HomeMy WebLinkAbout08 - CNB & NMUSD JPA ExtensionAgenda Item No. 8
April 24, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation Department
Laura Detweiler, Rec & Sr Service Director
949- 644 -3157, LDetweiler @newportbeachca.gov
PREPARED BY: Sean Levin, Recreation Superintendent
APPROVED:
v v
TITLE: Extension of the Joint Powers Agreement for Use of Marian
Bergeson Aquatics Center
ABSTRACT:
The City of Newport Beach and Newport-Mesa Unified School District (NMUSD)
mutually agreed upon a twenty -five (25) year extension of the Joint Powers Agreement
(JPA) pertaining to use of the Marian Bergeson Aquatics Center (MBAC) located at
Corona del Mar High School.
RECOMMENDATION:
Staff recommends approval and the execution of the NMUSD Board approved
agreement (Attachment A) to extend the JPA for use of the MBAC for a twenty -five (25)
year period from July 1, 2014 to June 30, 2039.
FUNDING REQUIREMENTS:
In a continued effort to provide quality aquatic related programs and facilities for the
community, funds in the amount of $330,000 have been earmarked for restroom and
locker room improvements at the MBAC as a portion of the funds necessary to
complete the project. City funding is contingent upon fundraising efforts of the
community being completed.
DISCUSSION:
The City and NMUSD jointly use the Marian Bergeson Aquatic Center under a JPA
(Attachment B) that continues to be mutually beneficial for both parties and ultimately
the community. Combined with the earmarking of funds for facility improvements, the
City is exercising the twenty -five (25) year renewal option as outlined in a letter to the
District dated January 25, 2012 (Attachment C). The joint use agreement for the Marian
Extension of the Joint Powers Agreement for Use of Marian Bergeson Aquatics Center
April 24, 2012
Page 2
Bergeson Aquatic Center is set to expire June 30, 2014 and will be extended for the
period of July 1, 2014 to June 30, 2039. The NMUSD is mutually agreeable and
approved the extension of the agreement at their school board meeting of March 13,
2012-
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Prepared by:
Submitted by:
n YauraDetweiler, Director
i Superintendent Recreation & Senior Services Department
Attachments: A. NMUSD Letter and Agreement - March 20, 2012
B. Joint Powers Agreement —July 11, 1989
C. City of Newport Beach Request for JUA Extension, January 25, 2012
Attachment A
NEWPORT -MESA Unified School District
2985 Bear Street • Costa Mesa • California 92626 • (714) 424 -5000
BOARD OF TRUSTEES
Dana Black • Dave Brooks • Walt Davenport
Martha Fluor a Katrina Foley a Judy Franco • Karen Yelsey
March 20, 2012
Mr. Dave Kiff, City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Dear Dave,
Enclosed please find two copies of the agreement for the extension of the JPA covering
the Marian Bergeson Aquatics Complex as executed with original signatures. The Board
of Education approved the extension, which will run from July 1, 2014 through June 30,
2039, at their meeting on March 130'. After the appropriate action by the City Council,
please return one signed copy for District records.
The District is looking forward to another 25 years of this continued beneficial working
relationship.
Please let me know if there are any questions or concerns.
Cordially,
Paul H Reed
Deputy Superintendent and Chief Business Official
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 11, 1989 regarding the pool at Corona del Mar High Schoul;
and
Whereas, the District and City desire to extend the term of the joint exercise of powers agreement as
provided herein.
The District, as authorized by its governing board March 13, 2012, and the City approve
the extension of the terns 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 books, 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 tinder this Agreement. The parties hereto shall preserve and cause to be preserved
such books, records and files for the audit period.
3. The District and City agree to perform their respective duties under the joint exercise of
powers agreement in accordance with its terns.
CITY OF NEWPORT BEACH
By:
Its: Mayor
By. E
i%
By:
Its: —ity Attorney
ATTEST
By:
Its:
City Clerk
NEWPORT -MESA UNIFIED
UM
Board of Education
APPROVED AS TO FORM
By:
encer E. Covert
gal Counsel for the
Newport-Mesa Unified School District
Attachment B
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 11th 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
i
size swimming Pool in the Corona del Mar area of the City of Newport Beach
(hereinafter called "Pool ").
Pool.
C. Corona del Mar High School has been selected for the site for the
D. The City and District desire to cooperate in the installation and
maintenance of the Pool.
NOW, THEI EFORE, 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 throuzh 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 having priority.
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
Superintendent 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 District in 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
0
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.
NEWPORT1I -MESA UNIFIED SCHOOL DISTRICT
BY: (1, �LUL Lf- �LLyLCO
Pr .ident Pro Tem, Board of Education
I-11A
Mayor
'Vice- President /C-rerk Pro
Board of Education
APP VED AS TO FORM: APPROVED AS TO FORM:
/tity Attorney Legal Services
City Clerk
C
�r
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. Area
565
Actual
Procrram
Team /Weight
1085
11/88
6/87
Entrance Structure:
360
400
s.f.
Entrance
480
Tickets
95
900
s.f.
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:
Coaches
565
350
s.f.
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
Total Structure Area
Pool Area to
Continuous Slot Drain
Hardscape Area
Landscape Area
_jE
IT Total Site Area
3,525 s.f.
5,240 s.f. 3,200 s.f..
14,940 s.f. 14,790 s.f.
22,820 s.f: 14,860 -s.f.
2,420 s.f.
45,420 s.f. 32,550 s. €.
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Attachment C
CITY OF NEWPOR.'r BEACH
City Manager's Office
949 -644 -3001
January 25, 2012
Mr. Paul Reed
Acting Superintendent
Newport -Mesa Unified School District
2985 Bear Street
Costa Mesa, CA 92626
RE: Marian Bergeson Aquatic Center Joint Powers Agreement
Dear Mr. Paul Reed,
As follow up to our discussion, the City of Newport Beach, per the terms of the
Corona del Mar High School Marian Bergeson Aquatic Center Joint Powers
Agreement dated July 11, 1989, hereby formally requests the 25 year renewal
period be exercised in an effort to continue our partnership in providing aquatic
related services to our community. The terms of the agreement shall remain in
full force and effect until July 1 1 "l, 2039.
The City of Newport Beach and NMUSD have partnered on many projects over
the years at the Marian Bergeson Aquatic Center to include door replacements,
office and meeting room remodeling, a new scoreboard, timing systems, shade
structures, lighting and parking lot improvements. Support will also be provided
next fiscal year for the pool filtration system replacement project. City
contributions towards these enhancements have totaled over $1.3 million to
date. With the first term of the agreement nearing completion in 2014, it is our
desire to continue this partnership to provide top notch aquatic facilities and
programs for the community.
Furthermore, City funds in the amount of $330,000 have been earmarked for
restroom and locker room improvements of the Marian Bergeson Aquatic
Center as a portion of the funds necessary to complete the project. It is
City I fall ° 3300 - Newport Bocilevard = Post OFlice Box 17/68
Vc�aport L3er.<:IT, r3l,ifo:n;a �33G5P,_$g1:. � •.��ae.ric� +porri?e�chca.gov
Letter to Mr. Paul Reed
January 25, 2012
Page 2
recognized that this effort is contingent upon fund raising efforts by the
community which have not yet been completed.
The City of Newport Beach continues to value our partnership with Newport -
Mesa Unified School District as we work collaboratively in serving the
educational and recreational needs of the community. Thank you for your
consideration.
Sincerely,
Dave Kiff
City Manager