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HomeMy WebLinkAboutC-2273 - Landscape Maintenance & Additional Groundsman Gardener I PositionDATE 6 -30 j 1981 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2273 Description of Contract Newport Beach - Newport Mesa Unified School District Landscape Maintenance/Facilities Use Effective date of Contract Authorized by Resolution No. 10085 r adopted on 6 -22 -81 Contract with Newport Mesa Unified School District Adress P.O. Box 1368 - Newport Beach, Ca. 92663 Amount of Contract$ See Contract r7 WANDA E. ANDERSEN City Clerk City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 5 -81 June 22, 1981 By +he Qiy CUUNCIL CITY COUNCIL AGENDA CITY `FORT BEACH ITEM NO. I- -oi TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches and Recreation Director SUBJECT: AGREEMENT TO PROVIDE SCHOOL DISTRICT FACILITIES FOR LANDSCAPE MAINTENANCE SERVICES RECOMMENDATIONS: 1. Adopt Resolution No. authorizing the Mayor and City Clerk to execute the subject agreement with the Newport -Mesa Unified School District. 2. Authorize the addition of one permanent Groundsman Gardener I to the Parks, Beaches and Recreation Department. BACKGROUND: On September 22, 1980, the City Council approved in concept the proposal to provide specified landscape maintenance on elementary school sites that are adjacent to City parks for a waiving of fees associated with the use of school facilities for community recreational purposes. The concept staff report is attached for information purposes. The agreement has been prepared by our Attorney's office and now approved by the Newport -Mesa Unified School District Board of Trustees. Executing the agreement and authorizing the personnel needed to implement the conditions of the agreement will allow an equitable use of public school facilities to occur. Ronald A. Whitley RAW: ma Attachment r 0 September 22, 1980 CITY COUNCIL AGENDA ITEM NO. [7 -1 TO: MAYOR AND CITY COUNCIL FROM: Parks, Beaches and Recreation Director SUBJECT: NEWPORT —MESA UNIFIED SCHOOL DISTRICT FACILITY USE FEES LANDSCAPE MAINTENANCE TRADE OFF CONCEPT RECOMMENDATION: Approve of the landscape maintenance - school facility use trade concept to be formalized by agreement between the City of Newport Beach and the Newport -Mesa Unified School District and; authorize a new position of Groundsman Gardener I to perform required work to implement concept. BACKGROUND: The City of Newport Beach Parks, Beaches and Recreation Depart- ment has been the primary user of Newport -Mesa Unified School District facilities under the Civic Center Act for many years. In addition to our own recreation programs, our department co- ordinates school facility use for several non - profit youth athletic organizations in the city. In the past the Civic Center Act provided supplemental funds for M & O costs relating to the use of school facilities by outside groups. With the passage of Proposition 13 the Community Center Tax could no longer be levied, which caused the Newport -Mesa Unified School District to institute a facility use fee to cover M & O costs incurred by outside users of school facilities. The implementation of user fees by school districts has become a common practice in California since the passage of Proposition 13. In most cases these fees pay for the costs of maintaining and operating school facilities after normal operating hours for non - school activities. Local governments and school districts have also been able to institute cost effective trade offs in services to reduce maintenance and operating costs. Cities and schools exchange facility use, maintenance services, equipment and sup- plies; and as a result mutually waive user fees for the use of their respective facilities. Locally the cities of Costa Mesa, Fountain Valley, Garden Grove, Huntington Beach, Santa Ana and Anaheim have negotiated similar trade -offs with the Ocean View, Garden Grove, Huntington Beach High School, Newport -Mesa and Anaheim Union High School Districts. 0 Page 2 September 22, 1980 0 On April 8, 1980 the Newport -Mesa Unified School District Board of Trustees approved a new fee schedule for facility use by Civic Center Act groups including the City of Newport Beach. The effect of these new fees on existing programs which depend on school facilities will be significant. In all cases it will require increased fees to participants, and in some cases it will cause the program to be eliminated. Because of the an- ticipated impact of increased fees to be assumed by users, several alternatives have been analyzed to solve the problem. The solution that appears to be the most viable and acceptable to all parties is an agreement to a trade off concept whereby the City would provide landscape maintenance service to the District in lieu of facility fees. TRADE -OFF CONCEPT DISCUSSION: The cost of providing landscape maintenance service to the Newport -Mesa Unified School District on school sites that are adjacent to City park facilities has been determined as: Newport Elementary Mariners Elementary Eastbluff Elementary Anderson Elementary and tree trimming for schools within Newport Beach Estimate of time for mowing, edging and tree trimming 30 hrs /week 44 times per year due to weather, etc. Hours: 1320 Labor cost including fringe benefits - $10.00 /hr Cost: $13,200 Estimate of equipment cost per year $ 1,200 TOTAL $14,400 Through facility use fees charged to all of our self supporting programs sufficient revenue has been generated to cover the required maintenance cost. Implementation of the trade -off concept will provide school facility use at an acceptable cost level that is similar to the rate as negotiated in the past. The capability of generating revenue to offset maintenance service costs provided to the Newport -Mesa Unified School District in lieu of facility use fees creates a viable, fair situation that will continue the availability of public school facilities for recreation and community services at no increase in cost. 0 Page 3 September 22, 1980 11 The Parks, Beaches and Recreation Commission at their meeting of September 9, 1980 unanimously voted in favor of the concept and recommends that the City Council endorse the concept to facilitate implementation of the agreement. ��4#6td7 Ronald A. Whitley RAW: ma 0 A G R E E M E N T City of Newport Beach /Newport -Mesa Unified School District Landscape Maintenance /Facilities Use THIS 14th day of April , 1981, the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City," and NEWPORT MESA UNIFIED SCHOOL DISTRICT, hereinafter referred to as "District," mutually agree as follows: WITNESSETH: • WHEREAS, District owns and maintains certain school facilities within the City of Newport Beach; and WHEREAS, City desires to use said facilities for commu- nity recreational purposes, at the direction of the Parks, Beaches & Recreation Department of the City of Newport Beach; and WHEREAS, District has adopted a Schedule of Public Agency Use of School Facilities Fees and Charges; and • WHEREAS, the parties desire that City perform certain tree- trimming and landscape maintenance services to District Page 1 of 6 REF. 21.0 • facilities, as hereinafter set forth, in exchange for District's waiver of all use fees established by the Schedule of Fees and Charges for Public Agency Use of School Facilities (Board Policy No. 7410); and WHEREAS, City and District have entered into a Joint Powers Agreement regarding the use of School District facilities by City, which Agreement is not being amended or altered by vir- tue of this Agreement; and • WHEREAS, District and City have reviewed the terms and conditions of this Agreement and find them to be in the best interest of each agency and to the public served by each agency, NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. Introduction. In an effort to increase cooperation between City and District, in a time of limited financial resources, District and City have entered into this Agreement to • provide for an exchange of services for use of facilities, as hereinafter set forth. Page 2 of 6 REF. 21.1 Page 3 of 6 REF. 21.2 • 2. Obligation of Parties. A. City shall: (1) Provide landscape maintenance services to the following school sites, adjacent to City park facilities: (a) Newport Elementary; (b) Mariners Elementary; (c) Eastbluff Elementary; (d) Andersen Elementary. (2) The maintenance services to be performed • by City hereunder shall consist of: (a) Mowing of turf weekly; (b) Edging bi- weekly. (3) Provide tree - trimming services to all District schools located within the City limits of the City of Newport Beach as needed, but in accor- dance with established Parks, Beaches and Recrea- tion Department staffing and workload priorities. B. District shall: (1) Provide school facilities for community • recreational purposes, as requested by the Parks, Beaches and Recreation Department of City. District shall waive all use fees and charges, as Page 3 of 6 REF. 21.2 0 0 • established by the Schedule of Fees and Charges for Public Agency Use of School Facilities (Board Policy No. 7410), as adopted by District, and as Schedule of Fees and Charges may hereinafter be amended. 3. Term. This Agreement shall commence on the date of execution hereof by both parties. The Agreement shall continue on a year -to -year basis unless terminated upon ninety (90) days, prior written notice given by one party to the other. Page 4 of 6 REF. 21.3 4. Indemnification /Hold Harmless. A. Pursuant to section 895.4 of the California Government Code, City shall indemnify and save harmless District from and against any loss, damage, claim or harm for bodily injuries, including death, or damage to property caused by negligent acts or omissions of City, or its employees, subcontractors or suppliers, in connection with the performance of this Agreement. B. Pursuant to the provisions of section 895.4 of the California Government Code, District shall indemnify and save harmless City from and against any loss, damage, claim or harm for bodily injuries, including Page 4 of 6 REF. 21.3 • death, or damage to property caused by negligent acts or omissions of District, or its employees, subcontractors or suppliers, in connection with the performance of this Agreement. 5. Amendment. Any amendment to this Agreement requires approval by the legislative body of each party hereto. 6. Scheduling. Each party hereto shall cooperate with the other in scheduling work, programs and classes hereunder, to 40 alleviate inconvenience and scheduling difficulties to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be made and executed the day and year first above written. CITY OF NEWPORT BEACH • BY Ci( ayo Page 5 of 6 REF. 21.4 0 • ATTEST: L` City Clerk 0 APPROVED AS TO FORM: City Attorney • 0 CITY NEWPORT MESA UNIFIED SCHOOL DISTRICT Page 6 of 6 REF. 21.5 W. Nicoll tary, Board of Education DISTRICT a • • � -7 NEWPORT -MESA Unified School District post office box 1368 a newport beach. California 92663 a !714' 760 -3200 JOHN W. NICOLL, Superintendent. April 14, 1981 side letter of agreement Mr. Robert L. Wynn, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach CA 92663 Dear Bob: The Board of Education considered the proposed agreement with the City of Newport Beach for mutual exchange in the matter of lands- cape maintenance and use of facilities, at its meeting held on April 14. It was noted that the definition of paragraph three of page one of the agreement on the part of the Board of Education does not indicate expanded agreement beyond the Parks, Beaches, and Recreation Department's use of District facilities for commun- ity recreational purposes which would benefit the public at large. Further, that any subletting of District facilities would first be referred to the School District for approval. With confirmation of this understanding, and the inclusion of this letter as a side letter to the agreement, the agreement has the approval of the Board of Education, and a signed copy will be furnished to you. Cordially, W7 73 11 ntendent of Schools • V cc: Kenneth L. Wayman Norman R. Loats Raymond R. Schnierer OFFICE OF THE SUPERINTENDENT 1601 SIXTEENTH STREET— NEWPORT BEACH, CALIFORNIA 92663 —PHONE (714) 760.3600 RESOLUTION NOX0 08'5~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE NEWPORT -MESA UNIFIED SCHOOL DISTRICT REGARDING LANDSCAPE MAINTENANCE AND FACILITIES USE WHEREAS, Newport -Mesa Unified School District (hereinafter "District ") owns and maintains certain school facilities within the City of Newport Beach (hereinafter "City "); and WHEREAS, City desires to use said facilities for commu- nity recreational services, at the direction of the Parks, Beaches & Recreation Department of City; and WHEREAS, District has adopted a schedule of public agency use of school facilities, fees and charges; and WHEREAS, the District and City desire that City perform certain tree trimming and landscape maintenance services to District facilities, as set forth in the Agreement, in exchange for District's waiver of all use fees established; and WHEREAS, City and District have previously entered into a Joint Powers Agreement regarding the use of school district facilities by City, which Agreement is not being amended or altered by virtue of this Agreement; and WHEREAS, District and City have reviewed the terms and conditions of said Agreement and find them to be in the best interest of each agency and the public served by each agency; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Agreement between the City of Newport Beach and Newport -Mesa Unified School District for land- scape maintenance and facilities use be and it is hereby approved. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement by and on behalf of the City of Newport Beach. ADOPTED this ATTEST: y Cler day of JUN 2 2 4 1981. Mayor F HRC /pr 6/22/81