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HomeMy WebLinkAbout8.1 Agmt Btwn CityDublin/DublinSchoolDistA . G~?? OF X F6 I`` - -4 2 AGENDA STATEMENT ?c1FOa?m PARKS AND COMMUNITY SERVICES COMMISSION MEETING DATE: May 16, 2011 SUBJECT: Agreement Between City of Dublin and Dublin Unified School District Regarding Use of Facilities Report by: Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1. Adopted Agreement dated September 25, 1989 2. Proposed Agreement dated May 16, 2011 RECOMMENDATION: Recommend approval of the Agreement to the City Council or provide alternate direction. FINANCIAL STATEMENT: None DESCRIPTION: The City Council has a high priority objective (Culture & Leisure, Parks & Community Services, #11) to update the existing agreement regarding use of facilities between the City of Dublin and Dublin Unified School District. Background In September of 1989 the City of Dublin and the Dublin Unified School District entered into an Agreement Regarding Use of Facilities (Attachment 1). Generally, the Agreement provided for the following: District shall make available to City for community recreation activities all school property within City limits of the City which may include classrooms, gymnasiums, multi-purpose rooms, athletic fields, school activity asphalt areas, and similar areas which are suitable for community recreational activities. Exhibit A of the Agreement identified the school facilities available for City use as well as the days and times they were available for use. a) City shall be responsible for scheduling the use of joint use facilities during non-school hours. b) There shall be no charge to the City for use unless such use requires custodial services or supplies in addition to those normally required for District use, or the space is available for exclusive use of the City. 2. City shall make available to District for school events, activities or programs all City recreation facilities which are suitable for said events, activities or programs. COPIES TO: ITEM NO.: 8.1 G:\PARKS COMMISSIONAGNDSTNM2011\5-16 Item 8.1 Agreement Regarding Use of Facilities.doc a) There shall be no charge to the District for use unless such use requires custodial services or supplies in addition to those normally required for City use. 3. City shall make the Dublin Swim Center available to District from February through May of each year for the purpose of conducting swim team programs, swimming instruction and other appropriate aquatic programs as agreed upon by City and District. a) District agrees to reimburse City in the amount of one-third of the actual operating cost of Swim Center for each day used by District from February through May. 4. City may install sprinkler systems, turfing, playground equipment, fencing, and additional recreational equipment on joint use facilities provided such installation is not in conflict with school use and subject to a separate improvement agreement between City and District. Exhibit B to the Agreement identified the school facilities that the City intended to improve, subject to a separate improvement agreement. a) Any permanent improvements or equipment installed or erected on joint use facilities by City shall remain City property. Implementation of Agreement The City assumed the responsibility for scheduling the use of joint-use facilities in September of 1990. Staff has reviewed the rental bookings of School District facilities for the 2010 calendar year, which was typical of the rental uses for the past few years. Over 2,480 permits (19,560 hours of use) were issued for City/community use per year. Of these hours, approximately 36% of the use was by the community and 64% of the use was for City sponsored programs. (This does not include permits issued for the Frank Stager Community Gymnasium, as there is a separate use agreement for that facility.) With regard to District use of City facilities, approximately 27 permits (100 hours of use) were issued. In addition, the Dublin Swim Center is used by the Dublin High School Swim Team for approximately 150 hours per season and for Dublin High School Physical Education Classes for approximately 160 hours per season. There are also about five permits (ten hours of use) for use of the pool per year issued for DUSD elementary schools to have end of the year swim parties in addition to use by the Swim Team. Not including the Frank Stager Community Gymnasium, there have been six school improvement projects undertaken by the City at a total cost to the City of $836,832. The projects are as follows: Dublin High School Stadium Renovation - $667,001; Frederiksen Kindergarten Play Area - $53,583; Nielsen School Play Area - $14,848; Cronin Play Area - $45,252; Dublin High School Athletic Fields Renovation (plans and specifications only) - $35,679; and Murray School 90' Baseball Field - $20,469. Proposed Agreement Both City and District Staff concur that in the 20+ years that the Agreement has been in effect, the Agreement has served the City, District and community well. Scheduling of school facilities for the community has been streamlined, the City and District have cooperated on reciprocal use of facilities, and the City has made financial contributions to the District for school improvement projects. However there are areas of the Agreement requiring minor revisions as discussed in the following paragraphs. Section 1. Use of School District Property Minor adjustments have been made to the timing for submittal to the City of available District facilities as well as calendars for District use of the facilities. Exhibit A which listed the District facilities available to the City as well as the days and times that they were available was deleted. Instead, lists of facilities will be provided by the District to the City by July 15 for the upcoming school year and by March 1 for the summer months. 2of3 Clarification has also been made on the potential charges to the City and Community for use of District facilities including a new "Energy Fee" that the District intends to impose beginning July 2012. Further, the District must provide the City with a current schedule of fees and provide written notification when the fees are to be adjusted. Section 2. Use of City Property Language has been added to this section to clarify that District use of City facilities shall be in accordance with the Facility Use Policies for the selected facility. Additionally, clarification has been made on the potential charges to the District for use of City facilities. Section 3. Use of Dublin Swim Center The only change to this section was to extend the time that the Swim Center is available for District use from May to June annually. All fees as agreed upon in the original Agreement will remain in place. Section 4. Improvements to District Property Exhibit B which listed the joint use facilities that the City intended to improve was deleted. The list was outdated and the majority of the projects have been completed by either the District or the City. Instead the City and District may enter into a separate agreement for future projects. These agreements would also address the use and ownership of the improvements. Section 6. Insurance This section was added to the Agreement; the prior Agreement did not specifically address insurance provisions between the City and District. The insurance language is fairly standard for an Agreement between parties such as this one and has been reviewed by both the City's insurance provider and the District's insurance provider. Section 8. Review This section was added to the Agreement. It is recommended that the Agreement be reviewed on a biennial basis or more often as needed. Section 9. Representation of Comprehension of Document This section was added to the Agreement and clarifies that both parties have reviewed and revised or had the opportunity to review and revise the Agreement. Section 11. Counterparts This section was added to the Agreement and is standard language for an Agreement between parties such as this one. RECOMMENDATION: Staff recommends that the Parks and Community Services Commission recommend approval of the Agreement to the City Council or provide alternate direction. 3 of 3