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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. 2 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 3 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 4 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, 5 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. 'ITE F'L1&t.4 cogot4A t,EL FiAR 1410J4 ex:Pcot.. 4c.: IiIOO \ 'ti5t 'tit? ji • * * * ri d . • tikt • acid • „------f I1i1!IIIIIIIIUII' I — — QYY--. _p_ I 0 0 B 0a_DDO• ' 1 0 0 B 0 0 010 �f�1 .... a E 102 B 010 I 0' BIB u a o a „ 4p ' i . a a 0 01 ,, 1 ■£� .. • a—, 7 \/�t \ - t \ \ :'t.`•• \ t\ \ ('\ \ ._\ \ \.