HomeMy WebLinkAboutReso 110-89 DUSD Facilities RESOLUTION NO. 110 -89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
A RESOLUTION APPROVING AND AUTHORIZING
EXCECUTION OF AGREEMENT WITH
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
WHEREAS, the City Council of the City of Dublin and the
Board of Directors of the Dublin Unified School District desire
to establish a basis for cooperati~ve use of their respective
recreational and educational facilities located within the City;
and
WHEREAS, it is in the public interest that recreational and
educational facilities of public agencies be put to the fullest
possible use; and
WHEREAS, it is desirable to enter into an agreement with the
Dublin Unified School District for the joint use of recreational
and educational facilities.
NOW THEREFORE, BE IT RESOLVED THAT THE City Council of the
City of Dublin 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 25 th day of Sept. , 1989 .
AYES:
NOES:
Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and
Mayor Moffatt
None
ABSENT:
ATTEST:
None
AGREEMENT BETWEEN CITY OF DUBLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
THIS AGREEMENT, made and entered into this day of
, 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, through its' Recreation Department, and
the DISTRICT are mutually interested in providing an adequate
program of community recreation under the sponso~ship of 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 which
are suitable for community recreational activities. The school
facilities 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".
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 season, Fall season and Winter/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.
In scheduling joint use facilities, the following
uses will be given priority in descending order:
1) DISTRICT instructional and related
activity programs.
2)
3)
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.
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.
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.
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.
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.
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.
Use scheduled by groups under paragraph 1(b)(2)-
(5) shall require public liability insurance in an
amount and form acceptable to and approved by
CITY.
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DISTRICT shall bill the cost of repairing vandalism or
damage that is the result of a scheduled activity to the
responsible organization.
2. USE OF CITY PROPERTY. 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. 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".
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 q~rterly basis
to coincide with Summer program season, Fall
season, Winter 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.
There will 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. 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.
DISTRICT shall be responsible for any damage to
CITY Property other than general wear and tear
which may result from any DISTRICT sponsored
activity being conducted by DISTRICT on CITY
Property.
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.
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 SWIM CENTER. 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 uponby 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 and 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 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 Swim Center is used by DISTRICT,
DISTRICT agrees to assume responsibility for the following:
Supervision.
1) Supervision of persons using the pool;
2) Equipment necessary for the swim team's use
including towels, suits and other equipment;
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b ®
3) Qualified swim instructors, life guards and
other necessary personnel to carry out the
program;
4) Covering the pool while not in use and
uncovering it while in use;
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. IMPROVEMENTS TO DISTRICT PROPERTY. CITY may install
sprinkler systems, turfing, playground equipment,..,fencing, 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 between 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:
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.
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 constructed or placed
on joint use facilities shall be available to DISTRICT to use for
school purposes during such time as the property is not being
used by CITY.
5. INDEMNIFICATION. 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 Agreement 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. IlD-
· -4- ~~
This Agreement shall remain in full force and effect so long
as CITY and DISTRICT shall maintain and operate facilities
capable of joint use; provided, however, 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.
ATTEST:
CITY OF DUBLIN,
a municipal corporation
By By
City Clerk Mayor
ATTEST:
By
Clerk of Board
DUBLIN UNIFIED SCHOOL DISTRICT
By
President, Board of
Trustees
EXHIBIT
A
DUBLIN 'HIGH
Gymnasium
Saturday
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Tennis
SCHOOL
September-October
November-March
April-July
August
September-July
August
September-October
November-March
April-May
June-July
August
September-May
June-July
August
Same as Monday
Same as Tuesday
September-December
January-March
April-May
June-July
August
Courts/Athletic Fields
September-June
July-August
Building E
Daily at least two classrooms
Las Positas College.
FREDERIKSEN SCHOOL
Multi-Purpose Room
September-June
after
July-August
7:00am-ll:0Opm
12Noon-ll:0Opm
7:00am-ll:OOpm
Closed-Maintenance
7:00am-ll:OOpm
Closed-Maintenance
5:00-7:00pm
Not Available
5:00-7:00pm
7:00am-12Noon
Closed-Maintenance
Not Available
7:00am-12Noon
7:00-11:OOpm
Closed-Maintenance
6:30-11:O0pm
Varies according
Schedule
7:00-11:OOpm
7:00am-12Noon
6:00-11:OOpm
Closed-Maintenance
to BB Game
Varies according to inter-
scholastic sports schedule
7:00am-Dusk
3:00pm, unless scheduled by
Monday-Friday/3:OO-11:OOpm
Saturday-Sunday/7:OOam-ll:OOpm
Daily/7:OOam-ll:OOpm
EXHIBIT A
Page Two
Athletic Fields
September-June
Kindergarten
July-August
Tot Lot
September-June
MURRAY SCHOOL
Multi-Purpose
July-August
Room
September-June
Athletic
July-August
Fields
September-June
Classroom #6
NIELSEN SCHOOL
Multi-Purpose
July-August
September-June
Room
September-June
Athletic
July-August
Fields
September-June
Portable #2
WELLS SCHOOLS
Multi-Purpose
July-August
September-June
Room
September-June
July-August
Monday-Friday/3:OOpm-Dusk
Saturday-Sunday/7:OOam-Dusk
Daily/7:OOam-Dusk
Monday-Friday/3:0Opm-Dusk
Saturday-Sunday/7:OOam-Dusk
Daily/7:OOam-Dusk
Monday-Friday/3:OO-11:OOpm
Saturday-Sunday/7:0Oam-ll:OOpm
Daily/7:00am-ll:00pm
Monday-Friday/3:OOpm-Dusk
Saturday-Sunday/7:OOam-Dusk
Daily/7:OOam-Dusk
2:00-5:00pm
Monday-Friday/3:OO-11:O0pm
Saturday-Sunday/7:0Oam-ll:OOpm
Daily/7:OOam-ll:OOpm
Monday-Friday/3:OOpm-Dusk
Saturday-Sunday/7:OOam-Dusk
Daily/7:OOam-Dusk
2:00-5:00pm
Monday-Friday/3:OOpm-ll:OOpm
Saturday-Sunday/7:OOam-ll:OOpm
Daily/7:O0am-ll:00pm
EXHIBIT A
Page Three
WELLS SCHOOLS
Athletic Fields
September-June
July-August
Monday-Friday/3:O0pm-Dusk
Saturday-Sunday/7:OOam-Dusk
Daily/7:O0am-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.
3.
4.
5.
10.
11.
Project
EXHIBIT B
DHS Football Field Renovation to include
all weather track and new press box
DHS Girls Athletic Fields
DHS Baseball Fields
DHS Tennis Court Renovation
DHS Outdoor Lighting (to be done in
conjunction with projects 1-4)
C.H. Frederiksen Kindergarten Tot Lot
Nielsen Athletic Field Renovation, Play
Area Renovation and Outdoor Lighting
Wells-Cronin Athletic Field Renovation
and Outdoor Lighting
C.H. Frederiksen Athletic Field Renovation
and Outdoor Lighting
Murray School Athletic Field Renovation
and Outdoor Lighting
Dublin Elementary Athletic Field Renovation,
Mini-Park and Outdoor Lighting
Cost Estimate
$673,900
$186,370
$270,980
$ 65,500
$ 20,000
$ 33,980
$310,450
$277,100
$ 68,600
$325,970
$795,680
April 1989