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
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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.
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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
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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
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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