HomeMy WebLinkAboutC-2761 - Agreement Regarding the Joint Exercise of Powers Agreement (for the Corona del Mar High School Olympic Pool [Marian Bergeson])Agreement between the Newport -Mesa Unified School District (District)
and the City of Newport Beach (City)
Regarding the Joint Exercise of Powers Agreement between the District
and the City
Whereas, pursuant to Section 6502 of the Government Code, the District and the City have entered into a
joint exercise of powers agreement dated July 1 1, 1989 regarding the pool at Corona del Mar High School;
and
Whereas, the District and City desire to extend the term of the joint exercise of powers agreement as
provided herein.
1. The District, as authorized by its governing board March 13, 2012, and the City approve
the extension of the term of the joint exercise of powers agreement for an additional
twenty-five year period from July 1, 2014 and concluding June 30, 2039,
2.
Pursuant to and in accordance with the provisions of Government Code section 8546.7, or
any amendments thereto, all hooks, records and tiles of the City or the District connected
with the performance of this Agreement involving the expenditure of public funds in excess
of Ten Thousand Dollars ($10,000), including, but not limited to, the administration
thereof, shall be subject to the examination and audit of the State Auditor, at the request of
District or as part of' any audit of District, for a period of three (3) years after final payment
is made under this Agreement. The parties hereto shall preserve and cause to be preserved
such books, records and files for the audit period.
The District and City agree to perform their respective duties under the joint exercise of
powers agreement in accordance with its terms.
CITY OF NEWPORT BEACH
By:
Its: City Clerk
NEWPORT-MESA UNIFIED
SCH
I
By: It
ILtarP Fsident, Board of Education
Its: ce-Preen d t, Boardof cation
APPROVED AS TO FORM
By: vWt�_ L Lt / tr
encer E. Covert
fifegal Counsel for the
Newport -Mesa Unified School District
Attachment B
Z74
AGREEMENT•
Pursuant to Title I, Division VII, Chapter V of the Government Code of
the State of California (Sections 6500-6513), a Joint Powers Agreement is made
and entered into the llth day of July , 1989, by and
between the City of Newport Beach, a municipal corporation (hereinafter
referred to as "City") and .the Newport -Mesa Unified School District
(hereinafter referred to as "District").
RECITALS:
A. The City is a municipal corporation duly organized and validly
existing under the laws of the State of California with the power to carry on
its business as it is now being conducted under the statutes of the State of
California and the Charter of the City.
B. It has been determined that there is a need to construct an•olympic
size swimming Pool in the Corona del Mar area of the City of Newport Beach
(hereinafter called "Pool").
C. Corona del Mar High School has been selected for the site for the
Pool.
D. The City and District desire to cooperate in the installation and
maintenance of the Pool.
NOW, THEREFORE, it is agreed between the parties as follows:
1. TERM
The term of this Agreement shall commence on the date of execution
thereof and shall continue for a period of twenty-five (25) years. At
City's option, this Agreement may be renewed for an additional 25-year
period at mutually agreeable terms and conditions.
2. CONSTRUCTION AND SITE OF POOL -
The District shall cause to be installed a fifty (50) meter swimming Pool
with related facilities, equipment, lighting and security fences at Corona del
Mar High School. The minimum specifications for the installation of the Pool
are set forth in Exhibit A which is attached hereto and incorporated herein by
this reference. City and District agree that the public bidding procedures
relating to the award of contracts on public works projects will be observed.
The District shall initiate the formal bid process within three (3) years
of the date of receipt by the District of funds from the "Swim For the Gold
Committee" (hereinafter called "Committee") sufficient to cover the contract
costs.
3. CITY AND DISTRICT CONTRIBUTIONS
a. The total contribution by City shall not exceed Six hundred twenty-
five thousand dollars ($625,000.00) or fifty per cent (50%) of the total cost
of construction and installation of the Pool, whichever is less. City's share
to be given at time of the award of Construction Contract. The District shall
pay all other construction, installation and other costs of the Pool.
The current estimate for construction of the Pool is $1.25 million
dollars. In the event the actual cost of construction of the Pool exceeds the
projected amount, District shall be responsible for paying all such excess
amount pursuant to the District's written agreement with the Committee.
b. The District will provide and maintain existing parking facilities
needed for city use.
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4. USE OF POOL
SCHOOL YEAR (Monday through Friday)
a. 6:00 a.m. to 3:00 p.m. - exclusive use by District.
b. 3:00 p.m. to 6:00 p.m. - joint use by City and District, with
District having priority.
c. 6:00 p.m. to 9:00 p.m. - exclusive use by City.
SCHOOL HOLIDAYS, SUMMER VACATION PERIODS AND SATURDAYS
a. 6:00 a.m. to 9:00 a.m. - joint use by City and District, with
City havingpriority.
b. 9:00 a.m. to 9:00 p.m. - exclusive use by City.
SUNDAYS
a. 6:00 a.m. to 9:00 p.m. - joint use by City and District.
Use of the Pool facilities by District or by City shall be in accordance
with all applicable rules and regulations adopted by the parties pertaining to
the use and operation of such facilities. It is the express intent that each
agency shall have full use of the aquatic center facilities including rest -
rooms, showers, parking lot, and other ancillary facilities of the swimming
Pool.
The City and District further agree that on or about April 1st of each
year, all Pool uses shall be reviewed to determine if any revisions in the
Agreement are required. Disputes, if any, will be resolved by the
Superin.tendent and City Manager, and, if they cannot agree, by the Board of
Education and the City Council in cooperation with each other.
5. OPERATION OF THE POOL (Utility Expenses)
All utility costs associated with the operation of the Pool, specifically
natural gas, electricity, and water, shall be provided by the District. The
City, however, will assess a reasonable utility surcharge on City_program
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participants with said surcharge being transmitted to the District on a
quarterly basis, and is to be used to help offset the utility costs of the
District.
6. RESPONSIBILITY FOR SUPERVISION
A. At all times when the area and facilities are used by District,
District shall be responsible for supervision, public safety, and control.
During such periods, District will supply all special equipment necessary for
teaching and carrying out the school program. To meet the responsibility
herein set out, District shall provide the necessary personnel.
B. During time when the area and facilities are in use by City, City
shall be responsible for supervision, public safety, and control. During such
periods, City will supply all special equipment necessary for carrying out the
City program, including any towels, suits, and personal equipment. To meet
the responsibility herein set out, City will provide the necessary swimming
instructors, lifeguards, and other necessary personnel during the times the
area is in use by City or in use by groups under the control of City.
C. At all times when the area and facilities are jointly used by
District and City, each party shall be responsible for supervision, public
safety, and control for the areas of the Pool assigned to it. During such
times, each party will assume responsibility for special equipment necessary
in carrying out their own program and will provide the necessary instructors,
lifeguards, or other necessary personnel in the area in use by that party.
7. MAINTENANCE AND REPAIR
District agrees to maintain the Pool and all related facilities in good
order and repair and to keep the Pool in a neat, clean, orderly, safe, and
sanitary condition. The District's responsibility includes all maintenance
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and repairs except as set out elsewhere in this Agreement.
8. POOL CLOSING
The determination of the times that it may be necessary to close the Pool
facilities for repairs and maintenance, will be made upon the mutual agreement
of both parties. The District will notify the City as soon as possible if
danger to public health and/or safety demands an emergency closure.
9. STORAGE
The City shall maintain on the Pool premises a separate storage area for
City equipment of not less than six (6) feet by eighteen (18) feet. The City
shall maintain such separate storage area in good order and repair.
10. OFFICE SPACE
District and City agree that City shall maintain at its own cost within
the Pool office a separate desk, chair and telephone connection for City use.
11. FEES
In consideration for City's execution of this Agreement, the District
waivers all facility use costs associated with the new Pool upon completion of
the Pool.
12. HOLD HARMLESS
City shall indemnify and hold harmless District from and against any and
all claims arising from City's use of the Pool, or from any activity, work or
things done, permitted or suffered by City in or about the Pool or elsewhere
and shall further indemnify and hold harmless District from and against any
and all claims arising from any breach or default in the performance of any
obligation on City's part to be performed under the terms of this Agreement,
or arising from any negligence of the City, or any of City's agents,
contractors, or employees, and from and against all costs, attorney's fees,
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expenses and liabilities incurred in the defense of any such claim or any
action or proceeding brought therein; and in case any action or proceeding be
brought against District by reason of any such claim, City, upon notice from
District, shall defend the same at City's expense. City and District agree to
hold each other mutually harmless.
District shall indemnify and hold harmless City from and against any and
all claims arising from District's use of the Pool, or from any activity, work
or things done, permitted or suffered by Districtin or about the Pool and
shall further indemnify and hold harmless City from and against any and all
claims arising from any breach or default in the performance of any obligation
on District's part to be performed under the terms of this Agreement, or
arising from any negligence of the District, or any of District's agents,
contractors, or employees, and from and against all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such claim or any
action or proceeding brought thereon; and in case any action or proceeding be
brought against City by reason of any such claim, District, upon notice from
City shall defend the same at District's expense.
13. ENTIRE AGREEMENT
This Agreement supersedes any prior agreement, oral or written, and
contains the entire agreement between City and District as to the subject
matter hereof. No subsequent agreement, representation, or promise made by
either party hereto, or by or to any employee, officer, agent or
representative of either party shall be of any effect unless it is in writing
and executed by the other party to be bound thereby.
14. NO WAIVER
The waiver by either party of the performance of any covenant, condition
or promise, including the time for performance thereof, shall not invalidate
this Agreement, nor shall it be considered a waiver of any other covenant,
condition or promise. The exercise of any remedy provided by law or by the
provisions in this Agreement shall not exclude any other remedy, unless it is
expressly excluded.
15. SEVERABILITY
Invalidation of any one of the terms and/or provisions of this Agreement
by any judgment or court order shall in no way affect any of the other terms
and/or provisions of this Agreement, which shall remain in full force and
effect.
16. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California
and shall be interpreted as if prepared by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
CITY qx NEWPORT .BBEA
BY:a�"f
Mayor
APPr,VED AS TO FORM:
/fiity Attorney
NEWPORT
-MESA UNIFIIEED SCHOOL DISTRICT
BY: l /(4/ ez,,,cQ
Pr ident Pro Tem, Board of Education
BY:
ice-President/erk Pro
Board of Education
APPROVED AS TO FORM:
Legal Services
EXHIBIT "A"
MARIAN BERGESON AQUATIC COMPLEX
Newport -Mesa Unified School District
Corona Del Mar High School
Newport Beach, California
PROJECT DESCRIPTION
1. General
New 50-meter x 25-yard swimming pool with approximately
13,425 square feet of deck area and three related
mechanical and support facilities buildings totaling
approximately 5,240 square feet. Buildings are
one-story, slab -on -grade structures with roof -mounted
mechanical unit for the office and team/weight rooms
only. 'Buildings are classed as Type V-N, Uniform
Building Code, 1985 Edition. Complex to be surrounded
by an enclosure consisting of a masonry screen wall,
chain link fencing and gates, and decorative metal
fencing with metal gates.
2. Alga Actual Program
11/88 6/87
Entrance Structure:
Entrance 480
Tickets 95
Concession 105
Concession Storage 120
Total Entrance Structure
800 s.f. 250 s.f.
Toilet structure:
Men 435
Women 435
Janitor 45
Total Toilet Structure 915 s.f. 450 s.f.
Support Structure: 350 s.f.
Coaches 565
Team/Weight 1085 850 s.f.
Storage 360 400 s.f.
City'storage 140
Pool Eqpt. & Chemicals 1185 900 s.f.
Electrical 190
Total Support Structure 3,525 s.f.
Total Structure Area . 5,240 s.f. 3,200 s.f.
Pool Area to
Continuous Slot Drain 14,940 s.f. 14,790 s.f.
Hardscape Area 22,820 s.f: 14,860-s.f.
Landscape Area 2,420 s.f.
Total Site Area 45,420 s.f. 32,650 s.f.
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