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HomeMy WebLinkAboutReso 040-88 DSRSD AmendSwimCntr RESOLUTION NO. 40 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION RESCINDING RESOLUTION 33-88 AND APPROVING AN AMENDED AGREEMENT WITH THE DUBLIN SAN RAMON SERVICES DISTRICT FOR USE OF THE VALLEY COMMUNITY SWIM CENTER i WHEREAS, on March 1, 1988 the City Council of the City of Dublin adopted Resolution 33-88 approving and authorizing execution of an agreement with the Dublin San Ramon Services DiS rict for use of the Valley Community Swim Center; and WHEREAS, subsequent to that date the Board of Directors of the Dublin San Ramon Services District requested additional information be included in the agreement; and WHEREAS, the addition of this information to the agreement has been reviewed and continues to represent the intent of the City. NOW THEREFORE, BE IT RESOLVED that the City Council of the Cit[ of Dublin does hereby rescind Resolution 33-88: . BE IT FURTHER RESOLVED, that the City Council of the City of Dublin does hereby find that: The agreement attached hereto in Exhibit A is hereby approved and ratified and the Mayor is authorized and directed to sign it. IPASSED, APPROVED AND ADOPTED this 14 th day of March 1~88 . - ~,~ AYES: Vonheeder NOES: None Councilmembers Hegarty, Moffatt & Mayor Pro Tempore ABSENT Councilmember AT..~EST: AGREEMEN T THIS AGREEMENT, made and entered into thls ; ---' day of /~"'Y/~A?,~(",f't l~eS, by and between the City of Dublin, Alameda County, State of California, hereinafter referred to as CITY, and the DUBLIN SAN RAMON SERVICES DISTRICT, a public district of the State of California, hereinafter referred to as DISTRICT, WITNESSETH: WHEREAS, Chapter 5, Division 7, Title i of the Government Code of the State of California authorizes two or more agencies by agreement entered into respectively by them and authorized by their legislative bodies to jointly exercise any power or powers common to the several contracting parties; and WHEREAS, the CITY and the DISTRICT desire to enter into an Agreement to jointly exercise the powers with respect to community recreation pro- grams at the VALLEY COMMUNITY SWIM CENTER POOL located at Dublin High School in the City of Dublin; NOW, THEREFORE, in consideration of the premises and the mutual cove- nants herein contained, it is mutually agreed by and between the parties hereto as follows: 1. POOL AND POOL FACILITIES The DISTRICT shall make available to the CITY for community rec- reational purposes the swimming pool and other related improvements at Dublin High School, 8151 Village Parkway, Dublin, California. The DISTRICT has consEructed upon ~his property, at its own expense, one swimming pool, a solar heating system, a filtering plant and o~her improvements and buildings which shall be necessary for ~he effi- cient operation of the swimming pool located at Dublin High School; these improvements meet all current building and architectural conditions and health standards. 2. SCHEDULING AND CONTROL OF POOL AND POOL FACILITIES A. SCHEDULING The CITY will schedule the pool and facilities as provided for in Agreement dated Oanuary l~, 1~88. The CITY shall have exclusive use of the pool from ~arch 1, 1~88, through 3une 30, 1~88. CITY shall assume full control and superYision responsibility during the days so designated in this paragraph. B. REVENUE FROM RENTALS AND PROGRANS During the period put aside for CITY use, the CITY shall levy, collect and retain all revenues received from rental of the facil- ity to swimming clubs and associations, public schools under the juris- diction of a public school district, and private organizations and enter- prises. C. CHARGE FOR USE OF FACILITIES (1) The swimming pool and facilities shall be available to the CITY for a base budget of $27,000 for the period of use described in Paragraph 2A above. The base budget estimate represents DISTRICT's best projection of costs, and no warranty is made as to its accuracy. (2) DISTRICT shall pay all base costs related to mainte- nance staff personnel costs, equipment maintenance costs, building and grounds costs, water, operating supplies and chemicals, and vehicle ex- penses. DISTRICT will waive the standard 15% administrative charge on billings. (3) CITY shall be responsible for payment of all gas and electric utilities during the agreed period and shall monitor said costs on a continuing basis to keep utility costs under strict control. The projected cost for gas and electricity is shown on Attachment A. (4) During the agreed period CITY shall also be responsi- ble for all maintenance staff overtime and a fixed monthly charge for equipment replacement costs. (5) CITY shall be responsible for all repair costs due to negligence on its part to protect DISTRICT property from abuse or vandal- ism. (6) DISTRICT will invoice CITY monthly, in advance, on the lOth of the month, in accordance with the billing and payment schedule indicated in Attachment A, and CITY will remit payment, as indicated, within twenty (20) days of the end of the month. (7) Unless notification by CITY is made in writing to can- cel ~his Agreement in accordance with paragraph ll, all costs incurred shall be the responsibility of CITY. D. RESPONSIBILITY FOR SUPERVISION At all times when the area and facilities are used by CITY: (1) CITY shall be responsible for supervision and control. (2) CITY shall supply any special equipment necessary for teaching and carrying out ~he program, and also provide any towels, suits or personal equipment for CITY or o~her program personnel. (3) CITY shall provide qualified swimming instructors, lifeguards, attendants and/or other necessary personnel needed to carry out the school program. The salaries and other ex- penses of such personnel shall be borne by CITY. (4) CITY will provide and maintain adequate security to guard the premises from ~arch 1, 1~88 through ~ay 31, 1~88. (5) CITY shall be responsible for insuring that the pool is completely uncovered at all times during use. CITY shall be responsible for covering and uncovering the pool. E. RESPONSIBILITY FOR DAMAGED INSTALLATION CITY shall be responsible for the pool's supervision at all times when ~he area and facilities are in use by the CITY and shall re- imburse the DISTRICT for any damages to the pool or other structures or installations caused by the CITY as a result of negligence, other ~han damage by fire, acts of God or ordinary wear and tear. F. USE OF ADDITIONAL BATHHOUSE FACILITIES The DISTRICT shall make available for use by the CITY and its tenants the bathhouse facility which is owned by the DISTRICT. The CITY shall provide all maintenance and custodial services for use of this facility. -4- MAINTENANCE, OPERATIONS AND SUPPLIES A. DISTRICT shall be responsible for the maintenance, opera- tions and furnishing of supplies for the pool, immediate grounds, and any of Jqer related structures or installations, except that CITY shall provide for a telephone at the pool for emergency use and provide maintenance and custodial services for bathhouse facilities. Specific responsibilities are as stated in Paragraph 3C. B. All records for the purpose of determining the total cost for maintenance and operations shalt be kept in accordance with accept- able accounting procedures. Such records shall be available for inspec- tion by the CITY at any reasonable time. It shall be the CITY's respon- sibility to monitor all costs and exercise cost control to assure compli- ance with their budgetary restrictions. C. Expenditures for repair or replacement of pool facilities other than the expenses for which CITY is responsible under Paragraph 5B. shall be the responsibilities of the DISTRICT. 4. DEFINITIONS For the purpose of Paragraph 3 above, the following definitions will apply: A. OPERATIONS The term "Operations" shall mean all expenses in connection with the use of physical plant, such as cleaning, disinfecting, heating, lighting, water and similar items which are regularly incurred daily, weekly or monthly. Such expenses shall include the salaries and other compensation for necessary custodian and maintenance personnel's time. B. MAINTENANCE The term "Maintenance" shall mean expenditures for repairs or replacement of the equipment, swimming pool(s), solar heating struc- tures, other related facilities or installations which include heating (both conventional and solar), ventilating and filtering plants; repair of windows, shades, hardware, plumbing, and other minor' emergency repairs of a similar nature. C. SUPPLIES The term "Supplies" shall mean such expenditures in connec- tion with the use of the physical plant as brooms, mops, lubricating oils, light bulbs, towels, toilet paper, soap, swimming pool chlorine and neutralizing alkaline, and similar custodian's supplies or items. 5. POOL CLOSING A. The determination of the times that it may be necessary to close the pool or other facilities in the interest of public health and safety or pursuant to governmental order or mandate or for repairs and maintenance shall be made by the DISTRICT, with notice given to the CITY as far in advance of such closing as is practical. The DISTRICT shall, if at all feasible, coordinate the closing of the pool with the CITY so as not to interfere with the use of the school buildings or grounds for school purposes or interfere with the regular conduct of the school pro- gram. 6. FIRE INSURANCE The DISTRICT shall provide adequate fire insurance on the pool and related buildings or installations. -6- INDEmNIFICATION/INSURANCE A. CITY CITY shall defend, indemnify and hold harmless DISTRICT, its Board of Directors, officers, employees and agents against and from any and all claims for, and liability from, damages to property, includ- ing loss of use thereof, or injuries to persons, including loss of life, and any and all costs and expenses (including attorneys' fees) associated therewith, arising out of any act or omission to act by CITY in the oper- ation of the swimming pool and facilities hereunder, the conduct of any program in connection therewith, or otherwise arising out of the use and possession of said pool and facilities hereunder by CITY or its assigns or successors. CITY shall take out and maintain during the term hereof a policy or policies of insurance, or provide a program of self-insurance, in an amount or amounts acceptable to DISTRICT, to provide coverage of DISTRICT for the foregoing purposes; provided, however, that such insurance or self-insurance shall not be deemed a limitation upon CITY's obligation to defend, indemnify and hold harmless DISTRICT as hereinabove specified. Such insurance shall be primary. CITY shall furnish to DISTRICT evidence of such insurance, naming DISTRICT as a named or additional insured, prior to commencing CITY's operations hereunder. B. DISTRICT DISTRICT shall defend, indemnify and hold harmless CITY, its City Council, officers, employees and agents against and from any and all claims for, and liability from, damages to property, including loss -7- of use ~hereof, or injuries to persons, including loss of life, and any and all costs and expenses (including attorneys' fees) associated there- with, arising out of any act or omission to act by DISTRICT in the per- formance of the maintenance and operations functions retained by DISTRICT hereunder. DISTRICT shall take out and maintain during the term hereof a policy or policies of insurance, or provide a program of selfinsurance, in an amount or amounts acceptable to CITY to provide coverage for the foregoing purposes; provided, however, that the provision of such insur- ance shall not be deemed a limitation upon DISTRICT's obligations to de- fend, indemnify and hold harmless CITY as specified above. DISTRICT shall furnish evidence of such insurance to CITY. 8. MODIFICATION This Agreement may be modified by mutual consent of the City Council of the City of Dublin and the Board of Directors of the DUBLIN SAN RAMON SERVICES DISTRICT. 9. TERM OF AGREEMENT The term of this Agreement shall be for a period of ~arch 1, 1~88 through ~ay 31, 1988. lO. CANCELLATION This Agreement may be cancelled by mutual consent of both par- ties after each party has held a public hearing thereon. Unless other- wise agreed upon, the CITY shall pay to the DISTRICT all costs expended to the date of cancellation. The date of cancellation shall be ten days after the affirmative vote of the last party to act. -8- 11. ASSIGNMENT DISTRICT agrees that CITY may assign all or part of its obliga- tions and responsibilities hereunder to AMADOR VALLEY JOINT UNION HIGH SCHOOL DISTRICT. CITY OF DUBLIN DUBLIN SAN RAMON SERVICES DISTRICT G~orgean Vor~aeeder, Mayor Pro Tempore Joseph Covello, President Date: Date: 2965R -9- ATTACHMENT A to Valley Community Swim Center Pool Agreement BUDGET ESTIMATE OF OPERATIONS VALLEY COMMUNITY SWIM CENTER March 1, 1988 throu~ May 31, 1988 ACCOUNT NUMBER ACCOUNT TITLE ESTIMATED BASE COST .411 Staff salaries-base * .412 Staff salaries-overtime ** .421 Operating supplies *** .424 Gas(1) $18,000.00 E1 ectr icity (1) 7,200.00 .425 Automotive *** .426 Equipment maintenance(2) 1,800.00 .427 Buildings & grounds *** .428 Water *** TOTAL: $27,000.00 (3) * DISTRICT absorbs full cost of base staff salaries ** Will be a cost if maintenance cannot be scheduled during regular work week due to CITY's full use of pool *** DISTRICT absorbs full cost (1) See Attachment A, Page 2 (2) Represents fixed monthly charge for replacement/major repair (3) See Attachment A, Page 3 Page i of 3 // Month ATTACHMENT A to Valley Community Swim Center Pool Agreement COST PROJECTIONS 1988 Gas Elec. Equip. Cost cost Cost Total Cost March April May 8,000 2,400 600 6,000 2,400 600 4,000 2,400 600 11,000 9,000 7,000 TOTALS: $18,000 $7,200 $1,800 $27,000 Monthly gas and electric costs are estimated as noted. Page 2 of 3 ATTACHNENT A to Valley Community Swim Center Pool Agreement BILLING & PAYMENT SCHEDULE MONTH AMOUNT INV. DATE DUE DATE Mar. 11,000 Mar. 10 Apr. 20 Apr. 9,000 Apr. 10 May 20 May 7 ~000 May 10 Oune 20 $27,000 Final billing and payment to be adjusted for actual costs on or about Suly 1, 1988. Page 3 of 3