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Home My WebLink AboutC-1125 - Cooperative agreement, use of recreation facilitiesTO: Finance Director FROM: City Clerk SUBJECT: Contract Date July 6, 1967 Contract No. C -1125 Authorized by Resolution No. 6586 , adopted on Jun! 26. 1967 Date Mayor and City Clerk executed Contract June 27. 1967 Effective date of Contract June 37, 1967 Contract with Newport -Mess Unified School District Address 1601 Sixteenth Street Newport Beach. California 92660 Brief description of Contract C=nmunity Recreation A`reemeat Amount of Contract .... City Clerk & 0 r -p. 3/30/67 COMMUNITY RECREATION AGREEMENT THIS AGREEMENT made-and entered into this day of yy, t 1967,,by and between the CITY OF NEWPORT BEAC , hereinafter called "City ", and'the NEWPORT =MESA UNIFIED SCHOOL DISTRICT, hereinafter called "District "; WITNESSETH: WHEREAS, Chapter 6 of Division 12 of the Education Code authorizes counties, cities and school districts to cooperate :.with each other in the development, and execution of community* recreation. programs;. and. WHEREAS, the City and the District desire to establish -a basis for the cooperative use of certain of their areas, fadil keb6s:and equipment within the City and District for recreational . ,p1t1�68eS <' ,NOW, THEREFORE t.IT IS AGREED that cooperative use shall • r, fde according to the-following- 1, District_will:make available its facilities and . grounds, with the 6ecessary.equipment and appurtenances for r "eh3a4f' ` y rscreaYfon on, ,all. of . its campuses .upon proper _quest €ram " y�=,'eity'" su ec O t• V .f. to the District, upon application,. the'-use of any recrerat�oas ? facility ;area or equipment owned by the City which the. District -m. require in connection with its public school program, provided the I use of such recreational facility, area or equipment for public:_ school purposes shall. not interfere with its use by_ t he .0 ty fad community recreational purposes, as determined by the City. 2. Such District facilities will be made available to the City 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 zc,gular conduct of school work. The Distri." reserves the right to ca-'el the use of its facilities upon five,(- i i working days' notice when such planned use is considered to be in conflict with the use of such facilities for school purposes., 3. All requests for use of facilities of the District are to be made by the City on forms provided by the District. 4. The District is to be informed of all policies and procedures of the City's operations insofar as they relate to the use of the District's facilities. 5. The City is to be responsible for enforcing the District's policies, procedures, and rules relative to the use of the District's facilities. 6. First priority in the use of District's equipment and facilities shall be given to the District's instructional pro- gram, and secondarily said equipment and facilities shall be used to contribute to the development of the City's recreational program. 7. All requests for use of facilities of the District shall be presented to the office of the District Coordinator not less than ten (10) working days before such use, except in cases of -'.;.; emergency. -- — -. v 8. The District agrees to provide within its budgn-,:0- _ ' a. All custodial services, maintenance, and operation costs for the District facilities. b.. Transportation through use of school buses for special recreation activities (limit 5,000 miles per fiscal year). c. Athletic equipment and other recreation equip- ment on an "inventory in -out" basis. 9.. The City shall present a projected annual program for the use of the facilities of the District to the District's superintendent. This program shall be presented not later than April 10 of each year. It shall include the projected use during the summer months, indicating the services offered, facilities needed and equipment required. Upon approval of this request, 0 E • e 9 the District shall make available to the City the necessary equipment for the operation of the approved program it conducts on the facilities of the District. 10. The City shall provide the District with an annual report, stating the number of people served, the types of programs conducted and the actual cost of operation, on or before August 31st, covering activities during the previous fiscal year. 11. In the event the District enters into an agreement similar to this agreement with the Costa Mesa Park and Recreation District, said agreement shall provide that the Costa Mesa Park and Recreation District shall be restricted to reserving facili- ties within their municipal boundaries and that the Costa Mesa Park and Recreation District shall cooperate with the City in scheduling use of the District stadium. City agrees to cooper- ate with the Costa Mesa Park and Recreation District in sched- uling use of the District stadium. With the exception of the above facility, it is further agreed that the City shall restrict its facility use requests to those District facilities located . within the boundaries of the.City for- the purpose of resolving any possible conflicts in the use of the facilities of the Dist by either the City or the Costa Mesa Park and Recreation District. 12. The City shall select and provide all paid or voluntary personnel necessary to conduct and organize recreation, activities upon facilities of the District. Qualified school personnel shall be considered for employment by the City whenever possible. 13. The City shall, in cooperation with the District, determine the type, length and philosophy of recreational activ- ities which it conducts upon facilities of the District. If a charge is made in any form, even to cover expenses, for a recre- ation activity on a District facility, advance approval shall be secured from the District. Such funds received shall remain 0 with the City to be used by the City to help defray the cost of the recreation activity. Such charges shall not preclude any boy or girl from participation in the program strictly because of lack of funds. 14. The District shall provide the City with summer maintenance schedules well in advance. It is agreed that such cooperation is for the purpose of alleviating any possible con- flicts in the use of the facilities and negating any inconvenience to the citizens of the,community. 15. The District shall provide office space to the City during the summer months. It is further agreed that the District shall provide storage facilities to the City on a year -round basis. i 16. The City shall be responsible for the installation and operational charges assessed for additional telephones installed-= on District facilities for use by the City. 17. All expendable supplies shall be provided by the City. , 18. The party using the recreational facilities, areas or equipment of the other pursuant to this agreement will repair, or cause to be -repaired, or will reimburse the owner for the cos A of repairing, damage done to said facilities, areas or.equipment ; during the period of such use other than that attributed to ord- inary and reasonable use. 19. The party using any recreational facility, areas, or equipment pursuant to this agreement shall hold the owner free and harmless from any liability arising from or as a result of said use and will carry public liability insurance to provide protection against the risk of injury to persons and property. 20 Any playground equipment., picnic facilities, rest rooms, and recreation buildings, including lighting facilities and accessories, which may be installed by City on the real property of the District, with the approval of said District, shall be installed, maintained, and serviced by the City and 4. Y J' removed by City within a reasonable time after the termination or applicable modification of any joint community recreation program between the parties to this agreement, 21. Any such playground equipment, picnic facilities, rest rooms, and recreation buildings, including lighting facilities and accessories, which may be installed and maintained by said City are and shall remain the personal property of said City, and shall not become a part of the real property of said District regardless of the manner in which the same are or may be attached to the real property of said District. In the event of removal of such items, the areas, property, facilities or equipment shall be returned to the District in their original state, reasonable wear and tear excepted., 22. Except as herein provided, for the purposes of the administration of this agreement, City means the City Manager or a City employee designated by him. Any person dissatisfied with ; a decision of the City Manager may take any matter to the City Council and its decision shall be final. This agreement shall supersede all: e r ements and be a continuing agreement in force and effect from the date hereof, and until the Z9,0day of 196 This agreement may be renewed annuad by mutual agreement of the parties hereto either upon the same terms as herein set out or such other terms as the parties herein shall negotiate. IN WITNESS WHEREOF, the City and the District have caused this agreement to be executed pursuant to authorization by their respective governing bodies... Dated. A /mI. 02'7. 1910 _ APPROVED AS T_0_ FORM Tully H. Seymour, Cit Attorney 5. CITY 0 NEWPORT BEACH By � JCAQn )n Mayor 11 Attest, ` /City Clerc� CITY Dated. — 0 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24!, 25 26 27 28 29 30 31 32 Pm Tem 02 . 1,. a5 June 28, 1967 PBSR DIRECTOR City Clerk COMMUNITY RECREATION AGREEMENT WITH THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT. Attached are two executed copies of subject agreement for your office and for transmittal to the Unified School District. Said contract was authorized by the City Council on June 26, 1967 by the adoption of Resolution No. 6588, copies of which are attached. ■�ST':Sf�T:.: LL:ih Att: -- �:. �� ... �_ S Ot-1 22Crn C7� A ►-� l� 1Zc- tour -1 (0 N�' Si�Mc'1� Copv From the desk of the DUtVOR r� �3 Aor Ii L' �J Ot-1 22Crn C7� A ►-� l� 1Zc- tour -1 (0 N�' Si�Mc'1� Copv NEWPORT —MESA UNIFIED SCHOOL DISTRICT 1601 SIXTEENTH STREET NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (7141 646 -3224 June 16, 1967 Mr. Cal Stewart, Director Newport Beach Recreation Department 1714 West Balboa Blvd. Newport Beach, California Dear Cal; BOARD OF EDUCATION JAMES W. PEYTON. PREBm Be* DONALD A. STRAUSS, u.E.B MARIAN C. BERGESON, MEMBER LLOYD E. BLANPIED,JR., MEMBER ELIZABETH M. LILLY, MEMBER RODERICK N. MACMILLIAN, MEMBER EARL G. PETERSON, MEMBER Enclosed, please find two (2) copies of the 1967 -68 Joint - Powers Agreements accepted and approved by our Board of Education on June 12, 1967. Dr. Newcomer has signed the agreements. We now ask that you have these forms signed by your agents and return one copy to me. mb Encl: Yours truly, 1 L o Arranaga Coordinator of Student A Ivities FGRI . Cr To: From: Subject: CITY OF NEWPORT BEACH CITY ATTORNEY "" `.NT City Clerk City Attorney June 15, 1967 Community Recreation Agreement with Newport -Mesa Unified School District Transmitted is a resolution which, if adopted by the City Council, will authorize the execution of a Community Recreation Agreement with the Newport -Mesa Unified School District for the cooperative use of their recreational facilities, areas, and equipment for purposes of community recreation. Copies of the proposed agree- ment are attached, on page 5 of which you will note the termination date has been left blank, for insertion thereof when it has been determined. The Parks, Beaches and Recreation Director has requested that this matter be presented to the Council for consideration at the meeting on June 26, 1967, and that copies of the agreement be attached to the agenda packages. THS:mec Atts. cc - City Manager P.B. & R. Director T NI ully Se City ttorney y