HomeMy WebLinkAbout7.1 VlyHighSchlCommtyGym
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CITY CL~K
File # n~[{2)[Q]- [DJ
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 2, 1997
SUBJECT:
Valley High School Community Gymnasium
Report by: Diane Lowart, Parks & Community Services Director
EXHIBITS ATTACHED:
A. Draft Agreement Between City and District Regarding Joint
Funding of V alley High School Gymnasium
RECOMMENDiTION~//
FINANCIAL STATEMENT:
Approve Draft Agreement in concept Q[ provide Staff with
additional direction
The actual cost of the City's participation in this project as proposed
is unknown until the District receives bids on the project. As
drafted, the City would pay the District in three equal installments to
be made no later than January 30, 1999, January 30, 2000 and
January 30, 2001.
DESCRIPTION: . {At the . May 6, 1997 meeting of the Dublin City Council, the
Council gave conceptual approval to a proposal whereby the City would fund the incremental cost
. difference b~een constructing the Valley High School complex. with a multi-purpose room and
constructing the complex with a 10,000 s.f. gymn8sium. Staff was directed to forward the proposal to the
Dublin Unified School District Board of Trustees and, if acceptable to the Board, to draft a DE'W
agreement for consideration by 'each governing body. .
Attached is the draft Agreement Between City of DubliII. and Dublin Unifie4 School District Regarding
Joint Funding of Valley High School Gymnasium and RepeaIing January 21, 1991 and October 24,1995
Agreements. The draft agreement outlines the responsibilitie,s of both parties and is summarized below:
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District Responsibilities
1. District ,s1iaIl construct the gym to District specifications and shall pay' for 100% .of the total cost of
constructing the .'gym . including preliminary' engineering, . design, construction engineering,
construction, inspection and all required permits. . .
2. District will provide ..all maintenance for the gym.' Such' maintenance will include custodial
services; both interior and exteriOr smface maintenance; maintenance of electrical, plumbirig and
mechanical systems; roofmaintenance;floor maintenance;.and' similar maintenance' necessary to
keep a gymnaSium in first-class repair. :."
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COPIES TO: Parks & Community ~crviccs Commission
Dublin Unified School District
ITEMNO.~
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3.
District will guarantee City/community use of gymnasium as follows: Monday-:-Priday from 3~~.l't.~,..
p.m. to 10:00 p.m. and Saturday/Sunday from 8:00 a.m. to 10:00 p.m. (during times that school is
in session); and Monday-Sunday from 8:00 a.m. to 10:00 p.m. (during holidays and summer
break).
District will carry gehera1liability:insurance in an amount of at least $1,000,000 and will name .
City as an additional insured on its policy
District will defend, indemnify and hold City harmless from all claims for loss, liability, expense,
or damages anSing as a result of District's use of gym.
District may close the gym for a ~riod of up to oIle month on an annual basis to perfonn deferred
maintenance (typically during the summer).
If the District elects to terminate the Agreement or if the District sells the property to a person or
enti1y other than the City, the District shall reimburse the City in the manner set forth in the
amortization schedule (to be provided once costs are known).
In the event that the District closes. Valley High School but retains the school for future use, the
District shall continue its maintenance' of the gyn:t and the -City will reimburse the District for a
percentage of the operating costs of the gym . (amount yet to b.e determined). At its option, City
sbal1 be entitled to increase the hours of use of the gym. .
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~ City Re$pOllSibilities
1. City shall reiInburse District for: mcremental coSt of ~ction which is estimated to be 34% of
the cost of cOnstruction not including the cost of preliminary engineering, design, construction
engineering, inspection and pennits.
2. ,..City shall reimburse District for 34% of the cost of changeJ'Orders which increase the cost of
"'. construction over (dollar amount yet to be determined), provided.that City has approved change
'orders.>>,,,,,,,,,:,,.:,:,' "~i:.- ';"~r!","." ".,... ,; hY3,,,,..'1 .....".'. .
3. City's payment to District shall be in ,three equalpayme.nts to be made no later than January 30,
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1999, January 30, 2000 and January 30,2001. " '," -.. .:, I . .
4. City will reimbUrse DiSirici: for any damage (exc~UdiDg i~~ w~;~d,~) to the interior of the
gym which OCCW'S during the times Ci1y has the exclusive right to ~ of the gym, provided that if
.;;i;B~f!::~~~i ~t.^~.:co~t~t~ch ~j~ t'f~d" $509:90, ,District shall provide City
,",With.8dvance wntten:noticeofthe estimated ~st of such t:ej>airs and shall allow City the right to
~~ tlieieJ)airs itself. .' ,,~'..: .;: ,:.',; ,. :;! ;',,' ",
5. CitY Will i'eiri1bmse District for it's plorated share of the District's annual cost of operations and
maintenance of the gym. City's prorated share is agreed to be 69%, based on the amount of time
City has the use of the gym in relation to the amount of time 'the District has the 'use of the gym.
6. City ,willteimburse, District f()rits prorated share ,.of expenses (estimated to be 69%) related to
" .. ~"an(f!n8iritenanCe' ofgyiii.'fu1'Iii~hings~'.which'iitci~e bleach~: ;backboards, scoreboards and
'flo8r'iiiiface~~~"b'", "'-'":;""'"~ "" .... :":i;;':~'1~~:,"li:i;>": i: ;'. ~', ~.: ' -,';
7. . City will make facility available for District related.functions ten times per year. Use in excess of
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. '. ,ten times~~. 'Year ,Will '~::..s.ubject to!. written approval. from, the Ci1y ,Manager and District
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Superintendeijtorthell'desi~represfl!l1tatives.r..r" .,....'i'."."'''''"(.; ',-.-, ....r.,' d....,.. '.!'.. ':' f'" ,"
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8. .City will sc1teQUle.an uSe 'of the gym for City and communi1y use. during the times that City has
exclusive use of the gym. . . ..
9. City will provide qualified supervision during all times the gym is used for City or community use
during the times that City has exclusive use of the gym, at no cost to District. The provisio:Q of
10. ., -~: =t;lfD~~;~~~~~~ed d~ ~e ~es City-~ exclusive use of the gym .
or appears in need of repair. City will promptly notify the Police Department of any vandalism
which City observes has occurred.
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City may impose, collect and retain facility userr.s~i9r City ~d/or community use of the gym
during homs that the City has the exclusive uSe of the gym. City's fee schedules will be in
accordance with those fee schedules imposed by Distri.ct for similar facilities.
City will carry general liability insurance in an amount of at least $1,000,000 and will name
District as an additional insured on its policy
City will defend, indemnify and hold District harmless from all claims for loss, liability, expense,
or damaeesarising as a result of City's use of gym.
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As drafted, the agreement will be in effect for a period of 99 years. For the :first three years of the
agreement, an annual review will be undertaken; after three years, a biennial review will be undertaken.
Additionally, the agreement contains a provision that allows either party to terminate the agreement by
providing one year's written no~ce to the other party.
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Adoption of the agreement will repeal two previous agreements of which the City and District are a party
to: 1) an agreement dated October 24, 1995 entitled "Agreement Between City of Dublin and Dublin
Unified School District Regarding Joint Use of School Facilities (Gymnasium) and Amending September
25, 1989 Joint Use Agreement"; and 2) an agreement dated January 28, 1991 entitled "Agreement
Between City of Dublin aDd Dublin Unified School District for Renovation of the Dublin High School
Baseball Fields and Girls Athletic Fields".
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The bid opening for the Valley High School Community Gymnasium project is scheduled for August 28,
1997. . Staff will verbally report at the City Council meeting as to the status of the bid results..
At this time, it is recommended that the City Council review the draft agreement and give conceptual
approval of the agreement. The agreement will be brought back before the City Council for final
. consideration once the bids for the project are evaluated and the actual cost to the City is known.
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AGREEMENT BETWEEN CITY OF DUBLIN
AND DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING JOINT FUNDING OF
VALLEY HIGH SCHOOL GYMNASIUM AND
REPEALING JANUARY. 21, 1991 AND
OCTOBER 24. 1995 AGREEMENTS
This Agreement (U Agreement ") is entered intO this _ day of . 1997.
by and between the City of Dublin. a municipal corporation ("City") and the Dublin
Unified School District. a subdivision of the State of California ("District").
RECITALS
A City and District are parties to an agreement dated September 25, 1989
entitled "Aw-eement Between City of Dublin and Dublin Unified School District
Regarding Use of Facilities" (the "Master Joint Uge Agreement") which provides for
joint use of wrlous City :and District facilities.
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B. City and District are also parties to an agreement dated January 28~
1.991 entitled "Agreement." ("Dublin High Baseball Field Agreemen.t") which provides
for funding to renovate the Dublin High School baseb.a11 fields and the girls' athletic
field. '. ..
C. City and District are iUso parties to an a.greement dated October 24.
1995 entitled."Agreement Between City of Dublin and Dublin Unified School
District Regarding Joint Use of School Facilities (Cymna.s'ium) and Amending
September 25. 1989 Joint Use Agreement" ("Gymnasium Agreement") which
provides for construction and annual fw\ding of Inaintenance costs of a gymnasium
to be constIUcted At Valley High School.
D. City ha:s idt~ntifled R need for additional gymnRljiwn space in the City
for community recreational purposes.
E. District has identified funding for a multi-purpose room at Valley High
School but has inadequate funding to . eonstru~! a. grmnasium at Valley High School.
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Agreement Between City of Dublin and Dublin
Unified School District - Valley High School Gym
Page I of 9
August 18, 1997
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F. City and District representatives have met and have identified the
expansion of the proposed multiwpurpose foom as the preferred means of providing
the needed gymnasium space.
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G. City and District desire to provide for the expansion of the proposed
Valley High School multiwpurpose room so that it em function as a. community
gymnasium to meet the needs of organized sporLS leagues and local community
groups in City. '
H. City and District are authorized to enter into this Agreement by
Education Code Sections 10900 et seq. And Section 10905 in particular~ for the
purpose of improving and maintaining recreation facilities for the benefit of students
of the District and residents of the City.
AGRBBMENT
Now, therefore~ City and District. agree as follows:
1. Rf"pea.I elf Dublin HiEh RaseQ;\J1 Fjeld Agreement smd Gymmlsil11lJ
A~reemeot.
The Dublin High Baseball Field Agreement (Exhihit A.heret.o) and the
GymnasiUm Agreement (Exhibit B hereto) are hez:eby repealed in their entirely. By
repealing the Gymnasium Agreement, City and District intend that the amendment
made hy t.he Gymnasium Agreement to Paragraph 3 of the Ma.ster Join~ Use
Agreement shall be repealed and Paragraph 3 of the Master Joint Use Agreement
shall continue in effect as set forth in the Master Joint lJseAgreement.
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2.
Description or Gyn)
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The gymnasium at Valley High School ("gym") shall be approximately 16,300
s.f. consisting of the following approximate areas: A) 10,000 SFgymnasiwn with
hardwood floor and bleacher ~eaung for 200 people which shall accouuuodatc: one
full sized basketball court (841 x 50'), two half-court basketball COurts (74' x 42'), one
full sized volleyball court (60' x 30') and two ha!fwcourt volIeybaU courts; B) wdght
room and :Sl~?ragc w 895 SF; C) family Toom965 SF; D) offict:s, Tt:l.""t:ption. conference,
toilet an workroom for Valley High - 15B5 SF; E) kitchen/concession _ 175 SF; F)
lobby ~ SSO SF; G) toilets/dressing areas - 580 SF; H) janitor/mechanicaJJelectric.al
Agreement Between City of Dublin and Dublin
Unified School Distrtct - Valley High School Gym
Page 2of9
August 18, 1997
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. areas - 310 SF; I) storage - 780 SF; and J) corridor - 180 SF.
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3. COI\:5truction of Gym
Di~trict ~hal1 constnlct the gym to District specifiations. Construction shall
commence no later than _. District shall proceed diligently with construction_
City may. but is not obligated to conduct periodic inspections of the gymnasiums
construction. City agrees to make all reasonable efforts to notify District of City's
plans to inspect. District shall notify City of construction conferences and City may
be present at these conferences.
4. Funding for Constmcjion of Gym
District shall pay for 100% of the totQ.} eost of consttucting the gym which
shall consist of preliminary engineering. design. c.on~troction engineering,
const.ruction, inspection and all required permits.
$. P~ymp.nt by City of Tnr,rP.ment~l Cort of Constntction
City shall reimburse District for part of the cost of construction of the gym.
The amount to be paid by City to District, referred to a.a the "Incremental Cost of
. Construction," shall be '. Dollars ($_), which is _% of the cost of
construction of $ , not including the cost of preliminary- engineering, design,
construction engineering, inspection arid permits. .' ,
. In the event that there are change orders which increase the cost of
construction over $ , City:shall reimburse District for _ % of such increase
provided that City has approved such change orders.
City"s payment to District of the Incremental Cost of Construction, plus any
increase in suCh a.mount dlletn l':h~ngeorders, shall be in'threeequal payments to be
made no later than January 30, 1999, 'January 3D, 2000 and January_~O, 2001.
6. Maintenance and Operating (:osts of Ciyrn
A District will provide all mai~tcnancc for the gym. Such
maintenance, will include custodial services (on a daily. weekly. monthly and annual
basis as set forth in Exhibit C hereto); both interior and exterior surface maintenance;
Agreement Between City of Dublin and Dublin
Unified School Districl - Valley Hig.h School Gym
Page 3 of 9
August 18, 1997
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mainternmreufelectri~-plombing-md-mechanical systems; roofmaintertance: floor .
maintenance; and similar maintenance necessary to k~~p a gymnasium in first-class
repair.
B. City will reiInburse District for its prorated share of expenses
related to repair and maintenance of gym furnishings. which include bleachers.
ba.ckbnards. scorehO:l'rd~ and fInor surfaces.
c. City will reimburse District for the cost of repair of any damage
(excluding gener.al wear :md tear) to the interior of the gym which OCCUrs during the
times City has the exclusive right to use of the gym, provided that if District
anticipates that the cost of such repairs will exceed $500.00, District shall provide
City with advance written notice of the eRtimated cost of such repairs "and shnll nllow
City the right to perform the repairs itself.
D. City will reimburse District for its prorAted share of the District's
annual cost of operations and nurinten~nce of t.hE'! gym exduding those areas
described in 2B, 2C, 2D, 2F, 2H, and 21 (Uoperating cosu"). City's prorated share is
agreed to be 69%. bAsed on the amount of time City has the use of the gym in
rela.tion t.o the .amount of t.ime the District has the use of the gytn_ Such operating
COSts shall only include custodial seNices and supplies, utilities and an annual set- .
aside for floor refinishing. District's operating costS (excluding the annual set aside)
shall include :l percentage increAse equal to District'g State approved actual indirect
cost rate. District shall provide City with a statement of actual annual operating
costs for the prior fiscal year no later than September 30. City shall pay such costs
within 30 days of presentation of such statement. City shall have the right to inspect
District's records relating to suCh costs upon advance written notice.
City and District shall annually, no later than September 1 of each year,
reconcile the City's actual use of the gym in relation to the District's use of the gym
to determine whether the City's prorated share of use is greater or less than 69%. In
the event that the use is greater or less than 69%, the amount paid by City to District
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for operating costs shall be adjusted accordingly.
7. City's Use of Gym
A. . City shall have the exclusive use of the gyIIl for City and
community use for sports practices and events typically held in gymnasium, as
A~eement Between City of Dublin and Dublin
Unified School DiJ;trict . Valley High School Gym
Page 40f9
August 18. 1997
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follows:
Use ouring times when school is in session:
Monda.y to Friday
Saturday and Sunday
3:00 p.m. to 10:00 p.m.
8:00 a.m. to 10:00 p.m.
Use during t.imes when scOOol is not in session (holid:lYS and summer brenk):
Monday to Sunday
8;00 a.m. to 10:00 p.m.
Notwithstanding the above. the parties acknowledge tha~ District, may dose
lhe gym for a period of up to one month on an annual basis to perform deferred
maintenance (typically during the summer). The times shall be schedUled by District
by written not.ificat.ion t.o City nn later than three months prior to the work being
initiated.
R. City shall schedule all use of the ~ for City and community use
during the times that City hasexc1usive use of the gym. City sh:ill require all users to
cany public liability insurance in an amount and form acceptable to and approved by
City naming both City :md District :l~ :ldditional in~ured~ and slull require Sll1 users
to indemnify ~d defend both City and District :lg:linst any claims arising as a. result
of such user's negligence in use of the gym. .
c. City shall provide qualified supervision during all times the gym
is used for City or community use during the tiInes that City has exclusive use of the
gym, ~t no cort to District. At ':a minimum, supenrision shall meet the specified
criteri:l set forth in Exhihlill hereto. The provision of such supervision shall be a.t
City's expense.
D. City shall notify District if the gym i~ da.maged during the times
City has exclusive use of the gym or appears in need of repair. City shall promptly
notify the Police Department of any vandalism which City: 'observes has occurred.
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E. City may impose, collect and retain facility use fees for City
.and/or community use of the gym during hours that the City has the occlusive use of
T.he gym. City's fee scnedt11es ShAll be in accordance ",-vith thos~ fee schedules
imposed by District for similar fadlities.
Agrp.p.mp.nt Re.tween City of Dublin and Dublin
Unified School DiSlticl- Valley High School Gym
Page 5of9
August 18. 1997
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8.
District's Use ofCym
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A., District shan have the exclusive use of the gym at all time~ during
which Cily does not have exclusive use of the gym.
B. ,Notwithstanding the provisions of paragraph 7. DiJ::t_nct m~y
reserve the gym for District-rel:ued use deemed appropriate by District ten (IO) times
each school year at no crist to District. The times shall be scheduled by District by
written notification to City no ).Qter th~n Octnher 1 of each school ye~_ Requests for
use by District received after October 1 shall be subject to availability.
c. Requern for use by Di~trict which exceed the ten times each
school year identified in pangraph B(B) are subject to written approv31 from the City
Manager and District Superintendent or their designated representatives.
9. IndemnifiCAtion and In~nr~ce
A City and District shall carry genero.1linbility insurance in an
amount of at least $1.000.000 combined single limit per OCCUrrence for bodily injury.
personal injury and property dalIlag~, to insure against claims for injuries to persons
or damage to property which may arise from or in connection with the use ,of thc gym .
by either party. City shall name: District. as an ndditionaJ jnsttred on its policy and
Disuict shall name City as an additional insured on its policy.
B. District shall defend, ind~rnnify and hold City harmless from all
claims for loss, liability, expense, or damages (including costs of suit) arising as a
result of the Districes use of the gym pursuant to thilS Agreement. This provision
shall not he construed to exempt the City. its employees Or officers, from its own
fraud, willful injury or violation of law.
c. , City shall defend, indemnify and hold District hannIess from all
claims for loss. liability, expense, or damages (including costs of suit) arising as a
result of the City'~ ~3e of the gym pur5uanL LO Lhis ^grcclncnt. TIus provi:5iun ~hal1
not be construed to exempt the District, its employees or officers, from its own fraud,
willful injury or violation of law.
Agreement Between City of Dublin and Dublin
Unified School.District M Valley High School Gym
Page 60f9
Au)?;Ust 18, 1997
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10. Annual Review
Each year for the frrst three years of the Agreement during the month of
March. City and District, through their respective staffs. shall meet to review the
Agreement. Thereafter, the Agreement shall be so reviewed on a. bienniaJ basi~:.
11. Term of Agreement
The term of this Agreement shall be 99 years. commencing on the effective
date.
12. Early Terrnin:uinn
This .Agreement may be tennin:;l.ted by either p~rty by one year's a.dva.nce
written notice to the other party.
13. Reimbur~ement to City of Incremental Cost
In the event that District elects to terminate this Agreement pursuant to
P.2.r.2.gr~ph 12 District shill reimburse City in the maI'\1\er set forth in Exhibit B, an
amortization schedule. TO BE PROVIDED ONCE COSTS ARE KNOWN
14. S~o~l S.ale or Closure
rEDistrict s~l1s such property to a person or entity other than City. City shall
be reimbursed for its Incremental Cost of Construction asset forth in Exhibit B.
In the event that the District closes Valley High School but retains the school
for future use~ District shall continue its maintena.nce of the gym, as provided in
paragraph 6 and City will reimburse District for ~ % of the operating costs of the
gym. At itS option, City shall be entitled to increase the hours of use of the gym over
those set forth in paragraph 7.
15. Additional Documents a.nd Agreements
The parties ~gree to cooperate in the execution of any additional documents
which may be required to' carry out the terms of this Agreement.
A~eement Between City of Dublin and Dublin
Unified School District - V nIley High School Gym
Page 7 of 9
August t 8, 1997
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16. s.uccessors
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This Agr~ement ~hall bind and inure to the benefit of all successors and assigns
of the parties and any associates in interest. and their respective directors. offlcers,
agents. servants. and employees. and t.he SUCCeSSOrs and assigns of each of them,
separately and collectively.
17. Cnn~tnlctjnn of Agrpt":mt"nt
This Agreement shall be construed and enforced pursuant to the laws of the
State of California. Th~ foregoing Recitals are troe and correct lUld are made a part
hereof.
1ft Notil'~
Whenever notice is requited herewlder, it shall be given to the panies as
follows:
To: City
City Manager
Cit.y of D1.IbHn
P.O. Box 2340
Dublin, CA 9456S
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To: District
District Superintendent
Dublin Unified School District
7471larkdale Avenue
Dublin, CA 91568
19. Entire Agreement
This document embodies the entire terms and conditions of the Agreement
described herein. This Agreement may be executed in two c:ounterpans, each of
which shall con~Ril..ulC an original.
Agreement Between City of Dublin and Dublin
Unified School Di$Crlct - Valley High School Gym
Page B 0[9
August 18, 1997
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20. Effe:rtive Date
The effective date of the Agreement shall be
Dated:
Attest:
City Clerk
Approved as to form:
City Attorney
Daled:
Attest:
Clerk of the Board
Approved 2S to form:-
District Counsel
J:\WPD\MNRSW\11,4\AGREEWALUVHS.SlS
:SJ.4S,rj"
, 1997.
CITY OF DUBLIN
Mayor
DUBLIN UNIFIED SCHOOL
DISTRICT
" ~::\\ ~
President, Board of Trustees
Agreement Between City of Dublin and Dublin
Unified School District - Valley High School Gym
'i
Page 13 of 9
August 1 B, 1997
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EXHIBIT A
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AGREEMEN'l'
THIS AGREEMEN'l', made and entered into this 21J!!! day of VfWtJ..f!R.Y , .
199+, 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 qf 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 GirJ,s Ath~etic
Field Renovation". '
NOW, THEREFORE, in consideration of the promises herein and in the
Master Agreement dated Septelllber 25, 1989, the CI'l'Y and the DISTRICT
agree as follows:
1) The scope of Pro~ect No. 3 entitled lIDublin High School Baseball
and Girls Athlet~c Field Renovationll shall be based on the design
approved by the city Council on December 18, 1990 and shall
include the following elements:. .
a) Baseball Fields 'l'urf Area to include lICambridgell sand
drain system, aeration and overseed of entire area, added
turf and irrigation adjacent to tennis and basketball
courts, and quarry waste path.
d)
e)
10
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, bleachers (GO-seat
granite paving, sand 'clay
irrigation, and fencing.
Bleacher Area to include
capacity), backstop, decomposed
infield and infield turf and
Girls Softball Fields to include "Cambridge" sand drain
system, aeration and overseed of entire area, added turf and
irrigation to the South, portable bleachers (GO-seat
capacity)" backstops, decomposed granite paving, and sand
clay infields.
Irrigation Upgrade to include a-new controller and valve
wiring at baseball fields and a booster pump.
"
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2) The ~reliminaiY bUdget estimate for th~ project is $549,500
item~zed as follows:
.
Improvements:
Design/Inspection~
$496,250
$ 53,250
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.
project is less than
to add the following
In the event that the contract for the
$549,500, tue CITY reserves the right
alternates shown in priority order:
Replace Existing sprinkler Heads
Additional Landscaping
Scorers Booth
a)
b)
0)
d)
3) The
for
a)
. b)
c)
d)
e)
I)
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 ~o the project;
Acceptance of' Contractor's work as complete.
4) The DISTRICT's responsibility for this project shall be as
follows:
a)
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 re~ating to construction
progress ,and quality;
c) Payment of' all DISTRICT Staff costs relating to this
project; .
b)
d)
.
II
Payment of all utility costs for this project during
construction.
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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 event.
on the fields during this time period without prior writte
approval from the CITY.
6) " Upon completion of the improvements under this agreement,
maintenance responsibilities shall be apportioned as follows:
5)
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.
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.
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.
CITY with access to grounds during
hours in order to carry out
ATTEST:
c3it:;Q(UfL
'. CleJ:"k
ST: /J
-' 11 l~ ~~J:i..uJ.itj 'd
Clerk of the Board
CITY OF DUBLIN,
~al Corporation
~,~
Mayorl' ,
.
DUBLIN UNIFIED SCHOOL DISTRICT
~.a. tM.-d~
resident, Board of Trustees
.
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EXHIBIT B
AGREEM;ENT BETvVEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTIUCT
REGARDING JOINT USE OF SCHOOL FACILITIES (GYMNASIUM)
AND AMENDING SEPTEl\1BER 25, 1989
JOINT USE AGREEMENT
This Agreement (entitled "Agreement Between City of Dublin and Dublin Unified School
District Regarding Joint Use< of School Facilities (Gymnasium) ani Amending September 25, 1989 Joint
Use Agreement) hereafter ("Agreement") is entered into this,e4t day of October, 1995, by and
between the City of Dublin, a municipal corporation ("City") and the Dublin Unified School District, a
subdivision of the State ("District").
RECITALS
A. City and District are parties to an agreement dated September 25, 1989 entitled
"Agreement Between City of Dublin and Dublin Unified School District Regarding use of Facilities"
(hereafter "Master Joint Use Agreement") which provides for the joint use of various City and District
facilities.
B. City identified a need for additional gymnasium space in the City for community recreational
purposes.
C. District's preliminary master plan for Valley High School includes a gymnasium/multi-
purpose room.
D. A TaskForce of City, District and community representatives identified the expansion of the
proposed Valley High School gymnasium(muIti-purpose room as the preferred means of providing the
needed gymnasium space.
E. City and District desire to provide for the expansion of the Valley High School
gymnasiup1lmulti-pwpose room so that it can function as a community gymnasiwn to meet the needs of
organized sports leagues and local community groups.
F. City and District are authorized to enter into this Agreement by Education Code sections
10900 et. seq..and section 10905, in particular, for the purpose of improving and maintaining recreation
facilities for the benefit of students of the District and residents of the City. "
AGREEMENT
1. Description of Gvm
The gymnasium at Valley High School (<<gym") shall be approximately 16,300 s.f. consisting of
the following approximate areas: A) gymnasium with hardwood floor and bleacher seating for 400
people - 10,000 SF which shall accommodate one full sized basketball court (84' x 50'), two half-court
basketball courts (74' x 42'), one full sized volleyball court (60' x 30') and two half-court volleyball
courts; B) weight room and storage - 895 SF; c) family room 965 SF; D) offices, reception, conference,
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toilet and ,workroom for Valley High ~ 1585 SF; E) kitchen/concession - 175 SF; F) lobby - 850 SF;
0) toilets/dressing areas ~ 580 SF; H) janitor/mechanical/electrical areas - 310 SF; I) storage - 780 SF; .,..,
and J) corridor - 180 SF.
2. Gym Construction
District shall construct and fund 100% of the cost of constructing the gym, including the
additional cost necessary to expand the gym to accommodate community use. Costs of construction
shall include preliminary engineering, design, construction engineering, construction, inspection and all
required permits.
3. Maintenance and Operatinll Costs
a. District will provide all maintenance for the gym. Such maintenance will include custodial
services (on a daily, weekly, monthly and annual basis as set forth in Exhibit A hereto); both interior and
exter:ior surface maintenance; maintenance of electrical, plwnbing and mechanical systems; roof
maintenance; flpor maintenance; and similar maintenance necessary to keep a gymnasiwn in first-class
repair.
b. City will reimburse District for its expenses related to repair and maintenance of gym
furnishings, which include bleachers, backboards, scoreboards and floor surfaces.
c. City will reimburse District for any damage (excluding general wear and tear) to the interior .
of the gym which occurs during the times City has the exclusive right to use of the gym, provided that if.:: , ...
District anticipates that the cost of such repairs will exceed $500.00, District shall provide City with ' . ....
advance written notice of the estimated cost of such repairs and shall allow City the right to perform the
repairs itself.
d. City will reimburse District for 100% of District's annual costs of keeping the gym (excluding
those areas described in paragraph IB, Ie, In, IF, 1H, and IJ) in-operation ("operating costs"). Such
operating costs shall only include custodial services and supplies, utilities and an annual set-aside for
floor refinishing.' District's operating costs (excluding the annual set aside) shall include a percentage
increase equal to District's State approved actual indirect cos~ rate. District shall provide City with a
statement of actual annual operating costs for the prior fiscal year no later than September 30. City shall
pay such costs within 30 days of presentation of such statement. City shall have the right to inspect
District's records relating to such costs upon advance written notice. '
.
"
4. City's Use of Gym
a City shall have the exclusive use of the gym for City and community use for sport's practices
and events typically held in gymnasiums, as follows:
Use durin~ times when school is in session:
Monday to Friday
Saturday and Sunday
3:00 p.m. to 10:00 p.m.
9:00 a.m. to 10:00 p.m.
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Use during times when school is not in session (holidays and summer break):
Monday to Sunday
9:00 a.m. to 10:00 p.m.
Notwithstanding the above, the parties acknowledge that District may close the gym for a period
of up to one month on an annual basis to perform deferred maintenance (typically during the swnmer).
The times shall be scheduled by District by written notification to City no later than three months prior
to the work being initiated.
b. City shall schedule all use of the gym for City and community use during the times that City
has exclusive use of the gym. City shall require all users to carry public liability insurance in an amount
and form acceptable to and approved by City naming both City and District as additional insureds and
shall require all users to indemnify and defend both City and District against any claims arising as a
result of such user's negligence in use of the gym.
c. City shall provide qualified supervision during all times the gym is used for City or
conimunity use during the times that City has exclusive use of the gym, at no cost to District. At a
minimwn, supervision shall meet the specified criteria set forth in Exhibit B. The provision of such
supervision shall be at City's expense.
d. City shall notify District if the gym is damaged during the times City has exclusive use of the
gym or appears in need of repair. City shall promptly notify the Police Department of any vandalism'
which City observes has occurred.
e. City may impose, collect and retain facility use fees for City and/or community use of the .
gym during hours that the City has the exclusive use of the gym. City's fee schedules shall be in
accordance with those fee schedules imposed by District for similar facilities.
5. District's Use of Gym
a. District shall have the exclusive use of the gym at all times during which City does not have
exclusive use of the gym.
b. Notwithstanding the provisions of paragraph 4, District may reserve the gym for District-
related use deemed appropriate by District ten (10) times each school year at no cost to District. The
times shall be scheduled by District by written notification to City no later than October 1 of each school
year. Requests for use by District received after October 1 shall be subject to availability.
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c. Requests for use by District which exceed the ten times each school year identified in
paragraph 5 (b) are subject to written approval from the City Manager and District Superintendent or
their designated representatives.
6.. Indemnification and Insurance
a. City and District shall carry general liability insurance in an amoWlt of at least $1,000,000
combined single limit per occurrence for bodily injury, personal injury and property damage, to insure
against claims for injuries to persons or damage to property which may arise from or in connection with
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the use of the gym by either party. City shall name District as an additional i,nsured on its policy and
District shall name City as an additional insured on its policy.
.':.,.'
b. District shall defend, indemnify and hold City harmless from all claims for loss, liability,
expense, or damages (including costs of suit) arising as a result of the District's use of the gym pursuant
to this Agreement~ TIlls provision shall not be construed to exempt the City, its employees or officers,
from its own fraud, willful injury or violation of law.
c. City shall defenq, indemnify and hold District harmless from all claims for loss, liability,
expense, or damages (including costs of suit) arising as a result of the City's use of the gym pursuant to
tlllS Agreement This provision shall not be construed to exempt the District, its employees or officers,
from its own fraud, willful injury or violation of law.
7. Amendment of Master Joint Use A~reement re Swim Center
a. Paragraph 3 (entitled "Use of Dublin Swim Center") of the Master Joint Use Agreement is
amended to read as follows:
"3. USE OF DUBLIN SWIM CENTER. At no cost to DISTRICT, CITY shall make the Dublin
Swim Center available to DISTRlCT 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 DI~TRICT. . . . . .' . ' .
DISTRICT shall subnut to CITY a schedule of hours and days dunng which DISTRICT wIll use ::-....:
the Dublin Swim Center. CITY agrees that DISTRICT may use the Dublin 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.
During periods of time the Dublin 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) . Swim instructors, lifeguards and swim coaches necessary to carry out the program
meeting the specified minimwn criteria set forth in the Health and Safety Code of
the State of California. If qualified DISTRI CT personnel are not available, CITY
will provide qualified personnel and DISTRICT agrees upon a written invoice
from CITY to reimburse the CITY for direct cost of staffing the faCilitY; ,
, 4) Covering the pool while not in use and 1ll1covering it while in use;
b. DISTRICT shall be responsible for pool's supervision at all times when the Swim Center
is in use by DISTRlCT and shall reimburse the CITY for any damages t6 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." .....
b. The foregoing amendment to paragraph 3 of the Master Joint Use Agreement shall be of no ::".:~":-:,
force or effect when this Agreement is terminated, in which event the provisions of paragraph 3 of the '-'
Master Joint Use Agreement shall become effective.
It.
4
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8. rerm of A2'reement and Termination
a. This Agreement shall temlinate ten years from the effective date. By mutual consent of both
parties, the Agreement may be renewed for two additional five year periods upon either party giving
written notice to the other party, one year prior to termination date, of its intention to so renew.
b. This Agreement may be terminated by either party by providing one year's written notice to
the other party.
9. Annual Review
Each year for the first three years of the Agreement during the month of March, City and District,
through their respective staffs, shall meet to review the Agreement. Thereafter, the Agreement shall be
so reviewed on a biennial basis.
10. Additional Documents and Aireements
The parties agree to cooperate in the execution of any additional docwnents which may be
required to carry out the terms of this Agreement.
11. Successors
This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and
any associates in interest, and their respective directors, officers, agents, servants, and employees, and
the successors and assigns of each of them, separately and collectively.
12. Construction of A2Teement
This Agreement shall be construed and enforced pursUant to the laws of the State of Califomia.
The foregoing Recitals are true and correct and are made a part hereof.
13. Notices
Whenever notice is required hereWlder, it shall be given to the parties as follows:
To:
City
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
To:
District
District Superintendent
Dublin Unified School District
7471 Larkdale Avenue
Dublin, CA 94568
14. Entire A2l"eement
This document embodies the entire terms and conditions of the Agreement described herein.
This Agreement may be executed in two cOWlterparts, each of which shall constitute an original.
/7
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15. Effective Date
The effective date of the Agreement shall be October ...21..-. 1995, provided that paragraph 7 ..:..
shall not be effective until the month of February following commencement of construction of the gym.
Dated:
loh7/q~Z;
,
CITY OF DUBLIN
By: M~ ~~
Approved as to form:
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Dated: 11/11 qS
.
DUBLIN UNIFIED SCHOOL DISTRICT
By: L~'Z,-&i(,.jt?_ &~-ad~
President, Board of Trustees
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ATIEST:
ad-?'~c.-27Pd~
Clerk of Board / '
Approved as to form:
1^"&l.t1A.l} ~
District Counsel
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EXHIBIT C
CUSTODIAL SERVICES
Routine Floor Care
Dailv:
Sweep and damp mop all restroolU, locker, and shower floors using an
approved non-toxic germicidal disinfectant clQarQr and clean water.
Remove all spills, sticky areas, gum, etc.
Mop linoleum/vinyl.
spills: spray buff
surface condition.
Chemically-treated
mopping..
and. woo!' rloors to remove dust, dirt, and
finish as nQcQssary to maintain an acceptable
If facility is in Use, dust mopping with a
dust mop shall be performed in lieu of damp
Mop hardwood floors with treated dust mop: spot mop all spills
using neutral (pH 7 or 8) cleaner.
WeeklY:
Machine buff all floors, staircases. and landings to a high sheen.
DAmp ~QP hardwooQ ~loors using an neutral cleaner when needed.
Bi-weekly (Every ~ weeks):
Clean tile grout with approved cleaner as needed.
Scrub vinyl, linoleum, and tile f~oors to remove scuff mar~s or
other marks that have not been removed by normal ~opping-
pour water in all floor drains..
. Annually:
Hard surface floors (vinyl tile, linoleum) shall be completely
stripped and finished annually_
Note: Baseboards and walls shall be wiped clean immediately after
stripping and finishing to avoid permanent stains and/or damage.
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Offices, Common Areas. Kitchens
and oth~ Miscellaneous Rooms and Facilities
.'
;.
Users should leave the facility in tha condition they found it.
Kitchen appliances and stainless steel should be polished to
restore original finish. Clean interior of stoves, refrigerators,
microwaves i~ needed. This item shall include heavy scrubbing or
applianoQs to remove built up material.
Daily:
Mop floors with treated dust mop; spot mop all spills using a damp
mop and neutral cleaner.
Clean all glass doors (both sides) in buildings, including glass
partitions, to remove fingerprints~
Clean and ' sanitize drinking fountains_
Spot clean fingerprints and other !Darks :Cram woodwork,., walls,
doorG, and glass partitions, and the inside surfaces of exterior
windows.
Spot clean walls, doors, door frames, and counters.
Vaouum all carpeted surfaces. Spot vacuum traffic lanes, Qto.
.
...' .
spot clean spills or other spots on all upholstered furniture,
carpets I and mats beneath desks and "walk-Off" mats, using a
District approved method.
Empty and replace liners in all wastebaskets and carry
specified containers at each site.' Material in
containers shall be collected separately and placed
specificallY for recyclad paper~
trash to
recycling
in a bin
Leave all lights off (except designated night light~ or those in
areas being used by employees or the public).
Dust, with feather duster or treated dust cloth where necessary,
all horizontal surfaces (below the eyes and above the knees) of
Office furniture (as much as can be done without disturbing 'papers
on desks), partitions, ledges, windowsillS, and counters.
Disinfect all kitchen and coffee bar sinks and counters' and
adjacent walls and cabinets.
Report burned out light bulbs, grc.ffi ti , and other abnormal
situations to the Building Manager.
Clean and disinfect surfaces of exercise equipment which comes in
contact with the use~ of tile equipment (l.e., handgrips, pedals,
seats, and backrests, Qtc.).
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WeeklY:
clean and polish metal cnairs, of rice equipment, and wooden
furniture-
wipe down plastic and leather furniture.
Thoroughly vacuum and spot clean upholstered furniture.
clean and disinfect handsets of phones.
.Clean and wipe down all wastebaskets (Interior and exterior) and
interior trash cans.
Monthlv:
Perform high dusting (i.Q., door sashes, tops of partitions, high
cabinets, ledges, vents, and hanging light fixtures). Cobwebs are
to ,be removed to the extent that they can be removed with an
extendable pole and only to the extent that special equipment
(i.e., mechanical lifts) is not required-
Clean exterior of air duct receptacles.
Ouarterlv:
Clean and polish all interior metal fixtures and surfaces,
including door push and kick plates and pulls.
Semi-annually:
.... Thoroughly clean venetian and vertical blinds.
Vacuum all fabric window coverings (drapes, shades, etc.).
Annuallv;
Vacuum and dust all fabric walls and partitions.
Remove and clean back side of air duct recQptacla grilles to remove
dust/dirt..
Restrooms and Showers
Daily:
Clean and disinfect restroom fixtures, toilets, urinals and basins,
plumbing, :mirrors, decorative and protectivQ mGtals, including
undersides and tops of toilet seats using a disinfectant cleaner.
wash woodwork, ceramic tile, and :rormica sur:Caces and remove splash
marks from walls, urinals, and toilet partitions.
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Spot clean and dust walls, partitions, splashplates,
doors, an~ related structures.
I
windowsills, f
Clean, refill, and restock soap, towels, toilet tissue, seat
covers, and sanitary napkin/tampon dispensers. These dispensers
shall be restocked with sufficient supplies to last until the next
servicing. Disi?fect dispensers.
Empty and wipe down waste and sanitary containers, dispose of
contents, replace liners.
Clean entrance doors, remove hanaprints from push plates and
sanitize.
Wash/scrub and disinfect all showers with approved non-toxic
germicidal disintectant cleaner.
Report burned out light bulbs, graffiti, and any other abnormal
situations ~o the Building Manager.
Monthly:
Clean exterior of air duct receptacles.
Annually;
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Remove air duct grilles and wipe back side of grille clean to
remove dust/dirt.
Remove all scale using approved non-abrasive material using a light
phosphoric acid Cleaner/disinfectant.
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EXHIBIT D
BUILDING ATTENDANT
THE POSITION,
Under general supervision, oversees the proper use of a community recreational facility; performs a
variety of custodial tasks; and assists the public and staff in their use of the facility.
EXAMPLES OF DUTIES, ,
. Opens and closes facilities as scheduled for use.
. Sets up furniture or equipment for activities scheduled and sees that it is in proper condition and is
replaced after use.
. Monitors activities offacility users for appropriate and safe conduct.
. Cleans up after facility users and sets up for subsequent activities.
. Sweeps and mops floors as required.
. Keeps restrooms and kitchen clean and well stocked with paper towels, tissues, etc.
. Empties garbage throughout the facility as necessary.
. Makes written reports of damage to equipment or facility.
. Secures the facility upon leaving.
. Other duties as assigned.
OUALIFICA TIONS
Education and Experience
. Completion of grade 10 or above; must be 16 years or older.
. Some experience in heavy cleaning or custodial work.
Knowled~e and Abilities
. Ability to do heavy physical work including the lifting and moving of tables and chairs.
. Ability to follow written and oral instructions
. Ability to deal effectively and courteously with the public.
. Must be available to work nights, weekends and holidays.
Licenses and Certificates
. Certification in Standard First Aid and CPR is desirable.
).!J
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