basis.
9
10 17. The CITY shall be responsible for the installation
11 and operational charges assessed for additional telephones
12 installed on a SCHOOL DISTRICT facility for use by the CITY.
13 18. All expendable supplies shall be provided by the
14 CITY.
15 19. The CITY shall financially be responsible for
16 damages or losses to SCHOOL DISTRICT facilities and equipment
17 beyond fair wear and tear during the use by the CITY.
18 20. The CITY shall provide necessary and adequate
19 liability insurance to cover liability arising out of negligence
20 on the part of its agents, officers, and employees during such
21 time as the CITY uses SCHOOL DISTRICT facilities.
22 This agreement shall supersede all previous agreements
23 and be a continuing agreement in force and effect from.the date of
24 execution by the last party to execute same and shall continue
25 from year to year until its termination. Said agreement maybe
26 terminated by either party upon thirty (30) days' prior written
27 notice.
28
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IN WITNESS WHEREOF, the CITY has caused this AGREEMENT
to be executed by the Mayor of the City Council of the City of
Newport Beach, acting as the governing board of the Parks, Beaches
and Recreation Department, and attested by its Clerk thereunto
duly authorized, and the SCHOOL DISTRICT has caused this AGREEMENT
to be executed by its Board of Education on the date written
opposite their signatures.
Dates: MAY 17 1984 1984 NEWPORT BEACH
ATTEST: By:
Rafyor oy the Tity of Newport Beach
By: 4"
City Clerk EAVT�
City of Newport Beach
Dates: June 12, 1984 NEWPORT -MESA UNIFIED SCHOOL DISTRICT
By v
MAIM ers of its Anarif of Education
ME
CITY OF NEWPORT BEACH G _ C, I(.I
Parks, Beaches and Recreation Department
BY THE City COUNCIL
CITY OF NEWPORT BEACH May 14, 1984
MAY 141984 CITY COUNCIL AGENDA
ITEM NO. T--1 —
TO: Mayor and City Council it
FROM: Parks, Beaches and Recreation Director
SUBJECT: . JOINT POWERS AGREEMENT - NEWPORT-MESA UNIFIED SCM DISTRICT
If desired, take action on the recommendations or transmit recommendations to
the City - School Liaison Committee for review.
Recommendations:
1. Terminate the Landscape Maintenance Agreement with the School District.
Accept the proposed changes as corrected to the Joint Powers Agreement as
transmitted by the School District.
i�3 ) Pursue a revision to the fee schedule as adopted by the Board of Trustees
for the use of school facilities.
Discussion:
This Department has had a number of meetings to determine a workable solution to
a complex issue of retaining the use of public school facilities on an equitable,
affordable basis for youth and adult recreational purposes. Our use of school
facilities is important as they have many facilities, i.e., gyms, swimming pools,
athletic fields, that the City does not have in our park system. This is not a
shortcoming, by the way, as the efficient use and development of public facilities
by a community should be done in a manner that avoids duplication of expensive
facilities when possible.
By terminating the Landscape Maintenance Agreement, we will be able to assess fees
for the use of school facilities on a direct special interest user basis. This
will be fair and each user group will know up front what the cost of the activity
will be as it relates to the use of school facilities.
The amendments to the Joint Powers Agreement as proposed by the School District are
acceptable as the adopted fee schedule can be negotiated to a point that facilities
can be obtained within a reasonable cost.
As fees are negotiated with the District, it should be pointed out that a fair share
is not necessarily a direct ratio to the maintenance cost of a facility. As an
example, the cost of maintenance for a pool, gymnasium or athletic field does not
increase or decrease significantly by the number of hours it is used daily. In
many cases the cost is the same as certain functions must occur whether the facility
is used or not.
E'.
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The Parks, Beaches and Recreation Commission unanimously supported the
recommendations at their meeting of May 1, 1984.
We look forward to pursuing this matter and appreciate having the matter
go to the Joint City's - School District Liaison Committee or the City Council
for resolve.
C9
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7410
NEWPORT- MESA UNIFIED SCHOOL DISTRICT
RULESAND REGULATION
USE OF SCHOOL FACILITIES UNDER THE CIVIC CENTER ACT
INTRODUCTION
California law permits the Governing Board of a school district to grant the
use of school buildings or grounds for public, literary, scientific, recrea-
tional, or educational meetings, or for the discussion of matters of general
or public interest. The Board of Education may also establish such terms and
conditions of usage as it deems proper, subject to the limitations, require-
ments, and restrictions set forth in the Education Code of the State of Cali-
fornia.
The schools are more and more becoming centers where both children and adults
may learn and where community groups mays -meet to serve common needs. It is
important that definite rules and regulations be formulated to implement
adopted policies relating the use of school facilities under the Civic Center
laws.
These rules and regulations define which groups are eligible to use the
school facilities, outlining the application procedure, setting forth the
conditions for use of specific areas, and establishing a table of charges for
such use.
ELIGIBILITY FOR USE
1.0 All groups qualifying under the provisions of the Civic Center Act may
use school facilities for non - school purposes. They must adhere to the
rules and regulations as set forth by the governing Board of Education.
In general, the subject matter of such meeting shall pertain to the
recreational, educational, scientific, literary, economic, political,
artistic or moral interests of the community, or for the discussion of
matters of general or public interest.
All groups qualifying under provisions of the Civic Center Act are re-
quired to comply with applicable city ordinances including those relat-
ing to business and charitable solicitations.
Specific restrictions are contained in t
the use of school property by subversive
sectarian purposes, or if the purpose o f
sive, or harmful. No group, regardless
the use of school property or interfere
the school.
EXHIBIT 4
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he laws of the state against
groups, for denominational or
the meeting is immoral, offen-
of its character, may monopolize
with the educational program of
E
7410
a TYPES OF USES
2.0 No Charge
Except as provided in paragraphs 3.0 and 4.0 the Governing Board shall
grant without charge the use of school facilities to the following
organizations during times when a custodian is normally on duty
(Educational Code Section 40043). Every effort will be made, other
than in 2.1 and 2.9, to restrict such use to times and sites when a
custodian is normally on duty.
2.1 Student clubs and organizations
2.2 Fund raising entertainments or meeting where admission fees charged,
or contributions solicited are expended for the welfare of the
pupils of the District.
2.3 Parent - Teacher Organizations
2.4 School - Community Advisory Councils
2.5 Camp Fire Girls and Scout Troops
2.6 Senior Citizen Organizations
2.7 Other Public Agencies
2.8 Organizations, clubs, or associations organized for cultural
activities and general character building or welfare purposes
(i.,e. folk and square dancing).
2.9 There will be no charge at any time for mass care and welfare
shelters during disasters or public emergencies affecting the public
health and welfare by public agencies, including but not limited to
the American Red Cross; and the provision of services deemed
necessary by the Governing Board to meet the needs of the
community (Education Code Section 40041, paragraph 7 subdivision b).
3.0 Cost Use
During those times when a custodian is not normally on duty there will be
a charge to those groups listed in paragraph 2 other than 2.1 and 2.9.
These charges shalt not exceed an amount as specified in paragraph 4.0
(Education Code Section 40043,.paragraph 6).
4.0 Fees
A fee will be charged those groups in 2.0 under conditions and terms as
follows (Education Code Section 40043, paragraph b):
4.1 The cost of opening and closing the facilities if no school
9
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7410
employees would otherwise be available to perform that function as
a part of their normal duties.
4.2 The cost of a school employee(s)' presence during the organization's
use of the facilities, if the Governing Board or its designee
determines that supervision is needed, and if that.employee(s)
would not otherwise be present as part of normal duties.
4.3 The cost of custodial services, if the services are necessary, and
would not otherwise be performed as part of the custodian's normal
duties.
4.4 The cost of utilities directly attributable to the organization's
use of the facilities.
4.5 In commercial uses, if admission is charged, money collected or
solicited, the jental cost will be the published.rate plus
twenty (20) percent of the gross revenue received.
5.0 Other Cost Uses
The Governing Board may charge an amount not to exceed its direct cost or
not to exceed fair rental value of school facilities and grounds under
its control for any activities other than those specified (Education Code
Section 40043, paragraph c).
6.0 Direct Costs
Direct Costs are those costs to the District for the use of school
facilities or grounds defined as supplies, utilities, custodial services.
services of any other District employees, and salaries paid school
District employees necessitated by the organization's use of the school
facilities and grounds of the District. `Education Code Section 40043,
paragraph f).
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SCHEDULE. SCHEDULING
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(All facilities except the Newport -Mesa District Olympic Swimming
Pool, Stadium and Auditorium).
7.0 Priority of Use - School Facilities
In the priority of use categories below, youth activities conducted for
NMUSD students will have preference over adult activities.
1 The school where the facilities are located.
2 Other schools and units in the school District.
3 Youth activities of the Newport Beach City or Costa Mesa City
units at schools within the city's particular boundaries.
.4 Youth activities of the Newport Beach City or Costa Mesa City
0 units at schools in the other city's particular boundaries.
.5 Adult activities
units at schools
.6 Adult activities
units at schools
.7 Other government
.8 Public use.
of the Newport Beach City or Costa Mesa City
within the city's particular boundaries.
of the Newport Beach City or Costa Mesa City
in the other city's particular boundaries.
al agencies.
8.0 Use for Religious Services
School facilities may be made available for the temporary conduct of
religious services. Such use will be restricted to the provisions of
Education Code Section 40041 paragraph 3 and a fee will be charged as
specified in subdivision (c) of Education Code Section 40043•
9.0 Scheduling Responsibilities - School Facilities
The principal will be responsible for scheduling the use of facilities
from September 1 to June 15. The Business Services Division will be
responsible for scheduling the use of facilities from June 16 to
August 31. All requests by churches for church services will be
scheduled by the Business Services Division.
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.PRIORITY OF USE FEE SCHEDULE, SCHEDULING
E N L E E N
NEWPORT-MESA POOL
10.0 Priority of Use - Olympic Pool
.1 Newport Harbor High School instructional program.
.2 Other District schools' instructional programs.
.3 Youth activities which are scheduled by the City of Newport Beach
and /or the City of Costa Mesa as a part of their regularly
scheduled recreation programs, subject to the provisions of a
Joint Powers Agreement.
.4 Adult activities which are scheduled by the City of Newport Beach
and /or the Cily of Costa Mgsa as a part of their regularly
scheduled recreation programs, subject to the provisions of a
Joint Powers Agreement.
5 Other governmental agencies.
.6 Public use.
11.0 Fee Schedule - Olympic Pool
Fees will be charged by the School District according to the Schedule of
Fees and Charges where the user of school facilities charges unless the
charges are identified as a city or School District - related activity.
Fees will be charged all users other than the School District, Newport
Beach Parks, Beaches, and Recreation Department, and Costa Mesa Leisure
Services.
12.0 Scheduling Responsibilities - Olympic Pool
The scheduling of the use of the Olympic Pool on a year -round basis will
be administered by the office of the Business Manager.
13.0 Time Utilization - Olympic Pool
.1 The pool will be available for use from 6 a.m. to 11 p.m.
Amplification equipment will not be allowed before 7 a.m. or
after 10 p.m. Mondays.through Saturdays and not before 12 noon
or after 10 p.m. on Sundays.
2 Newport Harbor High School and other District schools will have
priority for eleven (11) hours of pool use daily, except Sunday,
during September 1 to June 15.
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3 Newport Beach Parks, Beaches, and Recreation Department will have
priority for four (4) hours of pool use daily, except Sunday,
from September 1 to June 15 and fourteen (14) hours of pool use
daily, except Sunday, from June 16 to August 31.
4 Costa Mesa Leisure Services will have priority for two (2) hours
of pool use daily, except Sunday, during September 1 to June 15
and three (3) hours of pool use daily, except Sunday, from
June 16 to August 31.
.5 For the times not utilized by the School District or by either
city, the School District or the cities may use the other's time.
Other governmental agencies or other users may utilize the pool
for non - scheduled time according to the Priority of Use.
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BILITIES
14.0 Priority of Use - District Stadium and District Auditorium
7410
.1 Newport Harbor High School instructional program.
.2 Other District schools' instructional programs.
3 Youth activities which are scheduled by the City of Newport
Beach and /or the City of Costa Mesa as a part of their regularly
conducted recreation programs.
.4 Adult activities which are scheduled by the City of Newport
Beach and /or the City of Costa Mesa as a part of their regularly
conducted recreation programs.
.5 Other governmental agencies.
.6 Public use.
15.0 Fee Schedule - District Stadium and District Auditorium
Fees will be charged by the School District according to the Schedule
of Fees and Charges.
16.0 Scheduling Responsibilities - District Stadium and District Auditorium
The Business Services Division will be responsible for scheduling
according to the Priority of Use. Use of the stadium or auditorium
and /or changes in the schedule must have prior approval.
17.0 Special Regulation on Charges - District Auditorium Regulation on Charges - District Auditorium
.1 All rehearsals are to be charged for at the cost rate, which is
established to cover actual expenses.
1 .2 Rental rates do not include ushers, stagehands, cafeteria
personnel or other personnel of a similar nature, but do include
custodial services and, when deemed necessary for the best
interests of the District, a stage manager, and an Auditorium
supervisor
3 All reservations for use of school facilities must be processed
in accordance with Use of School Facilities Process. One -half
of the rental fee is to be paid at the date the reservation is
made and the remainder must be paid seven days in advance of the
activity. All fees shall be paid by certified check, cashier
check, or cash. Personal checks will not be accepted.
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.4 No booking will be made which will interfere with any arranged
school function. Although intended to be kept at an absolute
minimum and usually in emergency situations, school activities
necessitating the use of a school facility previously reserved
for a non - school activity may require the cancellation of a
permit. In other than emergency situations, the District will
attempt to notify the applicant two (2) weeks in advance of the
activity if a cancellation is necessary.
.5 No outside caterers may use school cafeterias or kitchens, or
any of the equipment therein for the serving of meals to groups.
When food service in a cafeteria or kitchen is desired, arrange-
ments must be made through the principal at the time of the
issuance of the permit.
18.0 The Application
The application is primarily the basis of the agreement for use
of school facilities between the School District and the
applicant. Another prime function of the application is that
this instrument allows the school administration and the appli-
cant to arrive at a complete and equitable understanding as to
what their desires are regarding the use of school property.
The application also allows the applicant to be aware of what
is required of him regarding the policies and procedures govern-
ing the use of school property.
Therefore, it is of the utmost importance the applicant insert
all of the information which is pertinent to the planned activity,
and review the rules and regulations which appear on the reverse
side of the application.
When an application shows certain irregularities of which the
school administrator believes the Board of Education should be
apprised, the District administration may request the Board of
Education to review the application. The Board of Education
will notify the applicant as to the time and place of the review,
and extend to the applicant an invitiation to answer any questions
that may arise regarding the application.
.3 No application will be approved if the activity applied for will
in any way conflict with the school schedule of activities or any
school function.
.4 The Board of Education may deny the use of or cancel any permit
for use of school facilities to anyone or group if the activity
reflects in any way upon any citizen because of race, color or
creed.
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.5 Any applicant using school property or facilities must comply
with all of the existing laws, rules and regulations pertaining
to the use and occupancy of any school property or school
facilities.
.6 The school administrator may deny any application or cancel any
permit when in his opinion the use may be contrary to any exist-
ing laws or create a condition that may cause a disturbance of
the peace.
.7 No person, group or activity may engage in the following, nor
shall any person, group or organization granted a permit for
I use of school facilities permit in the facilities authorized
(including accesses thereto, walks, porches, lawns, patios,
parking lots or restroom facilities) any person to engage in
I the following:
� F
1. Smoking in buildings
2. Consumption of alcoholic beverages
3. Gambling
4. Use of narcotics or drugs for purposes other than medical
and under the prescription of a duly - licensed medical
physician or practitioner
5. Fighting, quarreling, abusive language, or noise of any
kind which may be offensive to other activities of the
1 neighborhood
Violations of any of the conditions of this paragraph shall be
' grounds for immediate revocation of the permit for use of such
facilities. In the event of such a revocation, all persons so
affected shall immediately vacate the school facilities.
.8 All applications should be directed to the person responsible
for scheduling of the facility not less than ten (10) working days
before the desired use is to take place.
.9 Pertaining to these rules and regulations, the term "Organization"
is defined to mean any person, persons, or group of persons who
make application for the use of school property or facilities. If
the applicant is only one person, or two or more persons joined to-
gether in a partnership, the application must be signed by the
person or by a majority of the individuals who make up the partner-
ship. If the agency is an organized group, the person making the
application shall show evidence of authority to contract for such
use of school facilities.
.10 There shall always be a representative of the School District who
is employed by the School District present on school property
whenever an activity is taking place with the exception of fields.
The designated representative will have the responsibility to see
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that all of the rules, regulations and laws are adhered to by
the group using the school facilities. Any violation that may
occur will be reported in writing to the Superintendent of
Schools. As a result of any violation, the Newport -Mesa
Unified School District may cancel the permit and refuse to
accept any further application from the same group.
.11 Any group using any auditorium or stage shall not disturb, move
or change any of the existing equipment except with the permis-
sion of the school administrator and under the supervision of
the appointed school custodian who is in charge of the facility.
Any stage props used must be completely fireproofed by a certif-
ied agent of the user. The School District will request the Fire
Department to check all stage props and to verify all certifica-
tion of fireproofing.
.12 School facilities or property will not be available for any enter-
tainment involving the use of live animals of any type, kind or
size, nor is straw, hay or any readily combustible material of a
like manner to be used in any activity.
.13 When a special activity takes place such as a television or radio
broadcast and extra equipment is necessary, such as telephone
lines, etc., the District administration may require a special
advance deposit from the applicant to defray the cost of the
special equipment. Any balance of the unused deposit will be
returned to the applicant within ten (10) days after the date of
the activity.
.14 When the general public is allowed to park automobiles in school
parking lots, they must park in designated areas and in such a
manner as to allow clear access to all buildings and fire hydrants.
.15 Applicants must agree to hold the Newport -Mesa Unified School
District, its Board of Education, the individual members thereof,
and all District officers, agents, and employees free and harmless
from any loss, damage, liability, cost of expense that may arise
during or be caused in any way by such use and /or occupancy of
school facilities. Applicants shall furnish such liability or
other insurance for the protection of the public and District as
the District may require.
.16 All applications should be made on the N -M Form 137, Application.
and Permit for Use of School Facilities.
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NEWPORT -MESA UNIFIED SCHOOL DISTRICT
Schedule of Fees and Charges for Use of School Facilities
Rental Rates Each
Three Hours Min. Addtl. Hour
Athletic Field $
12.00
$ 4.00
Athletic Field With Lights
17.50
5.00
Auditorium (NHHS) + 20% of gross ticket sales(1)*
400.00
135.00
Cafetorium
75.00
25.00
Cafetorium With Kitchen
90.00
30.00
(Cafeteria employees extra)
Classroom F
45.00 .
15.00
Classroom With Sewing Machines /Industrial Arts
60.00
20.00
Classroom /Typing
60.00
20.00
Faculty Dining Room
40.00
15.00
Gym - Large (2)*
125.00
42.00
Gym - Small and Intermediate Schools (2)*
90.00
30.00
Gymnastics Room - High School
45.00
15.00
Little Theater - Forum
110.00
35.00
Lounge or Small Conference Room
40.00
15.00
Stadium - Without Lights (3)*
500.00
167.00
Stadium - Without Lights With Shower /Locker
550.00
185.00
facilities (3)*
Stadium - With Lights Without Shower /Locker
800.00
267.00
facilities (3)*
Stadium - With Lights With Shower /Locker
850.00
283.00
facilities (3)*
Swimming Pool - 25 Meter (4)*
75.00
25.00
Swimming Pool - 25 Meter With Shower /Locker
100.00
33.00
facilities (4)*
Swimming Pool - 50 Meter Olympic (4)*
150.00
50.00
Swimming Pool - 50 Meter Olympic With Shower /Locker
175.00
60.00
facilities (4)*
Swimming Pool - 50 Meter Olympic With Shower /Locker/
190.00
64.00
Lights facilities (4)*
Tennis Court - Without Lights (each)
7.00
1.00
Tennis Court - With Lights (each)
11.50
2.00
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* (1) Other assistants or stage hands charged at hourly rate
* (2) Plus hourly rate of personnel to set up and take down bleachers
charged at prevailing custodial rate
* (3) Plus hourly rate of personnel for lining field or track
* (4) It is also required that each activity have a Water Safety Instructor,
Certified Lifeguard on duty in addition to any teams coaches present.
The cost of the services is to be assumed by the user of the facility.
Rental Charges /Use of Equipment
Chair Rental
Chalk Board, Portable
Duplicating Equipment (i.e. Xerox)
*Piano, Grand
*Piano, Studio
Projection Screen
Projector, Film Strip
Projector, Overhead
Projector, 8 MM
Projector, 16 MM
Projector, Slide
Tape Recorder (Cassette)
Television Set
$ 1.00
per
chair /use
5.00
per
use
.10
per
copy
50.00
per
use
20.00
per
use
8.00
per
use
15.00
per
use
15.00
per
use
10.00
per
use
20.00
per
use
15.50
per
use
10.00
per
use
8.00
per
use
*Plus tuning cost if necessary, tuning will be done only by district
approved tuners.
The above charges are for use on premises, there will be no equipment
moved to an off premise location.
Revised 8/3/83
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�T
t
a, CALIFORNIA
c Ag., city Hall
�l�ppRN� _•
e
1300 W. Navport Blvd.
Area Code 714
DATE
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECr: Contract No. 2114
�cc �YS
Description of Contract 'ibmi
Authorized by Resolution No. 9624 , adopted on 8 -27 -79
Effective date of Contract R -27_79
Contract with New rno t Mesa Unified School District
Address 1$57 Pla entia Avenue- Costa Mesa
Amount of Contract See Contract
l6YWlOcC� City Clerk IQ
a
Helen Orr of PB &R mailed the executed copy of the
agreement to the Newport -Mesa Unified School District.
10 -3 -79
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JOINT POWERS AGREEMENT
WHEREAS,' the Newport Beach Department of Parks, Beaches
and Recreation, hereinafter referred to as the "CITY ", and the
Newport -Mesa Unified School District, hereinafter referred to as
the "SCHOOL DISTRICT" are both- authorized to organize, promote and
conduct programs for community recreation; and
WHEREAS, the SCHOOL DISTRICT has facilities and grounds
available for community recreation on the campuses of the schools
maintained by said SCHOOL DISTRICT; and
WHEREAS, it is desired that the CITY have priority to use
(said facilities when such facilities are not being used by the
SCHOOL DISTRICT for educational purposes:
NOW, THEREFORE, IT IS AGREED that cooperative use shall
The made according to the following:
1. The SCHOOL DISTRICT and CITY will make available
their facilities, grounds and services with the necessary equipment
and appurtenances for community recreation on all of their campuses
upon proper request from the CITY, subject to the conditions noted
herein. The CITY agrees to grant to the SCHOOL DISTRICT, upon
application, the use of any recreational facility, area, mainten-
ance service, or equipment owned by the City of Newport Beach which
the SCHOOL DISTRICT may require in connection with its public schoo
program, provided the use of such recreational facility, area, main
tenance services, or equipment for public school purposes shall not
interfere with its use by the CITY for community recreational pur-
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poses, as determined by the CITY.
2. Such facilities w l be made available as long as the
use in'no way conflicts with e use of the SCHOOL DISTRICT'S build
ings, grounds, or equipment for school purposes or interferes with
the regular conduct of school work. The SCHOOL DISTRICT reserves
ithe right to cancel the'use of its facilities upon seven (7) work-
ing days notice when such planned use is considered to be in con-
flict with the use of such facilities for school purposes.
3. All requests for use of facilities of the SCHOOL
DISTRICT are to be made by the CITY on forms provided by the SCHOOL
DISTRICT.
4. All requests for use of facilities of the CITY are to
be made by the SCHOOL DISTRICT on forms provided by the CITY.
5. The SCHOOL DISTRICT is to be informed of all policies
and procedures of the CITY'S operations insofar as they relate to
the use of the SCHOOL DISTRICT'S facilities.
6. The CITY is to be responsible for enforcing the
SCHOOL DISTRICT'S policies, procedures, and rules relative to the
use of the SCHOOL DISTRICT'S facilities.
7. As the SCHOOL DISTRICT develops facilities on its
campuses, its facilities shall first provide and assist in the
instructional program and second, add to the CITY'S program
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development.
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8. All requests for use of facilities and equipment of
the SCHOOL DISTRICT shall be in the Office of the Business Office
not less than ten (10) working days before such use, except in
cases of emergency.
9. The SCHOOL DISTRICT agrees to provide at a mutually
agreed rate all custodial services, maintenance, and operation
costs for the district facilities.
10. In the event the SCHOOL DISTRICT enters into a like
or similar agreement to this agreement with the City of Costa Mesa,
they shall provide in said agreement that the City of Costa Mesa
shall be restricted to reserving facilities within their municipal
boundaries and that the City of Costa Mesa shall cooperate with
the CITY in scheduling use of the district stadium and the district
olympic swimming pool. It is agreed that the CITY will cooperate
with the City of Costa Mesa in scheduling use of the district sta-
dium and district olympic swimming pool. With the exception of the
above facility, it is further agreed that the CITY shall restrict
its facility use requests to those SCHOOL DISTRICT facilities lo-
cated within the boundaries of the CITY. It is agreed that such
cooperation is for the purpose of resolving any possible conflicts
in the use of the facilities of the SCHOOL DISTRICT by either the
(CITY or the City of Costa Mesa.
11. The CITY shall present to the SCHOOL DISTRICT through
1 the Superintendent a projected annual program for the use of the
2 facilities of the SCHOOL DISTRICT. This program shall be presented
3 not later than May 1 of each year.
4
5 12. The CITY shall provide the SCHOOL DISTRICT with an
6 actual annual report on the people served, the type of program con-
7 ducted and the actual cost of operation on SCHOOL DISTRICT facili-
8 ties on or before July 10 for the previous fiscal year.
9
10 13. The CITY shall select and provide all paid or
11 voluntary personnel necessary to conduct and organize recreational
12) activities upon facilities of the SCHOOL DISTRICT.
23
14 14. If a charge is made in any form, even to cover
15 expenses for a recreation activity on a SCHOOL DISTRICT facility,
16 advance approval shall be secured from the SCHOOL DISTRICT. Such
17 funds received shall remain with the CITY to be used to help defray
18 the cost of the recreation activity. Such charges shall not pre -
19 clude any boy or girl from participation in the program strictly
20 because of lack of funds.
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22 "No events for which an admission price is charged
23 shall be held pursuant to Chapter 6 of the Educa-
24 tional Code of the State of California (commencing
25 at Section 166S1), except amateur athletic contests,
26 demonstrations, or exhibits and other educational
27 and noncommercial events."
28
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] 15. The SCHOOL DISTRICT shall provide the CITY with
2 summer maintenance schedules well in advance. It is agreed that
3 such cooperation is for the purpose of alleviating any possible
4 conflicts in the use of the facilities and negating any inconven-
5 ience to the citizens of the community.
6
7 16. The SCHOOL DISTRICT shall provide office space at
8 swimming pool locations to the CITY during the summer months. It
9 is further agreed that the SCHOOL DISTRICT shall provide storage
10 facilities to the CITY on a year -round basis.
11
12 17. The CITY shall be responsible for the installation
13 and operational charges assessed for additional telephones in-
14 stalled on a SCHOOL DISTRICT facility for use by the CITY.
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16 18. All expendable supplies shall be provided by the CITY
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18 19. The CITY shall financially be responsible for damages
19 or losses to SCHOOL DISTRICT facilities and equipment beyond fair
20 wear and tear during the use by the CITY.
21
22 20. The CITY shall provide necessary and adequate lia-
23 bility insurance to cover liability arising out of negligence on
24 the part of its agents, officers, and employees during such time as
25 the CITY uses SCHOOL DISTRICT facilities.
26
27 This agreement shall supersede all previous agreements
28 and be a continuing agreement in force and effect from the date of
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execution by the last party to execute.same..,an,d shall continue from
year to year until its. t ,minatpn.` Said.ag'reement may be termin-
ated by either party upon th,ip (30) days.' p!r.ior written notice.
IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to
be executed by the Mayor of the City Council of the City of Newport
Beach, acting as the governing board of the Parks, Beaches and
Recreation Department, and attested by its Clerk thereunto duly
authorized, and the SCHOOL DISTRICT has caused this AGREEMENT to be
executed by its Board of Education on the date written opposite
their signatures.
IDates: 00-2
1979 NEWPORT BEACH
ATTEST: By: V v
Mayor ot t e Cit o
By `
ity Cler
City of Newport Beach
Dates: May 22, 1979 NEWPORT -MESA UNIFIED
ers of its hoard o
DISTRICT
atio
••
RESOLUTION NO. 9 62 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A JOINT POWERS AGREEMENT
BETWEEN.THE CITY OF NEWPORT BEACH AND THE NEWPORT -
MESA UNIFIED SCHOOL DISTRICT IN CONNECTION WITH
THE CITY USE OF DISTRICT SCHOOL FACILITIES
WHEREAS, there has been presented to the City. Council
of the City of Newport Beach a certain Joint Powers Agreement
between the City of Newport Beach and the Newport -Mesa Unified
School District in connection with the City use of District
school facilities at no cost to City; and
WHEREAS, the City Council has reviewed the terms and
conditions of said Agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
execute said Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Agreement above described is
approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of Newport
Beach.
ATTEST:
City Clerk
ADOPTED this 27th day of August , 1979.
Mayor
kv
8/21/79