HomeMy WebLinkAboutReso 123-95 DUSD/GymUseRESOLUTION NO. 123 - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT
WITH DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES (GYMNASIUM)
WHEREAS, 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; and
WHEREAS, City identified a need for additional gymnasium space in the City for community
recreational purposes; and
WHEREAS, District's preliminary master plan for Valley High School includes a
gymnasium/multi-purpose room; and
WHEREAS, a Task Force of City, District and community representatives identified the
expansion of the proposed Valley High School gymnasium/multi-purpose room as the preferred means of
providing the needed gymnasium space; and
WHEREAS, the City Council of the City of Dublin and the Board of Trustees of the Dublin
Unified School District desire to jointly develop, construct and maintain improvements for a gymnasium
at Valley High School; and
WHEREAS, it is necessary to establish site specific duties and obligations for the improvements.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby find that:
1. 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 241h day of October, 1995,
AYES:
Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston
N OE S: Non e
ABSENT: None
ABSTAIN: None
Mayor
AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING JOINT USE OF SCHOOL FACILITIES (GYMNASIUM)
AND AMENDING SEPTEMBER ~5, 1~89
JOINT USE AGREEMENT
This Agreement (entitled "Agreement Between City of Dublin and Dublin Unified School
......... Joint
between the City of Dublin, a municipal corporation C'City") and the Dublin Unified School District, a
subdivision of the State C'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 Task Force of City, District and community representatives identified the expansion of the
proposed Valley High School gymnasium/multi-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
gymnasium/multi-purpose room so that it can function as a community gymnasium 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. Descriptionof Gym
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 bleather 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,
EXHIBIT A
toilet and workroom for Valley High - 1585 SF; E) kitchen/concession - 175 SF; F) lobby - 850 SF;
G) toilets/dressing areas - 580 SF; H)janitor/mechanical/electrical areas - 310 SF; I) storage - 780 SF;
and s) 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 Operating 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
exterior surface maintenance; maintenance of electrical, plumbing and mechanical systems; roof
maintenance; floor maintenance; and similar maintenance necessary to keep a gymnasium 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 1B, lc, 1D, IF, 1H, and 1J) 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 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.
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 during 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 summer).
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
community use during the times that City has exclusive use of the gym, at no cost to District. At a
minimum, 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.
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 amount 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 insured 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 costsof suit) arising as a result of the District' s use of the gym pursuant
to this Agreement. This 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 defend, 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
this 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 Al: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 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.
DISTRICT shall submit to CITY a schedule of hours and days during 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
assme responsibility for the following:
Supervision.
1) Supervision of persons using the pool;
2) Equipment necessary for the swim team's use including towels, sulks and other
equipment;
3) Swim instructors, lifeguards and swim coaches necessary to carry out the program
meeting the specified minimum criteria set forth in the Health and Safety Code of
the State of Califomia. If qualified DISTRICT 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 uncovering it while in use;
b. DISTRICT shall be responsible for pool's supervision at all times when the Swim Center
is in use by DISTRICT and shall reimburse the 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."
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.
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8. Term of Agreement and Termination
a. This Agreement shall terminate 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 Agreements
The parties agree to cooperate in the execution of any additional documents 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 Agreement
This Agreement shall be construed and enforced pursuant to the laws of the State of California.
The foregoing Recitals are hue and correct and are made a part hereof.
13. Notices
Whenever notice is required hereunder, it shall be given to the parties as follows:
To: City To:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
14. Entire Agreement
District
District Superintendent
Dublin Unified School District
7471 Larkdale Avenue
Dublin, CA 94568
This document embodies the entire terms and conditions of the Agreement described herein.
This Agreement may be executed in two counterparts, each of which shall constitute an original.
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15. Effective Date
The effective date of the Agreement shall be October __~ 1995, provided that paragraph 7
shall not be effective until the month of February following commencement of construction of the gym.
Dated:
ATT ~:
Approved as to form:
City Attorney
Dated:
CITY OF DUBLIN
By: ~ayo~r ~L Ma
DUBLIN UNIFIED SCHOOL DISTRICT
By:
President, Board of Trustees
ATTEST:
Clerk of Board
Approved as to form:
District Counsel
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CUSTODIAL SERVICES
EXHIBIT A
Rqu.tine Ploor Care
Daily:
sweep and damp mop all restroom, locker, and shower floors using an
approved non-toxic germicidal disinfectant clearer and clean water.
Remove all spills, sticky areas, gum, etc.
Mop linoleum/vinyl and. woof floors to remove dust, dirt, and
~pills; spray buff finish a~ necessary to maintain an acceptable
surface condition. If facility is in use, dust mopping with a
chemically-treated dust mop shall be performed in lieu of damp
mopping.
Mop hardwood floors with treated dust mop~ ~pot mop all spills
us/ng neutral (pH 7 or 8) cleaner.
Weekly:
Machine buff all floors, staircases, and landings to a high sheen.
Damp mop hardwood ~lQors using an neutral cleaner whcn needed.
B~-w~ly (Every two weeks): .
Clean tile grout with approved cleaner as needed.
Scrub vinyl, linoleum, and tile floors to remove scurf marks or
other marks that have not been removed by normal mopping.
Pour wa~er in all floor drains-
Ann~a].]v:
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.
EO' d I S99E£8 Ol SqOOHDS(IB I d I N~]N I 'lSFlg WO~]~ Wc]~q: E I SGG I-61-81
O_~oes,..Common.Areas., Kitchens
~ Qther Mi~cellaneo.us..R_o_o. ms and Facilities
U~erm should leave the facility in the condition they found it.
Kitchen appliances and stainless steel should be polished to
restore original finish. Clean interior of stoves, refrigerators,
microwaves if needed. This item shall include heavy scrubbing Of
applianoe~ to remove built up material.
Daily:
Mop floors with treated dust mop; spot mop ~11 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 Glean fingerprints and other marks from woodwork, walls,
doors, and glass partitions, and th~ inside surfaces of exterior
windows.
spot clean walls, doors, door frames, and counters.
Vacuum all carpsted surfaces. Spot vacuum traffic lanes, etc.
Spot clean spills or other spots on all upholstered furniture,
carpets, and mats benea=~ desks and "walk-off" mats, using a
Distriot approved method.
Empty and replace liners in all wastebaskets and carry trash to
specified containers at each site. Material in recycling
containers shall bc ~otlected separately and placed in a bin
specifically for recycled paper.
Leave all lights off (except designated night lights 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 d~s~s), partitions, ledges, windowsills, and counters.
Disinfect all kitchen and coffee bar sinks and counters and
adjacent walls and cabinets.
Report burned out light bulbs, grafflti, and other abnormal
situations to the Building Manager.
clean and disinfect surfaces of exercise equipment which comes in
oontact with the user of the equipment (i.e.,' handgrips, pedals,
seats, and backrests,
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Weekly:
Clean and polish metal chairs, office equipment, and wooden
furniture.
Wipe down plastic and leather furniture.
Thoroughly vacuum and spot Glean upholster~d furniture.
Clean and disinfect handsets of phones. ..
.clean and wipe down all wasteba~et~ (interior and exterior) and
interior trash can~.
Mqnthi~:
Perform high dusting (i.e., 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.
9u~rterly:
Clean and polish all interior metal fixtures and surfaces,
including door push and kick plates and pulls.
Semi-anna.ally:
· ...Thoroughly clean venetian and vertical blinds.
Vacuum all fabric window coverings (drapes, shades, etc.).
Annually:
Vacuum and dust all fabric walls and partitions.
Remove and clean back side of air duct receptacle grillesto remove
dust/dirt.
Restrooms..._an~ Showers
Clean and disinfect restroom fixtures, toilets, urinals and basins,
plumbing, mirrors, decorative and protective metals, including
undersides and tops of toilet seats using a disinfectant cleaner.
wash woodwork, ceramic tile, and formica surfaces and remove splash
marks from walls, urinals, and toilet partitions.
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SO"d
SpOt clean and dust walls, partitions, splashplates, windowsills,
doors, and related structures-
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. Disinfect dispensers.
E~mpty and wipe down waste and sanitary containers, dispose of
contents, replace liners.
clean entrance doors, remove handprints from push plates and
sanitize.
Wash/scrub and disinfect all showers with approved non-toxic
g~rmiGidal disinfectant cleaner.
Report burned out light bulbs, graffiti, and any other abnormal
situations to the Building Manager.
Monthly:
Clean exterior of air duct receptacles.
Remove air duct grilles and wipe back side of grille clean to
remove dust/dirt.
Remove all scale using approvod non-abrasive material using a light
phosphoric acid cleaner/disinfectant.
S0' d I S99££8 S300HDSa3 ! ~ I NON 138fia WOM~ WdgS: E I S661 -L I -01
EXHIBIT B
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.
F, XAMPLES 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 of facility 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.
QUALIFICATIONS
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.'
1 ,icenses and Certificates
· Certification in Standard First Aid and CPR is desirable.
9/28/87