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HomeMy WebLinkAbout08 - CNB & NMUSD JPA ExtensionAgenda Item No. 8 April 24, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Recreation Department Laura Detweiler, Rec & Sr Service Director 949- 644 -3157, LDetweiler @newportbeachca.gov PREPARED BY: Sean Levin, Recreation Superintendent APPROVED: v v TITLE: Extension of the Joint Powers Agreement for Use of Marian Bergeson Aquatics Center ABSTRACT: The City of Newport Beach and Newport-Mesa Unified School District (NMUSD) mutually agreed upon a twenty -five (25) year extension of the Joint Powers Agreement (JPA) pertaining to use of the Marian Bergeson Aquatics Center (MBAC) located at Corona del Mar High School. RECOMMENDATION: Staff recommends approval and the execution of the NMUSD Board approved agreement (Attachment A) to extend the JPA for use of the MBAC for a twenty -five (25) year period from July 1, 2014 to June 30, 2039. FUNDING REQUIREMENTS: In a continued effort to provide quality aquatic related programs and facilities for the community, funds in the amount of $330,000 have been earmarked for restroom and locker room improvements at the MBAC as a portion of the funds necessary to complete the project. City funding is contingent upon fundraising efforts of the community being completed. DISCUSSION: The City and NMUSD jointly use the Marian Bergeson Aquatic Center under a JPA (Attachment B) that continues to be mutually beneficial for both parties and ultimately the community. Combined with the earmarking of funds for facility improvements, the City is exercising the twenty -five (25) year renewal option as outlined in a letter to the District dated January 25, 2012 (Attachment C). The joint use agreement for the Marian Extension of the Joint Powers Agreement for Use of Marian Bergeson Aquatics Center April 24, 2012 Page 2 Bergeson Aquatic Center is set to expire June 30, 2014 and will be extended for the period of July 1, 2014 to June 30, 2039. The NMUSD is mutually agreeable and approved the extension of the agreement at their school board meeting of March 13, 2012- ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Prepared by: Submitted by: n YauraDetweiler, Director i Superintendent Recreation & Senior Services Department Attachments: A. NMUSD Letter and Agreement - March 20, 2012 B. Joint Powers Agreement —July 11, 1989 C. City of Newport Beach Request for JUA Extension, January 25, 2012 Attachment A NEWPORT -MESA Unified School District 2985 Bear Street • Costa Mesa • California 92626 • (714) 424 -5000 BOARD OF TRUSTEES Dana Black • Dave Brooks • Walt Davenport Martha Fluor a Katrina Foley a Judy Franco • Karen Yelsey March 20, 2012 Mr. Dave Kiff, City Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Dear Dave, Enclosed please find two copies of the agreement for the extension of the JPA covering the Marian Bergeson Aquatics Complex as executed with original signatures. The Board of Education approved the extension, which will run from July 1, 2014 through June 30, 2039, at their meeting on March 130'. After the appropriate action by the City Council, please return one signed copy for District records. The District is looking forward to another 25 years of this continued beneficial working relationship. Please let me know if there are any questions or concerns. Cordially, Paul H Reed Deputy Superintendent and Chief Business Official Agreement between the Newport-Mesa Unified School District (District) and the City of Newport Beach (City) Regarding the Joint Exercise of Powers Agreement between the District and the City Whereas, pursuant to Section 6502 of the Government Code, the District and the City have entered into a joint exercise of powers agreement dated July 11, 1989 regarding the pool at Corona del Mar High Schoul; and Whereas, the District and City desire to extend the term of the joint exercise of powers agreement as provided herein. The District, as authorized by its governing board March 13, 2012, and the City approve the extension of the terns of the joint exercise of powers agreement for an additional twenty-five year period from July 1, 2014 and concluding June 30, 2039. 2. Pursuant to and in accordance with the provisions of Government Code section 8546.7, or any amendments thereto, all books, records and tiles of the City or the District connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to, the administration thereof, shall be subject to the examination and audit of the State Auditor, at the request of District or as part of any audit of District, for a period of three (3) years after final payment is made tinder this Agreement. The parties hereto shall preserve and cause to be preserved such books, records and files for the audit period. 3. The District and City agree to perform their respective duties under the joint exercise of powers agreement in accordance with its terns. CITY OF NEWPORT BEACH By: Its: Mayor By. E i% By: Its: —ity Attorney ATTEST By: Its: City Clerk NEWPORT -MESA UNIFIED UM Board of Education APPROVED AS TO FORM By: encer E. Covert gal Counsel for the Newport-Mesa Unified School District Attachment B AGREEMENT Pursuant to Title I, Division VII, Chapter V of the Government Code of the State of California (Sections 6500- 6513), a Joint Powers Agreement is made and entered into the 11th day of July , 1989, by and between the City of Newport Beach, a municipal corporation (hereinafter referred to as "City ") and the Newport -Mesa Unified School District (hereinafter referred to as "District "). RECITALS: A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. It has been determined that there is a need to construct an olympic i size swimming Pool in the Corona del Mar area of the City of Newport Beach (hereinafter called "Pool "). Pool. C. Corona del Mar High School has been selected for the site for the D. The City and District desire to cooperate in the installation and maintenance of the Pool. NOW, THEI EFORE, it is agreed between the parties as follows: 1. TERM The term of this Agreement shall commence on the date of execution thereof and shall continue for a period of twenty -five (25) years. At City's option, this Agreement may be renewed for an additional 25 -year period at mutually agreeable terms and conditions. 2.. CONSTRUCTION AND SITE OF POOL The District shall cause to be installed a fifty (50) meter swimming Pool with related facilities, equipment, lighting and security fences at Corona del Mar High School. The minimum specifications for the installation of the Pool are set forth in Exhibit A which is attached hereto and incorporated herein by this reference. City and District agree that the public bidding procedures relating to the award of contracts on public works projects will be observed. The District shall initiate the formal bid process within three (3) years of the date of receipt by the District of funds from the "Swim For the Gold Committee" (hereinafter called "Committee ") sufficient to cover the contract costs. 3. CITY AND DISTRICT CONTRIBUTIONS a. The total contribution by City shall not exceed Six hundred twenty- five thousand dollars ($625,000.00) or fifty per cent (50%) of the total cost of construction and installation of the Pool, whichever is less. City's share to be given at time of the award of Construction Contract. The District shall pay all other construction, installation and other costs of the Pool. The current estimate for construction of the Pool is $1.25 million dollars. In the event the actual cost of construction of the Pool exceeds the projected amount, District shall be responsible for paying all such excess amount pursuant to the District's written agreement with the Committee. b. The District will provide and maintain existing parking facilities needed for city use. 2 4. USE OF POOL SCHOOL YEAR (Monday throuzh Friday) a. 6:00 a.m. to 3:00 p.m. - exclusive use by District. b. 3:00 p.m. to 6:00 p.m. - joint use by City and District, with District having priority. C. 6:00 p.m. to 9:00 p.m. - exclusive use by City. SCHOOL HOLIDAYS. SUMMER VACATION PERIODS AND SATURDAYS a. 6:00 a.m. to 9 :00 a.m. - joint use by City and District, with City having priority. b. 9:00 a.m. to 9:00 p.m. - exclusive use by City. SUNDAYS a. 6:00 a.m. to 9:00 p.m. - joint use by City and District. Use of the Pool facilities by District or by City shall be in accordance with all applicable rules and regulations adopted by the parties pertaining to the use and operation of such facilities. It is the express intent that each agency shall have full use of the aquatic center facilities including rest- rooms, showers, parking lot, and other ancillary facilities of the swimming Pool. The City and District further agree that on or about April 1st of each year, all Pool uses shall be reviewed to determine if any revisions in the Agreement are required. Disputes, if any, will be resolved by the Superintendent and City Manager, and, if they cannot agree, by the Board of Education and the City Council in cooperation with each other. 5. OPERATION OF THE POOL (Utility Expenses) All utility costs associated with the operation of the Pool, specifically natural gas, electricity, and water, shall be provided by the District. The City, however, will assess a reasonable utility surcharge on City_program 3 participants with said surcharge being transmitted to the District on a quarterly basis, and is to be used to help offset the utility costs of the District. 6. RESPONSIBILITY FOR SUPERVISION A. At all times when the area and facilities are used by District, District shall be responsible for supervision, public safety, and control. During such periods, District will supply all special equipment necessary for teaching and carrying out the school program. To meet the responsibility herein set out, District shall provide the necessary personnel. B. During time when the area and facilities are in use by City, City shall be responsible for supervision, public safety, and control. During such periods, City will supply all special equipment necessary for carrying out the City program, including any towels, suits, and personal equipment. To meet the responsibility herein set out, City will provide the necessary swimming instructors, lifeguards, and other necessary personnel during the times the area is in use by City or in use by groups under the control of City. C. At all times when the area and facilities are jointly used by District and City, each party shall be responsible for supervision, public safety, and control for the areas of the Pool assigned to it. During such times, each party will assume responsibility for special equipment necessary in carrying out their own program and will provide the necessary instructors, lifeguards, or other necessary personnel in the area in use by that party. 7. MAINTENANCE AND REPAIR District agrees to maintain the Pool and all related facilities in good order and repair and to keep the Pool in a neat, clean, orderly, safe, and sanitary condition. The District's responsibility includes all maintenance 4 and repairs except as set out elsewhere in this Agreement. 8. POOL CLOSING The determination of the times that it may be necessary to close the Pool facilities for repairs and maintenance, will be made upon the mutual agreement of both parties. The District will notify the City as soon as possible if danger to public health and /or safety demands an emergency closure. 9. STORAGE The City shall maintain on the Pool premises a separate storage area for City equipment of not less than six (6) feet by eighteen (18) feet. The City shall maintain such separate storage area in good order and repair. 10. OFFICE SPACE District and City agree that City shall maintain at its own cost within the Pool office a separate desk, chair and telephone connection for City use. 11. FEES In consideration for City's execution of this Agreement, the District waivers all facility use costs associated with the new Pool upon completion of the Pool. 12. HOLD HARMLESS City shall indemnify and hold harmless District from and against any and all claims arising from City's use of the Pool, or from any activity, work or things done, permitted or suffered by City in or about the Pool or elsewhere and shall further indemnify and hold harmless District from and against any and all claims arising from any breach or default in the performance of any obligation on City's part to be performed under the terms of this Agreement, or arising from any negligence of the City, or any of City's agents, contractors, or employees, and from and against all costs, attorney's fees, 5 expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought therein; and in case any action or proceeding be brought against District by reason of any such claim, City, upon notice from District, shall defend the same at City's expense_ City and District agree to hold each other mutually harmless. District shall indemnify and hold harmless City from and against any and all claims arising from District's use of the Pool, or from any activity, work or things done, permitted or suffered by District in or about the Pool and shall further indemnify and hold harmless City from and against any and all claims arising from any breach or default in the performance of any obligation on District's part to be performed under the terms of this Agreement, or arising from any negligence of the District, or any of District's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against City by reason of any such claim, District, upon notice from City shall defend the same at District's expense. 13. ENTIRE AGREEMENT This Agreement supersedes any prior agreement, oral or written, and contains the entire agreement between City and District as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the other party to be bound thereby. 14, NO WAIVER The waiver by either party of the performance of any covenant, condition or promise, including the time for performance thereof, shall not invalidate 0 this Agreement, nor shall it be considered a waiver of any other covenant, condition or promise. The exercise of any remedy provided by law or by the provisions in this Agreement shall not exclude any other remedy, unless it is expressly excluded. 15. SEVERABILITY Invalidation of any one of the terms and /or provisions of this Agreement by any judgment or court order shall in no way affect any of the other terms and /or provisions of this Agreement, which shall remain in full force and effect.. 16. GOVERNING LAW This Agreement shall be governed by the laws of the State of California and shall be interpreted as if prepared by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. NEWPORT1I -MESA UNIFIED SCHOOL DISTRICT BY: (1, �LUL Lf- �LLyLCO Pr .ident Pro Tem, Board of Education I-11A Mayor 'Vice- President /C-rerk Pro Board of Education APP VED AS TO FORM: APPROVED AS TO FORM: /tity Attorney Legal Services City Clerk C �r EXHIBIT "A" MARIAN BERGESON AQUATIC COMPLEX Newport -Mesa Unified School District Corona Del Mar High School Newport Beach, California PROJECT DESCRIPTION 1. General New 50 -meter x 25 -yard swimming pool with approximately 13,425 square feet of deck area and three related mechanical and support facilities buildings totaling approximately 5,240 square feet. Buildings are one - story, slab -on -grade structures with roof- mounted mechanical unit for the office and team /weight rooms only. Buildings are classed as Type V -N, Uniform Building Code, 1985 Edition. Complex to be surrounded by an enclosure consisting of a masonry screen wall, chain link fencing and gates, and decorative metal fencing with metal gates. 2. Area 565 Actual Procrram Team /Weight 1085 11/88 6/87 Entrance Structure: 360 400 s.f. Entrance 480 Tickets 95 900 s.f. Concession 105 Concession Storage 120 Total Entrance Structure 800 s.f. 250 s.f. Toilet Structure: Men 435 Women 435 Janitor 45 Total Toilet Structure 915 s.f. 450 s.f. Support Structure: Coaches 565 350 s.f. Team /Weight 1085 850 s.f. Storage 360 400 s.f. City Storage 140 Pool Eqpt. & Chemicals 1185 900 s.f. Electrical 190 Total Support Structure Total Structure Area Pool Area to Continuous Slot Drain Hardscape Area Landscape Area _jE IT Total Site Area 3,525 s.f. 5,240 s.f. 3,200 s.f.. 14,940 s.f. 14,790 s.f. 22,820 s.f: 14,860 -s.f. 2,420 s.f. 45,420 s.f. 32,550 s. €. II in ................. Off fp's-is MUNI lorrE FL.&.hI DEL RA- qlc.q -0 6c, 1 1 % loo I I 0 7I� 1-j Yl/ Tj,71111111 SK-1 EMSTNIG 01-0 SK-2 PRO-POSED Attachment C CITY OF NEWPOR.'r BEACH City Manager's Office 949 -644 -3001 January 25, 2012 Mr. Paul Reed Acting Superintendent Newport -Mesa Unified School District 2985 Bear Street Costa Mesa, CA 92626 RE: Marian Bergeson Aquatic Center Joint Powers Agreement Dear Mr. Paul Reed, As follow up to our discussion, the City of Newport Beach, per the terms of the Corona del Mar High School Marian Bergeson Aquatic Center Joint Powers Agreement dated July 11, 1989, hereby formally requests the 25 year renewal period be exercised in an effort to continue our partnership in providing aquatic related services to our community. The terms of the agreement shall remain in full force and effect until July 1 1 "l, 2039. The City of Newport Beach and NMUSD have partnered on many projects over the years at the Marian Bergeson Aquatic Center to include door replacements, office and meeting room remodeling, a new scoreboard, timing systems, shade structures, lighting and parking lot improvements. Support will also be provided next fiscal year for the pool filtration system replacement project. City contributions towards these enhancements have totaled over $1.3 million to date. With the first term of the agreement nearing completion in 2014, it is our desire to continue this partnership to provide top notch aquatic facilities and programs for the community. Furthermore, City funds in the amount of $330,000 have been earmarked for restroom and locker room improvements of the Marian Bergeson Aquatic Center as a portion of the funds necessary to complete the project. It is City I fall ° 3300 - Newport Bocilevard = Post OFlice Box 17/68 Vc�aport L3er.<:IT, r3l,ifo:n;a �33G5P,_$g1:. � •.��ae.ric� +porri?e�chca.gov Letter to Mr. Paul Reed January 25, 2012 Page 2 recognized that this effort is contingent upon fund raising efforts by the community which have not yet been completed. The City of Newport Beach continues to value our partnership with Newport - Mesa Unified School District as we work collaboratively in serving the educational and recreational needs of the community. Thank you for your consideration. Sincerely, Dave Kiff City Manager