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HomeMy WebLinkAboutReso 033-88 DSRSD SwimCntr RESOLUTION NO. 33 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE DUBLIN SAN RAMON SERVICES DISTRICT FOR USE OF THE VALLEY COMMUNITY SWIM CENTER WHEREAS, the Dublin City Council and the Board of Directors of the Dublin San Ramon Services District have agreed upon the early utilization of the Valley Community Swim Center; and WHEREAS, to facilitate the smooth operation of VCSC it is desirable to enter into an agreement outlining the responsibilities of the respective agencies; NOW, THEREFORE BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby find that: The agreement attached hereto in Exhibit A is hereby approved and ratified and the Mayor is authorized and directed to sign it. PASSED, APPROVED AND ADOPTED this March , 198 8. 1 st day of AYES: NOES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery None ABSENT: None ATTEST: AGREEMENT THIS AGREEMENT, made and entered into this day of , 1988, by and between the City of Dublin, Alameoa County, State of California, hereinafter referred to as CITY, and the DUBLIN SAN RAMON SERVICES DISTRICT, a public district of the State of California, hereinafter referred to as DISTRICT, WITNESSETH: WHEREAS, Chapter 5, Division 7, Title 1 of the Government Code of the State of California authorizes two or more agencies by agreement entered into respectively by them and authorized by their legislative bodies to jointly exercise any power or powers common to the several contracting parties; and WHEREAS, the CITY and the DISTRICT desire to enter into an Agreement to jointly exercise the powers with respect to community recreation programs at the VALLEY COMMUNITY SWIM CENTER POOL located at Dublin High School in the City of Dublin; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is mutually agreed by and between the parties hereto as follows: 1. POOL AND POOL FACILITIES The DISTRICT shall make available to the CITY for community recreational purposes the swimming pool and other related improvements at Dublin High School, 8151 Village Parkway, Dublin, California. The DISTRICT has constructed upon this property, at its own expense, one swimming pool, a solar heating system, a filtering plant and other improvements and buildings which shall be necessary for the efficient operation of the swimming pool located at Dublin High School; these improvements meet all current building and architectural conditions and health standards. 2. SCHEDULING AND CONTROL OF POOL AND POOL FACILITIES A.. SCHEDULING The CITY will schedule the pool and facilities as provided for in Agreement dated January 19, 1988. The CITY shall have exclusive use of the pool from March 1, 1988, through June 30, 1988. CITY shall assume full control and supervision responsibility during the days so designated in this paragraph. B. REVENUE FROM RENTALS AND PROGRAMS During the period put aside for CITY use, the CITY shall levy, collect and retain all revenues received from rental of the facility to swimming clubs and associations, public schools under the jurisdiction of a public school district, and private organizations and enterprises. C. CHARGE FOR USE OF FACILITIES (1) DISTRICT shall pay all base costs related to maintenance staff personnel costs, equipment maintenance costs, building and grounds costs, water, operating supplies and chemicals, and vehicle expenses. DISTRICT will waive the standard 15% administrative charge on billings. (2) CITY shall be responsible for payment of all gas and electric utilities during the agreed period and shall monitor said costs on a continuing basis to keep utility costs under strict control. The projected cost for gas and electricity is shown on Attachment A. -2- (3) During the agreed period CITY shall also be responsible for all maintenance staff overtime and a fixed monthly charge for equipment replacement costs. (4) CITY shall be responsible for all repair costs due to negligence on its part to protect DISTRICT property from abuse or vandalism. (5) DISTRICT will invoice CITY monthly, in advance, on the 10th of the month, in accordance with the billing and payment schedule indicated in Attachment A, and CITY will remit payment, as indicated, within twenty (20) days of the end of the month. (6) Unless notification by CITY is made in writing to cancel this Agreement in accordance with paragraph 11, all costs incurred shall be the responsibility of CITY. D. RESPONSIBILITY FOR SUPERVISION At all times when the area and facilities are used by CITY: (1) CITY shall be responsible for supervision and control. (2) CITY shall supply any special equipment necessary for teaching and carrying out the program, and also provide any towels, suits or personal equipment for CITY or other program personnel. (3) CITY shall provide qualified swimming instructors, lifeguards, attendants andJor other necessary personnel needed to carry out the school program. The salaries and other expenses of such personnel shall be borne by CITY. (4) CITY will provide and maintain adequate security to guard the premises from March 1, 1988 through May 31, 1988. -3- (5) CITY shall be responsible for insuring that the pool is completely uncovered at all times during use. CITY shall be responsible for covering and uncovering the pool. E. RESPONSIBILITY FOR DAMAGED INSTALLATION CITY shall be responsible for the pool's supervision at all times when the area and facilities are in use by the CITY and shall reim- burse the DISTRICT for any damages to the pool or other structures or installations caused by the CITY as a result of negligence, other than damage by fire, acts of God or ordinary wear and tear. F. USE OF ADDITIONAL BATHHOUSE FACILITIES The DISTRICT shall make available for use by the CITY and its tenants the bathhouse facility which is owned by the DISTRICT. The CITY shall provide all maintenance and custodial services for use of this facility. 3. MAINTENANCE, OPERATIONS AND SUPPLIES A. DISTRICT shall be responsible for the maintenance, opera- tions and furnishing of supplies for the pool, immediate grounds, and any other related s~ructures or installations, except that CITY shall provide for a telephone at the pool for emergency use and provide maintenance and custodial services for bathhouse facilities. Specific responsibilities are as stated in Paragraph B. All records for the purpose of determining the total cost for maintenance and operations shall be kept in accordance with accept- able accounting procedures. Such records shall be available for inspec- tion by the CITY at any reasonable time. It shall be the CITY's respon- sibility to monitor all costs and exercise cost control to assure compliance with their budgetary restrictions. -4- C. Expenditures for repair or replacement of pool facilities other than the expenses for which CITY is responsible under Paragraph 58. shall be the responsibilities of the DISTRICT. 4. DEFINITIONS For the purpose of Paragraph 3 above, the following definitions will apply: A. OPERATIONS The term "Operations" shall mean all expenses in connection with ~he use of physical plant, such as cleaning, disinfecting, heating, lighting, water and similar items which are regularly incurred daily, weekly or monthly. Such expenses shall include the salaries and other compensation for necessary custodian and maintenance personnel's time. B. ~AINTENANCE The term "Maintenance" shall mean expenditures for repairs or replacement of the equipment, swimming pool(s), solar heating struc- tures, other related facilities or installations which include heating (both conventional and solar), ventilating and filtering plants; repair of windows, shades, hardware, plumbing, and other minor emergency repairs of a similar nature. C. SUPPLIES The term "Supplies" shall mean such expenditures in con- nection with ~he use of ~he physical plant as brooms, mops, lubricating oils, light bulbs, towels, toilet paper, soap, swimming pool chlorine and neutralizing alkaline, and similar custodian's supplies or items. 5. POOL CLOSING A. The determination of the times that it may be necessary to close the pool or other facilities in the interest of public health and -5- premises by the CITY. insurance coverage. Insurance. safety or pursuant to governmental order or mandate or for repairs and maintenance shall be made by the DISTRICT, with notice given to the CITY as far in advance of such closing as is practical. The DISTRICT shall, if at all feasible, coordinate the closing of the pool with the CITY so as not to interfere with the use of the school buildings or grounds for school purposes or interfere with the regular conduct of the school program. 6. FIRE INSURANCE The DISTRICT shall provide adequate fire insurance on the pool and related buildings or installations. 7. LIABILITY INSURANCE A. CITY CITY shall hold harmless and free from liability the DISTRICT, members of its BoarO of Directors, its officers, agents or employees, while acting as such, from all damages, costs or expenses which any of them shall become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons received or suffered due to the operation by the CITY of school programs on said premises, and shall reimburse DISTRICT for all damage to equipment furnished or installations made pursuant to this Agreement when caused as a proximate result of any activity being conducted on said CITY insurance is to be designated as primary CITY is to provide DISTRICT with Certificates of B. DISTRICT DISTRICT shall hold harmless and free from liability the CITY, members of its City Council, its officers, agents, servants or -6- employees, while acting as such, from all damages, costs or expenses which any of them shall become obligated to pay by reason of liability imposed by law because of injury to property or injury to or death of persons received or suffered by reason of operation by DISTRICT of the community recreational facilities, and DISTRICT shall reimburse CITY for any and all damages to all school property caused as a proximate result of any activity being conducted on said premises by DISTRICT. DISTRICT is to provide CITY with Certificates of Insurance. 8. MODIFICATION This Agreement may be modified by mutual consent of the City Council of the City of Dublin and the Board of Directors of the DUBLIN SAN RAMON SERVICES DISTRICT. 9. TERM OF AGREEMENT The term of this Agreement shall be for a period of March 1, 1988 through May 31, 1988. 10. CANCELLATION This Agreement may be cancelled by mutual consent of both parties after each party has held a public hearing thereon. Unless otherwise agreed upon, the CITY shall pay to the DISTRICT all costs expended to the date of cancellation. The date of cancellation shall be ten days after the affirmative vote of the last party to act. 11. ASSIGNMENT DISTRICT agrees that CITY may assign all or part of its obligations and responsibilities hereunder to AMADOR VALLEY JOINT UNION HIGH SCHOOL DISTRICT. CITY OF DUBLIN DUBLIN SAN RAMON SERVICES DISTRICT Linda Jeffery, Mayor Date: Joseph Covello, President Date: ACCOUNT NUMBER .411 · 412 .421 .424 .425 .426 .427 .428 ATTACHMENT A to Valley Community Swim Center Pool Agreement BUDGET ESTIMATE OF OPERATIONS VALLEY COMMUNITY SWIM CENTER March 1, 1988 through May 31, 1988 ACCOUNT TITLE ESTIMATED BASE COST Staff salaries-base Staff salaries-overtime Operating supplies Gas(1) Electricity(1) Automotive Equipment maintenance(2) BuilOings & grounds Water TO¸ USERS 18,000.00 7,2oo .00 1,800.00 TOTAL: $27,000.00(3) * DISTRICT absorbs full cost of base staff salaries ** Will be a cost if maintenance cannot be scheduled during regular work week due to ClTY's full use of pool *** DISTRICT absorbs full cost (1) See Attachment A, Page 2 (2) Represents fixed monthly charge for replacement/major repair (3) See Attachment A, Page 3 Page i of 3 ~nth ATTACHMENT A to Valley Community Swim Center Pool Agreement COST PROOECTIONS 1988 Gas Elec. Equip. Cost Cost cost Total Cost March ~oril May TOTALS: 8,000 2,400 600 6,0 O0 2,4 O0 600 4,000 2,400 600 11,000 9,000 7,000 $18,000 $7,200 $1,800 $27,000 Monthly gas and electric costs are estimated as noted. Page 2 of 3 ATTACH~NT A to Valley Community Swim Center Pool Agreement BILLING & PAYMENT SCHEDULE MONTH AMOUNT INV. DATE DUE DATE Mar. 11,000 Mar. 10 Apr. 20 Apr. 9,000 Apr. 10 May 20 May 7 ~000 May lO 3une 20 $27,000 Final billing and payment to be adjusted for actual costs on or about July 1, 1~88. Page 3 of 3