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HomeMy WebLinkAboutItem 7.1 VlyHighSchlCommtyGym (2) , I .,! CITY CLERK File # D[(2][Q][Q]-~[QJ . AGENDA STATEMENT OITY COUNCIL MEETING DATE: September 26,1995 SUBJECT: Proposed Valley High School Community Gymnasium Report Prepared By: Diane Lowart, Parks & Community Services Director EXIllBITS A TT ACHED: / Draft Agreement Between City of Dublin and Dublin Unified School District Regarding Joint Use of School Facilities V (Gymnasium) RECOMMENDATION: /{)J 1. Approve Draft Agreement 2. Direct Staff to Schedule a Joint Meeting with School District FINANCIAL STATEMENT: Estimated Capital Cost: $2,080,000 Estimated Annual Operating Cost: $ 71,538 Estimated Annual Lost Fee Revenue Dublin Swim Center: $ 6,250 DESCRIPTION: On July 25, 1995 the Dublin City Council and the Dublin Unified ~chool District Board of Trustees held ajoint meeting to discuss a proposal developed by the City/ School .istrict Liaison Committee for a community gymnasium at Valley High School. The proposal that was discussed by the legislative bodies involved the joint development of a 10,000 square foot gymnasium at Valley High School. The proposed gymnasium would accommodate one full size basketball court (84' x 50'), two half-court basketball courts (74' x 42'), one full size volleyball court (60'x30') and two half-court volleyball courts. In addition, the gym would include bleacher seating for up to 400 and storage areas for both school and City use. Also, a concession area would be included as part of the project as well as restrooms with changing areas. As directed by the City Council, Staff has prepared a draft agreement for consideration by the City Council. The draft agreement (attached) outlines the responsibilities of both parties and is summarized below: District Responsibilities 1. District will 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 include preliminary engineering, design, construction engineering, construction, inspection and all required permits. .--------------~-------------------------------------------------- COPIES TO: Dublin Unified School District Parks & Community Services Commission Community Facilities Task Force "" 4 ITEMNO.~ F/dusd-commgym/gym926.doc 7. 8. 9. 10. District Responsibilities Continued . 2. District will provide all maintenance for the gym. Such maintenance will include custodial services; 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. 3. District will guarantee City/community use of gymnasium as follows: Monday-Friday from 3:00 p.m. to 10:00 p.m. and Saturday/Sunday from 9:00 a.m. to 10:00 p.m.(during times that school is in session); and Monday-Sunday from 9:00 a.m. to 10:00 p.m.( during holidays and summer break). 4. District will carry general liability insurance in an amount of at least $1,000,000 and will name City as an additional insured on its policy 5. District will defend, indemnify and hold City harmless from all claims for loss, liability, expense, or damages arising as a result of District's use of gym. 6. 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). City's Responsibilities 1. City will reimburse District for its expenses related to repair and maintenance of gym furnishings, which include bleachers, backboards, scoreboards and floor surfaces. 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. City will reimburse District for 100% of District's annual costs of keeping the gym in operation ("operating costs"). Such operating costs shall only include custodial services and supplies, utilities and an annual set-aside for floor refinishing. City will make facility available for District related functions ten times per year. Use in excess of ten times per year will be subject to written approval from the City Manager and District Superintendent or their designated representatives. City will schedule all use of the gym for City and community use during the times that City has exclusive use of the gym. 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 provision of such supervision will be at City's expense. City will notify District if the gym is damaged during the times City has 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. 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 will be in accordance with those fee schedules imposed by District 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, liab~litY, expense, or damages arising as a result of City's use of gym. . 2. . 3. 4. 5. 6. City Responsibilities Continued ~. City will make the Dublin Swim Center available to District from February through May of each year for the purpose of conducting aquatic programs at no cost to District. This provision will be effective in the February immediately following the commencement of construction. As drafted, the agreement will be in effect for a period of ten years with an option to renew the agreement for two additional five year increments. 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 notice to the other party. The City/District Liaison Committee have reviewed the draft agreement and their recommendations have been incorporated into the final draft agreement currently under consideration by the City Council. It is the recommendation of Staff that the City Council consider the draft agreement and, if the terms are acceptable, direct Staff to schedule a joint meeting with the Dublin Unified School District Board of Trustees for the purpose of approving the agreement. . . . 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 This agreement is entered into this 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- eurpose 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. Description of Gym The gymnasium at Valley High school ("gym") shall be approximately 16,300 s.f. consisting of the following approximate areas: 1) 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 .asketball courts (74' x 42'), one full sized volleyball court (60' x 30') and two half-court volleyball courts; 2) weight room and storage - 895 SF; 3) family 965 SF; 4) offices/reception/conference/toilet and workroom for Valley High - 1585 SF; 5) kitchen/concession - 175 SF; 6) lobby - 850 SF; toilets/dressing areas - 580 SF; 8) janitor/mechanical/electrical areas - 310 SF; 9) storage - 780 SF; and . 10) 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 Operatin~ 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 reparr. 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 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) may 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 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. . Use durin~ times when school is not in session OlOlidays 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. 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 ombined 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 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 costs of 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 District, its employees or officers, from its own fraud, willful injury or violation oflaw. 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 City, its employees or officers, from its own fraud, willful injury or violation of law. 7. Amendment of Master Joint Use A~eement re Swim Center a. Paragraph 3 (entitled "Use of Dublin Swim Center") of the Master Joint Use Agreement is amended to read as follows: Section 1 Paragraph 3 of the Agreement, entitled "Use of Dublin Swim Center," is amended to read as ~: . "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 oftime 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) 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; 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. 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 true 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 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 Ajp"eement 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. 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. CITY OF DUBLIN Dated: By: Mayor ATTEST: City Clerk Approved as to form: City Attorney DUBLIN UNIFIED SCHOOL DISTRICT Dated: By: President, Board of Trustees ATTEST: Clerk of Board Approved as to form: District Counsel . . .