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HomeMy WebLinkAbout5.2 RenovDHSBaseball&GirlsField .. '11 'il e e CITY OF DUBLIN AGID.TJJA STATEMENT CITY COUNCIL MEETING DATE: :t~ovember 28, 1994 SUBJECT : Written Correspondence from Dublin Unified School District Concerning Agreement Between City and District Regarding Use of Facilities and Agreement Between City and District For . Renovation of Dublin High School Baseball Fields and Girls Athletic Fields. Report by Diane Lowart, Parks and COn~unity services Director. EXHIBITS ATTACHED : A.~correspondence from Jeanne Howland, ~ssistant superintendent/Business B.~Agreement Regarding Use of Facilities C.~Agreement for Renovation of DHS Fields D.~First Amendment to the Agreement Between City and District for Renovation of DHS Baseball Fields and Girls Athletic Fields RECOMMENDATION ~ 0V'\ FINANCIAL STATEMENT : Direct Staff to arrange for a meeting of the City/District Liaison Corr~ittee. None DESCRIPTION . One of the 1994 Goals adopted by the City Council and given a high priority was to "update the Agreement between the City and the Dublin Unified School District regarding use of facilities". In order to implement this goal, City Staff has met with representatives from the School District to discuss potential revisions to the Agreement and, in addition, the Agreement was discussed at a previous meeting of the City/District Liaison Coml1Li ttee . BACKGROUND In September of 1989 the City of Dublin and the Dublin Unified School District entered into an Agreement Regarding Use Of Facilities (Exhibit B). 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. 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. ~ ITEM NO.~ COPIES TO: Dublin Unified School District ~ o CITY CLERK FILE ~ '. f' e e 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 during the period of time used by District. 4. City may install sprinkler systems, turfing, playgrounds equipment, fencing, and additional recreational e9llipment?n joint use facilities provided such installation lS not ln conflict with school use and subject to a separate improvement agreement between City and District. a) Any permanent improvements or equipment installed or erected on joint use facilities by City shall remain City property. As provided for in the aforementioned Agreement, the City and the District entered into an improvement agreement for the renovation of the Dublin High School Baseball Fields and Girls Athletic Fields (Exhibit C) in January of 1991. Although the City actively pursued completion of this project according to the timeframe identified in the Agreement, once construction documents were completed, the project was placed on hold due to the drought and insufficient funding. The District has subsequently elected to pursue the project using proceeds from Measure "Bn. In addition, the District has expanded the scope of the original project resulting in increased costs to the District over and above the original amount committed by the City. Thus, the City Attorney has prepared "First Amendment to the Agreement Between City of Dublin and Dublin Unified School District For Renovation of the Dublin High School Baseball Field and Girls Athletic Field (Exhibit D). The purpose of the &uendment is to effectively terminate the Agreement between the city and the District. Correspondence has been received from Jeanne Howland, Assistant Superintendent/Business for the Dublin Unified School District concerning the aforementioned two Agreements (Exhibit A). As stated, the Board of Trustees for the District discussed both agreements at their November 2, 1994 meeting. Although several points of discussion were raised by the Board, the two points of most concern to City Staff are as follows: Agreement Between City and District Regarding Use of Facilities The District has an interest programs" the District's supplies, etc.) associated other than District groups. Agreement Between City and District for Renovation of the DHS Baseball Fields and Girls Athletic Fields 1. in charging "City or City sponsored actual direct costs (utilities, with use of District facilities by 1. The District is interested in discussing with the City ways in which the financial obligation agreed to in 1991 ($549,500 in 1991 dollars) may be applied toward City/District recreational needs. City Staff also has additional concerns with respect to the Agreement Between City and District Regarding Use of Facilities. Of foremost concern to Staff is the City's role in the scheduling of school facilities. Under the terms of the Agreement, the City is responsible for scheduling the use of school facilities during non-school hours. · However, once a permit is ,approved by the City, the City has little control over individual schools overriding a previously approved permit and displacing a City program or community group with little or no notice. This action reflects poorly on the City and has created numerous " problems wi th select communi ty groups. It is the recommendation of Staff that a meeting be arranged between the City/District Liaison Committee to further discuss the agreements prior to taking any action on the comments raised by the Board. " 'DUBLIN SCI-tOOLS DUBLIN UNIFIED SCHOOL DISTRICT Board of Trustees Eileen Barr (510) 828-8978 Cynthia Cobb-Adams (510) 828-7177 Patricia Meyer (510) 833-8662 James W. Patterson (510) 829-2079 Elizabeth F. Schmitt (510) 828-3892 Superintendent Vince Anaclerio, Ed. D. District Office 7471 Larkdale Ave. Dublin, CA 94568-1599 (510) 828-2551 FAX (510) 828-1364 High Schools DUBLIN HIGH 8151 Village Parkway Dublin, CA 94568-1699 (510) 833-3313 VALLEY HIGH 690 1 York Drive Dublin, CA 94568-2199 (510) 829-4322 Middle Schools WELLS MIDDLE SCHOOL 6800 Penn Drive Dublin, CA 94568-2199 (510) 828-6227 Elementary Schools FREDERIKSEN ELEMENTARY 7243 Tamarack Drive Dublin, CA 94568-1700 (510) 828-1037 MURRAY ELEMENTARY 8435 Davona Drive Dublin, CA 94568-1107 (510) 828-2568 NIELSEN ELEMENTARY 7500 Amarillo Rood Dublin, CA 94568-2298 (510) 828-2030 EQUAL OPPORTUNITY EMPlOYER November 7, 1994 ~~CE'\lED , "j -g 199+ Diane Lowart, Recreation Director City of Dublin P.o. Box 2340 Dublin, CA 94568 Re: City/District Agreements Dear Diane: On November 2, 1994 at their regularly scheduled Board meeting the Board of Trustees of the Dublin Unified School District discussed both agreements that you sent to me under your cover memo of September 12, 1994. Aqreement Between City/District Regarding Use of Facilities Two points of discussion were raised: 1. USE OF SCHOOL DISTRICT PROPERTY The word "classroom" should be deleted to conform with existing practice. The District (individual school sites) currently schedule classroom availability and use. lc. The District has an interest in charging "City or City sponsored programs" the District's actual direct costs (utilities, supplies, etc.) associated with use of District facilities by other than District groups. Aqreement Between City and District for Renovation of the DHS Baseball Fields and Girls Athletic Fields Two points of discussion were raised: 1. The term "Girls Athletic Field" should be changed to "Softball Field". EXHIBIT A " e e ~~< . 2. The District understands that the City currently does not have the monies ($549,500 in 1991 dollars) to fund the obligation agreed to in 1991. However, the District is interested in discussing with the City ways in which this agreement may be modified so that other uses of current City dollars may be applied toward City/District recreational needs. Please let me know how you would like to proceed. Sincerely, Jeanne Howland Assistant Superintendent/Business cc: Board of Trustees ~ e _ AGREEMENT BETWEEN CITY 0 BLIN AND DUBLIN UNIFIED SCHOOL DISTRICT REGARDING USE OF FACILITIES THIS l,GREEt-1ENT, made and entered into this ~day of OEPr., 1..Jiri, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY" and the DUBLIN UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT". HITNESSETH WHEREAS, the CITY, through its I Recreation Department, and the DISTRICT are mutually interested in providing an adequate pro g ram 0 f com m u nit y r e ere a t ion un d e r. the s p 0 n s OJ; s hip 0 f 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 and desirable. NOW, THEREFORE, in consideration of the promises herein CITY AND DISTRICT agree as follows: 1. USE OF SCHOOL DISTRICT PROPERTY. DISTRICT shall make available to CITY for community recreation activities all school property within the City limits of the City of Dublin which may include classrooms, gymnasiums, multi-purpose rooms, athletic fields, school activity asphalt areas, and similar areas \yhich are suitable for community recreational activities. The school facilit~es listed on Exhibit A shall be available to CITY at the times stated on Exhibit A on an on-going basis. Additional property or facilities or different periods of use, provided the total hours on Exhibit A is the minimum number of hours of use, may be selected by the Recreation Director of CITY (hereinafter called "Director") or designated representative subject to the written approval of the Assistant Superintendent of DISTRICT. The facilities listed on Exhibit A and any property or facilities selected by CITY and approved by DISTRICT, shall be referred to as "joint use facilities". a. CITY shall use joint use facilities at such time and in such a manner so as not to interfere with their use for regularly scheduled school purposes. CITY shall be responsible for scheduling the use of joint use facilities during non-school hours. All requests for use of joint use facilities by CITY, DISTRICT or other community groups shall be submitted in writing to the CITY in a manner jointly developed by the Director and Assistant Superintendent. For the purposes of this agreement, all non-District use shall be considered CITY use of the facilities. Scheduling shall occur to coincide with the Summer program ~eason, Fall season and ~inter/Spring seasons but no less than four (4) weeks prior to need of facility. DISTRICT shall make every effort possible to avoid cancellation of a CITY confirmed reservation less than four (4) weeks prior to the- programmed activity. In cases that such cancellation cannot be avoided, DISTRICT shall make every effort to provide an alternate School area or facility. ~ . EXHIBIT B -1- e b. In scheduling joint use facilities, the following uses will be given prie-y in descending order: 1) DISTRICT instructional and related activity programs. 2) Events or activities (a) designed to serve the youth and citizens of the individual school community which are planned and directed by school related groups (PTA, Band Boosters, and similar groups) and (b) connected with community recreational programs sponsored by the City Recreation Department. 3) Use by community organizations whose primary purpose is service to youth or the improvement of the general welfare of the community (Boy/Girl Scouts, Youth Athletic League, and similar organizations). 4) Use by civic and service groups such as Chamber of Commerce, League of Women Voters, Rotary, Lions, 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. 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 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. d. CITY shall be responsible for any damage to joint use facilities except general wear and tear which may result from any community recreation activity being conducted by CITY on joint use facilities. e. There shall be a CITY or DISTRICT representative on site whenever the inside of joint use facilities is being used. If the activity takes place at a time when DISTRICT representatives are not normally scheduled to. be on duty, the cost of providing a CITY or DISTRICT representative shall be charged by CITY to the responsible organization. f. CITY shall notify the DISTRICT if joint use facilities used by the CITY have been vandalized, damaged, 'or are in need of repair or present a safety factor for any user. In the case of vandalism, the CITY shall notify the Dublin Police Department of all vandalism as soon as possible. g. I Use scheduler by (5) shall require amount and form CITY. groups under paragraph l(b)(2)- public liability insurance in an acceptable to and approved by " -2- DISTRICT shall bill the da~ that is the result re~nsible organization. cost of a of repairing ':andalism ~eduled activity to or the 2. USE OF CITY PROPERTY. CITY shall make available to DISTRICT for School events, activities or progra:::s all CITY recreation facilities which are suitable for said events, activities or programs. The facilities shall be selected by the Assistant Superintendent in writing, subject to the written approval of the Director, and shall be referred to as "CITY property". a. In scheduling CITY Property, CITY sponsored programs shall have first priority of scheduled use. School activities shall have second priority. Such scheduling shall occur on a qU,arterly basis to coincide with Summer program season, Fall season, \oJinter season and Spring season but no less than four (4) weeks prior to need of facility. CITY shall make every effort possible to avoid cancellation of a confirmed School reservation less than four (4) weeks prior to the programmed activity. In cases that such cancellation cannot be avoided CITY shall make every effort to provide an alternative City area or facility. b. There will be no charge to the DIS:nCT for use unless such use requires custodial services or supplies in addition to those normelly required for CITY use. In this case, the DISTRICT agrees upon a written invoice from CITY to reimburse the CITY it's share of expenses for direct cost of the operations of such facility. c. DISTRICT shall be responsible for any CITY Property other than general ....ear which may result from any DISTRICT activity being conducted by DISTlICT Property. damage to and tear sponsored on CITY d. DISTRICT shall provide qualified personnel for the activity to supervise DISTRICT activities conducted on CITY Property. Personnel employed by DISTRICT shall be supervised by DISTRICT. e. DISTRICT shall notify CITY if CITY Property used by the DISTRICT has been vandalized, damaged, is in need of repairs or presents a safety factor to any user. 3. USE OF DUBLIN SHIM CENTER. CITY shall make the Dublin S w i m C e n t era vail a b 1 e t 0 D 1ST R I C T fro m Fe b r u a r y t h r 0 ugh ~I a y 0 f each year for the purpose of conducting swim team programs, swimming instruction and other appropriate aquatic programs as agreed upon by CITY and DISTRICT. DISTRICT agrees to reimburse CITY in the amount of one-third of the actual operating cost of Swim Center during the period of time used by DISTRICT. Operating costs shall be defined to include gas a"d 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 perio~s and on days set forth in said schedule, as approved by Crry 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 t~e pool; 2) Equipment necessary for the s...im team's use including towels, suits and ot~er equipment; .. -3- e 3) Qualified swim i~uctors, life guards other necessary W'onnel to carry out program; Covering the pool while not in use uncovering it while in use; and the and 4 ) b. DISTRICT shall be responsible for pool's supervision at all times when the Swim Center is in use by DISTRICT and shall reimburse the CITY for any damages to the pool or other structures or installations caused by DISTRICT as a result of negligence, other than acts of God or ordinary wear and tear. 4. HIPROVENENTS TO DISTRICT PROPERTY. CITY may install s p r ink 1 e r s y s t ems, t u r fin g , pIa y g r 0 u n d e qui pm e nt, "f en c i n g, 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 beo:een CITY and DISTRICT. Listed on Exhibit B are those joint use facilities CITY intends to improve, subject to a separate improvement agreement. Both CITY and DISTRICT agree to negotiate in good faith to enter into such agreements. Any permanent improvements or equipment installed or erected on joint use facilities by CITY shall remain the property of CITY. In the event that the DISTRICT terminates this Agreement or disposes of any of the joint use facilities, CITY shall have the following options: a. Remove the improvements, or any portion thereof, and restore the joint use facilities to at least as good a condition as existed prior to the construction or installation of such improvements, normal wear and tear excepted, at CITY's cost and expense. b. Receive reimbursement from DISTRICT for the value of the improvements or equipment, which value shall be determined by an appraiser or appraisers jointly selected by CITY and DISTRICT, based on the cost approach. All such improvements and facilities on joint use facilities shall be available school purposes during such time as the used by CITY. constructed or placed to DISTRICT to use for property is not being 5. INDENNIFICATION. Each party hereto shall indemnify and hold harmless and defend the other party, its officers, agents or employees, from any and all liability, damage, cost or expense which any indemnified party shall become obligated to pay by reason of any claim, lawsuit or judgement on account of injury to property or injury or death to persons received or suffered as a result of the use of property by the indemnitor pursuant to this agreement. Further, each party hereto shall be responsible for any and all damage to the property of the other party resulting from such liable party's use of facilities pursuant to this agreement. 6. DISPUTES. In the event of a disagreement between the CITY and the DISTRICT on 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. 7. TERM. This Ag~eement 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 or DISTRICT. ~ 4 fiS Agreement shall remain in full force and effect so long as Y and DISTRICT shall maintai nd operate facilities capa e of joint use; provided, howeve~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. 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. B ~'fa"I(!j([('12- iJui/at. i'\:.y tclerk- ' I V CITY~O DUBLIN, a/~:al COCRO~:,~ ' as L 1A.Fe nr rfor ATTEST: ATTEST: By c5..Lu.-~ &w Clerk of Board DUBLIN UNIFIED SCHOOL DISTRICT By ~ tL. ('~(jddfl14- P esident, Board of Trustees .,. -5- e EXHIBIT A DUBLIN HIGH SCHOOL Gymnasium Saturday September-October November-Narch April-July August Sunday September-July August Monday September-October November-March April-May June-July August Tuesday September-Hay June-July August Wednesday Same as Nonday Thursday Same as Tuesday Friday September-December January-March April-Nay June-July August Tennis Courts/Athletic Fields September-June July-August Building E e 7: OOam-ll : OOpm 12Noon-l1:00pm 7 :OOam-ll :OOpm Closed-Maintenance 7: OOam-ll : OOpm Closed-Maintenance 5:00-7:00pm Not Available S:00-7:00pm 7:00am-12Noon Closed-Maintenance Not Available 7:00am-12Noon 7:00-11:00pm Closed-Maintenance 6:30-11:00pm Varies according to BB Game Schedule 7:00-11:00pm 7:00am-12Noon 6 :00-11 :OOpm Closed-Maintenance Varies according to inter- scholastic sports schedule 7:00am-Dusk Daily at least two classrooms after 3:00pm, unle~s scheduled by Las Positas College. FREDERIKSEN SCHOOL Multi-Purpose Room September-June July-Augu9t Honday-Friday/3:00-11:00pm Saturday-Sunday/7:00am-ll:OOpm Daify/7:00am-ll:OOpm ~ e EXHIBIT A Page Two Athletic Fields September-June July-August Kindergarten Tot Lot September-June July-August MURRAY SCHOOL Multi-Purpose Room September-June July-August Athletic Fields September-June July-August Classroom #6 September-June NIELSEN SCHOOL Multi-Purpose Room September-June July-August Athletic Fields September-June July-August Portable #2 September-June \~ELLS SCHOOLS Multi-Purpose Room September-June Ju_ly-Au g u s t e Monday-Friday/3:00pm-Dusk Saturday-Sunday/7:00am-Dusk Daily/7:00am-Dusk Monday-Friday/3:00pm-Dusk Saturday-Sunday/7:00am-Dusk Daily/7:00am-Dusk Monday-Friday/3:00-11:00pm Saturday-Sunday/7:00am-ll:OOpm Daily/7:00am-ll:OOpm Monday-Friday/3:00pm-Dusk Saturday-Sunday/7:00am-Dusk Daily/7:00am-Dusk 2:00-5:00pm Monday-Friday/3:00-11:00pm Saturday-Sunday/7:00am-ll:OOpm Daily/7:00am-ll:OOpm Monday-Friday/j:OOpm-Dusk Saturday-Sunday/7:00am-Dusk Daily/7:00am-Dusk 2:00-5:00pm ., Monday-Friday/3:00pm-ll:OOpm Saturday-Sunday/7:00am-ll:OOpm Daily/7:00am-ll:OOpm EXHIBIT A Page Three e e WELLS SCHOOLS Athletic Fields September-June Monday-Friday/3:00pm-Dusk Saturday-Sunday/7:00am-Dusk July-August Daily/7:00am-Dusk Upon completion of the Wells School Gymnasium, the City shall have access at least 3 days per week after 7:00pm and all day on Saturday/Sunday. ., . f .; _ ~~. , e e EXHIBIT B Project 1. DHS Football Field Renovation to include all weather track and new press box 2. DHS Girls Athletic Fields 3. DHS Baseball Fields 4. DHS Tennis Court Renovation 5. DHS Outdoor Lighting (to be done in conjunction with projects 1-4) 6. C.H. Frederiksen Kindergarten Tot Lot 7. Nielsen Athletic Field Renovation, Play Area Renovation and Outdoor Lighting 8. Wells-Cronin Athletic Field Renovation and Outdoor Lighting 9. C.H. Frederiksen Athletic Field Renovation and Outdoor Lighting 10. Murray School Athletic Field Renovation and Outdoor Lighting 11. Dublin Elementary Athletic Field Renovation, Mini-Park and Outdoor Lighting April 1989 Cost Estimate $673,900 $186,370 $270,980 $ 65,500 $ 20,000 $ 33,980 $310,450 $277,100 $ 68,600 $325,970 $795,680 " e e. --- AGREEMEN'l1 ~rHIS AGREEMEN'l', made and entered into this 213%! day of VAA/tJ.flR.y , 1991, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter called "CITY," and the DUBLIN UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT". WITNESSETH WHEREAS, the CITY and the DISTRICT have entered into an agreement for joint use of DISTRICT facilities and improvement thereto entitled "Agreement Between City of Dublin and Dublin Unified School District Regarding Use of Facilities" (referred to as "Master Agreement"); and WHEREAS, it is necessary to establish site s~ecific duties and obligations for the improvement of each DISTRICT fac~lity; and WHEREAS, the CITY and the DISTRICT have agreed to proceed on the project entitled "Dublin High School Baseball Field and Girls Athletic Field Renovation". NOW, THEREFORE, in consideration of the promises herein and in the Master Agreement dated September 25, 1989, the CITY and the DISTRICT agree as follows: 1) The scope of Project No. 3 entitled "Dublin High School Baseball and Girls Athletic Field Renovation" shall be based on the design approved by the City Council on December 18, 1990 and shall include the following elements: a) Baseball Fields Turf Area to include "Cambridge" sand drain system, aeration and overseed of entire area, added turf and irrigation adjacent to tennis and basketball courts, and quarry waste path. b) Varsity Infield and Bleacher bleachers (170-seat capacity), paving, sand clay infield and fencing and batting cage. Area to include grading, backstop, decomposed granite infield turf and irrigation, c) Junior Varsity Infield and grading, bl~achers (60-seat granite pav~ng, sand clay irrigation, and fencing. . Bleacher Area to include capacity), backstop, decomposed infield and infield turf and d) Girls Softball Fields I' to include "Cambridge" sand drain system, aeration and overseed of entire area, added turf and irrigation to the South, portable bleachers (60-seat capacity), backstops, decomposed granite paving, and sand clay infields. e) Irrigation Upgrade to include a new controller and valve wiring at baseball fields and a booster pump. -1- EXHIBIT C 2) , e.-.. The ~reliminary budget itemlzed as follows: estimate e_, for. the Improvements: Design/Inspection~ project is $549,500 -36 Lr 1VJ. $496, 250 ~;"1r -- $ 53,250) . bcJC4~~ I g ~ In the event that the contract for the project exceeds the sum of $549,500, the CITY reserves the right to reduce the scope of work. The area to be eliminated or reduced shall be determined by common agreement between the CITY and the DISTRICT. In the event that the contract for the $549,500, the CITY reserves the right alternates shown in priority order: project is less than to add the following a) b) c) d) 3) The for a) b) c) d) e) f) Replace Existing sprinkler Heads Addi tional Landscaping , Scorers Booth High Net Fencing Along Canal CITY shall be the project coordinator, and its responsibility this project shall be as follows: Selection of Architect/Engineer; Review of the Architect's plans, specifications, and estimates, with input from the DISTRICT; Advertising and award of bid to the Contractor; Inspection of the Contractor's work, with input from the DISTRICT; Payment of monies due for architectural services, contract work, and CITY Staff assigned to the project; Acceptance of Contractor's work as complete. 4) The DISTRICT's responsibility for this project shall be as follows: a) b) Review of Architect's plans and specifications and provision of comments to CITY; Periodic field reviews with CITY Staff during construction and provision of comments to CITY relating to construction progress and quality; c) Payment of all DISTRICT Staff costs relating to this project; d) Payment of all utility costs for this project during construction. '-2-= l. 5) e_ e~- The CITY and the DISTRICT shall work together to schedule the actual construction work to be done between May 13, 1991 and 'September 13, 1991 in order that the fields will be playable for the 1991 season. The DISTRICT will not schedule any other events on the fields during this time period without prior written approval from the CITY. Upon completion of the improvements under this agreement, maintenance responsibilities shall be apportioned as follows: a) CITY shall provide at its sole cost and expense, maintenance to the infields, turf areas and landscaped areas. This includes mowing, fertilization, and irrigation repair. 6) b) DISTRICT shall provide at its sole cost and expense, maintenance to bleachers, backsto~s, decomposed granite paving, quarry waste path, fenc~ng and batting cage. DISTRICT shall be responsible for payment of all utilities including gas, electricity, water, and sewer. DISTRICT agrees to provide regularly scheduled school maintenance responsibilities.' CITY with access to grounds during hours in order to carry out 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: C!!ai~1(UIk. ~YJ Clerk DUBLIN, al Corporation DUBLIN UNIFIED SCHOOL DISTRICT ~ d. t!tlz{da0no-- resident, Board of Trustees ~, -3- ~ e e FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICT FOR RENOVATION OF THE DUBLIN HIGH SCHOOL BASEBALL FIELD AND GIRLS ATHLETIC FIELD This First Amendment, dated for identification as of September __, 1994, is entered into between the city of Dublin (CITY) and the Dublin Unified School District (DISTRICT). RECITALS Whereas, the CITY and DISTRICT have entered into an agreement for joint use of DISTRICT facilities and improvements thereto entitled "Agreement Between City of Dublin and the Dublin Unified School District Regarding Use of Facilities" (hereafter "Master Agreement"); and Whereas, the CITY and DISTRICT are parties to an Agreement dated January 25, 1991, relating to the renovation of the Dublin High School Baseball Field and Girls Athletic Field (hereafter "Agreement"); and Whereas, the time table set forth in the Agreement for the completion of renovations has expired, and renovations are being carried out by the DISTRICT through other means; and Whereas, the CITY and DISTRICT desire to amend the Agreement to terminate the Agreement. Now, therefore, in consideration of the mutual covenants and promises set forth herein, and in the Master Agreement dated September 25, 1989, the receipt and adequacy of which is hereby acknowledged, the CITY and DISTRICT agree as follows: 1. The Agreement between the CITY and' DISTRICT for the renovation of the Dublin High School Baseball Field and Girls Athletic Field is hereby terminated. 2. The CITY and DISTRICT are no longer responsible for the rights, responsibilities, duties and obligations contained therein. IN WITNESS WHEREOF, the parties have caused this Amendment to the Agreement to be executed by their respective officers and duly 1 EXHIBIT D -' e e authorized by the CITY and DISTRICT as of the day and year first above written. Attest CITY OF DUBLIN, A Municipal Corporation City Clerk Mayor Approved as to form: City Attorney ATTEST: DUBLIN UNIFIED SCHOOL DISTRICT Clerk of the Board President, Board of Trustees 114\agree\facility.sch ., 2