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HomeMy WebLinkAboutReso 85-11 DUSD Facility UseRESOLUTION NO. 85 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **~****~* APPROVING AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL D{STRICT REGARDING USE OF FA-CILiTIES WHEREAS, the City of Dublin, through its' Parks and Community Services Department, and the Dublin Unified District are mutually interested in providing an adequate program of community recreation under the sponsorship of the City; and WNEREAS, Education Code Section 10900 et. 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, on September 25, 1989 the City of Dublin and the Dublin Unified School District entered into an Agreement Regarding Use of Facilities; and WHEREAS, in the 20+ years that the Agreement has been in effect, the Agreement has served the City, District and community well; and WHEREAS, there are areas of the Agreement requiring minor revisions to reflect how the Agreement is actually being implemented and to clarify areas of ambiguity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement (attached hereto as Exhibit A) with the Dublin Unified School District regarding use of facilities. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 7th day of June, 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti NOES: None ABSENT: Councilmember Hildenbrand ABSTAIN: None N J,~- ,~~.~, Mayor ATTE : ~ ~.-_ Y City Clerk Reso No. 85-11, Adopted 6-7-11, Item 7.1 Page 1 of 1 ~~ ~ ~ AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN.UNIFIED SCHOOL DISTR{CT REGARDING USE OF FACILITIES THIS AGREEMENT, made and en#ered into this day of , 2011, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY" and the DUBLIN UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT". W~TNESSETH WHEREAS, the CITY, through its' Parks and Community Services Department, and the DISTRICT are mutually interested in providing an adequate program of community recreation under the sponsorship of the CITY; and ~ WHEREAS, Education Code Section 10900 et. seq. of the State of Califomia 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. Said property shall be free and clear of defects. By July 15 of each year, DISTR{CT shall provide to C1TY a list of school facilities available for community recreational activities during the upcoming school year, from September through May. By March 1 of each year, DISTRICT shall provide to CITY a list of school facilities available.for community recreational activities during the upcoming summer months, from June through August. The list sha11 be by school and include the tlays antl times available for use during non-school hours. The facilities described on these lists shall be referred to as "joint use facilities". a. CITY shall use joint use facilities at such time and in such a manner as not to interfere with their use for regufarly 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 CITY and DISTRICT. For the purpose of this agreement, all non-District use shall be consideretl C{TY use of the facilities. . CITY divides its calentlar into three seasons: Summer Season, Fall Season, and WinterlSpring Season. Prior to the commencement of each Season, CITY shall use its best effo~ts to schetlule all activities to take place during that season. In no event shall CITY reserve facilities less than ten (10) working days prior to CITY's need of facility. DISTRICT shall make every effo~t possible to avoid cancellation of a CITY confirmed reservation less than ten (10) wo~king days Agreement between City of Dublin and Dublin Unified School District June 7, 2011 Regarding Use of Facilities -- ~-~ Page 1 of 6 EXHIBIT A 1 ~, ~ prior to the programmed activity. In case such cancellation cannot be avoided, DISTRICT shall make every effort to provide an altemate School area or facility. b. In scheduling joint use facilities, the foflowing uses 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. intlividual 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 Parks and Community Services Department. 3) Use by community organizations whose primary purpose is seNice to youth or the improvement of the general welfare of the community (Boy/Girl Scouts, Youth Athletic Leagues, and similar organizations). 4) Use by civic and service groups such as Chamber of Commerce, League of Women Voters, Rotary, Lions, Kiwanis, 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 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 n~t expended for pupil welfare or charitable purposes. ~ The charge to the CITY for use of DISTRICT facilities shall consist of the following factors: 1) Use of custodial services or supplies in addition to those normally required for DISTRICT use. The charge for custodial services or supplies shall be at the rate charged by DISTRICT to nonprofit organizations. 2) Charge for any space made available for exclusive use of the CITY, to the exclusion of any other parry, including DISTRICT. The charge for exclusive use of DISTRICT space shall be at the rate charged by DISTRICT to nonprofit organizations. 3) An "energy use fee" covering the costs to DISTRICT of providing energy to the facilities during such times as CITY uses DISTRICT facilities, provided that said energy use fee shall not be assessed by DISTRICT for any use of DISTRICT facilities occurring prior to July 1, 2012. Prior to charging CITY for any of the above listed rates, DISTRICT shall provide CITY with a current schedule of the amount of the rates. If during the term of this Agreement, DISTRICT believes that any of the established rates are insuffcient in any respect, DISTRICT shall immetliately inform CITY in writing of this fact. As soon as practicable; DISTRICT shall provide CITY with the proposed new rate. In no event shalf DISTRICT charge a higher rate than those specified in the schedule provided to CITY. 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. Agreement between City of Dublin and Dublin Unified School District June 7, 2011 Regarding Use of Facilities Page 2 of 6 ~~ ~ ~ e. There shail 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 DIS7RICT representative shall be charged by CITY or DISTRICT 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 o~ present a safety factor for any user. In the case of vandalism, the CITY shall notify the Dublin Police Department of all vandalism as soon as possible. DISTRICT shall bill the responsible organization for the cost of repairing vandalism or damage that is the result of a scheduled activity. 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, the CITY and DISTRICT. ~ DISTRICT shall bill the cost of repairing vandalism or damage that is the result of a scheduled 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. Said facilities shall be free and clear of defects. The facilities shall be selected by the DISTRICT in writing, subject to the written approval of the CITY, 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 be scheduled in accordance with the Facility Use Policies for the selected facility. CITY shall make every effort possible to avoid cancellation of a confirmed School reservation less than ten (10) working days prior to the programmed activity. In cases that such cancellation cannot be avoided CITY shall make every effort to provide an altemative City area or facility. b. There will be no charge to the DISTRICT for use of CITY Property unless such use requires custodial services or supplies in addition to those normally required for CITY use; the event is classified as a fundraising event in accordance with the Facility Use Policies for the selected facility; or for sports field lighting. In this case, the DISTRICT agrees, upon receipt of a written invoice from CITY, to reimburse the CITY for the DISTRICT'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. CITY shall bill the DISTRICT for the cost of repairing any vandalism or damage that is the result of a scheduled activity. 3. USE OF DUBLIN SWIM CENTER. CITY shall make the Dublin Swim Center available to DISTRICT from February through June 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. Agreement between City of Dublin and Dublin Unified School District June 7, 2011 Regarding Use of Facilities ~ Page 3 of 6 a~ 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, CITY shall provide lifeguards to provide acceptable coverage of the pool, and rescue/first aid services. DISTRICT shall reimburse CITY for 100% of the actual costs of providing lifeguarding services. During periods of time the Swim Center is used by DISTRICT, DISTRICT agrees to assume responsibility for the following: ~ a) Superoision of persons using the pool; b) Equipment necessary for the swim team's use including towels, suits and other equipment, provided, however, that CITY shall provide access to typical competitive swimming equipment such as lane lines, backstroke pennants, pace clock and kickboards; c) Qualified swim instructors, swim coaches and other necessary personnel to carry out the program; . d) DISTRICT shall assist with covering the pool while not in use and uncovering it while in use; e). DISTRICT shall be responsible for superoision of participants at all 6mes when the Swim Center is in use by DISTRICT and shall reimburse the CIN for any damages to the pool or other structures or installations caused by DISTRICT as a result of negligence or vandalism, other than acts of God or ordinary wear and tear. 4. tMPROVEMENTS TO DISTRICT PROPERTY. CITY and DISTRICT may enter into a separate agreement for the installation of sprinkler systems, turfing, playground equipment, fencing, and additional recreational equipment on joint use facilities. Both CITY and DISTRICT agree to negot~ate in good faith to enter into such agreements. Any such agreement for installation or erection of permanent improvements or equipment on joint use facilities by CITY shall address the use and ownership of such improvements or equipment, as well as the reimbursement or removal of such improvements or equipment in the event that either Party terminates this Agreement or disposes of any joint use facility. ~ 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 on any claim, lawsuit or judgment 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. - Agreement between City of Dublin and Dublin Unified School District June 7, 2011 Regarding Use of Facilities Page 4 of 6 ~-~ aa 6. INSURANCE. Each party hereto shall at all times maintain a policy of comprehensive general liability insurance in the principal amount of at least $1,000,000,00 combined single limit per occurrence for bodily injury, personal injury and property damage. Said policy held by DISTRICT shall be endorsed to the name of CITY, its officers, employees, agents and volunteers as additional insureds regarding liabilities arising out of maintenance, operation and use of the joint use facilities. Said policy shall be endorsed as primary and shall contain provisions which preclude policy suspension, policy cancellation, or reduction in policy limits except after thirty (30) days pnor written notice to CITY by certified mail, retum receipt requested. Said policy held by City shall be endorsed to the name of DISTRICT its officers, employees, agents and volunteers as.adtlitional insured regarding liabilities arising out of maintenance, operation and use of joint use facilities. Said policy shall be endorsed as primary and shall contain provisions which preclude policy suspension, policy cancellation, or reduction in policy limits except after thirty (30) days prior written notice to DISTRICT by certified mail, return receipt requested. Neither pa~ty's insurance carrier/company shall have any recourse against the non-policy holder party, its officers, employees or agents for the payment of any premiums or assessments under any policy of insurance issued to DISTRICT or CITY and endorsed as set forth herein. The parties understand and agree that each party shall be responsible' for the payment of any deductibles under the policies of insurance in effect under the terms of this agreement, subject to the right of the party to exercise any and all remedies available to it for recoupment of these monies. 7. DISPUTES. In the event of a disagreement between the CITY and the DISTRICT on the interpretation of any provision of this Agreement, the City Manager and District Superintendent, or their designees, shall meet and resolve the differences within thirry (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 bome equally by CITY and DISTRICT. 8. REVIEW. This Agreement shall be reviewed on a biennial basis or more often as needed. 9. REPRESENTATION OF COMPREHENSION OF DOCUMENT. Each party has reviewed and revised or had the opportunity to review and revise this Agreement. Accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendment of it that has been reviewed and/or revised by both parties. 10. 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 separate 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 and DISTRICT. This Agreement shall remain in full force and effect so long as CITY and DISTRICT shall maintain and operate facilities capable of joint use; provided, however, that this Agreement may be amended by mu#ual consent at any time, or terminated on the 30th day of June of any year hereafter upon either party giving written notice to the other party, 180 days prior to termination date, of its intention to so terminate. 11. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each full set of which shall constitute a full enforceable counterpart of this Agreement, all of which together shall constitute but one Agreement. ~ Agreement between City of Dublin and Dublin Unified School District June 7, 2011 Regarding Use of Facilities Page 5 of 6 ~ ~~~ IN W{TNESS WHEREOF, the parties have caused ~this Agreement to be executed by their respective o~cers and duly authorized by the CITY the day and year first above written. ATTEST: CITY OF DUBLIN, a municipal corporation By City Clerk ATTEST: By Clerk of Board 1340642.4 By . Mayor DUBLIN UNIFIED SCHOOL DISTRICT By President, Board of Trustees Agreement between City of Dublin and Dublin Unified School District Regarding Use of Facilities June 7, 2011 Rage 6 of 6