HomeMy WebLinkAboutItem 5.2 RenovDHSBaseball&GirlsField (2)
.. '11 'il
e
e
CITY OF DUBLIN
AGID.TJJA STATEMENT
CITY COUNCIL MEETING DATE: :t~ovember 28, 1994
SUBJECT
:
Written Correspondence from Dublin Unified
School District Concerning Agreement Between
City and District Regarding Use of Facilities
and Agreement Between City and District For
. Renovation of Dublin High School Baseball
Fields and Girls Athletic Fields.
Report by Diane Lowart, Parks and COn~unity
services Director.
EXHIBITS ATTACHED
:
A.~correspondence from Jeanne Howland,
~ssistant superintendent/Business
B.~Agreement Regarding Use of Facilities
C.~Agreement for Renovation of DHS Fields
D.~First Amendment to the Agreement Between
City and District for Renovation of DHS
Baseball Fields and Girls Athletic Fields
RECOMMENDATION ~
0V'\
FINANCIAL STATEMENT :
Direct Staff to arrange for a meeting of the
City/District Liaison Corr~ittee.
None
DESCRIPTION . One of the 1994 Goals adopted by the City
Council and given a high priority was to "update the Agreement between
the City and the Dublin Unified School District regarding use of
facilities". In order to implement this goal, City Staff has met with
representatives from the School District to discuss potential
revisions to the Agreement and, in addition, the Agreement was
discussed at a previous meeting of the City/District Liaison
Coml1Li ttee .
BACKGROUND
In September of 1989 the City of Dublin and the Dublin Unified School
District entered into an Agreement Regarding Use Of Facilities
(Exhibit B). Generally, the Agreement provided for the following:
1. District shall make available to City for community recreation
activities all school property within City limits of the City
which may include classrooms, gymnasiums, multi-purpose rooms
athletic fields, school activity asphalt areas, and similar areas
which are suitable for community recreational activities.
a) City shall be responsible for scheduling the use of joint
use facilities during non-SChool hours.
b) There shall be no charge to the City for use unless such use
requires custodial services or supplies .in addition to those
normally required for District use, or the space is
available for exclusive use of the city.
2. City shall make available to District for school events,
activities or programs all City recreation facilities which are
suitable for said events, activities or programs.
a)
There shall be no charge to the District for use unless such
use requires custodial services or supplies in addition to
those normally required for City use.
~
ITEM NO.~
COPIES TO: Dublin Unified School District ~
o
CITY CLERK
FILE ~
'. f'
e
e
3. City shall make the Dublin Swim Center available to District from
February through May of each year for the purpose of conducting
swim team programs, swimming instruction and other appropriate
aquatic programs as agreed upon by City and District.
a) District agrees to reimburse city in the amount of one-third
of the actual operating cost of Swim Center during the
period of time used by District.
4. City may install sprinkler systems, turfing, playgrounds
equipment, fencing, and additional recreational e9llipment?n
joint use facilities provided such installation lS not ln
conflict with school use and subject to a separate improvement
agreement between City and District.
a) Any permanent improvements or equipment installed or erected
on joint use facilities by City shall remain City property.
As provided for in the aforementioned Agreement, the City and the
District entered into an improvement agreement for the renovation of
the Dublin High School Baseball Fields and Girls Athletic Fields
(Exhibit C) in January of 1991. Although the City actively pursued
completion of this project according to the timeframe identified in
the Agreement, once construction documents were completed, the project
was placed on hold due to the drought and insufficient funding.
The District has subsequently elected to pursue the project using
proceeds from Measure "Bn. In addition, the District has expanded the
scope of the original project resulting in increased costs to the
District over and above the original amount committed by the City.
Thus, the City Attorney has prepared "First Amendment to the Agreement
Between City of Dublin and Dublin Unified School District For
Renovation of the Dublin High School Baseball Field and Girls Athletic
Field (Exhibit D). The purpose of the &uendment is to effectively
terminate the Agreement between the city and the District.
Correspondence has been received from Jeanne Howland, Assistant
Superintendent/Business for the Dublin Unified School District
concerning the aforementioned two Agreements (Exhibit A). As stated,
the Board of Trustees for the District discussed both agreements at
their November 2, 1994 meeting. Although several points of discussion
were raised by the Board, the two points of most concern to City Staff
are as follows:
Agreement Between City and District Regarding Use of Facilities
The District has an interest
programs" the District's
supplies, etc.) associated
other than District groups.
Agreement Between City and District for Renovation of the DHS Baseball
Fields and Girls Athletic Fields
1.
in charging "City or City sponsored
actual direct costs (utilities,
with use of District facilities by
1. The District is interested in discussing with the City ways in
which the financial obligation agreed to in 1991 ($549,500 in
1991 dollars) may be applied toward City/District recreational
needs.
City Staff also has additional concerns with respect to the Agreement
Between City and District Regarding Use of Facilities. Of foremost
concern to Staff is the City's role in the scheduling of school
facilities. Under the terms of the Agreement, the City is responsible
for scheduling the use of school facilities during non-school hours. ·
However, once a permit is ,approved by the City, the City has little
control over individual schools overriding a previously approved
permit and displacing a City program or community group with little or
no notice. This action reflects poorly on the City and has created
numerous " problems wi th select communi ty groups.
It is the recommendation of Staff that a meeting be arranged between
the City/District Liaison Committee to further discuss the agreements
prior to taking any action on the comments raised by the Board.
"
'DUBLIN SCI-tOOLS
DUBLIN UNIFIED SCHOOL DISTRICT
Board of Trustees
Eileen Barr
(510) 828-8978
Cynthia Cobb-Adams
(510) 828-7177
Patricia Meyer
(510) 833-8662
James W. Patterson
(510) 829-2079
Elizabeth F. Schmitt
(510) 828-3892
Superintendent
Vince Anaclerio, Ed. D.
District Office
7471 Larkdale Ave.
Dublin, CA 94568-1599
(510) 828-2551
FAX (510) 828-1364
High Schools
DUBLIN HIGH
8151 Village Parkway
Dublin, CA 94568-1699
(510) 833-3313
VALLEY HIGH
690 1 York Drive
Dublin, CA 94568-2199
(510) 829-4322
Middle Schools
WELLS MIDDLE SCHOOL
6800 Penn Drive
Dublin, CA 94568-2199
(510) 828-6227
Elementary Schools
FREDERIKSEN ELEMENTARY
7243 Tamarack Drive
Dublin, CA 94568-1700
(510) 828-1037
MURRAY ELEMENTARY
8435 Davona Drive
Dublin, CA 94568-1107
(510) 828-2568
NIELSEN ELEMENTARY
7500 Amarillo Rood
Dublin, CA 94568-2298
(510) 828-2030
EQUAL OPPORTUNITY
EMPlOYER
November 7, 1994
~~CE'\lED
, "j -g 199+
Diane Lowart, Recreation Director
City of Dublin
P.o. Box 2340
Dublin, CA 94568
Re: City/District Agreements
Dear Diane:
On November 2, 1994 at their regularly scheduled Board
meeting the Board of Trustees of the Dublin Unified
School District discussed both agreements that you sent
to me under your cover memo of September 12, 1994.
Aqreement Between City/District Regarding Use of
Facilities
Two points of discussion were raised:
1. USE OF SCHOOL DISTRICT PROPERTY
The word "classroom" should be deleted to conform
with existing practice. The District (individual
school sites) currently schedule classroom
availability and use.
lc. The District has an interest in charging "City or
City sponsored programs" the District's actual
direct costs (utilities, supplies, etc.) associated
with use of District facilities by other than
District groups.
Aqreement Between City and District for Renovation of the
DHS Baseball Fields and Girls Athletic Fields
Two points of discussion were raised:
1. The term "Girls Athletic Field" should be changed
to "Softball Field".
EXHIBIT A
"
e
e
~~< .
2. The District understands that the City currently
does not have the monies ($549,500 in 1991 dollars)
to fund the obligation agreed to in 1991. However,
the District is interested in discussing with the
City ways in which this agreement may be modified
so that other uses of current City dollars may be
applied toward City/District recreational needs.
Please let me know how you would like to proceed.
Sincerely,
Jeanne Howland
Assistant Superintendent/Business
cc: Board of Trustees
~
e _
AGREEMENT BETWEEN CITY 0 BLIN AND
DUBLIN UNIFIED SCHOOL DISTRICT
REGARDING USE OF FACILITIES
THIS l,GREEt-1ENT, made and entered into this ~day of
OEPr., 1..Jiri, by and between the CITY OF DUBLIN, a municipal
corporation, hereinafter called "CITY" and the DUBLIN UNIFIED
SCHOOL DISTRICT, hereinafter called "DISTRICT".
HITNESSETH
WHEREAS, the CITY, through its I Recreation Department, and
the DISTRICT are mutually interested in providing an adequate
pro g ram 0 f com m u nit y r e ere a t ion un d e r. the s p 0 n s OJ; s hip 0 f the
CITY: and
WHEREAS, Education Code Section 10900 et. seq. of the State
of California authorizes and empowers cities and school districts
to organize, promote and conduct programs of community recreation
which will contribute to the attainment of general recreational
and educational objectives for children and adults of this State,
and to enter into agreements with each other for such purpose;
and
WHEREAS, in the interest of providing the best service with
the least possible expenditure of public funds, full cooperation
between CITY and DISTRICT is both necessary and desirable.
NOW, THEREFORE, in consideration of the promises herein CITY
AND DISTRICT agree as follows:
1. USE OF SCHOOL DISTRICT PROPERTY. DISTRICT shall make
available to CITY for community recreation activities all school
property within the City limits of the City of Dublin which may
include classrooms, gymnasiums, multi-purpose rooms, athletic
fields, school activity asphalt areas, and similar areas \yhich
are suitable for community recreational activities. The school
facilit~es listed on Exhibit A shall be available to CITY at the
times stated on Exhibit A on an on-going basis. Additional
property or facilities or different periods of use, provided the
total hours on Exhibit A is the minimum number of hours of use,
may be selected by the Recreation Director of CITY (hereinafter
called "Director") or designated representative subject to the
written approval of the Assistant Superintendent of DISTRICT.
The facilities listed on Exhibit A and any property or facilities
selected by CITY and approved by DISTRICT, shall be referred to
as "joint use facilities".
a. CITY shall use joint use facilities at such time
and in such a manner so as not to interfere with
their use for regularly scheduled school purposes.
CITY shall be responsible for scheduling the use
of joint use facilities during non-school hours.
All requests for use of joint use facilities by
CITY, DISTRICT or other community groups shall be
submitted in writing to the CITY in a manner
jointly developed by the Director and Assistant
Superintendent. For the purposes of this
agreement, all non-District use shall be
considered CITY use of the facilities.
Scheduling shall occur to coincide with the Summer
program ~eason, Fall season and ~inter/Spring
seasons but no less than four (4) weeks prior to
need of facility. DISTRICT shall make every
effort possible to avoid cancellation of a CITY
confirmed reservation less than four (4) weeks
prior to the- programmed activity. In cases that
such cancellation cannot be avoided, DISTRICT
shall make every effort to provide an alternate
School area or facility. ~
.
EXHIBIT B
-1-
e
b.
In scheduling joint use facilities, the following
uses will be given prie-y in descending order:
1) DISTRICT instructional and related
activity programs.
2) Events or activities (a) designed to
serve the youth and citizens of the
individual school community which are
planned and directed by school related
groups (PTA, Band Boosters, and
similar groups) and (b) connected
with community recreational programs
sponsored by the City Recreation
Department.
3) Use by community organizations whose
primary purpose is service to youth or
the improvement of the general welfare
of the community (Boy/Girl Scouts,
Youth Athletic League, and similar
organizations).
4) Use by civic and service groups such as
Chamber of Commerce, League of Women
Voters, Rotary, Lions, Kiwanis,
whose purpose, through the use of school
facilities, is to improve the general
welfare of the community and, where
admission is charged, whose net receipts
are expended for welfare of the youth or
other charitable purposes.
5) Use by individuals or groups who are
eligible to rent the facilities for
legitimate purposes in accordance with
the Education Code Section 10901 and
whose net receipts are not expended for
pupil welfare or charitable purposes.
c. There will be no charge to the CITY for use unless
such use requires custodial services or supplies
in addition to those normally required for
DISTRICT use, or the space is available for the
exclusive use of the CITY. If additional
custodial services are required, or the space is
available for the exclusive use of the CITY, the
charge shall be at the rate charged by DISTRICT to
nonprofit organizations.
d. CITY shall be responsible for any damage to joint
use facilities except general wear and tear which
may result from any community recreation activity
being conducted by CITY on joint use facilities.
e. There shall be a CITY or DISTRICT representative
on site whenever the inside of joint use
facilities is being used. If the activity takes
place at a time when DISTRICT representatives are
not normally scheduled to. be on duty, the cost of
providing a CITY or DISTRICT representative shall
be charged by CITY to the responsible
organization.
f. CITY shall notify the DISTRICT if joint use
facilities used by the CITY have been vandalized,
damaged, 'or are in need of repair or present a
safety factor for any user. In the case of
vandalism, the CITY shall notify the Dublin Police
Department of all vandalism as soon as possible.
g.
I
Use scheduler by
(5) shall require
amount and form
CITY.
groups under paragraph l(b)(2)-
public liability insurance in an
acceptable to and approved by
"
-2-
DISTRICT shall bill the
da~ that is the result
re~nsible organization.
cost
of a
of repairing ':andalism
~eduled activity to
or
the
2. USE OF CITY PROPERTY. CITY shall make available to
DISTRICT for School events, activities or progra:::s all CITY
recreation facilities which are suitable for said events,
activities or programs. The facilities shall be selected by the
Assistant Superintendent in writing, subject to the written
approval of the Director, and shall be referred to as "CITY
property".
a. In scheduling CITY Property, CITY sponsored
programs shall have first priority of scheduled
use. School activities shall have second priority.
Such scheduling shall occur on a qU,arterly basis
to coincide with Summer program season, Fall
season, \oJinter season and Spring season but no
less than four (4) weeks prior to need of
facility. CITY shall make every effort possible
to avoid cancellation of a confirmed School
reservation less than four (4) weeks prior to the
programmed activity. In cases that such
cancellation cannot be avoided CITY shall make
every effort to provide an alternative City area
or facility.
b. There will be no charge to the DIS:nCT for use
unless such use requires custodial services or
supplies in addition to those normelly required
for CITY use. In this case, the DISTRICT agrees
upon a written invoice from CITY to reimburse the
CITY it's share of expenses for direct cost of the
operations of such facility.
c.
DISTRICT shall be responsible for any
CITY Property other than general ....ear
which may result from any DISTRICT
activity being conducted by DISTlICT
Property.
damage to
and tear
sponsored
on CITY
d. DISTRICT shall provide qualified personnel for the
activity to supervise DISTRICT activities
conducted on CITY Property. Personnel employed by
DISTRICT shall be supervised by DISTRICT.
e. DISTRICT shall notify CITY if CITY Property used
by the DISTRICT has been vandalized, damaged, is
in need of repairs or presents a safety factor to
any user.
3. USE OF DUBLIN SHIM CENTER. CITY shall make the Dublin
S w i m C e n t era vail a b 1 e t 0 D 1ST R I C T fro m Fe b r u a r y t h r 0 ugh ~I a y 0 f
each year for the purpose of conducting swim team programs,
swimming instruction and other appropriate aquatic programs as
agreed upon by CITY and DISTRICT. DISTRICT agrees to reimburse
CITY in the amount of one-third of the actual operating cost of
Swim Center during the period of time used by DISTRICT.
Operating costs shall be defined to include gas a"d electricity,
water and sewer, chemicals and maintenance.
DISTRICT shall submit to CITY a schedule of hours and days
during which DISTRICT will use facilities. CITY agrees that
DISTRICT may use said facilities during time perio~s and on days
set forth in said schedule, as approved by Crry in writing.
DISTRICT may change days and times of use upon forty-eight (48)
hours advance notice to CITY in writing.
During periods of time the Swim Center is used by DISTRICT,
DISTRICT agrees to assume responsibility for the following:
a.
Supervision~'
1) Supervision of persons using t~e pool;
2) Equipment necessary for the s...im team's use
including towels, suits and ot~er equipment;
..
-3-
e
3)
Qualified swim i~uctors, life guards
other necessary W'onnel to carry out
program;
Covering the pool while not in use
uncovering it while in use;
and
the
and
4 )
b. DISTRICT shall be responsible for pool's
supervision at all times when the Swim Center is
in use by DISTRICT and shall reimburse the CITY
for any damages to the pool or other structures or
installations caused by DISTRICT as a result of
negligence, other than acts of God or ordinary
wear and tear.
4. HIPROVENENTS TO DISTRICT PROPERTY. CITY may install
s p r ink 1 e r s y s t ems, t u r fin g , pIa y g r 0 u n d e qui pm e nt, "f en c i n g, and
additional recreational equipment on joint use facilities
provided such installation is not in conflict with school use and
subject to a separate improvement agreement beo:een CITY and
DISTRICT. Listed on Exhibit B are those joint use facilities
CITY intends to improve, subject to a separate improvement
agreement. Both CITY and DISTRICT agree to negotiate in good
faith to enter into such agreements.
Any permanent improvements or equipment installed or erected
on joint use facilities by CITY shall remain the property of
CITY. In the event that the DISTRICT terminates this Agreement
or disposes of any of the joint use facilities, CITY shall have
the following options:
a. Remove the improvements, or any portion thereof,
and restore the joint use facilities to at least
as good a condition as existed prior to the
construction or installation of such improvements,
normal wear and tear excepted, at CITY's cost and
expense.
b. Receive reimbursement from DISTRICT for the value
of the improvements or equipment, which value
shall be determined by an appraiser or appraisers
jointly selected by CITY and DISTRICT, based on
the cost approach.
All such improvements and facilities
on joint use facilities shall be available
school purposes during such time as the
used by CITY.
constructed or placed
to DISTRICT to use for
property is not being
5. INDENNIFICATION. Each party hereto shall indemnify and
hold harmless and defend the other party, its officers, agents or
employees, from any and all liability, damage, cost or expense
which any indemnified party shall become obligated to pay by
reason of any claim, lawsuit or judgement on account of injury to
property or injury or death to persons received or suffered as a
result of the use of property by the indemnitor pursuant to this
agreement. Further, each party hereto shall be responsible for
any and all damage to the property of the other party resulting
from such liable party's use of facilities pursuant to this
agreement.
6. DISPUTES. In the event of a disagreement between the
CITY and the DISTRICT on the interpretation of any provision of
this Agreement, the City Manager and District Superintendent, or
their designees, shall meet and resolve the differences within
thirty (30) days. If they are unable to resolve their
differences, the dispute shall be resolved by an arbitrator
selected by the parties from a list provided by the American
Arbitration Association, pursuant to its rules. The costs of the
arbitrator shall be borne equally by CITY and DISTRICT.
7. TERM. This Ag~eement provides for a program of
community, recreation activities using DISTRICT Property, and
DISTRICT sponsored activities using CITY Property. It is
intended to establish the general understanding of the parties
(except as provided by separate agreements relating to specific
joint use facilities) between CITY and DISTRICT pertaining to the
use of specific facilities at a particular named site belonging
to CITY or DISTRICT.
~
4
fiS Agreement shall remain in full force and effect so long
as Y and DISTRICT shall maintai nd operate facilities
capa e of joint use; provided, howeve~that this Agreement may
be amended by mutual consent or terminated on the 30th day of
June of any year hereafter upon either party giving written
notice to the other party, 180 days prior to termination date, of
its intention to so terminate.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed by their respective officers and duly authorized
by the CITY the day and year first above written.
B ~'fa"I(!j([('12- iJui/at.
i'\:.y tclerk- ' I V
CITY~O DUBLIN,
a/~:al COCRO~:,~ '
as L 1A.Fe nr
rfor
ATTEST:
ATTEST:
By c5..Lu.-~ &w
Clerk of Board
DUBLIN UNIFIED SCHOOL DISTRICT
By ~ tL. ('~(jddfl14-
P esident, Board of
Trustees
.,.
-5-
e
EXHIBIT A
DUBLIN HIGH SCHOOL
Gymnasium
Saturday
September-October
November-Narch
April-July
August
Sunday
September-July
August
Monday
September-October
November-March
April-May
June-July
August
Tuesday
September-Hay
June-July
August
Wednesday
Same as Nonday
Thursday
Same as Tuesday
Friday
September-December
January-March
April-Nay
June-July
August
Tennis Courts/Athletic Fields
September-June
July-August
Building E
e
7: OOam-ll : OOpm
12Noon-l1:00pm
7 :OOam-ll :OOpm
Closed-Maintenance
7: OOam-ll : OOpm
Closed-Maintenance
5:00-7:00pm
Not Available
S:00-7:00pm
7:00am-12Noon
Closed-Maintenance
Not Available
7:00am-12Noon
7:00-11:00pm
Closed-Maintenance
6:30-11:00pm
Varies according to BB Game
Schedule
7:00-11:00pm
7:00am-12Noon
6 :00-11 :OOpm
Closed-Maintenance
Varies according to inter-
scholastic sports schedule
7:00am-Dusk
Daily at least two classrooms after 3:00pm, unle~s scheduled by
Las Positas College.
FREDERIKSEN SCHOOL
Multi-Purpose Room
September-June
July-Augu9t
Honday-Friday/3:00-11:00pm
Saturday-Sunday/7:00am-ll:OOpm
Daify/7:00am-ll:OOpm
~
e
EXHIBIT A
Page Two
Athletic Fields
September-June
July-August
Kindergarten Tot Lot
September-June
July-August
MURRAY SCHOOL
Multi-Purpose Room
September-June
July-August
Athletic Fields
September-June
July-August
Classroom #6
September-June
NIELSEN SCHOOL
Multi-Purpose Room
September-June
July-August
Athletic Fields
September-June
July-August
Portable #2
September-June
\~ELLS SCHOOLS
Multi-Purpose Room
September-June
Ju_ly-Au g u s t
e
Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
Daily/7:00am-Dusk
Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
Daily/7:00am-Dusk
Monday-Friday/3:00-11:00pm
Saturday-Sunday/7:00am-ll:OOpm
Daily/7:00am-ll:OOpm
Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
Daily/7:00am-Dusk
2:00-5:00pm
Monday-Friday/3:00-11:00pm
Saturday-Sunday/7:00am-ll:OOpm
Daily/7:00am-ll:OOpm
Monday-Friday/j:OOpm-Dusk
Saturday-Sunday/7:00am-Dusk
Daily/7:00am-Dusk
2:00-5:00pm
.,
Monday-Friday/3:00pm-ll:OOpm
Saturday-Sunday/7:00am-ll:OOpm
Daily/7:00am-ll:OOpm
EXHIBIT A
Page Three
e
e
WELLS SCHOOLS
Athletic Fields
September-June
Monday-Friday/3:00pm-Dusk
Saturday-Sunday/7:00am-Dusk
July-August
Daily/7:00am-Dusk
Upon completion of the Wells School Gymnasium, the City shall
have access at least 3 days per week after 7:00pm and all day on
Saturday/Sunday.
.,
. f .; _ ~~. ,
e
e
EXHIBIT B
Project
1. DHS Football Field Renovation to include
all weather track and new press box
2. DHS Girls Athletic Fields
3. DHS Baseball Fields
4. DHS Tennis Court Renovation
5. DHS Outdoor Lighting (to be done in
conjunction with projects 1-4)
6. C.H. Frederiksen Kindergarten Tot Lot
7. Nielsen Athletic Field Renovation, Play
Area Renovation and Outdoor Lighting
8. Wells-Cronin Athletic Field Renovation
and Outdoor Lighting
9. C.H. Frederiksen Athletic Field Renovation
and Outdoor Lighting
10. Murray School Athletic Field Renovation
and Outdoor Lighting
11. Dublin Elementary Athletic Field Renovation,
Mini-Park and Outdoor Lighting
April 1989
Cost Estimate
$673,900
$186,370
$270,980
$ 65,500
$ 20,000
$ 33,980
$310,450
$277,100
$ 68,600
$325,970
$795,680
"
e
e.
---
AGREEMEN'l1
~rHIS AGREEMEN'l', made and entered into this 213%! day of VAA/tJ.flR.y ,
1991, by and between the CITY OF DUBLIN, a municipal corporation,
hereinafter called "CITY," and the DUBLIN UNIFIED SCHOOL DISTRICT,
hereinafter called "DISTRICT".
WITNESSETH
WHEREAS, the CITY and the DISTRICT have entered into an agreement
for joint use of DISTRICT facilities and improvement thereto entitled
"Agreement Between City of Dublin and Dublin Unified School District
Regarding Use of Facilities" (referred to as "Master Agreement"); and
WHEREAS, it is necessary to establish site s~ecific duties and
obligations for the improvement of each DISTRICT fac~lity; and
WHEREAS, the CITY and the DISTRICT have agreed to proceed on the
project entitled "Dublin High School Baseball Field and Girls Athletic
Field Renovation".
NOW, THEREFORE, in consideration of the promises herein and in the
Master Agreement dated September 25, 1989, the CITY and the DISTRICT
agree as follows:
1) The scope of Project No. 3 entitled "Dublin High School Baseball
and Girls Athletic Field Renovation" shall be based on the design
approved by the City Council on December 18, 1990 and shall
include the following elements:
a) Baseball Fields Turf Area to include "Cambridge" sand
drain system, aeration and overseed of entire area, added
turf and irrigation adjacent to tennis and basketball
courts, and quarry waste path.
b)
Varsity Infield and Bleacher
bleachers (170-seat capacity),
paving, sand clay infield and
fencing and batting cage.
Area to include grading,
backstop, decomposed granite
infield turf and irrigation,
c)
Junior Varsity Infield and
grading, bl~achers (60-seat
granite pav~ng, sand clay
irrigation, and fencing.
.
Bleacher Area to include
capacity), backstop, decomposed
infield and infield turf and
d) Girls Softball Fields I' to include "Cambridge" sand drain
system, aeration and overseed of entire area, added turf and
irrigation to the South, portable bleachers (60-seat
capacity), backstops, decomposed granite paving, and sand
clay infields.
e) Irrigation Upgrade to include a new controller and valve
wiring at baseball fields and a booster pump.
-1-
EXHIBIT C
2)
, e.-..
The ~reliminary budget
itemlzed as follows:
estimate
e_,
for. the
Improvements:
Design/Inspection~
project is $549,500
-36 Lr 1VJ.
$496, 250 ~;"1r --
$ 53,250) . bcJC4~~ I g ~
In the event that the contract for the project exceeds the sum of
$549,500, the CITY reserves the right to reduce the scope of
work. The area to be eliminated or reduced shall be determined
by common agreement between the CITY and the DISTRICT.
In the event that the contract for the
$549,500, the CITY reserves the right
alternates shown in priority order:
project is less than
to add the following
a)
b)
c)
d)
3) The
for
a)
b)
c)
d)
e)
f)
Replace Existing sprinkler Heads
Addi tional Landscaping ,
Scorers Booth
High Net Fencing Along Canal
CITY shall be the project coordinator, and its responsibility
this project shall be as follows:
Selection of Architect/Engineer;
Review of the Architect's plans, specifications, and
estimates, with input from the DISTRICT;
Advertising and award of bid to the Contractor;
Inspection of the Contractor's work, with input from the
DISTRICT;
Payment of monies due for architectural services, contract
work, and CITY Staff assigned to the project;
Acceptance of Contractor's work as complete.
4) The DISTRICT's responsibility for this project shall be as
follows:
a)
b)
Review of Architect's plans and specifications and provision
of comments to CITY;
Periodic field reviews with CITY Staff during construction
and provision of comments to CITY relating to construction
progress and quality;
c) Payment of all DISTRICT Staff costs relating to this
project;
d) Payment of all utility costs for this project during
construction.
'-2-=
l.
5)
e_ e~-
The CITY and the DISTRICT shall work together to schedule the
actual construction work to be done between May 13, 1991 and
'September 13, 1991 in order that the fields will be playable for
the 1991 season. The DISTRICT will not schedule any other events
on the fields during this time period without prior written
approval from the CITY.
Upon completion of the improvements under this agreement,
maintenance responsibilities shall be apportioned as follows:
a) CITY shall provide at its sole cost and expense, maintenance
to the infields, turf areas and landscaped areas. This
includes mowing, fertilization, and irrigation repair.
6)
b) DISTRICT shall provide at its sole cost and expense,
maintenance to bleachers, backsto~s, decomposed granite
paving, quarry waste path, fenc~ng and batting cage.
DISTRICT shall be responsible for payment of all utilities
including gas, electricity, water, and sewer.
DISTRICT agrees to provide
regularly scheduled school
maintenance responsibilities.'
CITY with access to grounds during
hours in order to carry out
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their respective officers and duly authorized by the CITY
the day and year first above written.
ATTEST:
C!!ai~1(UIk.
~YJ Clerk
DUBLIN,
al Corporation
DUBLIN UNIFIED SCHOOL DISTRICT
~ d. t!tlz{da0no--
resident, Board of Trustees
~,
-3-
~
e
e
FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY
OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICT
FOR RENOVATION OF THE DUBLIN HIGH SCHOOL
BASEBALL FIELD AND GIRLS ATHLETIC FIELD
This First Amendment, dated for identification as of September
__, 1994, is entered into between the city of Dublin (CITY) and the
Dublin Unified School District (DISTRICT).
RECITALS
Whereas, the CITY and DISTRICT have entered into an agreement
for joint use of DISTRICT facilities and improvements thereto
entitled "Agreement Between City of Dublin and the Dublin Unified
School District Regarding Use of Facilities" (hereafter "Master
Agreement"); and
Whereas, the CITY and DISTRICT are parties to an Agreement
dated January 25, 1991, relating to the renovation of the Dublin
High School Baseball Field and Girls Athletic Field (hereafter
"Agreement"); and
Whereas, the time table set forth in the Agreement for the
completion of renovations has expired, and renovations are being
carried out by the DISTRICT through other means; and
Whereas, the CITY and DISTRICT desire to amend the Agreement
to terminate the Agreement.
Now, therefore, in consideration of the mutual covenants and
promises set forth herein, and in the Master Agreement dated
September 25, 1989, the receipt and adequacy of which is hereby
acknowledged, the CITY and DISTRICT agree as follows:
1. The Agreement between the CITY and' DISTRICT for the
renovation of the Dublin High School Baseball Field and Girls
Athletic Field is hereby terminated.
2. The CITY and DISTRICT are no longer responsible for the
rights, responsibilities, duties and obligations contained therein.
IN WITNESS WHEREOF, the parties have caused this Amendment to
the Agreement to be executed by their respective officers and duly
1
EXHIBIT D
-'
e
e
authorized by the CITY and DISTRICT as of the day and year first
above written.
Attest
CITY OF DUBLIN,
A Municipal Corporation
City Clerk
Mayor
Approved as to form:
City Attorney
ATTEST:
DUBLIN UNIFIED SCHOOL DISTRICT
Clerk of the Board
President, Board of Trustees
114\agree\facility.sch
.,
2