HomeMy WebLinkAbout8.1 Attch 1 AdoptedAgmt09-25-1989
AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
THIS _AGREEMENT, made and entered into this OV-9day of
6?0. , , by and between the CITY OF DUBLIN, a municipal
corporation, hereinafter called "CITY" and the DUBLIN UNIFIED
SCHOOL DISTRICT, hereinafter called "DISTRICT".
WITNESSETH
WHEREAS, the CITY, through its` Recreation Department; and
the DISTRICT are mutually interested in providing an adequate
program of community recreation under the sponsasship of the
CITY: and
WHEREAS, Education Code. Section 10900 at. seq. of the State
of California authorizes and empowers cities and school districts
to organize, promote and conduct programs of community recreation
which will contribute to the attainment of general recreational
and educational objectives for children and adults. of this State,
and to enter into agreements with each other for such purpose;
And
WHEREAS, in the interest of providing the best service with
the least possible expenditure of public funds, full cooperation
between CITY and DISTRICT is both necessary and desirable.
NOW, THEREFORE,.in consideration of the promises herein CITY
AND DISTRICT agree as follows:
1. USE OF SCHOOL DISTRICT PROPERTY. DISTRICT shall make
available to CITY for community recreation activities all school
property within the City limits of the City of Dublin which may
include classrooms, gymnasiums, multi-purpose rooms, athletic
fields, school activity asphalt areas, and similar areas which
are suitable for community recreational activities. The school
facilities listed on Exhibit A shall be available to CITY at the
times stated on Exhibit A on an on-going basis. Additional
property or facilities or different periods of use, provided,the
total hours on Exhibit A is the minimum number of hours of use,
may be selected by the Recreation Director of CITY (hereinafter
called "Director") or designated representative subject to.the
written approval of the Assistant Superintendent of DISTRICT.
The facilities listed on Exhibit A and any property or facilities
selected by CITY and.approved by DISTRICT, shall be referred to
as "joint use facilities".
a. CITY shall use joint use facilities at such time
.and in such a manner so as not to interfere with
their. use for regularly scheduled school purposes.
CITY 'shall be responsible for scheduling the use
of• joint use facilities during non-school hours.
All requests for use of joint use facilities by
CITY, DISTRICT or other community groups shall be
submitted in writing to the CITY in a manner
jointly developed by the Director and Assistant
Superintendent. For the purposes of this
agreement,': all non-District use shall be
considered CITY use of the facilities.
Sched'uling shall occur to coincide with the Summer
program season, Fall season and Winter/Spring
seasons but no less than four (4) weeks prior to
need of facility. DISTRICT shall make every
effort .possible to avoid cancellation of a CITY
confirmed reservation less than four (4) weeks
prior to the programmed activity. In cases that
such cancellation cannot be avoided, DISTRICT
shall make every effort to provide an alternate
School area or facility.
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ATTACHMENT 1
b. In . eduling joint use facilit s, the following
use's will be given priority in descending order:
1) DISTRICT instructional and related
activity programs.
2) Events or activities (a) designed to
serve the youth and citizens of the
individual school community which are
planned and directed by school related
groups (PTA, Band Boosters, and
similar groups) and (b) connected
with community recreational programs
sponsored by the City Recreation
Department.
3) Use by community organizations whose
primary purpose is service to youth or
the improvement of the general welfare
of .the community (Boy/Girl Scouts,
Youth Athletic League, and similar
organizations).
4) Use by civic and service groups such as
Chamber of Commerce, League of Women
Voters, Rotary, Lions, Riwanis,
whose purpose, through the use of school
facilities, is to improve the general
welfare of the community and, where
admission is charged, whose net receipts
are expended for welfare of the youth or
other charitable purposes.
5) Use y: by individuals or groups who are
eligible to rent the facilities for
legitimate purposes in accordance with
the. Education Code Section 10901 and
whose net receipts are not expended for
pupil welfare or charitable purposes.
C. There will 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 the
exclusive us,e of the CITY. If additional
custodial services are required, or the space is
available for the exclusive use of the CITY, the
charge shall be at the rate charged by DISTRICT to
nonprofit organizations.
d. CITY shall be responsible for any damage to joint
use facilities except general wear and tear which
may result from any community recreation activity
being conducted by CITY on joint use facilities.
e. There shall be a CITY or DISTRICT representative
on site .whenever the inside of joint use
facilities `is being used. If the activity takes
place at a time when DISTRICT representatives are
not normally.scheduled to be on duty, the cost of
providing a CITY or DISTRICT representative shall
be charged by CITY to the responsible
organization..
f. CITY shall notify the DISTRICT if joint use
facilities used by the CITY have been vandalized,
damaged, or are in need of repair or present a
safety factor for any user. In the case. of
vandalism, the CITY shall notify the Dublin Police
Department o( all vandalism as soon as possible.
g. Use scheduled by groups under paragraph 1(b)(2)-
(5) shall require public liability insurance in an
amount and form acceptable to and approved by
CITY.
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DISTRICT sha bill the cost of reps '.ng vandalism. or
damage that is the result of a scheduleu activity to_ the
responsible organization.
2. USE OF CITY PROPERTY. 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. The facilities shall be selected by the
Assistant Superintendent in writing, subject to the written
approval of the Director, and shall be referred to as "CITY
property".
a. In scheduling CITY Property, CITY sponsored
programs shall have first priority of scheduled
use. School activities shall have second priority.
Such scheduling shall occur on a g4arterly basis
to coincide with Summer program season, Fall
season, Winter season and Spring season but no
less than four (4) weeks prior to need of
facility. CITY shall make every effort possible
to avoid cancellation of a confirmed School
reservation less than four (4) weeks prior to the
programmed activity. In cases that such
cancellation cannot be avoided CITY shall make
every: effort to provide an alternative City area
or facility.
b. There will 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. In this case, the DISTRICT agrees
upon a written invoice from CITY to reimburse the
CITY it's share of expenses for direct cost of the
operations.of such facility.
C. DISTRICT shall be responsible for any damage to
CITY Property other than general wear and tear
which may result from any DISTRICT sponsored
activity being conducted by DISTRICT on CITY
Property.
d. DISTRICT shall provide qualified personnel for the
activity to supervise DISTRICT activities
conducted on CITY Property. Personnel employed by
DISTRICT shall be supervised by DISTRICT.
e. DISTRICT shall notify CITY if CITY Property used
by the DISTRICT has been vandalized, damaged, is
in need of repairs or presents a safety factor to
any user.
3. USE.OF DUBLIN SWIM CENTER. 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. DISTRICT agrees to reimburse
CITY in the amount of one-third of the actual operating cost of
Swim Center during the ;period of time used by DISTRICT.
Operating costs shall be defined to include gas and electricity,
water and sewer, chemicals and maintenance.
DISTRICT shall submit.to CITY a schedule of hours and days
during which DISTRICT will use facilities. CITY agrees that
DISTRICT may use said facilities during time periods and on.days
set forth in said schedule, as approved by CITY in writing.
DISTRICT may change days and times of use upon forty-eight (48)
hours advance notice to CITY in writing.
During periods of time the Swim Center is used by DISTRICT,
DISTRICT agrees to assume responsibility for the following: .
a. Supervision.
J) Supervision of persons using the pool;
2) Equipment necessary for the swim team's use
including towels, suits and other equipment;
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3) Qualified swim instructor life guards and
other necessary personnel to carry out the
program;
4) Covering the pool while not in use. and
uncovering it while in use;
b. DISTRICT shall be responsible for pool's
supervision at all times when the Swim Center is
in use by DISTRICT and shall reimburse the CITY
for any damages to the pool or other structures or
installations caused by DISTRICT as a result of
negligence, other than acts of God or ordinary
wear and tear.
4. IMPROVEMENTS TO DISTRICT PROPERTY. CITY may install
sprinkler systems, turfing, playground equipment, ..fencing, and
additional recreational equipment on joint use facilities
provided suchcinstallation is not in conflict with school use and
subject to a :separate imp.rov.ement agreement between CITY and
DISTRICT. Listed on Exhibit B are those joint use facilities
CITY intends to improve,. subject to a separate improvement
agreement. Both CITY and DISTRICT agree to negotiate in good
faith to enter into such agreements.
Any permanent improvements or equipment installed or erected
on joint use facilities by CITY shall remain the property of
CITY. In the event that the DISTRICT terminates this Agreement
or disposes of any of the joint use facilities, CITY shall have
.the following options:
a.. Remove the improvements, or any portion thereof,
and restore the joint use facilities to at least
as good a condition as existed prior to the
construction.or installation of such improvements,
normal wear and tear excepted, at CITY's cost and
expense.
"s
b. Receive reimbursement from DISTRICT for the value
of the improvements or equipment, which value
shall be determined by an appraiser or appraisers
jointly selected by CITY and DISTRICT, based on
the cost approach.
All such'- improvements and facilities constructed or placed
on joint use facilities shall be available to DISTRICT to use for
school purposes during such time as the property is not being
used by CITY..
5. INDEMNIFICATION. Each party hereto shall indemnify and
hold harmless and defend the other party, its officers, agents or
employees, from any and all liability, damage, cost or expense
which any indemnified party shall become obligated to pay by
reason of any claim, lawsuit or judgement on account of injury to
property or injury or death to persons received or suffered as a
result of the use of property by the indemnitor pursuant to this
agreement. Further, each party hereto shall be responsible for
any and all damage to the :property of the other party resulting
from such liable party's use of facilities pursuant to this
agreement.
6. DISPUTES. In the event of a disagreement between. the
CITY and the DISTRICT on. t'he interpretation of any provision of
this Agreement, the City Manager and District Superintendent, or
their designees, shall meet and resolve the differences within
thirty (30) days. If they are unable to resolve their
differences, the dispute shall be resolved by an arbitrator
selected by the parties from a list provided by the American
Arbitration Association, pursuant to its rules. The costs of the
arbitrator shall be borne equally by CITY and DISTRICT.
7. TERM. This Agreement provides for a program of
community recreation activities using DISTRICT Property, and
DISTRICT sponsored activities using CITY Property. It is
intended to establish the general understanding of the parties
(except as provided by aeparate agreements relating to specific
joint use facilities) between CITY and DISTRICT pertaining to the
use of specific facilities at a particular named site belonging
to CITY or'DISTRICT.
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This Agreemer shall remain in full ford nd effect so long
as CITY and DISIKICT shall maintain and operate facilities
capable of joint use; provided, however, that this Agreement may
be amended by mutual. consent or terminated on the 30th day of
June of any year hereafter upon either party giving written
notice to the other party,. 1'80 days prior. to termination date, of
its intention to so terminate.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed by their respective officers and duly authorized
.by the CITY the day and year first above written.
ATTEST: CITY 0 DUBLIN,
a uhi pal cor oration
i ler or
B? V [9
ATTEST: vVV DUBLIN UNIFIED SCHOOL DISTRICT
By / By 4&&,d dz&.
Clerk of Board P esident, Board of
Trustees
... . .. 16.
EXHIBIT A
DUBLIN HIGH SCHOOL
Gymnasium
Saturday September-October 7:00am-11:00pm
November-March 12Noon-11:00pm
April-July 7:00am-11:00pm
August Closed-Maintenance
Sunday September-July
August
Monday September-October
November-March
April-May
June-July
August
7:00am-11:00pm
Closed-Maintenance
5:00-7:00pm
Not Available
5:00-7:OOpm
7:00am-12Noon
Closed-Maintenance
Tuesday September-May
June-July.
August
Wednesday Same as Monday
Thursday Same as Tuesday.
Friday September-December
January-March
April-May
June-July
August
Tennis Courts/Athletic Fields
September-June
July-August
Not Available
7:00am-12Noon
7:00-11:00pm
Closed-Maintenance
6:30-11:00pm
Varies according to BB Game
Schedule
7:00-11:00pm
7:00am-12Noon
6:00-11:00pm
Closed-Maintenance
Varies according to inter-
scholastic sports schedule
7:00am-Dusk
Building E
Daily at least two classrooms after 3:00pm, unless scheduled by
Las Positas College.
FREDERIKSEN SCHOOL
Multi-Purpose Room
September-June
Monday-Friday/3:00-11:00pm
Saturday-Sunday/7:00am-11:00pm
July-August Daily/7:00am-11:00pm
EXHIBIT A
Page Two
Athletic Fields
September-June
July-August
Kindergarten Tot Lot
September-June
July-August
MURRAY SCHOOL
Multi-Purpose Room
September-June
July-August
Athletic Fields
September-June
July-August
Classroom #6
September-June
NIELSEN SCHOOL
Multi-Purpose Room
September-June
July-August
Athletic Fields
September-June
July-August
Portable #2
September-June
WELLS SCHOOLS
Multi-Purpose Room
September-June
Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
Daily/7:00am-Dusk
Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
Daily/7d00am-Dusk
Monday-Friday/3:00-11:00pm
Saturday-Sunday/7:00am-11:00pm
Daily/7:00am-11:00pm
Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
Daily/7:00am-Dusk
2:00-5:OOpm
Monday-Friday/3:00-11:00pm
Saturday-Sunday/7:00am-11:00pm
Daily/7:00am-11:00pm
Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
Daily/7:00am-Dusk
2:00-5:OOpm
Monday-Friday/3:00pm-11:00pm.
Saturday-Sunday/7:00am-11:00pm
r
EXHIBIT A
Page Three
WELLS SCHOOLS
Athletic Fields
September.-June Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
July-August Daily/7:00am-Dusk
Upon completion of the Wells School Gymnasium, the City shall
have access at least 3 days per week after 7:00pm and all day on
Saturday/Sunday.
EXHIBIT B
Project Cost Estimate
1. DHS Football Field Renovation to include $673,900
all weather track and new press box
2. DHS Girls Athletic Fields $186,370
3. DHS Baseball Fields $270,980
4. DHS Tennis Court Renovation $ 65,500
5. DHS Outdoor Lighting (to be done in $ 20,000
conjunction with projects 1-4)
6. C.H. Frederiksen Kindergarten Tot Lot $ 33,980
7. Nielsen Athletic Field Renovation, Play $310,450
Area Renovation and Outdoor Lighting
8. Wells-Cronin Athletic Field Renovation $277,100
and Outdoor Lighting
9. C.H. Frederiksen Athletic Field Renovation $ 68,600
and Outdoor Lighting
10. Murray School Athletic Field Renovation $3259970
and Outdoor Lighting
11. Dublin Elementary Athletic Field Renovation, $795,680
Mini-Park and Outdoor Lighting
April 1989