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HomeMy WebLinkAboutC-1172 - Joint Powers Agreement, Community recreationDate June 20, 1968 _Fin_ ance TO: Department FROM: City Clerk SUBJECT: Contract No. iii,) Project COM= RECREATION AGREEMENT NEWPORT MESA UNIFED SCHOOL DISTPICT YOUR FILES. Attached is copy of subject contract for Contractor: iieNpe+i'E �4eea "Aad Se) ie�,B t�daL Address: 1601 Sixteenth Street. Newport Beach. Calif. Amount: $ Effective Date Resolution No. Laura Lagios LL: dg Att. MVO S �� June 12, 1968 PB6R DIRECTOR CAL STEWART City Clerk Community Recreation Agreement with the Newport -Ness unified School District Attached is a duly executed copy of subject agreement for transmittal to the unified School District. We have retained the original for our files. Said agreement was authorized by the Council on June 10, 1968 by the adoption of Resolution No. 6787, copy of which is attached. Also attached is ant1.msigned copy of the agreement for your files. M . LL:ih Enc. A Y i- +.'bs -v 0 NEWPORT -MESA UNIFIED SCHOOL DISTRICT 1601 SIXTEENTH STREET BOARD OF EDUCATION NEWPORT BEACH. CALIFORNIA 92660 Mr. Cal Stewart, Director Parks and Recreation City of Newport Beach 1714 W. Balboa Blvd. Newport Beach, California Dear Cal: 240 DONALD A.STRAUSS PRESIDENT ELIZABETH M. LILLY CLERK MARIAN C. BERGESON LLOYD E. BLANPIED. JR. SELIM S. FRANKLIN RODERICK H. MACMILLIAN JAMES W. PEYTON May 28, 1968 (714) 646 -3224 Enclosed, please find two (2) copies of the Joint Powers Agreement adopted by our Board of Education at a regular meeting on May 21, 1968 and signed by Dr. L. B. Newcomer as secretary to the Board. When your city has properly approved and signed the agreement, please keep one copy for the city files and return a completed copy to me for transmittal to the Superintendent. (Please have the proper city official initial the change at the bottom of page 1 as was done by Dr. Newcomer.) ,2 In addition, please let me once again express my sincere thanks for the excellent cooperation received from you and the city on this matter. Continued best wishes. mb cc: Dr. L. B. Newcomer Dr. W. Cunningham Dr. N. R. Loats Yours truly, jLeo A r ordinator of Pu Personnel Iu- ILE: � t� t • II TLW-aem 4/15/68 240 COMMUNITY RECREATION AGREEMENT THIS AGREEMENT made and entered into this day of , 1968, by and between the CITY OF NEWPORT BEA a 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, facil- ities and equipment within the City and District for recreational purposes; NOW, THEREFORE, IT IS AGREED that cooperative use shall be made according to the following- 1. District will make available its facilities and grounds, with the necessary equipment and appurtenances for com- munity recreation on all of its campuses upon proper request from the City subject to the conditions noted herein. City agrees to grant to the District, upon application, the use of any recreational facility, area or equipment owned by the City which the District may require in connection with its public school program, provided the use of such recreational facility, area or equipment for public school purposes shall not interfere with its use by the City for 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 regular conduct of school work. The District reserves the right to cancel the use of its facilities upon €� working days' ndtice 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 Districts 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 District Business Office not less than ten (10) working days before such use, except in cases of emergency. 8. The District agrees to provide within its budget- 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 March 15 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, 2. 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 April 10th, covering activities for the previous nine month period. 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 District 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 recreational 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 3. 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. 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. City. 17. All expendable supplies shall be provided by the 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 cost 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. 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 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. If not sooner terminated, this agreement shall terminate twenty -five (25) years from its effective date. IN WITNESS WHEREOF, the City and the District have caused this agreement to be executed pursuant to authorization by their respective governing bodies. Dated; CITY OF NEWPORT BEACH By Mayor APPROVED AS TO FORMo Tully J1. Seym , City Attorney 5. Attest: CiyCJ-rk� CITY J e a Dated: NEWPORT -MESAA UNIFIED SCHOOL DISTRICT By B. Newcomer Secretary to the Board of Education 6. DISTRICT 1 3 4 5 6 7 8 9 10 ZZ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26i 271 281 29 30 31 321 s �U* Olt 'fir CITY UNUA* OF TO or 36A =IFUD U this )�, � Of � CITY OF NEWPORT BEACH CI ATTORNEY To: City Clerk From: City Attorney 240 June 6, 1968 Subject: Community Recreation Agreement with Newport -Mesa Unified School District Transmitted are: 1. Two copies of the subject agreement, both of which have been approved by me as to form and executed on behalf of the School District. 2. Letter from Leo Arranaga of the Newport -Mesa Unified School District to the P. B. & R. Director, dated May 28, 1968, relating to the execution of the agreement. 3. Extra copies of the subject agreement, for inclusion in the Council agenda packages for the meeting of June 10. 4. Proposed resolution which, if adopted by the City Council, will authorize the execution of the agreement. The Parks, Beaches and Recreation Director requested that this matter be prepared for Council consideration at their meeting on June 10, 1968. THS:mec Atts. cc - City Manager P.B. & R. Director k/- Tully Se r City ttorney