HomeMy WebLinkAbout7.1 School Dist Facility UseG~~~ OF ~U~~~
~
i9`~;~~z STAFF REPORT C I T Y C L E R K
`c~ ~~ DUBLIN CITY COUNCIL File #^~f ~ 0^-3^~
`1LIFOR~
DATE: June 7, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC : Agreement Between City
Use of Facilities
Prepared By: Diane Lowart,
EXECUTIVE SUMMARY:
of Dublin and Dublin Unified School District Regarding
Parks & Community Services Director
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: The City Council will consider proposed revisions to the
Agreement as negotiated befinreen the City and District and recommended by the Parks and
Community Services Commission.
FINANCIAL IMPACT:
On an annual basis, funds are included in the Parks and Community Services Department
Budget to cover the use fees charged for District Facilities. The estimated cost to the City for
use of District Facilities for Fiscal Year 2010-2011 is $67,000.
RECOMMENDATION:
Staff recommends the City Council adopt the Resolution approving the Agreement Between
City of Dublin and Dublin Unified School District Regarding Use of Facilities.
4LtJ G~
~
Submitted by:
Parks and Community Services Director
~~ ~ -
~
Reviewed by:
Assistant City Manager
Page 1 of 5 ITEM NO. !•/
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:
1. 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.
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 befinreen 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 Aareement
The City assumed the responsibility for scheduling the use of joint-use facilities in September of
1990. Initially, one-quarter of an Office Assistant's time was spent on facility scheduling. Due
to an increase in joint-use facilities and bookings, it is now estimated that two-thirds of an Office
Assistant's time is spent on facility scheduling.
~With regard to City/community use of District facilities, 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 several 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
Page 2 of 5
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 (10 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 us.e by the Swim Team.
Not including the Frank Stager Community Gymnasium, there have been seven school
improvement projects undertaken by the City at a total cost to the City of $986,832. The
projects are as follows: Dublin High School Stadium Renovation (1989) -$667,001; Frederiksen
Kindergarten Play Area (1990) -$53,583; Nielsen School Play Area (1991) -$14,848; Cronin
Play Area (1991) -$45,252; Dublin High School Athletic Fields Renovation (1991 - plans and
specifications only) -$35,679; Murray School 90' Baseball Field (1992) -$20,469; and Dublin
Elementary School Athletic Fields (1999) - $150,000.
Proposed Aareement
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. Attachment 2 is a"redlined" copy of the original
Agreement showing the proposed additions and deletions.
Section 1. Use of School District Propertv
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.
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. At this time, the financial impact of this fee is unknown as the fee has yet to be adopted.
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 Propertv
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
This section has been changed 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. Additionally the responsibility for supervision of the Swim Center when used by the
District has been clarified.
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. In its place, 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.
Page 3 of 5
Section 5. Indemnification
No revisions proposed.
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 befinreen parties such as this one and has been reviewed by, and agreed to,
by both the City's insurance provider and the District's insurance provider.
Section 7. Disputes
No revisions proposed.
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 10. Term
No revisions proposed.
Section 11. Counterparts
This section was added to the Agreement and is standard language for an Agreement between
parties such as this one.
Parks and Communitv Services Commission Recommendations
The Parks and Community Services Commission reviewed the proposed revisions to the
Agreement at its meeting of May 16, 2011. The Commission was supportive of the proposed
revisions to the Agreement; however, the Commission questioned whether the District would be
charged for use of the Fallon Sports Park under the Agreement. Vice Chair Totaro indicated
that the Dublin High School (DHS) Soccer Teams have expressed a desire to use the synthetic
turF fields for games and tournaments. Staff clarified that, unless there is additional
maintenance or supplies required as a result of DHS use or if the fields are used for fundraising
purposes, there would be no charge. Because the Agreement did not specifically address the
use of field lights, Staff proposes that Section 2.b be further revised as shown below.
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} ef the event is classified as a fundraising event in accordance with the Facility Use
Policies for the selected facility: or for sports field liahtina. 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.
A Resolution approving the Agreement Between City of Dublin and Dublin Unified School
District Regarding Use of. Facilities is Attachment 3. The proposed Agreement is Exhibit A to
the Resolution.
Page 4 of 5
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was distributed to the Dublin Unified School District and the Parks
and Community Services Commission.
ATTACHMENTS: 1. Adopted Agreement dated September 25, 1989
2. "Redlined" Copy of Agreement
3. Resolution Approving Agreement Between City of Dublin
and Dublin Unified School District Regarding Use of
Facilities with proposed Agreement as Exhibit A
Page 5 of 5
1 aa
~b
AGAEEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
THIS GREEMENT, made and entered into this ~~day of
~~, /~, by and between the CITY OF DUBLIN, a municipal
corporation, hereinafter called "CITY" and the DUBLIN UNIFIED
SCHOOL DISTRICT, hereinafter called "DISTRICT".
WSTNESSETH
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 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 euch purpose;
and
WHEREAS, in the interest of providing the best service with
the least possible expenditure of public funds, full cooperation
between CITY arid DISTRICT is both necessary and desirable.
N~W, THEREFORE,.in consideration o.f 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, gymnasi;ums, 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 CI1'Y 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 Exh,ibit A and any property or facilities
selected by CITY and approved by DISTRICT, shall be referred to
as "joint use facilities".
CITY shall use joint use facilities at such time
and i,n snch a manner so as not to interfere with
their. use for r.egularly 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, DISTR.ICT. or other community groups shall be
submi,tted in writing to the CITY in a manner
joinEly developed by the Director and Assistant
Superintendent. For the. purposes of this
agreement, all aon-District use shall be
considered CITY use of the facilities.
Scheduling 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 canceliation cannot be avoided, DISTRICT
shall make every effort to provide an alternate
School area or facility. '
-1- 7i ~ ~p' ~ ~ f (
ATTACHMENT 1
a~
~.
• b. In . eduling joint use facilit s, the followirig
uses will be given priority_in descending or;der:
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 we~fare
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, throagh the use of school
facilities, is to improve the general
welfare of the community and, where
admission is charged, whose net receipts
are experided for welfare of the youtfi 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 109~1 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 t3me 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
organizatio.n..
f. • CITY shall notify the DISTRICT if joint u.se
facilities nsed by the CITY have been vandalized,
damaged,.or are in need of repair or present a
` safety factor for any user. In the ca5e: of
vandalism, the CITY shall notify the Dublin P.olice
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.
-2-
~ ~~j-`
DISTRICT sha bill.the cost of repa '.ng vandalism or ~1~,~
damage that is cne result of a schedulec, activity to., the
responsible organization.
2. USE OF CITY PROPERTY. CITY shall make available to
DISTRICT for School events, activities or programs all CTTY
recreation facilities which are suitable for said • events,
activities or programs. The faciliti.es 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 shaTl have first priority of scheduled
use. School activities shall have second priority.
Such scheduling shall occur on a 94arterly 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 pos-sible
to avoid cancellation of a confirmed School
reservation Iess 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 Citp area
~or facility.
b. There will be no charge to the DISTBICT 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
CTTY 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 resulL .from any. DISTRICT sponsored
~ activity bei:ng conducted by D'ISTRICT on CITY
Property.
d. DISTRICT shall provide qualified personnel for the
activity to supervise DISTRICT activities
conducted on.CITY Property. Personnel employ.ed by
DISTRICT shall be supervised by DISTRICT.
e: DISTR.ICT shall notify CITY if CITY Proper.ty 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 ~ppropriate 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 sa:id 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.
1) Supervision of persons using the pool;
2) Equipment necessary for the swim team's. use
including towels, suits and other equipment;
-3-
3) ~ualified 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 C.ITY
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. CITX 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 imp.rov.ement agreement between CITY and
DISTRICT. Listed on Exhib•it B are .those joint use facilities
CITY intends to improve,: subject to a separate improvement
agreement. Borh CITY and DISTRICT agree to negotiate.in good
faith to enter,into such ag.reements.
Any permanent impronements 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 l:east
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.
,~ .
b. . Receive reimbursement from DISTRICT for the"value
of the improvements or equipment,. which value
shall be determined by an appraiser or appra'isers
jointly selected by CITY and DISTRICT, based on
the cost approach.
All such'•improvements and facilities constructed or placed
on joint use facilities sliall be available to DISTRICT to use for
school purposes during such time,as the property is not being
used by CITY.. .
5. IAIDEMNIFICATION. 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 par"ty shall become obligated to pay by
reason o£ 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 resuTting
from such liable party's. use of facilities pursuant to this
agreement.
b. DISPUTES. In the event of a disagreement between.the
CITY and the DISTRI.CT on. the interpretation of any provisi.on 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 Amer.ican
Arbitration Associatioo, 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
DISTRTCT sponsored activxties 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 CTTY~and DISTRICT pertaining to the
use of spe~.ific facilities at a particular named site belonging
to CITY or DISTRICT.
~ a~
~
-4-
~ ~
This Agreemer shall remain in full forc~ nd effect so long ~
as CITY and DIS'Y~tICT shall maintain and opexate facilities
capable of joint use; provided, however, that this Agreement may
be amended by mutual conse'~t or terminated on the 30th dag. of
.Iune of any year hereafter upon either party giving written -
notice to the other.party,. l`80 days prior. to termination date,.of ~
its intention to so terminate.
IN WITNESS WHEREOF, the parties have caused this Agre:ement •
to be executed by their respective offi.cers and duly authorized
by the CITY the day and year first above written.
. ATTEST: CITY 0 DUBLIN,
~ a muui pal cor o~ation
By(~ ~ rG~
i ler or
ATTEST: DUBLIN UNIFIED SCHOOL DISTRICT
B y ~~c e~ ~:uJ B r ~,.hhi~ ~. ~r/. / - ~i./..~~s
Clerk of Board P esident, Board , of
Trustees
i
.~
..
. _
~ ~,r
~
~.
.~
~
EXHIBIT A
DUBLIN HIGH SCHOOL
Gymnasium
Saturd.ay. September-October 7:OOam.-11r00pm
November-March 12Noon-11:OOpm
April;July 7:OOam-11:OOpm
August Closed-Maintenance
Sun.day September-July 7:OOam-11:OOpm
August Closed-Maintenance
Monday September-October 5:00-7:OOpm
November-March Not Available
April-May 5:00-7:OOpm
June-July 7:OOam-12Noon
August Closed-Maintenance
Tuesday September-May Not Available
June-July. 7:OOam-12Noon
7:OQ-11:OOpm
August Closed-Maintenance
Wednesday Same as Monday
Thursday Same as Tuesday
Friday September-December 6:30-11:OOpm
January-March Varies according to BB Game
Schedule
April-May 7:00-11:OOpm
;Tune-July 7:OOam-12Noon
6:00-11:OOpm
August Closed-Maintenance
Tennis Courts/Athletic Fields
September-June
July-August
Varies according to inter-
scholastic sports schedule
7:OOam-Dusk
Buildirig E
Daily at least two classrooms after 3:OQpm, unless scheduled by
Las.Positas College.
FREDERIKSEN SGHOOL ~
Multi-Purpose Room ~
September.-June Monday-Friday/3:00-11:OOpm
Saturday-Sunday/7:OOam-11:OOpm
July-August Daily/7:OOam-11.:OOpm
. . .-~
EXHIBIT A
Page Two
Athletic Fields
September-June
July-August
Kindergarten Tot Lot
September-June
July-August
MURRAY.SCHOOL
Multi-Purpose Room
Sept.ember-Ju.ne
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
Portable #2
July-August
September-June
WELLS SCHOOLS
Multi-Purpose Room
September-June
, ., : . . .
-1 . . . ~,.• . ~
Monday-Friday/3:OOpin-Dusk
Saturdap-Sunday/7:OOam-Dusk
Daily/7:OOam=Dusk
Monday-Friday/3:OOpm-Dusk
Saturday-Sunday/7:OOam-Dusk
Daily/7:OOam-Dusk
Monday-Friday/3:00-1Z:OOpm
Saturday-Sunday/7:OOam-11:OOpm
Daily/7:OOam-11:OOpm
Monday-Friday/3:OOpm-Dusk
Saturday-Sunday/7:OOam-Dusk
Daily/7:OOam-Dusk
2:00-5:OOpm
Monday-Friday/3:00-11:OOpm
Saturday-Sunday/7:OOam-11:OOpm
Daily/7:OOam-11:OOpm
Monday-Friday/3:OOpm-Dusk
Saturday-Sunday/7:OOam-Dusk
Daily/7:OOam-Dusk
2:00-S:OOpm
Monday-Friday/3:OOpm-11:OOpm
Saturday-Sunday/7:OOam-11:OOpm
T • 7 /~I I~ I~ ~ ~ /~ !1
~:. g
f ~
. ~ ~ ~~ ,--.,
EXHIBIT A
Page Three ~
WELLS SCHOOLS
Athletic Fields
September-June Monday-Friday/3:OOpm-Dusk
Saturday-Sunday/7:OOam-Dusk
July-August Daily/7:OOam-Dusk
Upon completion of the Wells School Gymnasium, the City shall
have access at least 3 days per week after 7:OOpm and all day on
S.aturday/Sunday.•
V~ _
A ~ a . ~"^~ . . ~ ~ ~ ~.`\ ' . ~ ~ V ~ '
~
. EXHIBIT B
oject
P Cost Estimate
r
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. Nielse.n Athle.tic F'ield 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 Fiel.d Renovation $ 68,600.
and Outdoor Lighting
10. Murray School Athletic Field Renovation $325,970
and Outdoor Lighting
11. Dublin Elementary Athletic Field.Itenovation, $795,680
Mini-Park and Outdoor Lighting
April 1989
~ ~
AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
THIS AGREEMENT, made and entered into this_ day_of. , 011, by_and_between ~ ~- Deleted: 25"~
the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY" and the DUBLIN UNIFIED1~;\ Deleted: September
SCHOOL DISTRICT, hereinafter called "DISTRICT".
Deleted: 1989
WITNESSETH
WHEREAS, the CITY, through its',~arks and Communitv Services DeQartment, a~d the DISTRICT_.~ _- ne~eted: Recreation
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 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 chiltlren 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.
follows:
NOW, THEREFORE, in consideration of the promises herein CITY and DISTRICT agree as
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 propertv shall be free and clear _
of defects. Bv July 15 of each year, DISTRICT shall qrovide to CITY a list of school facilities available for
communitv recreational activities during the upcominq school vear, from September throuqh May. Bv
March 1 of each vear, DISTRICT shall provide to CITY a list of schooi facilities available for communitv
recreational activities durinq the upcominq 5ummer months, from June throuqh Auqust. The list shall be bv
school and include the davs and times available for use durinq non-school hours. The facilities described
on these lists shall be referred to s"ioint 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 regularly scheduled school purposes.
CITY shall be responsible for scheduling the use of joint use facilities during non-school lfacilities°. ~
hours. All requests for use of joint use facilities by CfTY, DISTRICT or other community groups
shall be submitted in writing to the CITY in a manner jointly developed by ITY and IS,D TRICT._~ _- Deleted: theDirector
For the purpose of this agreement, all non-District use shall be considered CITY use of the ~~,~ Deietea:ass~sr~~~s~Pe~~~~e~ae~t
facilities.
CITY divides its calendar into three seasons: Summer Season Fall Season 811d _-~ Deleted: Scheduling shall occurto
WinterlSprin4 Season. Prior to the commencement of each Season, CITY shall use its best efforts ~o~~~~ae ~m cne s~mme~pro9~am SeaSO~,
to schedule all activities to take place tlurinq that season, In no event shall CITY reserve facilities Fall season and Winter/Spring seasons but
less than ten (10) workinq davs prior to CITY's need of facilitv. DISTRICT shall make eve effort nolessthanfour(4)weekspriortoneedof
ry faciliry.
possible to avoid cancellation of a CITY confirmed reservation less than ,~en (10) workinq davs_ __- oeieted: ro~~ ~a~ Weeks
prior to the p~ogrammed activity. In cases that such cancellation cannot be avoided, DISTRICT
shall make every effort to provide an alternate School area or facility.
-1-
Deleted: The school facilities listed on
Exhibit A shall be available to CITY at the
times stated on Exhibit A on an on-going
basis. Addi6onal properry 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
Recrea6on Director of CITY (hereinafter
called "Director") or designated representative
subject to the wntten approval o( lhe Assistant
Superintendent of DISTRICT. The facili6es
listed on Exhibit A and any properry or
facilities selected by CITY and approved by
DISTRICT shall be referred to as "joint use
ATTACHMENT 2
ii aa
~
b. In scheduling joint use facilities, the following 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 individual
school community which are planned and directed by school related groups (PTA, Band
Boosters, and similar groups) antl (b) connected with community recreational programs
sponsored by the CityParks and CommunittiServices Department._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J. _ - - ~eiecea: Re~~eano~
3) Use by community organizations whose primary purpose is service to youth or the
improvement of the general welfare of the community (BoylGirl 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 not expended for pupil welfare or charitable purposes.
c. The charqe to the CITY for use of DISTRICT facilities shall consist of the following factors: _
12~ S21VIC2S Of SU
e. There shall be a CITY or DISTRICT representative on site whenever the inside of joint use
iacilities is being used. If the activity takes place at a time when DISTRICT representatives are not
Deleted: 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 exclusive use 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.
-2-
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.
~ ~~
normally scheduled to be on duty, the cost of providing a CITY or DISTRICT 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 or 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 orqanization for the cost of repairinq vandalism or
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 CI7Y 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 IS~ TRICT in writing,_ _-- Deleted: AssistantSuperintendent
subject to the written a'Nroval of the~TY, and shall be referred to as "CITY Property". _____________. _. _ o~ietea: o~~~~co~
a. In scheduling CITY Property, CITY sponsored programs shall have first priority of
scheduled use. School activities shall be scheduled in accordance with the Facilitv Use Policies ~
for the selected facility. _CITY shall make every effort possible_to avoid cancellation of a confirmed ,,. - oeieced: s~nooi a~n~~~~es Sna~i na~e
School reservation less than ten 10 workin da s rior to the ro rammed activi In cases that second priority. Such scheduling shall occur
t ~ L 9 Y _p_ _ ._ .. _. _ P .... 9 .... _. _,- . ~Y~.... .... - . . -, on a quartedy basis to coincide with Summer
such cancellation cannot be avoided CITY shall make every effort to provide an alternative City ~ program season, Fall season, Winter season
area or facility. ~~ and Spring season but no less than four (4)
~ weeks prior to need of faciliry.
b. There will be no charge to the DISTRICT for use of CITY Property_unless such use Deleted:four(4)weeks
requires custodial services or supplies in addition to those normally required for CITY use; the
event is classified as a fundraisinq event in accordance with the Facilitv Use Policies for the
sefected facility; or for sports field liqhtinp. In this case, the DISTRICT agreesl upon receipt of a
written invoice from CITY, to reimburse the CITY for the DISTRICT's share of expenses for_direct_ ._- oeiecea: a~s
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
3. USE OF DUBLIN SWIM CENTER. CITY shall make the Dublin Swim Center available to
DISTRICT from February through une of each_y_ear for the purpose of conducting swim team,programs, ~._ -- Deleted: May
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
-3-
l.~ a~
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.
Durinq periods of time the Swim Center is used bv DISTRICT, CITY shall provide lifequards to
provide acceptable coveraqe of the pool and rescuelfirst aid services. DISTRICT shall reimburse CITY for
100% of the actual costs of providinp lifequardinq services.
During periods of time the Swim Center is used by DISTRICT, DISTRICT agrees to assume
responsibility for the following:
~ ___ Superyisionofpersonsusingthepool____________________________J~='
'-----
Deleted: a. . Supervision.¶
, Deleted:l
Deleted: 2
~~ ___ Equipment_necessary_for the_swim team's use including towels, suits and_other_,~ ~
equipment;~rovided however that CITY shall provfde access to tVpical competitive swimminq ~~,
equipment such as lane lines backstroke pennants pace clock and kickboards; ~;'
,, ~
~~ ~
~~ ___ Qualified swim instructors, ~wim coaches and other necessa_ry_personnel to carry_ _.( J;'
----------- - - --- ~,
out the program; ~~ ~
,, ,
~, ~ ~
,~~ ___ DISTRICT shall assist with ~overinq the_pool while_not in use_and_uncov_ering it_~~ ~~~;
i,
while in use; '
i~ ~ ~
ii ~,
. el ___ DISTRICT shall be responsible for.~uperv_ision ofparticipants at all times when the_,j ~~;
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. '~
,,
i,
4. IMPROVEMENTS TO DISTRICT PROPERTY. CITY ,~nd DISTRICT mav enter into a%~~ ;
separate aqreement for the installation of sprinkler systems, turfing, playground equipment, fencing, and ,I
additional recreational equipment on joint use facilities Both CITY and DISTRICT a~gree_to negotiate in~ ~
i _ ' _ _ _ _ _ ' _ ' _ _ _ _ _ ' _ ' _
gootl faith to enter into such agreements. ~
i
i
~
~
' _ _ _ ' _ " ' _ _ _ " ' ' ' ' J
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.
Deleted: 3
Deleted: li(e guards
Deleted: 4
Deleted: Cavering
Deleted: b.
Deleted: pool's
Deleted: may install
Deleted: provided such inslallation is not
in conflict with school use and subject to a
separate improvement agreement between
CITY and DISTRICT. Listed on Exhibit B are
those joint use faciliGes CITY intends to
improve, subject to a separate improvement
agreement.
Deleted: Any permanent improvements or
equipment installed or erected on joint use
facili6es 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 facili6es, CITY shall have the
following options:¶
a. . Remove the improvements, or any poAion
thereof, and restore the joint use facili6es to at
least as good a condi4on as existed prior to
the construcfion or installa6on of such
improvements, nortnal wear and tear
excepted, at CITY's cost and expense.¶
~
b. . Receive reimbursemenl from DISTRICT
for the value of the improvements or
equipment, which value shall be determined
by an appraiser or appraisers jointty selected
by CITY and DISTRICT, based on the cost
approach.¶
¶ All such improvements and faciliGes
consWcted or placed on joint use facili6es
shall be available to DISTRICT lo use for
school purposes during such time as the
property is not being used by CITY.
-4-
~_ _ _ ' ' ' ' _ ' ' _ _ _ ' ' ' ' ' ' ' ' _ _ _ _ _ _ _ _ _ ' ' _ _ _ _ ' _ _ ' ' '
i~ aa
~
carrierlcom~anv shall
The qarties understand and aqree that each party shall be responsible for the pavment of any
deductibles under the policies of insurance in effect under the terms of this aqreement, subiect to the ricLht
of the partv to exercise anv and all remedies available to it for recoupment of these monies.
~._ __ DISPUTES. In the event of a disa~greement between_the CITY and the DISTRICT on the_ ~_- oeietea: e
interpretation of any provision of this Agreement, the City Manager and Districf 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.
8. REVIEW. This Agreement shali be reviewed on a biennial basis or more often as needed.
REPRESENTATION OF COMPREHENSIO
10._ __ TERM. This Agreementprovides for a program_of community_recreation_activ_ities_usin~_,~ _- ~eiecea: ~
DISTRICT Property, and DISTRICT sponsored acfivities using CITY Property. It is intentled 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
mutual consent 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.
-5-
~~ aa
~
11. COUNTERPARTS. This Aqreement mav be executed in two or more counterqarts, each
full set of which shall constitute a full enforceable counterpart of this Apreement, all of which toqether shall
constitute but one Aqreement.
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 OF DUBLIN,
a municipal corporation
By
City Clerk
ATTEST:
By
Clerk of Board
By.
Mayor
DUBLIN UNIFIED SCHOOL DISTRICT
By
President, Board of Trustees
-6-
~~ aa,
~
RESOLUTION NO. xx - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT REGARDING USE OF FACILITIES
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
WHEREAS, 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:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 3
~7 aa
~
AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
THIS AGREEMENT, made and entered into this day of , 2011, by and
between the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY" antl the DUBLIN
UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT".
WITNESSETH
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 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 antl 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, DISTRICT shall provide to CITY 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 shall be by
school and include the days and 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 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 CITY and DISTRICT.
For the purpose of this agreement, all non-District use shall be consitlered CITY use of the
facilities.
CITY tlivides its calendar into three seasons: Summer Season, Fall Season, and
Winter/Spring Season. Prior to the commencement of each Season, CITY shall use its best efforts
to schedule 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 effort
possible to avoid cancellation of a CITY confirmed reservation less than ten (10) working 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 alternate School area or facility.
b. In scheduling joint use facilities, the following 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 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 Parks and Community Services 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
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 not expended for pupil welfare or charitable purposes.
c. 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 party, 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 insufficient in any respect, DISTRICT shall
immediately inform CITY in writing of this fact. As soon as practicable; DISTRICT shall provide
CITY with the proposed new rate. In no event shall 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 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 DISTRfCT 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 or 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 selectetl 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 alternative 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) Supervision 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 supervision of participants 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 or vandalism, other
than acts of God or ordinary wear and tear.
4. IMPROVEMENTS 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 negotiate 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 heltl 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
prior written notice to CITY by certified mail, return receipt requested.
Said policy held by City shall be endorsed to the name of DISTRICT its officers, employees,
agents and volunteers as.additional 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 party'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 issuetl 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 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.
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; provitled, however, that this Agreement may be amended by
mutual 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 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:
By
City Clerk
ATTEST:
By.
Clerk of Board
1340642.4
CITY OF DUBLIN,
a municipal corporation
By .
Mayor
DUBLIN UNIFIED SCHOOL DISTRICT
By
President, Board of Trustees
Agreement between City of Dublin and Dublin Unified School District June 7, 2011
Regarding Use of Facilities Page 6 of 6