HomeMy WebLinkAbout8.3 - 1225 City Operations of Dublin Swim Center
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STAFF REPORT
CITY COUNCIL
DATE: November 15, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
City Operations of the Dublin Swim Center
Prepared by: James M Rodems, Director Parks and Community Services
EXECUTIVE SUMMARY:
The City Council will consider the ceasing of City operations of the Dublin Swim Center
by the end of this calendar year. The decision would require a subsequent amendment
to the Agreement between City of Dublin and D ublin Unified School District Regarding
Use of Facilities.
STAFF RECOMMENDATION:
Authorize the ceasing of City operations at the Dublin Swim Center at Dublin High
School, effective December 31, 2016 and direct Staff to amend the Agreement with
Dublin Unified School District.
FINANCIAL IMPACT:
The annual operating cost to the City for the Dublin Swim Center for FY 2015/16 was
$377,435. The City would save approximately half of that amount based on the City
closure date of December 31, 2016 in the FY 2016/17 Operating Budget.
DESCRIPTION:
In 1972, the Valley Community Services District (now Dublin San Ramon Services
District, or DSRSD) and Amador Valley Union High School District (now Dublin Unified
School District, or DUSD) entered into a joint use agreement to open a community
swimming pool. This pool is now known as the Dublin Swim Center. DSRSD
constructed and maintained the pool on land owned by the school district.
On July 15, 1987, DSRSD entered into a Memorandum of Understanding with the City
which transferred title, ownership and agreements for parks and recreation facilities,
including the operations of the Dublin Swim Center, to the City of Dublin (which is
owned by Dublin Unified School District). Since that time, the City has operated the
Dublin Swim Center as a public recreational aquatics facility.
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The operation of the Dublin Swim Center is currently defined in the Agreement between
City of Dublin and Dublin Unified School District Regarding Use of Facilities (updated in
March 2016). This Agreement lists the current terms of operation of the Dublin Swim
Center in Section 3: Use of Dublin Swim Center (Attachment 1).
In the spring of 2017, the City of Dublin will open The Wave at Emerald Glen Park, a
public recreational aquatics facility. At this time, the operation of two public recreational
aquatics facilities will strain available resources and duplicate services.
Additionally, throughout the years of operating the Dublin Swim Center, the City has
been responsible for the maintenance of the buildings, pools, grounds and equipment
for the facility. The Dublin Swim Center contains many City assets that have been
necessary for operation of the facility. With the transition of operations, the City would
like transfer the identified assets to DUSD as well.
If the City Council agrees with the Staff recommendation, formal notification will be
made to the District and Staff will take the necessary steps to amend the Joint Use
Agreement with the District to reflect the change. Staff would be willing to
accommodate any requests of staffing support for the balance of this school year for
high school purposes, provided that does not adversely impact the operations of The
Wave and that the District covers 100% of the costs.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
DUSD was provided a copy of this report.
ATTACHMENTS:
1. Agreement Between City of Dublin and Dublin Unified School District Regarding Use
of Facilities
R
SECOND AMENDED AND RESTATED
AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
FOR COMMUNITY RECREATION
This Second Amended and Restated Agreement between City of Dublin and Dublin Unified School
District Regarding Use of Facilities is made and entered into this 8thday of March, 2016, by and between
the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY," and the DUBLIN UNIFIED
SCHOOL DISTRICT, a public school district of the State of California, hereinafter called "DISTRICT." CITY
and DISTRICT may be referenced as the"Parties."
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; and
WHEREAS, California Education Code section 10900 et. seq. 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 community recreation service with the least
possible expenditure of public funds, full cooperation between CITY and DISTRICT is both necessary and
desirable; and
WHEREAS, the Parties previously entered into a master joint use agreement detailing the Parties'
joint use of CITY and DISTRICT facilities in the Agreement Between City of Dublin and Dublin Unified
School District Regarding Use of Facilities, dated September 25, 1989, and subsequently amended and
restated that agreement on May 7, 2011 (the"Joint Use Agreement"); and
WHEREAS, the Parties hereto have entered into separate agreements regarding the Parties'joint
use of specific facilities:
Stager Community Gymnasium at Valley High School pursuant to the Agreement Between
City of Dublin and Dublin Unified School District Regarding Joint Funding of Community
Use Gymnasium and Repealing January 28, 1991 and October'24, 1995 Agreements,
entered into on September 10, 1997;
Tennis Complex at Dublin High School pursuant to the Agreement Between the City of
Dublin and Dublin Unified School District For the Funding of the Dublin High School Tennis
Complex Renovation Project and the Subsequent Operations of Said Tennis Complex,
entered into on July 16, 2013;
Dublin High School Center for Performing Arts and Education pursuant to the Agreement
Between City of Dublin and Dublin Unified School District for Use of Theater Facilities at
Dublin High School Center for Performing Arts and Education Dated March 8 , 2016; and
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 1 of 9
DWK SF 813257v8
Jordan Ranch Park Site pursuant to the Ground Lease for the School/Park Site in Jordan
Ranch that is the subject of the Option to Ground Lease of the same date as this
Agreement; and
WHEREAS, CITY and DISTRICT desire to amend and restate the Joint Use Agreement to reflect
changed circumstances.
NOW, THEREFORE, in consideration of the promises herein, CITY and DISTRICT agree as
follows:
1.USE OF DISTRICT PROPERTY. DISTRICT shall make available to CITY for community
recreation activities all DISTRICT property within the CITY limits which may include classrooms,
gymnasiums, multi-purpose rooms, athletic fields, school activity asphalt areas, and other similar areas
which are suitable for community recreational activities as defined in Section 10901(c) of the Education
Code. Said property shall be free and clear of discernable, unsafe, and hazardous defects. By September
1 of each year, DISTRICT shall provide to CITY a. list of DISTRICT facilities available for community
recreational activities during the upcoming school year, from September through May. By March 20 of
each year, DISTRICT shall provide to CITY a list of DISTRICT facilities available for community
recreational activities during the upcoming summer months, from June through August. The list shall
identify the specific school site and facility and include the days and times available for use by the CITY
during non-DISTRICT use hours. The facilities described on these lists shall be referred to as "Joint Use
District Facilities." DISTRICT reserves the right to withhold any site from CITY use because of
construction, modernization, summer cleaning, repairs, or field restoration or renovation on the site or other
reasons.
a.Scheduling Meetings. DISTRICT and CITY shall meet at least once every quarter for
scheduling meetings. The purpose of these scheduling meetings shall be to protect real and
personal property involved, resolve any issues concerning maintenance or renovation of any Joint
Use District Facilities, and address either of the Party's concerns or issues arising under this
Agreement.
b:Online Schedule for Use of Joint.Use Facilities. After DISTRICT has identified those Joint
Use District Facilities available for CITY use, DISTRICT shall establish an online schedule of Joint
Use District Facilities, dates, and times ("Online Schedule") to which the CITY has access. The
purpose of the Online Schedule shall be to coordinate the uses of the Joint Use District Facilities
under this Agreement to avoid conflict between DISTRICT, CITY, and third-party users.
c.DISTRICT shall be responsible for scheduling all use of Joint Use District Facilities under
this Agreement, including use by DISTRICT, CITY and community groups. All requests for use of
Joint Use District Facilities by community groups shall be submitted online to the DISTRICT.
DISTRICT and CITY shall reference the Online Schedule to schedule community groups' use
accordingly.
d.CITY divides its calendar into three (3) "Seasons": Summer Season, Fall/Winter Season,
and 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 Joint Use
District Facilities less than ten (10) working days prior to CITY's need of a Joint Use District
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 2 of 9
DWK SF 813257v8
Facility. DISTRICT shall make every effort possible to avoid cancellation of a CITY-confirmed
reservation less than ten (10) working days prior to the scheduled activity. In case such
cancellation cannot be avoided, DISTRICT shall make every effort to provide an alternate school
area or facility.
e.Priority of Use. In scheduling Joint Use District Facilities for community recreation
activities pursuant to this Agreement, the following uses will be given priority in descending order
and use will be scheduled in accordance with the DISTRICT's Facility Use Policies. The priority for
use of the Joint Use Facilities is as follows.
1)DISTRICT shall have first priority for use of or work on its facilities, including the
Joint Use District Facilities, for its educational, instructional, and other DISTRICT-related activities,
events, and programs during the entire year, including summer months, construction,
modernization, summer cleaning, repairs,,or field restoration or renovation.
2)Events or activities designed to serve the youth and citizens of the individual
school community which are planned and directed by school- or District-related groups (PFC,
Band Boosters, and similar groups).
3)Events or activities connected with community recreational programs sponsored
by the CITY's Parks and Community Services Department.
4)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).
5)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 youth or other charitable purposes.
6)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.
f. Use Charge. Upon written invoice from the DISTRICT, the CITY agrees to pay for use of
the Joint Use District Facilities charged by the DISTRICT. The charge to the CITY for use of Joint
Use District Facilities shall include the following elements:
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. ' Custodial services include janitorial and maintenance
services such as cleaning, stripping, set up and removal of furniture and equipment.
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 Joint Use
District Facilities shall be at the rate charged by DISTRICT to nonprofit organizations.
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 3 of 9
DWK SF 813257v8
3) An "energy use fee" covering the costs to DISTRICT of providing energy to the
facilities during such times as CITY uses Joint Use District Facilities.
4)Cost of DISTRICT representative's time if on duty at the Joint Use District Facility.
in excess of his or her normal schedule during CITY's scheduled use. DISTRICT representative's
time shall include two (2) hours to open and two (2) hours to close the Joint Use DISTRICT
Facilities.
Prior to charging CITY for any of the above listed services, DISTRICT shall provide CITY with a
current schedule of the applicable 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.
g.Other Terms Regarding CITY Use of Joint Use DISTRICT Facilities.
1)CITY shall be responsible for any damage to Joint Use District Facilities except
normal wear and tear which may result from any community recreation activity being conducted by
CITY on Joint Use District Facilities.
2)A CITY or DISTRICT adult representative (21 years or older) shall be on site
whenever the inside of Joint Use District 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 or DISTRICT to the
responsible organization.
3)CITY shall provide authorized personnel to supervise CITY activities conducted on
Joint Use District Facilities. Personnel employed by CITY shall be supervised by CITY. The
absence of adequate supervision of CITY personnel or program participants shall be considered a
breach of this Agreement and may result in termination of use of DISTRICT facilities for the
unsupervised program.
4)CITY shall notify the DISTRICT as soon as possible, and in all events within
twenty four (24) hours, if Joint Use District Facilities used by the CITY have been vandalized,
damaged, or are in need of repair or present a safety hazard for any user. In the case of
vandalism, the CITY shall notify the CITY's Police Department (Crime Tips / Graffiti Hotline /
Phone: 925-833-6638) of all vandalism as soon as possible. DISTRICT shall bill the cost of
repairing vandalism or damage occurring during a scheduled activity to the responsible
organization, including the CITY if it occurs during a CITY activity or activity sponsored by the CITY
and conducted by others and CITY shall pay for those repairs.
h.Insurance. Use scheduled by groups under paragraph 1(e)(2) - (5) shall require evidence
of general commercial liability insurance in an amount and form acceptable to, and approved by,
the CITY and DISTRICT, showing the CITY and DISTRICT as additional insureds.
2.USE OF CITY PROPERTY. CITY shall make available to DISTRICT for DISTRICT or
DISTRICT-related events, activities or programs all CITY recreation facilities which are suitable for said
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 4 of 9
DWK SF 813257v8
events, activities or programs. Said facilities shall be free and clear of discernible unsafe and hazardous
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"Joint Use City Facilities".
a.Priority of Use. In scheduling use of Joint Use City Facilities, CITY-sponsored programs
shall have first priority use DISTRICT activities shall have second priority. CITY shall make every
effort possible to avoid cancellation of a confirmed DISTRICT reservation less than ten (10)
working days prior to the scheduled activity. In cases that such cancellation cannot be avoided,
CITY shall make every effort to provide an alternative City area or facility.
b.Use Charge. Upon written invoice from the CITY, the DISTRICT agrees to pay for use of
the Joint Use City Facilities charged by the CITY. The charge to the DISTRICT for use of Joint
Use City Facilities shall include the following elements:
1)Use of custodial services or supplies in addition to those normally required for
CITY use. The charge for custodial services or supplies shall be at the rate charged by CITY to
nonprofit organizations.
2)Charge for any space made available for exclusive use of the DISTRICT, to the
exclusion of any other party, including CITY. The charge for exclusive use of Joint Use City
Facilities shall be at the rate charged by CITY to nonprofit organizations.
3)Cost of CITY representative's time if on duty at the Joint Use City Facility in
excess of his or her normal schedule during DISTRICT's scheduled use.
c.Prior to charging DISTRICT for any of the above listed services, CITY shall provide
DISTRICT with a current schedule of the applicable rates. If during the term of this Agreement,
CITY believes that any of the established rates are insufficient in any respect, CITY shall
immediately inform DISTRICT in writing of this fact. As soon as practicable, CITY shall provide
DISTRICT with the proposed new rate. In no event shall CITY charge a higher rate than those
specified in the schedule provided to DISTRICT.
d.Other Terms Regarding DISTRICT Use of Joint Use CITY Facilities.
1)DISTRICT shall be responsible for any damage to Joint Use City Facilities other
than normal wear and tear which may result from any DISTRICT-scheduled activity on the Joint
Use City Facility.
2)DISTRICT shall provide authorized personnel to supervise DISTRICT activities
conducted on Joint Use City Facilities. Personnel employed by DISTRICT shall be supervised by
DISTRICT.
3)DISTRICT shall notify CITY as soon as possible, and in all events within twenty
four(24) hours if the Joint Use City Facility used by the DISTRICT has been vandalized, damaged,
is in need of repairs or presents a safety hazard to any user. CITY shall bill the DISTRICT for the
cost of repairing any vandalism or damage that is the direct result of a scheduled DISTRICT
activity and DISTRICT shall pay for those repairs.
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 5 of 9
DWK SF 813257v8
3.USE OF DUBLIN SWIM CENTER. CITY shall make the Dublin Swim Center ("Swim
Center") available to DISTRICT from February through June of each year for the purpose of conducting
DISTRICT's swim team programs, swimming instruction and other appropriate aquatic programs as agreed
upon by CITY and DISTRICT.
a.Use Charge. DISTRICT agrees to reimburse CITY in the amount of one-third (1/3) of the
actual operating cost of the Swim Center during the period of time used by DISTRICT. Operating
costs include gas and electricity, water and sewer, chemicals and maintenance. CITY shall
provide documentation supporting the charges to the DISTRICT upon DISTRICT's request at any
time.
b.Scheduling. DISTRICT shall submit to CITY a schedule of hours and days during which
DISTRICT will use the Swim Center. CITY agrees that DISTRICT may use the Swim Center
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.
c.Terms Regarding DISTRICT Use of Swim Center.
1)During periods of time the Swim Center is used by DISTRICT, CITY shall:
a) Maintain the landscaping and grounds of the Swim Center, including irrigation
as necessary;
b) 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 DISTRICT's exclusive
use of the Swim Center.
2)During periods of time the Swim Center is used by DISTRICT, DISTRICT agrees
to assume responsibility for the following:
Equipment necessary for the DISTRICT's 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;
Qualified swim instructors, swim coaches and other necessary personnel to carry
out the DISTRICT's aquatics program;
Assist CITY with covering the pool while not in use and uncovering it while in use;
and
Supervision of DISTRICT participants at all times when the Swim Center is in use
by DISTRICT and DISTRICT shall reimburse the CITY for any damages to the
pool or other structures or installations caused by DISTRICT's use as a result of
negligence or vandalism, other than resulting from acts of God or normal wear and
tear.
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 6 of 9
DWK SF 813257v8
4.OTHER CITY AND DISTRICT AGREEMENTS. This Agreement applies to joint use of all
CITY and DISTRICT property, except with respect to the following facilities, the use of which are addressed
in separate agreements between the Parties: Stager Gymnasium at Valley High School; Dublin High
School Tennis Complex; Dublin High School Center for Performing Arts and Education; Jordan Ranch
School/Park Site (except as otherwise specified therein); and any future property or facilities of either Party.
5.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 District 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
District 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 the DISTRICT disposes of any Joint Use District Facility.
6.INDEMNIFICATION.
a.Indemnification of CITY by DISTRICT. DISTRICT shall defend, indemnify, and hold
harmless the CITY, its officers, agents, and employees, from any and all liability, loss, damage,
cost or expense which CITY shall become obligated to pay by reason of 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 the Joint Use District or City Facilities by DISTRICT or any program associated
with or any other activity scheduled by DISTRICT, except where the injury is caused in whole or in
part by the CITY, its employees' or officers'own fraud or willful injury or violation of the law.
b.Indemnification of DISTRICT by CITY. CITY shall defend, indemnify, and hold harmless
the DISTRICT, its officers, agents, and employees, from any and all liability, loss, damage, cost or
expense which DISTRICT shall become obligated to pay by reason of 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 the Joint Use District or City Facilities by CITY, or any program associated with
or any other activity scheduled by CITY, except where the injury is caused in whole or in part by
the DISTRICT, its employees'or officers'own fraud or willful injury or violation of the law
7.INSURANCE. Each Party hereto shall at all times maintain a policy of comprehensive
general liability insurance in the principal amount of at least Two Million Dollars ($2,000,000.00) combined
single limit per occurrence for bodily injury, personal injury and property damage.
a.DISTRICT Policy. Said policy held by DISTRICT shall be endorsed to name CITY, its
officers, employees, agents and volunteers as additional insureds regarding liabilities arising out of
maintenance, operation and use of the Joint Use District and City 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.
b.CITY Policy. Said policy held by City shall be endorsed to name the DISTRICT, its
officers, employees, agents and volunteers as additional insured regarding liabilities arising out of
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 7 of 9
DWK SF 813257v8
maintenance, operation and use of the Joint Use District and City 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.
c.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 or
any right of subrogation under any policy of insurance issued to DISTRICT or CITY and endorsed
as set forth herein.
d.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.
8.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 the
dispute, the Parties shall agree to a mediator from a list provided by JAMS and submit the dispute to
mediation according to JAMS' rules. The costs of the mediator shall be borne equally by CITY and
DISTRICT.
9.REVIEW. This Agreement shall be reviewed on a biennial basis or more often as needed.
10. 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.
11. TERM. This Agreement provides for CITY programs and community recreation activities
using DISTRICT-owned property, and DISTRICT-sponsored activities using CITY-owned property. It is
intended to establish the general understanding of the Parties (except as provided by the separate
agreements relating to specific joint use facilities) pertaining to the use of specific facilities at particular
named sites belonging to CITY or 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 by the Parties; provided, however, that this Agreement may be
amended, in writing, 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, one hundred eighty (180) days prior to
termination date, of its intention to so terminate.
12. 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.
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 8 of 9
DWK SF 813257v8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective officers and duly authorized by the CITY and DISTRICT the day and year first above written.
DISTRICT: CITY:
DUBLIN UNIFIED SCHOOL DISTRICT, CITY OF DUBL N,
a public hool district of the State of Califomia a municip. • t• ation
IIP
By: Al 1 1____ - =y: dir
Dr. St:/,hen L. Hanke, Sup-rintendent Christopher L. Foss, Cit Manager
ATTEST:
By: .OA° g cV'V
Print: Ciro Lip e 5'o fa
Title: City Clerk
2607912.1
Second Amended Agreement between City of Dublin and Dublin Unified School District March_,2016
Regarding Use of Facilities for Community Recreation Page 9 of 9
DWK SF 813257v8
Northern California ReLiEF Issue Date
Protected Insurance Program for Schools CERTIFICATE OF COVERAGE 7/19/2016
ADMINISTRATOR: LICENSE# •0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Keenan &'Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
1111 Broadway, Suite 2000 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
Oakland, CA 94607 AFFORDED BY THE COVERAGE DOCUMENTS BELOW. .
ENTITIES AFFORDING COVERAGE:
510-986-6750. .
com ENTITY A: Northern California ReLiEF
COVERED PARTY: ENTITY B: Protected Insurance Program for Schools
Dublin Unified School District
Alameda County Schools Insurance Group ENTITY C:
7471 Larkdale Avenue ENTITY D:
Dublin CA 94568
ENTITY E:
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE.
AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
MEMBER
ENT
TYPE OF COVERAGE
COVERAGE EFFECTIVE/RETAINED LIMIT
LIMITS
LTR DOCUMENTS EXPIRATION DATE /DEDUCTIBLE
A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
V1GENERAL LIABILITY NCR 01710-08 7/1/2016 25,000 $ 2,000,000
CLAIMS MADE tV OCCURRENCE
GOVERNMENT.CODES 7/1/2017
ERRORS&OMISSIONS
I ]
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
ANY AUTO NCR01710-08 7/1/2016 $ 25,000 $ 1,000,000
HIRED AUTO 7/1/2017NON-OWNED AUTO
GARAGE LIABILITY
AUTO PHYSICAL DAMAGE
A PROPERTY NCR 01710-08 7/1/2016 $ 25,000 $ 250,250,000
yALL RISK . 7/1/2017 EACH OCCURRENCE
EXCLUDES EARTHQUAKE&FLOOD
BUILDERS RISK
A - STUDENT PROFESSIONAL LIABILITY
NCR 01710-08 7/1/2016 $ .25,000 $ Included
7/1/2017 EACH OCCURRENCE . . . • '
B WORKERS COMPENSATION WC STATUTORY LIMITS [N/1 OTHER
VI EMPLOYERS'LIABILITY PIPS 00217-12 7/1/2016 . $
7/1/2017 1,000,000
E.L.EACH ACCIDENT
EXCESS WORKERS COMPENSATION 1,000;000
EMPLOYERS'LIABILITY E.L.DISEASE-EACH EMPLOYEE , ,
1,000,000
E.L.DISEASE-POLICY LIMITS
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL PROVISIONS:
As respects to the Use of Facilities agreement between the City of Dublin and Dublin Unified School District for '
use of facilities by Dublin Unified School District for various events through the coverage expiration date.
CERTIFICATE HOLDER: CANCELLATION......SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE
CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING ENTITY/JPA
City of Dublin • WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
City HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL
Attn: Taryn Gavagan Bozzo IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENTITY/PA,-ITS
100 Civic Plaza AGENTS OR REPRESENTATIVES.
Dublin CA 94568 931.j2. —
John Stephens AUTHORIZED REPRESENTATIVE
vw.ecerEsOnline.cam
30989362 1 DUBLINUNI 1 16/17 Super Pool P&L Higher Limits 1 Robyn Tryon 1 7/19/2016 1:30:17 PM (PDT) 1 Page 1 of 3
ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERED PARTY . COVERAGE DOCUMENT ADMINISTRATOR
Dublin Unified School,District NCR 01710-08 Keenan&Associates
Alameda County Schools Insurance Grcup
Subject to all its terms, conditions, exclusions, and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the following
entity but only as respects to liability arising directly from the actions and activities of the
covered party described under"as respects" below.
Additional Covered Party:
City of Dublin
Attn:Taryn Gavagan Bozzo
100 Civic Plaza
Dublin CA 94568
As Respects:
As respects to the Use of Facilities agreement between the City of Dublin and Dublin Unified School District for
use of facilities by Dublin Unified School District for various events through the coverage expiration date.
The City of Dublin, its officers, employees, agents and volunteers are included as an Additional Covered Party:
This coverage shall be primary to the Certificate Holder's coverage.
Authorized Representative
Issue Date: 7/19/2016
30989362 1 DUBLINONI I 16/17 Super Pool P&L Higher Limits 1 Robyn Tryon 1 7/19/2016 1:30:17 PM (PDT) 1 Page 3 of 3 -
0ABAG PLAN Corporation ISSUE DATE(MM/DD/YY)
CERTIFICATE OF COVERAGE 7/28/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
BROKER:• Alliant Insurance Service,Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.100 Pine Street, 11th Floor
San Francisco,CA 94111
415/403-1400 COMPANIES AFFORDING COVERAGE
PROVIDER: ABAG PLAN CORPORATION COMPANY
375 Beale Street,Ste.700 A ABAG PLAN Corporation
COMPANY
San Francisco,CA 94105-2066 B Ins.Co. of the State of Pennsylvania
415/820-7969 COMPANY
Covered Party: Dublin C National Casualty Company(Civic Risk)
City Hall, 100 Civic Plaza
COMPANY
D Lexington Insurance Company
Dublin,CA 94568 COMPANY
THIS IS TO CERTIFY THAT COVERAGE AGREEMENTS LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENTS.
POLICY POLICY LIABILITY LIMIT
CO TYPE OF COVERAGE POLICY NUMBER EFFECTIVE EXPIRATION EACH
LTR DATE DATE OCCURRENCE AGGREGATE
A
GENERAL LIABILITY GAL 2016-17 7/01/2016 7/01/2017
Combined $5,000,000
X COMPREHENSIVE FORM
Single
Limit
X PRODUCT/ CSL)
COMPLETED OPERATIONS
X PREMISES/OPERATIONS
X UNDERGROUND EXPLOSION .COLLAPSE HAZARD
X CONTRACTUAL
BROAD FORM
X PROPERTY DAMAGE
A AUTOMOBILE LIABILITY GAL 2016-17 7/01/2016 7/01/2017 Combined $5,000,000
X ANY AUTO Single
Limit
X ALL OWNED AUTO CSL)
X RENTAL/LEASE AUTO
X NON-OWNED AUTOS
GARAGE LIABILITY
B Excess General&Auto Liability 6907982 7/01/2016 7/01/2017 CSL 10,000,000 $10,000,000
C Public Official's E&O XC00000464 7/01/2016 7/01/2017 CSL 15,000,000 $15,000,000
D PROPERTY INSURANCE 017471589/03 7/01/2016 7/01/2017 CSL 25,000,000
X PROPERTY/SPECIAL FORM PROPERTY (per schedule) ..
X BOILER & MACHINERY BOILER& $25 000 000MACH
DESCRIPTION: General liability includes Personal Injury and Public Officials'Errors and Omissions Liability. This Certificate is issued as proof
the above-named Covered Party is an active member and in good standing with coverage as indicated above.
CERTIFICATE HOLDER CANCELLATION
Dublin Unified School District
SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENTS BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE PROVIDER/PROVIDEE WILL ENDEAVOR TO MAIL
30-DAY WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
HOWEVER,FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
Attention:
7471 Larkdale Avenue
Dublin CA 94568
James Hill,PLAN Risk Manager
ABAG PLAN Corporation•
Administered by the°Association of Bay Area Governments
GAL 2016-17 Page 1 of 2
ASSOCIATION OF BAY AREA GOVERNMENTS
ABAG PLAN Corporation
375 Beale Street.Ste.700
San Francisco,California 94105--2066
415) 820-7969
ADDITIONAL COVERED PARTY ENDORSEMENT
THIS ENDORSEMENT CHANGES THE CONTRACT
Please read it carefully!
Endorsement Effective: 3/8/16
Entity: Dublin
Additional Covered Party:
Dublin Unified School District
Description of Operations or Facilities:
Use of Facilities for Community Recreation
GAL 2016-17 Page 2 of 2
ASSOCIATION OF BAY AREA GOVERNMENTS
ABAG PLAN Corporation
375 Beale Street.Ste.700
San Francisco,California 94105--2066
415)820-7969
The definition of Covered Party is amended to include any person or organization the Entity is contractually obligated to include
as an additional insured,and for which a Certificate of Coverage has been issued and is on file with ABAG PLAN Corp.,with
respect to Bodily Injury,Personal Injury and Property Damage arising out of the Entity's operations or premises owned by or
rented to the Entity or Entity's use of automobiles owned or rented by Entity.The coverage provided to the additional Covered
Party does not apply to any liability occurring after those operations or use of premises have ceased. Coverage applies only to
the vicarious liability of the additional Covered Party for operations or services described in the contract with the Entity. No
coverage applies to liability arising from the sole negligence of the additional Covered Party.
The inclusion of more than one Covered Party under this policy shall not operate to impair the rights of one Covered Party
against another Covered Party and the coverages afforded by this policy shall apply as though separate policies had been issued
to each Covered Party.The inclusion of more than one Covered Party shall not,however,operate to increase the limit of ABAG
PLAN Corp.'s liability. A Certificate Holder shall not,by reason of their inclusion under this policy,incur liability for payment
of premium for this policy.
If required by contract,any insurance carried by an additional Covered Party which may be applicable shall be deemed excess
and the Entity's coverage primary and non-contributory notwithstanding any conflicting provisions in the Entity's policy to the
contrary.If required by written contract,any rights of recovery under this policy are waived provided that such waiver of rights
of recovery was made prior to any injury or damage.The limit of coverage for the additional Covered Party is the minimum
amount required by contract or$5 million,whichever is less.
In the event of cancellation of the Entity's coverage,we agree to mail thirty(30)days(ten[10] days for non-payment of
premium)advance notice of such cancellation to each Additional Covered Party per certificates on file with ABAG PLAN
Corporation.
All other terms and conditions in the policy remain unchanged.
Authorized Signature: Date: 7/28/2016
James Hill,PLAN Risk Manager
OABAG PLAN Corporation