HomeMy WebLinkAboutC-1420 - Joint Powers Agreement for Olympic Pooli.-
January 28, 1972
Mr. Paymond R. Schrderer, Business Manager
fteport-Pisa Unified School District
P. 0. Box 1368
Newport Beach, CA 92663
Enclosed are executed original and one copy of a joint
powers agreement between the City and the Newport -P*sa
Unified School District for the development and use of
an Olympic pool at Newport Harbor High School.
Mie agreement was authorized by the City Catricil, an
January 24 by the adoption of Resolution No. 7608.
city Clark
LL:swk
enc. 2
cc: City Attorney
Finance Director
PBSR Director
• I'� RESOLUTION 15 -1 -72
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AGREEMENT
Pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the
State of California (Sections 6500 to 6513), a Joint Powers Agreement is made and
entered into this 18th day of January , 1972, by and between the CITY
OF NEWPORT BEACH, a municipal corporation, hereinafter called "City ", and
the NEWPORT -MESA UNIFIED SCHOOL DISTRICT, hereinafter called "District ":
WITNESSETH
WHEREAS, it has been determined that there is a need to construct an
Olympic -size pool in the Newport Beach area; and
WHEREAS, Newport Harbor High School has been selected as the site for said
Olympic pool which will replace the pool already existing at the High School; and
WHEREAS, the City and the District have agreed to participate jointly in the
development and construction of the proposed Olympic pool , with the City contributing
$87,500, or 25 %, toward the total estimated $350,000 cost of the pool, and the District
and community contributions supplying the remaining majority of the total cost; and
WHEREAS, it has been agreed that the City will have the use of the proposed
new pool for recreational and instructional purposes on approximately the same basis
as the City's use of the existing pool in the past;
NOW, THEREFORE, IT IS AGREED between the parties as follows:
1. Construction and Site of Pool
It will be the responsibility of the District to coordinate the construction
of the 50 -meter Olympic swimming pool on the campus of the Newport Harbor High
School, and it is understood that the procedure of public bidding relating to the award
of contracts on public works projects will be observed.
2. City's Contribution
City will contribute $40,500 toward the cost of the proposed Olympic
pool in the fiscal year 1971 -72, and an additional $47,000 in the fiscal year 1972 -73,
which wi II complete the City's 25% commitment of $87,500 toward the estimated
$350,000 total cost of the pool; in the event the scope of the project is reduced from
the estimated $350,000, then the City's share will be reduced proportionately.
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3. Use of Pool by City
District will have administrative control over the scheduling of the use
of the pool facility; City will coordinate with the District the use of the pool for
City - sponsored swimming classes and recreational activities. It is understood that use
of the pool by the City will be on a first - priority basis after all legitimate school uses
have been met.
4. Hold Harmless
It is mutually understood and agreed as follows:
(a) That neither District nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted
to be done by City in connection with any work, authority or jurisdiction delegated to
City under this agreement.
(b) Pursuant to Government Code Section 895.4, City shall fully
indemnify and hold District harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done or omitted
to be done by City in connection with any work, authority or jurisdiction delegated to
City under this agreement.
(c) That neither City nor officer or employee thereof is responsible
for any damage or liability occurring by reason of anything done or omitted to be done
by District in connection with any work, authority or jurisdiction not delegated to the
City under this agreement.
(d) Pursuant to Government Code Section 895.4, District shall fully
indemnify and hold the City harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done or omitted
to be done by District in connection with any work, authority or jurisdiction not
delegated to City under this agreement.
5. Term
The term of this agreement shal I be for a period of twenty -five (25).
years.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement
as of the day and year first above written.
NEWPORT —MESA UNIFIED SCHOOL "STRICT
By: M, l �-_-
President, board of Education
By: 0_,4
Vice President /Clerk, Bodfd of Education
District
CITY OF NEWPORT BEACH
By:
` Mayor
Attest:
City CleT rk
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City
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