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HomeMy WebLinkAboutC-2114 - Joint Powers Agreement for Use of Recreational FacilitiesCITAF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR � t ti1L�- z -zs -Y7 FROM: CITY CLERK DATE: February 25, 1987 SUBJECT: Contract No. C -2114 Description of Contract Joint Powers Agreement for Recreation Facilities Usage Effective date of Contract February 25, 1987 Authorized by Minute Action, approved on February 23, 1987 Contract with Newport -Mesa Unified School District Address P.O. Box Newport Beach, CA 92663 Amount of Contract Not Applicable " ' Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach � i 1 CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department BY THE CITY CCJNCIL CITY OF NEEYPORT BEACH February 23, 1987 FEB 23 imi CITY COUNCIL AGENDA APPROVED ITEM NO. TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT: JOINT POWERS AGREEMENT - NEWPORT -MESA UNIFIED SCHOOL DISTRICT Recommendation: Authorize the Mayor and City Clerk to execute the Agreement as amended. Discussion: The Joint Powers Agreement has been a long standing a relationship with the School District that allows equipment and services. This Agreement has enabled tion programs utilizing school athletic facilities savings to residents because expensive facilities h public agencies. document that has provided an exchange of facilities, the City to provide recrea- that has resulted in ive not been duplicated by Specifically, the Agreement has been proposed to be amended to include a state- ment on liability responsibility as it relates to our use of school facilities for community recreation programs. The amendment reads: CITY agrees to protect, indemnify and hold harmless the DISTRICT, its Board Members, officials and employees from any and all claims, demands, liabilities and obligations of whatsoever nature, including attorneys fees and court costs arising out of or in connection with any negligent act or omission of CITY or the occupancy or use of the leased premises or any part thereof by CITY or directly or indirectly from any state or condition of the premises or any part thereof arising out of the operation and maintenance of the leased premises. CITY further agrees that DISTRICT shall not be liable at any time for any loss, damage, or injury to the leased premises or any person whomsoever at any time occasioned by or arising out of any negligent act or omission of the CITY, or directly or indirectly from any state or condition of the leased premises or any part thereof caused by any negligent act or omission of the CITY. Both the County counsel and our City Attorney's office have reviewed the proposed language and are satisfied with the amendment. In addition, the Parks, Beaches and Recreation Commission at their meeting of February 3, 1987 recommended that the City Council execute the amended Agreement. Ronald A. Whitley oy) 3 JOINT POWERS AGREEME. I 41 5 WHEREAS, the Newport Beach Departme Recreation, hereinafter referred to as "C 6 Mesa Unified School District, hereit "DISTRICT" are both authorized to organiz 7 programs for community recreation; and 8 WHEREAS, the DISTRICT has facilities for community recreation on the campuses o 9� by said DISTRICT; and 10' WHEREAS, it is desired that the CITY have priority to use 11Isaid facilities when such facilities are not being used by the DISTRICT for educational purposes, use of school facilities will' be permitted in the following order of priority: 12 1. Regular school programs, including Summer School 13 activities. 141 2. CITY sponsored and /or school connected youth programs, e.g., Harbor Area Baseball Program. r 15; 3. Other oy uth activities 16I 4. CITY adult programs 17, 5. Other adult programs 181 NOW, THEREFORE, IT IS AGREED that cooperative use shall be 19! made according to the following: 20� 1. The DISTRICT will make available its facilities and grounds, with the necessary equipment and appurtenances for 21 community recreation on all of its campuses upon proper request from the CITY, subject to the conditions noted herein. 22 CITY agrees to grant to DISTRICT, upon application, the use 23 of any recreational facility, area, maintenance service, or equipment owned by the City of Newport Beach which the DISTRICT 24 may require in connection with its public school program, provided the use of such recreational facility, area, maintenance service, 25 or or equipment for public school purposes shall not interfere with its use by the CITY for community recreational purposes. 26 2. Such DISTRICT facilities will be made available as long 27 as the use in no way conflicts with the use of the DISTRICT'S buildings, grounds or equipment for school purposes or interferes 28 with the regular conduct of school work. The DISTRICT reserves the right to cancel the use of its facilities upon seven (7) working days notice when such planned use is considered to be in conflict with the use of such facilities for school purposes. I) REF. 34.5 .2 3, I 41 51' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1b 0 C -ziiV JOINT POWERS AGREEMENT WHEREAS, the Newport Beach Department of Parks, Beaches and Recreation, hereinafter referred to as "CITY ", and the Newport - Mesa Unified School District, hereinafter referred to as "DISTRICT" are both authorized to organize, promote and conduct programs for community recreation; and WHEREAS, the DISTRICT has facilities and grounds available for community recreation on the campuses of the schools maintained by said DISTRICT; and WHEREAS, it is desired that the CITY have priority to use said facilities when such facilities are not being used by the DISTRICT for educational purposes, use of school facilities will be permitted in the following order of priority: 1. Regular school programs, including Summer School activities. 2. CITY sponsored and /or school connected youth programs, e.g., Harbor Area Baseball Program. 3. Other oy uth activities 4. CITY adult programs 5. Other adult programs NOW, THEREFORE, IT IS AGREED that cooperative use shall be made according to the following: 1. The DISTRICT will make available its facilities and grounds, with the necessary equipment and appurtenances for community recreation on all of its campuses upon proper request from the CITY, subject to the conditions noted herein. CITY agrees to grant to DISTRICT, upon application, the use of any recreational facility, area, maintenance service, or equipment owned by the City of Newport Beach which the DISTRICT may require in connection with its public school program, provided the use of such recreational facility, area, maintenance service, or equipment for public school purposes shall not interfere with its use by the CITY for community recreational purposes. 2. Such DISTRICT facilities will be made available 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 seven (7) working days notice when such planned use is considered to be in conflict with the use of such facilities for school purposes. REF. 34.5 3. All requests for use of facilities of the DISTRICT are 3i to be made by the CITY on forms provided by the DISTRICT. 4I 4. All requests for use of facilities and /or equipment of 5 the CITY are to be made by the DISTRICT on forms provided by the CITY. 6 5. The DISTRICT is to be informed, in writing, of all 7 policies and procedures of the CITY's operations insofar as they relate to the use of the DISTRICT'S facilities. 8j 6. The CITY is to be responsible for enforcing the 9 DISTRICT's policies, procedures and rules relative to its use of the DISTRICT's facilities as determined by the Board of Education lO,Iin DISTRICT Rule and Regulation No. 7410. lli 7• As the DISTRICT develops facilities on its campuses, its facilities shall first provide and assist in the instructional 12' program and second, add to the CITY's program development. 13I8. All requests for use of facilities and equipment of the DISTRICT shall be in the office of the Business Manager not less 14 than ten (10) working days before such use. 15; 9. The DISTRICT agrees to provide at a mutually agreed upon IIrate all custodial services, maintenance and operations costs 16 for the DISTRICT facilities. 10. In the event the DISTRICT enters into a like or similar 17 agreement to this agreement with the City of Costa Mesa, they 181shall provide in said agreement that the City of Costa Mesa shall 19`be restricted to reserving facilities within their municipal boundaries and that the City of Costa Mesa shall cooperate with the CITY in scheduling use of the DISTRICT stadium and the 20IDISTRICT olympic swimming pool. With the exception of the above facilities, it is further agreed that the CITY shall restrict its 21 facility use requests to those DISTRICT facilities located within the boundaries of the CITY. It is agreed that such cooperation is 22 for the purpose of resolving any possible conflicts in the use of the facilities of the DISTRICT by either the CITY or the City of 23 Costa Mesa. 24 11. The CITY shall present to the DISTRICT, through the Superintendent of the Newport -Mesa Unified School District, a g5 projected annual program for the use of facilities of the DISTRICT. 26 12. The CITY shall provide the DISTRICT with an annual 27 report which shall identify the groups served, the type of program conducted and the actual cost of operation of CITY programs on 28 DISTRICT facilities on or before July 10 for the previous fiscal I year. REF. 34.6 13. The CITY shall select and provide all paid or voluntary 31 personnel necessary to conduct CITY recreational activities upon! 4` DISTRICT facilities. 5 14. If a charge is made in any form, even to cover expenses for a recreation activity on a DISTRICT facility, advance approval 6 shall be secured from the DISTRICT. Such funds received shall] remain with the CITY to be used to help defray the cost of the 7 recreation activity. Such charges shall not preclude any boy or girl from participation in the program strictly because of lack of 81 funds. 9I "No events for which an admission price is charged shall be held pursuant to Chapter 10 of the 10' Education Code of the State of California (commencing ` at Section 10900), except amateur athletic contests, 111 demonstrations or exhibits and other educational and 1 non - commercial events." 12 15. The DISTRICT shall provide the CITY with summer 13Imaintenance schedules well in advance. It is agreed that such cooperation is for the purpose of alleviating any possible 14� conflicts in the use of the facilities and negating any incon- i venience to the citizens of the community. 15; 16. The DISTRICT shall provide reasonable office space at 16� swimming pool locations to the CITY during summer months. It is 3.71 further agreed that the DISTRICT shall provide reasonable storage facilities to the CITY on a year round basis. 181 17. The CITY shall be responsible for the installation and operational charges assessed for additional telephones installed 141 on a DISTRICT facility for use by the CITY. 20 18. All expendable supplies shall be provided by the CITY. 21 19. The CITY shall be financially responsible for damages or 22 losses to DISTRICT facilities and equipment beyond fair wear and tear during the. use by the CITY, and the DISTRICT shall be 23 financially responsible for damages or losses to CITY facilities and equipment during use by the DISTRICT. 24 20. CITY agrees to protect, indemnify and hold harmless the 25 DISTRICT, its Board Members, officials and employees from any and all claims, demands, liabilities and obligations of whatsoever 26 nature, including attorneys fees and court costs arising out of or in connection with any negligent act or omission of CITY or the 27 occupancy or use of the leased premises or any part thereof by CITY or directly or indirectly from any state or condition of the 28 premises or any part thereof arising out of the operation amd I maintenance of the leased premises. CITY further agrees that DISTRICT shall not be liable at 1 any time for any loss, damage, or injury to the leased premises or tlany person whomsoever at any time occasioned by or arising out of REF. 34.7 3 4 5 6 7 8j 9� 10' 11I 12 13 14 15 16 17 18 19 20 21' 221 231 24 li 25, 26 27 28 41- any negligent act or omission of the CITY, or directly or indirectly from any state or condition of the leased premises or any part thereof caused by any negligent act or omission of the CITY. 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. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be executed by the Mayor of the City Council of the City of Newport Beach, acting as the governing board of the Parks, Beaches and Recreation Department, attested by its Clerk thereunto duly authorized, and the DISTRICT has caused this Agreement to be executed by its Board of Education on the date written opposite their signatures. /^� /� Dated: 9-0?5 , 19817 CI 0 E RT �FJAO6 / ATTEST: By: _ c / City Clerk, City of Dated: January 13 , 198L_7 NEWPORT -MESA UNIFIED SCHOOL DISTRICT By Me. REF. 34.8 0 CITY OF NEWPORT BEACH e. OFFICE OF THE CITY CLERK o�t,FOapJ (714( 640 -2251 T0: FINANCE DIRECTOR FROM: CITY CLERK DATE: July 27, 1984 SUBJECT: Contract No. C -2114 Description of Contract Joint Powers Agreement for Recreation Facilities Usage Effective date of Contract June 12, 1984 Authorized by Minute Action, approved on May 14, 1984 Contract with Newport -Mesa Unified School District Address P.O. Box 1368 CA 92663 Amount of Contract Not Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH (714) 640 -2151 May 15, 1984 Dr. John Nicoll, Superintendent Newport -Mesa Unified School District P.O. Box 1368 Newport Beach, Calif. 92663 Dear Dr. Nicoll: Attached, you will find six copies of the executed document of the Joint Powers Agreement between the City of Newport Beach and the School District. It will be appreciated if you would cause your Board to execute said document and return three copies to me for our files. The other Joint Powers Agreement relating to the Olympic Pool was referred back to staff for addition- al study. Ron Whitley, the City's Parks, Beaches and Recreation Director, will contact your staff to re- view our concerns with the new proposed agreement about the pool. cerely, ROBERT L. WYNN City Manager Attachments CC: Ron Whitley, P, B & R Director City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 ! 0 RESOLUTION • JOINT POWERS AGREEMENT . WHEREAS, the Newport Beach Department of Parks, Beaches I 2 and Recreation, hereinafter referred to as the "CITY," and the 3llNewport -Mesa Unified School District, hereinafter referred to 5I 6 7 8 20 n 22 23 34 25 26 27 29 16 20 21 22 23 24 25 26 27 2a as the "SCHOOL DISTRICT" are both authorized to organize, . promote and conduct programs for community recreation; and WHEREAS, the SCHOOL DISTRICT has facilities and grounds available for community recreation on the campuses of the schools maintained by said SCHOOL DISTRICT: and WHEREAS, it is desired that the CITY have priority to use said facilities when such facilities are not being used by the SCHOOL DISTRICT for educational purposes, use of school facilities will be order of oriority: 1. Regular school programs, including Summer School activities 2. City- sponsored and /or school- connected youth programs 3. Other youth activities 4. City adult programs 5. Other adult programs NOW, THEREFORE, IT IS AGREED that cooperative use shall Ibe made according to the following: 1. The SCHOOL DISTRICT and CITY will make available their facilities, grounds and services with the necessary equipment and appurtenances for community recreation on all of their campuses upon proper request from the CITY, subject to the conditions noted herein. The CITY agrees to grant to the SCHOOL DISTRICT, upon application, the use of any recreational facility, area, -1- I' ?:;maintenance service, or equipment owned by the City of Newport 21 Beach which the SCHOOL DISTRICT may require in connection with its 3 Ipublic school program, provided the use of such recreational 4 Ifacility, area, maintenance service, or equipment for public school I 5 1purposes shall not interfere with its use by the CITY for community 6 recreational purposes. 7 2. Such SCHOOL DISTRICT facilities will be made 8 available as long as the use in no way conflicts with the use 9 of the SCHOOL DISTRICT'S buildings, grounds, or equipment for lO school purposes or interferes with the regular conduct of school 11 work. The SCHOOL DISTRICT reserves the right to cancel the use 12 of its facilities upon seven (7) working days notice when such 13 planned use is considered to be in conflict with the use of such 14 facilities for school purposes. 15 3. All requests for use of facilities of the SCHOOL 16•DISTRICT are to be made by the CITY on forms provided by the 17 SCHOOL DISTRICT. 18 4. All requests for use of facilities and /or 29 equipment of the CITY are to be made by the SCHOOL DISTRICT on 20 forms provided by the CITY. 21 5. The SCHOOL DISTRICT is to be informed in writing 22 of all policies and procedures of the CITY'S operations insofar 23 as they relate to the use of the SCHOOL DISTRICT'S facilities. 24 6. The CITY is to be responsible for enforcing the 25 SCHOOL DISTRICT'S policies, procedures, and rules relative to its 26 use of the SCHOOL DISTRICT'S facilities as determined by the Board 27 of Education in District Rule and Regulation 7410. 28 -2- 2 i? 7. As the SCHOOL DISTRICT develops facilities on 2' its campuses, its facilities shall first provide and assist in 31 the instructional program and second, add to the CITY'S program 41 1 development. 51 6 6. All requests'for use of facilities and equipment 7 of the SCHOOL DISTRICT shall be in the office of the Business 8 Manager not less than ten (10) working days before such use, 9 except in cases of emergency. 10 9. The SCHOOL DISTRICT agrees to provide at a 11 mutually agreed upon rate all custodial services, maintenance, 12 and operation costs for the District facilities. 13 10. In the event the SCHOOL DISTRICT enters into a 14 like or similar agreement to this agreement with the City of 15 Costa Mesa, they shall provide in said agreement that the City 16 of Costa Mesa shall be restricted to reserving facilities within 17 their municipal boundaries and that the City of Costa Mesa shall 18 cooperate with the CITY in scheduling use of the District stadium 18 and the District olympic swimming pool. It is agreed that the 20 CITY will cooperate with the City of Costa Mesa in scheduling 21 use of the District stadium and District olympic swimming pool. 22 With the exception of the above facilities, it is further agreed 23 that the CITY shall restrict its facility use requests to those 24 SCHOOL DISTRICT facilities located within the boundaries of the 25 CITY. It is agreed that such cooperation is for the purpose of 26 resolving any possible conflicts in the use of the facilities 27 of the SCHOOL DISTRICT by either the CITY or the City of 28 Costa Mesa. -3- 1' 1 11. The CITY shall present to the SCHOOL DISTRICT 'Z.:through the Superintendent of Schools a projected annual program 3 Ifor the use of the facilities of the SCHOOL DISTRICT. This 4 1 program shall be presented not later than May 1 of each year. 1 6 1 12. The CITY shall provide the SCHOOL DISTRICT with 6 an annual report which shall identify the groups served, the type of program conducted and the actual cost of operation of CITY 8 programs on SCHOOL DISTRICT facilities on or before July 10 for 6 the previous fiscal year. 10 13. The CITY shall select and provide all paid or 11 voluntary personnel necessary to conduct and organize recreational 12 activities upon facilities of the SCHOOL DISTRICT. 13 14. If a charge is made in any form, even to cover 14 expenses for a recreation activity on a SCHOOL DISTRICT facility, 15 advance approval shall be secured from the SCHOOL DISTRICT. Such 16• funds received shall remain with the CITY to be used to help 17 defray the cost of the recreation activity. Such charges shall 18 not preclude any boy or girl from participation in the program 29 strictly because of lack of funds. 20 "No events for which an admission price is 21 22 charged shall be held'pursuant to Chapter 10 of the Educational Code of the State of 23 California (commencing at Section 10900), 24 except amateur athletic contests, 25 demonstrations, or exhibits and other 26 educational and non - commercial events." 15. The SCHOOL DISTRICT shall provide the CITY with 28 summer maintenance schedules well in advance. It is agreed -4- ;'that such cooperation is for the purpose of alleviating any 2 + possible conflicts in the use of the facilities and negating any 4 linconvenience to the citizens of the community. 16. The SCHOOL DISTRICT shall provide reasonable 5 6 office space at swimming pool locations to the CITY during the 7 summer months. It is further agreed that the SCHOOL DISTRICT shall 8 provide reasonable storage facilities to the CITY on a year -round basis. 9 10 17. The CITY shall be responsible for the installation 11 and operational charges assessed for additional telephones 12 installed on a SCHOOL DISTRICT facility for use by the CITY. 13 18. All expendable supplies shall be provided by the 14 CITY. 15 19. The CITY shall financially be responsible for 16 damages or losses to SCHOOL DISTRICT facilities and equipment 17 beyond fair wear and tear during the use by the CITY. 18 20. The CITY shall provide necessary and adequate 19 liability insurance to cover liability arising out of negligence 20 on the part of its agents, officers, and employees during such 21 time as the CITY uses SCHOOL DISTRICT facilities. 22 This agreement shall supersede all previous agreements 23 and be a continuing agreement in force and effect from.the date of 24 execution by the last party to execute same and shall continue 25 from year to year until its termination. Said agreement maybe 26 terminated by either party upon thirty (30) days' prior written 27 notice. 28 -5- 1� i� 3( 4``I i 5� 6 7 Si 10 11 12 13 14 15 16 17 18 19 20i 21, 22' 231 24 25 26 27 28 IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be executed by the Mayor of the City Council of the City of Newport Beach, acting as the governing board of the Parks, Beaches and Recreation Department, and attested by its Clerk thereunto duly authorized, and the SCHOOL DISTRICT has caused this AGREEMENT to be executed by its Board of Education on the date written opposite their signatures. Dates: MAY 17 1984 1984 NEWPORT BEACH ATTEST: By: Rafyor oy the Tity of Newport Beach By: 4" City Clerk EAVT� City of Newport Beach Dates: June 12, 1984 NEWPORT -MESA UNIFIED SCHOOL DISTRICT By v MAIM ers of its Anarif of Education ME CITY OF NEWPORT BEACH G _ C, I(.I Parks, Beaches and Recreation Department BY THE City COUNCIL CITY OF NEWPORT BEACH May 14, 1984 MAY 141984 CITY COUNCIL AGENDA ITEM NO. T--1 — TO: Mayor and City Council it FROM: Parks, Beaches and Recreation Director SUBJECT: . JOINT POWERS AGREEMENT - NEWPORT-MESA UNIFIED SCM DISTRICT If desired, take action on the recommendations or transmit recommendations to the City - School Liaison Committee for review. Recommendations: 1. Terminate the Landscape Maintenance Agreement with the School District. Accept the proposed changes as corrected to the Joint Powers Agreement as transmitted by the School District. i�3 ) Pursue a revision to the fee schedule as adopted by the Board of Trustees for the use of school facilities. Discussion: This Department has had a number of meetings to determine a workable solution to a complex issue of retaining the use of public school facilities on an equitable, affordable basis for youth and adult recreational purposes. Our use of school facilities is important as they have many facilities, i.e., gyms, swimming pools, athletic fields, that the City does not have in our park system. This is not a shortcoming, by the way, as the efficient use and development of public facilities by a community should be done in a manner that avoids duplication of expensive facilities when possible. By terminating the Landscape Maintenance Agreement, we will be able to assess fees for the use of school facilities on a direct special interest user basis. This will be fair and each user group will know up front what the cost of the activity will be as it relates to the use of school facilities. The amendments to the Joint Powers Agreement as proposed by the School District are acceptable as the adopted fee schedule can be negotiated to a point that facilities can be obtained within a reasonable cost. As fees are negotiated with the District, it should be pointed out that a fair share is not necessarily a direct ratio to the maintenance cost of a facility. As an example, the cost of maintenance for a pool, gymnasium or athletic field does not increase or decrease significantly by the number of hours it is used daily. In many cases the cost is the same as certain functions must occur whether the facility is used or not. E'. P f f The Parks, Beaches and Recreation Commission unanimously supported the recommendations at their meeting of May 1, 1984. We look forward to pursuing this matter and appreciate having the matter go to the Joint City's - School District Liaison Committee or the City Council for resolve. C9 L s i • 7410 NEWPORT- MESA UNIFIED SCHOOL DISTRICT RULESAND REGULATION USE OF SCHOOL FACILITIES UNDER THE CIVIC CENTER ACT INTRODUCTION California law permits the Governing Board of a school district to grant the use of school buildings or grounds for public, literary, scientific, recrea- tional, or educational meetings, or for the discussion of matters of general or public interest. The Board of Education may also establish such terms and conditions of usage as it deems proper, subject to the limitations, require- ments, and restrictions set forth in the Education Code of the State of Cali- fornia. The schools are more and more becoming centers where both children and adults may learn and where community groups mays -meet to serve common needs. It is important that definite rules and regulations be formulated to implement adopted policies relating the use of school facilities under the Civic Center laws. These rules and regulations define which groups are eligible to use the school facilities, outlining the application procedure, setting forth the conditions for use of specific areas, and establishing a table of charges for such use. ELIGIBILITY FOR USE 1.0 All groups qualifying under the provisions of the Civic Center Act may use school facilities for non - school purposes. They must adhere to the rules and regulations as set forth by the governing Board of Education. In general, the subject matter of such meeting shall pertain to the recreational, educational, scientific, literary, economic, political, artistic or moral interests of the community, or for the discussion of matters of general or public interest. All groups qualifying under provisions of the Civic Center Act are re- quired to comply with applicable city ordinances including those relat- ing to business and charitable solicitations. Specific restrictions are contained in t the use of school property by subversive sectarian purposes, or if the purpose o f sive, or harmful. No group, regardless the use of school property or interfere the school. EXHIBIT 4 -62- he laws of the state against groups, for denominational or the meeting is immoral, offen- of its character, may monopolize with the educational program of E 7410 a TYPES OF USES 2.0 No Charge Except as provided in paragraphs 3.0 and 4.0 the Governing Board shall grant without charge the use of school facilities to the following organizations during times when a custodian is normally on duty (Educational Code Section 40043). Every effort will be made, other than in 2.1 and 2.9, to restrict such use to times and sites when a custodian is normally on duty. 2.1 Student clubs and organizations 2.2 Fund raising entertainments or meeting where admission fees charged, or contributions solicited are expended for the welfare of the pupils of the District. 2.3 Parent - Teacher Organizations 2.4 School - Community Advisory Councils 2.5 Camp Fire Girls and Scout Troops 2.6 Senior Citizen Organizations 2.7 Other Public Agencies 2.8 Organizations, clubs, or associations organized for cultural activities and general character building or welfare purposes (i.,e. folk and square dancing). 2.9 There will be no charge at any time for mass care and welfare shelters during disasters or public emergencies affecting the public health and welfare by public agencies, including but not limited to the American Red Cross; and the provision of services deemed necessary by the Governing Board to meet the needs of the community (Education Code Section 40041, paragraph 7 subdivision b). 3.0 Cost Use During those times when a custodian is not normally on duty there will be a charge to those groups listed in paragraph 2 other than 2.1 and 2.9. These charges shalt not exceed an amount as specified in paragraph 4.0 (Education Code Section 40043,.paragraph 6). 4.0 Fees A fee will be charged those groups in 2.0 under conditions and terms as follows (Education Code Section 40043, paragraph b): 4.1 The cost of opening and closing the facilities if no school 9 C4 /O 1i 7410 employees would otherwise be available to perform that function as a part of their normal duties. 4.2 The cost of a school employee(s)' presence during the organization's use of the facilities, if the Governing Board or its designee determines that supervision is needed, and if that.employee(s) would not otherwise be present as part of normal duties. 4.3 The cost of custodial services, if the services are necessary, and would not otherwise be performed as part of the custodian's normal duties. 4.4 The cost of utilities directly attributable to the organization's use of the facilities. 4.5 In commercial uses, if admission is charged, money collected or solicited, the jental cost will be the published.rate plus twenty (20) percent of the gross revenue received. 5.0 Other Cost Uses The Governing Board may charge an amount not to exceed its direct cost or not to exceed fair rental value of school facilities and grounds under its control for any activities other than those specified (Education Code Section 40043, paragraph c). 6.0 Direct Costs Direct Costs are those costs to the District for the use of school facilities or grounds defined as supplies, utilities, custodial services. services of any other District employees, and salaries paid school District employees necessitated by the organization's use of the school facilities and grounds of the District. `Education Code Section 40043, paragraph f). -64- • SCHEDULE. SCHEDULING 0 7410 (All facilities except the Newport -Mesa District Olympic Swimming Pool, Stadium and Auditorium). 7.0 Priority of Use - School Facilities In the priority of use categories below, youth activities conducted for NMUSD students will have preference over adult activities. 1 The school where the facilities are located. 2 Other schools and units in the school District. 3 Youth activities of the Newport Beach City or Costa Mesa City units at schools within the city's particular boundaries. .4 Youth activities of the Newport Beach City or Costa Mesa City 0 units at schools in the other city's particular boundaries. .5 Adult activities units at schools .6 Adult activities units at schools .7 Other government .8 Public use. of the Newport Beach City or Costa Mesa City within the city's particular boundaries. of the Newport Beach City or Costa Mesa City in the other city's particular boundaries. al agencies. 8.0 Use for Religious Services School facilities may be made available for the temporary conduct of religious services. Such use will be restricted to the provisions of Education Code Section 40041 paragraph 3 and a fee will be charged as specified in subdivision (c) of Education Code Section 40043• 9.0 Scheduling Responsibilities - School Facilities The principal will be responsible for scheduling the use of facilities from September 1 to June 15. The Business Services Division will be responsible for scheduling the use of facilities from June 16 to August 31. All requests by churches for church services will be scheduled by the Business Services Division. -65- • • 7410 .PRIORITY OF USE FEE SCHEDULE, SCHEDULING E N L E E N NEWPORT-MESA POOL 10.0 Priority of Use - Olympic Pool .1 Newport Harbor High School instructional program. .2 Other District schools' instructional programs. .3 Youth activities which are scheduled by the City of Newport Beach and /or the City of Costa Mesa as a part of their regularly scheduled recreation programs, subject to the provisions of a Joint Powers Agreement. .4 Adult activities which are scheduled by the City of Newport Beach and /or the Cily of Costa Mgsa as a part of their regularly scheduled recreation programs, subject to the provisions of a Joint Powers Agreement. 5 Other governmental agencies. .6 Public use. 11.0 Fee Schedule - Olympic Pool Fees will be charged by the School District according to the Schedule of Fees and Charges where the user of school facilities charges unless the charges are identified as a city or School District - related activity. Fees will be charged all users other than the School District, Newport Beach Parks, Beaches, and Recreation Department, and Costa Mesa Leisure Services. 12.0 Scheduling Responsibilities - Olympic Pool The scheduling of the use of the Olympic Pool on a year -round basis will be administered by the office of the Business Manager. 13.0 Time Utilization - Olympic Pool .1 The pool will be available for use from 6 a.m. to 11 p.m. Amplification equipment will not be allowed before 7 a.m. or after 10 p.m. Mondays.through Saturdays and not before 12 noon or after 10 p.m. on Sundays. 2 Newport Harbor High School and other District schools will have priority for eleven (11) hours of pool use daily, except Sunday, during September 1 to June 15. '� -66- 9 0 7410 3 Newport Beach Parks, Beaches, and Recreation Department will have priority for four (4) hours of pool use daily, except Sunday, from September 1 to June 15 and fourteen (14) hours of pool use daily, except Sunday, from June 16 to August 31. 4 Costa Mesa Leisure Services will have priority for two (2) hours of pool use daily, except Sunday, during September 1 to June 15 and three (3) hours of pool use daily, except Sunday, from June 16 to August 31. .5 For the times not utilized by the School District or by either city, the School District or the cities may use the other's time. Other governmental agencies or other users may utilize the pool for non - scheduled time according to the Priority of Use. -67- 13 0 0 BILITIES 14.0 Priority of Use - District Stadium and District Auditorium 7410 .1 Newport Harbor High School instructional program. .2 Other District schools' instructional programs. 3 Youth activities which are scheduled by the City of Newport Beach and /or the City of Costa Mesa as a part of their regularly conducted recreation programs. .4 Adult activities which are scheduled by the City of Newport Beach and /or the City of Costa Mesa as a part of their regularly conducted recreation programs. .5 Other governmental agencies. .6 Public use. 15.0 Fee Schedule - District Stadium and District Auditorium Fees will be charged by the School District according to the Schedule of Fees and Charges. 16.0 Scheduling Responsibilities - District Stadium and District Auditorium The Business Services Division will be responsible for scheduling according to the Priority of Use. Use of the stadium or auditorium and /or changes in the schedule must have prior approval. 17.0 Special Regulation on Charges - District Auditorium Regulation on Charges - District Auditorium .1 All rehearsals are to be charged for at the cost rate, which is established to cover actual expenses. 1 .2 Rental rates do not include ushers, stagehands, cafeteria personnel or other personnel of a similar nature, but do include custodial services and, when deemed necessary for the best interests of the District, a stage manager, and an Auditorium supervisor 3 All reservations for use of school facilities must be processed in accordance with Use of School Facilities Process. One -half of the rental fee is to be paid at the date the reservation is made and the remainder must be paid seven days in advance of the activity. All fees shall be paid by certified check, cashier check, or cash. Personal checks will not be accepted. t ,v �y -68- 7410 .4 No booking will be made which will interfere with any arranged school function. Although intended to be kept at an absolute minimum and usually in emergency situations, school activities necessitating the use of a school facility previously reserved for a non - school activity may require the cancellation of a permit. In other than emergency situations, the District will attempt to notify the applicant two (2) weeks in advance of the activity if a cancellation is necessary. .5 No outside caterers may use school cafeterias or kitchens, or any of the equipment therein for the serving of meals to groups. When food service in a cafeteria or kitchen is desired, arrange- ments must be made through the principal at the time of the issuance of the permit. 18.0 The Application The application is primarily the basis of the agreement for use of school facilities between the School District and the applicant. Another prime function of the application is that this instrument allows the school administration and the appli- cant to arrive at a complete and equitable understanding as to what their desires are regarding the use of school property. The application also allows the applicant to be aware of what is required of him regarding the policies and procedures govern- ing the use of school property. Therefore, it is of the utmost importance the applicant insert all of the information which is pertinent to the planned activity, and review the rules and regulations which appear on the reverse side of the application. When an application shows certain irregularities of which the school administrator believes the Board of Education should be apprised, the District administration may request the Board of Education to review the application. The Board of Education will notify the applicant as to the time and place of the review, and extend to the applicant an invitiation to answer any questions that may arise regarding the application. .3 No application will be approved if the activity applied for will in any way conflict with the school schedule of activities or any school function. .4 The Board of Education may deny the use of or cancel any permit for use of school facilities to anyone or group if the activity reflects in any way upon any citizen because of race, color or creed. i� -69- 1] L 7410 .5 Any applicant using school property or facilities must comply with all of the existing laws, rules and regulations pertaining to the use and occupancy of any school property or school facilities. .6 The school administrator may deny any application or cancel any permit when in his opinion the use may be contrary to any exist- ing laws or create a condition that may cause a disturbance of the peace. .7 No person, group or activity may engage in the following, nor shall any person, group or organization granted a permit for I use of school facilities permit in the facilities authorized (including accesses thereto, walks, porches, lawns, patios, parking lots or restroom facilities) any person to engage in I the following: � F 1. Smoking in buildings 2. Consumption of alcoholic beverages 3. Gambling 4. Use of narcotics or drugs for purposes other than medical and under the prescription of a duly - licensed medical physician or practitioner 5. Fighting, quarreling, abusive language, or noise of any kind which may be offensive to other activities of the 1 neighborhood Violations of any of the conditions of this paragraph shall be ' grounds for immediate revocation of the permit for use of such facilities. In the event of such a revocation, all persons so affected shall immediately vacate the school facilities. .8 All applications should be directed to the person responsible for scheduling of the facility not less than ten (10) working days before the desired use is to take place. .9 Pertaining to these rules and regulations, the term "Organization" is defined to mean any person, persons, or group of persons who make application for the use of school property or facilities. If the applicant is only one person, or two or more persons joined to- gether in a partnership, the application must be signed by the person or by a majority of the individuals who make up the partner- ship. If the agency is an organized group, the person making the application shall show evidence of authority to contract for such use of school facilities. .10 There shall always be a representative of the School District who is employed by the School District present on school property whenever an activity is taking place with the exception of fields. The designated representative will have the responsibility to see Ih -70- • 0 7410 that all of the rules, regulations and laws are adhered to by the group using the school facilities. Any violation that may occur will be reported in writing to the Superintendent of Schools. As a result of any violation, the Newport -Mesa Unified School District may cancel the permit and refuse to accept any further application from the same group. .11 Any group using any auditorium or stage shall not disturb, move or change any of the existing equipment except with the permis- sion of the school administrator and under the supervision of the appointed school custodian who is in charge of the facility. Any stage props used must be completely fireproofed by a certif- ied agent of the user. The School District will request the Fire Department to check all stage props and to verify all certifica- tion of fireproofing. .12 School facilities or property will not be available for any enter- tainment involving the use of live animals of any type, kind or size, nor is straw, hay or any readily combustible material of a like manner to be used in any activity. .13 When a special activity takes place such as a television or radio broadcast and extra equipment is necessary, such as telephone lines, etc., the District administration may require a special advance deposit from the applicant to defray the cost of the special equipment. Any balance of the unused deposit will be returned to the applicant within ten (10) days after the date of the activity. .14 When the general public is allowed to park automobiles in school parking lots, they must park in designated areas and in such a manner as to allow clear access to all buildings and fire hydrants. .15 Applicants must agree to hold the Newport -Mesa Unified School District, its Board of Education, the individual members thereof, and all District officers, agents, and employees free and harmless from any loss, damage, liability, cost of expense that may arise during or be caused in any way by such use and /or occupancy of school facilities. Applicants shall furnish such liability or other insurance for the protection of the public and District as the District may require. .16 All applications should be made on the N -M Form 137, Application. and Permit for Use of School Facilities. -71- 17 k . 19.0 • C� 7410 NEWPORT -MESA UNIFIED SCHOOL DISTRICT Schedule of Fees and Charges for Use of School Facilities Rental Rates Each Three Hours Min. Addtl. Hour Athletic Field $ 12.00 $ 4.00 Athletic Field With Lights 17.50 5.00 Auditorium (NHHS) + 20% of gross ticket sales(1)* 400.00 135.00 Cafetorium 75.00 25.00 Cafetorium With Kitchen 90.00 30.00 (Cafeteria employees extra) Classroom F 45.00 . 15.00 Classroom With Sewing Machines /Industrial Arts 60.00 20.00 Classroom /Typing 60.00 20.00 Faculty Dining Room 40.00 15.00 Gym - Large (2)* 125.00 42.00 Gym - Small and Intermediate Schools (2)* 90.00 30.00 Gymnastics Room - High School 45.00 15.00 Little Theater - Forum 110.00 35.00 Lounge or Small Conference Room 40.00 15.00 Stadium - Without Lights (3)* 500.00 167.00 Stadium - Without Lights With Shower /Locker 550.00 185.00 facilities (3)* Stadium - With Lights Without Shower /Locker 800.00 267.00 facilities (3)* Stadium - With Lights With Shower /Locker 850.00 283.00 facilities (3)* Swimming Pool - 25 Meter (4)* 75.00 25.00 Swimming Pool - 25 Meter With Shower /Locker 100.00 33.00 facilities (4)* Swimming Pool - 50 Meter Olympic (4)* 150.00 50.00 Swimming Pool - 50 Meter Olympic With Shower /Locker 175.00 60.00 facilities (4)* Swimming Pool - 50 Meter Olympic With Shower /Locker/ 190.00 64.00 Lights facilities (4)* Tennis Court - Without Lights (each) 7.00 1.00 Tennis Court - With Lights (each) 11.50 2.00 -72- 19 Revised 8/3/83 lei IL u 7410 * (1) Other assistants or stage hands charged at hourly rate * (2) Plus hourly rate of personnel to set up and take down bleachers charged at prevailing custodial rate * (3) Plus hourly rate of personnel for lining field or track * (4) It is also required that each activity have a Water Safety Instructor, Certified Lifeguard on duty in addition to any teams coaches present. The cost of the services is to be assumed by the user of the facility. Rental Charges /Use of Equipment Chair Rental Chalk Board, Portable Duplicating Equipment (i.e. Xerox) *Piano, Grand *Piano, Studio Projection Screen Projector, Film Strip Projector, Overhead Projector, 8 MM Projector, 16 MM Projector, Slide Tape Recorder (Cassette) Television Set $ 1.00 per chair /use 5.00 per use .10 per copy 50.00 per use 20.00 per use 8.00 per use 15.00 per use 15.00 per use 10.00 per use 20.00 per use 15.50 per use 10.00 per use 8.00 per use *Plus tuning cost if necessary, tuning will be done only by district approved tuners. The above charges are for use on premises, there will be no equipment moved to an off premise location. Revised 8/3/83 -73- �T t a, CALIFORNIA c Ag., city Hall �l�ppRN� _• e 1300 W. Navport Blvd. Area Code 714 DATE TO: FINANCE DIRECTOR FROM: City Clerk SUBJECr: Contract No. 2114 �cc �YS Description of Contract 'ibmi Authorized by Resolution No. 9624 , adopted on 8 -27 -79 Effective date of Contract R -27_79 Contract with New rno t Mesa Unified School District Address 1$57 Pla entia Avenue- Costa Mesa Amount of Contract See Contract l6YWlOcC� City Clerk IQ a Helen Orr of PB &R mailed the executed copy of the agreement to the Newport -Mesa Unified School District. 10 -3 -79 10' 11' 12 13 14 15, 16I 17 18 19 20 21 22 23 24 25 I!! 26 27 28 JOINT POWERS AGREEMENT WHEREAS,' the Newport Beach Department of Parks, Beaches and Recreation, hereinafter referred to as the "CITY ", and the Newport -Mesa Unified School District, hereinafter referred to as the "SCHOOL DISTRICT" are both- authorized to organize, promote and conduct programs for community recreation; and WHEREAS, the SCHOOL DISTRICT has facilities and grounds available for community recreation on the campuses of the schools maintained by said SCHOOL DISTRICT; and WHEREAS, it is desired that the CITY have priority to use (said facilities when such facilities are not being used by the SCHOOL DISTRICT for educational purposes: NOW, THEREFORE, IT IS AGREED that cooperative use shall The made according to the following: 1. The SCHOOL DISTRICT and CITY will make available their facilities, grounds and services with the necessary equipment and appurtenances for community recreation on all of their campuses upon proper request from the CITY, subject to the conditions noted herein. The CITY agrees to grant to the SCHOOL DISTRICT, upon application, the use of any recreational facility, area, mainten- ance service, or equipment owned by the City of Newport Beach which the SCHOOL DISTRICT may require in connection with its public schoo program, provided the use of such recreational facility, area, main tenance services, or equipment for public school purposes shall not interfere with its use by the CITY for community recreational pur- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 •z • *0 poses, as determined by the CITY. 2. Such facilities w l be made available as long as the use in'no way conflicts with e use of the SCHOOL DISTRICT'S build ings, grounds, or equipment for school purposes or interferes with the regular conduct of school work. The SCHOOL DISTRICT reserves ithe right to cancel the'use of its facilities upon seven (7) work- ing days notice when such planned use is considered to be in con- flict with the use of such facilities for school purposes. 3. All requests for use of facilities of the SCHOOL DISTRICT are to be made by the CITY on forms provided by the SCHOOL DISTRICT. 4. All requests for use of facilities of the CITY are to be made by the SCHOOL DISTRICT on forms provided by the CITY. 5. The SCHOOL DISTRICT is to be informed of all policies and procedures of the CITY'S operations insofar as they relate to the use of the SCHOOL DISTRICT'S facilities. 6. The CITY is to be responsible for enforcing the SCHOOL DISTRICT'S policies, procedures, and rules relative to the use of the SCHOOL DISTRICT'S facilities. 7. As the SCHOOL DISTRICT develops facilities on its campuses, its facilities shall first provide and assist in the instructional program and second, add to the CITY'S program 1 2 3 4 5 6 7 8 9 10 11 1211 13'i 14 15 1 16 17 18 19 20 21 221 2311 24 25 26 27 28 • • -3- development. • • 8. All requests for use of facilities and equipment of the SCHOOL DISTRICT shall be in the Office of the Business Office not less than ten (10) working days before such use, except in cases of emergency. 9. The SCHOOL DISTRICT agrees to provide at a mutually agreed rate all custodial services, maintenance, and operation costs for the district facilities. 10. In the event the SCHOOL DISTRICT enters into a like or similar agreement to this agreement with the City of Costa Mesa, they shall provide in said agreement that the City of Costa Mesa shall be restricted to reserving facilities within their municipal boundaries and that the City of Costa Mesa shall cooperate with the CITY in scheduling use of the district stadium and the district olympic swimming pool. It is agreed that the CITY will cooperate with the City of Costa Mesa in scheduling use of the district sta- dium and district olympic swimming pool. With the exception of the above facility, it is further agreed that the CITY shall restrict its facility use requests to those SCHOOL DISTRICT facilities lo- cated within the boundaries of the CITY. It is agreed that such cooperation is for the purpose of resolving any possible conflicts in the use of the facilities of the SCHOOL DISTRICT by either the (CITY or the City of Costa Mesa. 11. The CITY shall present to the SCHOOL DISTRICT through 1 the Superintendent a projected annual program for the use of the 2 facilities of the SCHOOL DISTRICT. This program shall be presented 3 not later than May 1 of each year. 4 5 12. The CITY shall provide the SCHOOL DISTRICT with an 6 actual annual report on the people served, the type of program con- 7 ducted and the actual cost of operation on SCHOOL DISTRICT facili- 8 ties on or before July 10 for the previous fiscal year. 9 10 13. The CITY shall select and provide all paid or 11 voluntary personnel necessary to conduct and organize recreational 12) activities upon facilities of the SCHOOL DISTRICT. 23 14 14. If a charge is made in any form, even to cover 15 expenses for a recreation activity on a SCHOOL DISTRICT facility, 16 advance approval shall be secured from the SCHOOL DISTRICT. Such 17 funds received shall remain with the CITY to be used to help defray 18 the cost of the recreation activity. Such charges shall not pre - 19 clude any boy or girl from participation in the program strictly 20 because of lack of funds. 21 22 "No events for which an admission price is charged 23 shall be held pursuant to Chapter 6 of the Educa- 24 tional Code of the State of California (commencing 25 at Section 166S1), except amateur athletic contests, 26 demonstrations, or exhibits and other educational 27 and noncommercial events." 28 �i -5- •i ] 15. The SCHOOL DISTRICT shall provide the CITY with 2 summer maintenance schedules well in advance. It is agreed that 3 such cooperation is for the purpose of alleviating any possible 4 conflicts in the use of the facilities and negating any inconven- 5 ience to the citizens of the community. 6 7 16. The SCHOOL DISTRICT shall provide office space at 8 swimming pool locations to the CITY during the summer months. It 9 is further agreed that the SCHOOL DISTRICT shall provide storage 10 facilities to the CITY on a year -round basis. 11 12 17. The CITY shall be responsible for the installation 13 and operational charges assessed for additional telephones in- 14 stalled on a SCHOOL DISTRICT facility for use by the CITY. 15 16 18. All expendable supplies shall be provided by the CITY 17 18 19. The CITY shall financially be responsible for damages 19 or losses to SCHOOL DISTRICT facilities and equipment beyond fair 20 wear and tear during the use by the CITY. 21 22 20. The CITY shall provide necessary and adequate lia- 23 bility insurance to cover liability arising out of negligence on 24 the part of its agents, officers, and employees during such time as 25 the CITY uses SCHOOL DISTRICT facilities. 26 27 This agreement shall supersede all previous agreements 28 and be a continuing agreement in force and effect from the date of Y I 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- execution by the last party to execute.same..,an,d shall continue from year to year until its. t ,minatpn.` Said.ag'reement may be termin- ated by either party upon th,ip (30) days.' p!r.ior written notice. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be executed by the Mayor of the City Council of the City of Newport Beach, acting as the governing board of the Parks, Beaches and Recreation Department, and attested by its Clerk thereunto duly authorized, and the SCHOOL DISTRICT has caused this AGREEMENT to be executed by its Board of Education on the date written opposite their signatures. IDates: 00-2 1979 NEWPORT BEACH ATTEST: By: V v Mayor ot t e Cit o By ` ity Cler City of Newport Beach Dates: May 22, 1979 NEWPORT -MESA UNIFIED ers of its hoard o DISTRICT atio •• RESOLUTION NO. 9 62 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT POWERS AGREEMENT BETWEEN.THE CITY OF NEWPORT BEACH AND THE NEWPORT - MESA UNIFIED SCHOOL DISTRICT IN CONNECTION WITH THE CITY USE OF DISTRICT SCHOOL FACILITIES WHEREAS, there has been presented to the City. Council of the City of Newport Beach a certain Joint Powers Agreement between the City of Newport Beach and the Newport -Mesa Unified School District in connection with the City use of District school facilities at no cost to City; and WHEREAS, the City Council has reviewed the terms and conditions of said Agreement and finds them to be satisfactory and that it would be in the best interest of the City to execute said Agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 27th day of August , 1979. Mayor kv 8/21/79