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HomeMy WebLinkAboutReso 130-13 Tennis Complex Renovation RESOLUTION NO. 130 - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICTFOR THE FUNDING OF THE DUBLIN HIGH SCHOOL TENNIS COMPLEX RENOVATION PROJECT AND THE SUBSEQUENT OPERATIONS OF SAID TENNIS COMPLEX WHEREAS, the CITY has identified the need for renovation of existing tennis court space in the City to accommodate demand for community recreational purposes; and WHEREAS, the DISTRICT has also identified the need to renovate the tennis courts at Dublin High School (the "Tennis Complex"), including resurfacing of courts, installing new net posts and new fencing; and WHEREAS, the CITY and DISTRICT are parties to an Agreement regarding joint-use of CITY and DISTRICT facilities in the mutual interest of providing an adequate program of community recreation under the sponsorship of the CITY; and WHEREAS, the Agreement for Joint Use of Facilities provides for the CITY and DISTRICT to enter into separate agreements for improvements to joint use facilities; 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, including agreements for the purpose of improving and maintaining recreation facilities for the benefit of students of the DISTRICT and residents of the CITY. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin does hereby approve the Agreement (attached hereto as Exhibit A) between the City of Dublin and Dublin Unified School District for the funding of the Dublin High School Tennis Complex renovation project and the subsequent operations of said Tennis Complex. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 16th day of July 2013, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, and, Haubert NOES: None ABSENT: None ABSTAIN: Mayor Sbranti Of— / e ' Mayor ATTM� City Clerk Reso No. 130-13,Adopted 7-16-13, Item 8.1 Page 1 of 1 DRAFT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICT FOR THE FUNDING OF THE DUBLIN HIGH SCHOOL TENNIS COMPLEX RENOVATION PROJECT AND THE SUBSEQUENT OPERATIONS OF SAID TENNIS COMPLEX THIS AGREEMENT is made by and between the City of Dublin ("CITY") and Dublin Unified School District("DISTRICT") as of July 16, 2013. Section 1. DESCRIPTION OF JOINT USE FACILITY AND CONSTRUCTION OF IMPROVEMENTS. 1.1 Description of Tennis Complex. The Tennis Complex at Dublin High School is a fenced outdoor facility that is approximately 49,200 square feet in size with striping for eight(8) full size courts. 1.2 Scope of Improvements. The proposed improvements to the Tennis Complex are as follows: leveling and resurfacing the tennis courts; installation of new net posts, tightening gear and nets; new chain link fencing using the existing posts as feasible; and repair and/or replacement of gates (collectively, "the Improvements"). 1.3 Construction of Improvements. DISTRICT shall construct the Improvements to • specifications prepared and approved by the DISTRICT. The scope of work for construction of the Improvements is summarized in Exhibit "A" attached hereto and incorporated herein by reference. DISTRICT shall provide CITY with project schedule and shall proceed diligently with construction. Construction shall be completed for use by the community no later than August 31, 2013 . DISTRICT shall comply with all applicable laws relating to construction of the Improvements, including, but not limited to, prevailing wage requirements. Section 2. FUNDING FOR CONSTRUCTION OF IMPROVEMENTS. CITY hereby agrees to reimburse the DISTRICT a sum not to exceed Three Hundred Three Thousand, Six Hundred Four dollars ($303,604.00) toward the actual cost of constructing the Improvements, including expenses incurred by DISTRICT for design and engineering, but including expenses incurred by District for construction administration and inspection of the project, to the extent required by law. CITY shall reimburse the DISTRICT for the actual cost of the Improvements rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from CITY to DISTRICT pursuant to this Agreement. DISTRICT shall submit all invoices to CITY in the manner specified herein. 2.1 Invoices. DISTRICT shall submit invoices, not more often than once a month during the construction of the improvements, based on the construction costs paid by DISTRICT prior to the invoice date. Invoices shall contain the following information: DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 1 of 9 EXHIBIT A • Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At CITY's option,for each work item in each task, a copy of the applicable invoices or records shall be submitted; • The DISTRICT's signature. 2.2 Monthly Payment. CITY shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay DISTRICT. 2.3 Total Payment. With the exception of actual construction costs for the Improvements identified in this Section 2, CITY shall not be obliged to pay any additional sum pursuant to this Agreement. • Section 3. MAINTENANCE AND REPAIR OF TENNIS COMPLEX. 3.1 Maintenance and Repair by District. DISTRICT shall provide for all ongoing maintenance and repairs for the Tennis Complex. Such maintenance and repairs shall be performed in compliance with DISTRICT standards for other DISTRICT athletic and recreational facilities. 3.2 Tennis Court Preparation for Use by City and Community. During CITY's exclusive use periods, CITY shall be responsible, at its own expense, for providing tennis court preparation prior to use by CITY or community rentals using CITY staff or other CITY- selected contractor. Tennis court preparation shall mean the sweeping and removal of debris, as needed, to ensure that the Tennis Complex can be used by the CITY or community rental customers. Section 4. CITY'S USE OF TENNIS COMPLEX. 4.1 Establishment of Annual Use Schedule. 4.1.1. First Year Annual Use Schedule. During the first year of this Agreement, CITY shall have the exclusive use of the Tennis Complex for CITY and community rental use for tennis instruction, practices, matches and events as set forth in the Annual Use Schedule, attached hereto As Exhibit "B" and incorporated herein by this reference. 4.1.2. Annual Use Schedule Modification. On or before Mar 1 of the second year of this • Agreement, and each year thereafter, CITY and DISTRICT through their respective staff, shall meet to review and modify, as needed, the Annual Use DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 2 of 9 Schedule. The final Annual Use Schedule for the then upcoming fiscal year shall be set no later than June 15, and shall become the operative Exhibit "B" for that following year. In addition, at any time during the Term of the Agreement, the DISTRICT may initiate a meeting to review the Annual Use Schedule, and may, at its discretion, modify the Use Schedule to accommodate programmatic needs of the High School. 4.2 Facility Scheduling. CITY shall, at its own expense, schedule all use of the Tennis Complex by the CITY and the community during the CITY's exclusive use periods. Except as provided in the Annual Use Schedule, DISTRICT shall not, without prior written approval from CITY, schedule any rentals or uses, or conduct commercial activities such as private instruction, clinics or tournaments during the times the facility is available for exclusive use of the CITY. 4.3 Community Rental Procedures. Rental procedures and fees for the community during the times of exclusive CITY use will be governed by the CITY'S Tennis Court Use Policy. CITY shall require all commercial rentals of the Tennis Complex to carry public liability insurance in an amount and form acceptable to and approved by CITY naming both the CITY and DISTRICT as additional insured and shall require all users to indemnify and defend both the CITY and DISTRICT against any claims arising as a result of such user's negligence in use of the Tennis Complex. Notwithstanding the applicability of the CITY's Tennis Court Use Policy to third-parry users, the CITY shall remain responsible for any and all damages to the Tennis Complex caused by scheduled users of the Tennis Complex. 4.4 Equipment. CITY has permission to place a knack-box or similar secure storage container at the complex for equipment to support CITY programs. The type of box, color and location will be agreed upon by CITY and DISTRICT. CITY shall be responsible for any and all maintenance and/or repairs of the storage box. Section 5. DISTRICT'S USE OF TENNIS COMPLEX. 5.1 DISTRICT'S Use. DISTRICT shall have exclusive use of the Tennis Complex at all times during which the CITY does not have exclusive use of the Tennis Complex, as outlined in Exhibit "B," attached hereto. 5.2 Facility Scheduling. DISTRICT shall, at its own expense, schedule all use of the Tennis Complex by the DISTRICT and community during the DISTRICT's exclusive use periods. CITY shall not, without prior written approval from DISTRICT, schedule any rentals or uses or conduct commercial activities, such as private instruction, clinics or tournaments, during the times the facility is available for exclusive use of the DISTRICT. 5.3 Community Rental Procedures. Rental procedures and fees for the community during . the times of exclusive DISTRICT use will be governed by the DISTRICT's Civic Center Act Policy. DISTRICT shall require all commercial rentals of the Tennis Complex to carry DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 3 of 9 public liability insurance in an amount and form acceptable to and approved by DISTRICT naming both the CITY and DISTRICT as additional insured and shall require all users to indemnify and defend both the CITY and DISTRICT against any claims arising as a result of such user's negligence in use of the Tennis Complex. Section 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification of CITY by DISTRICT. DISTRICT shall defend, indemnify and hold harmless the CITY, its officers, agents and employees, from any and all liability, loss, damage, cost or expense which CITY shall become obligated to pay by reason of any claim, lawsuit or judgment on account of injury to property or injury or death to persons received or suffered as a result of the use of the Tennis Complex by DISTRICT or any program associated with or any other activity scheduled by DISTRICT, except where the injury is caused in whole or in part by the CITY, its employees or officers own fraud or willful injury or violation of the law. 6.3 Indemnification of DISTRICT by CITY. CITY shall defend, indemnify and hold harmless the DISTRICT, its officers, agents and employees, from any and all liability, loss, damage, cost or expense which DISTRICT shall become obligated to pay by reason of any claim, lawsuit or judgment on account of injury to property or injury or death to persons received or suffered as a result of the use of the Tennis Complex by CITY, a community rental customer of CITY's pursuant to this Agreement, or any other activity scheduled by CITY, except where the injury is caused in whole or in part by the DISTRICT, its employees or officers own fraud or willful injury or violation of the law. 6.4 Insurance. Each party hereto shall at all times maintain a policy of comprehensive general liability insurance in the principal amount of at least $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. 6.4.1 Said policy held by DISTRICT shall be endorsed to the name of CITY, its officers, employees, agents and volunteers as additional insured's regarding liabilities arising out of maintenance, operation and use of the Tennis Complex. Said policy shall be endorsed as primary and shall contain provisions which preclude policy suspension, policy cancellation, or reduction in policy limits except after twenty (20) business days prior written notice to CITY by certified mail, return receipt requested. 6.4.2 Said policy held by CITY shall be endorsed to the name of DISTRICT its officers, employees, agents and volunteers as additional insured regarding liabilities arising out of maintenance, operation and use of the Tennis Complex. Said policy shall be endorsed as primary and shall contain provisions which preclude policy suspension, policy cancellation, or reduction in policy limits except after twenty (20) business days prior written notice to DISTRICT by certified mail, return receipt • requested. DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 4 of 9 • • 6.4.3 Neither party's insurance carrier/company shall have any recourse against the non-policy holder party, its officers, employees or agents for the payment of any premiums or assessments under any policy of insurance issued to DISTRICT or CITY and endorsed as set forth herein. 6.4.4 The parties understand and agree that each party shall be responsible for the payment of any deductibles under the policies of insurance in effect under the terms of this Agreement, subject to the right of the party to exercise any and all remedies available to it for recoupment of these monies. Section 7. 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 attempt to resolve the differences within thirty(30) days. Section 8. LEGAL REQUIREMENTS. 8.1 Governing Law. The laws of the State of California shall govern this Agreement and the construction of the improvements. 8.2 Compliance with Applicable Laws. DISTRICT and any subcontractors shall comply with all laws, rules and regulations applicable to the performance of the construction of the Improvements hereunder. 8.3 Licenses and Permits. DISTRICT represents and warrants to CITY that DISTRICT and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required to design and construct the improvements. DISTRICT represents and warrants to CITY that DISTRICT and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. Section 9. TERM OF AGREEMENT, MODIFICATIONS AND EARLY TERMINATION. 9.1 Term of Agreement. This Agreement provides for renovation of the Dublin High School Tennis Complex, and for a program of community recreation activities using DISTRICT property. This Agreement shall remain in full force and effect for Twelve (12) years from the date first indicated in this Agreement provided, however, that this Agreement may be amended by mutual consent at any time as stated in Section 9.5. • 9.2 Closure of Existing Complex and CITY Right to Use of Future Complex. If during the term of this Agreement DISTRICT closes the Tennis Complex and locates new tennis DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 5 of 9 • courts to another location, CITY shall have the same right to use the new complex as it does the existing Tennis Complex pursuant to the terms of this Agreement. 9.3 Early Termination. CITY may cancel this Agreement upon ninety (90) days' written notice and shall include in such notice the reasons for cancellation. DISTRICT may terminate this Agreement for cause if CITY fails to perform any obligations under this Agreement. In such event, CITY will not be entitled to reimbursement of any portion of the costs of• constructing the Improvements. 9.4 Extension. CITY and DISTRICT may agree to mutually extend the end date of this Agreement. Any such extension shall require a written amendment to this Agreement, as provided for herein in Section 9.5. 9.5 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 9.6 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between CITY and DISTRICT shall survive the termination of this Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Representation of Comprehension of Document. Each party has reviewed and revised or had the opportunity to review and revise this Agreement. Accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendment of it that has been reviewed andlor revised by both parties. 10.2 Counterparts. This Agreement may be executed in two or more counterparts, each full set of which shall constitute a full enforceable counterpart of this Agreement, all of which together shall constitute by one Agreement. 10.3 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.4 Notices. Any written notice to DISTRICT shall be sent to: District Superintendent Dublin Unified School District 7471 Larkdale Avenue Dublin, CA 94568 Any written notice to CITY shall be sent to: DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 6 of 9 City Manager City of Dublin 100 Civic Plaza Dublin, CA 9568 IN WITNESS WHEREOF, the CITY and DISTRICT have caused the Agreement to be executed by • their respective Officers an duly authorized by the CITY the day and year first written above. CITY OF DUBLIN DUBLIN UNIFIED SCHOOL DISTRICT a municipal corporation Joni Pattillo, City Manager Dr. Stephen Henke, Superintendent • Attest: Approved as to Form: Caroline Soto, City Clerk Clarissa R. Canady Dannis Woliver Kelley Approved as•to Form: John Bakker, City Attorney DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 7 of 9 • EXHIBIT "A" Dublin High School Tennis Courts Improvements Project Scope of Work Overlay, resurfacing and fence fabric replacement 1. Remove header boards 2. Clean existing courts 3. Hot crack fill all cracks 4. Install reinforced pavement fabric 5. Install 1.5" hot asphalt in one lift • 6. Flood test and spot level as needed 7. One coat asphalt emulsion 8. Two coats acrylic overlay resurfacer 9. Apply two coats base coats of NOVAFIL color acrylic 10. Spread third coat NOVACOAT top coat 11. Paint court lines with NOVALINE line paint 12. Remove and replace all nets with new nets 13. Sleeve Net posts and raise to regulation height 14. Remove and replace chain link fencing 15. Straighten bent fence post 16. Replace fence fabric and repair damaged gates 17. Wind screen west fence 18. Install ADA transitions at gates • Schedule Scope requires over 2 months to complete as there is 30 days alone of cure time for the resurfacing products. Project Start 6-17-13 Project Complete 8-30-13 • DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 8 of 9 EXHIBIT "B" Annual Use Schedule CITY EXCLUSIVE USE PERIODS CITY shall have exclusive use of the Tennis Complex as follows: A. Use During Summer • June 16—August 15: Monday through Sunday 8:00 a.m. to sunset B. Use During School Year August 16—June 15 Saturdays 8:00 a.m, to sunset Sundays 8:00 a.m. to sunset II. USE OF TENNIS COMPLEX BY DISTRICT DURING CITY EXCLUSIVE USE PERIODS A. Maximum Days of Use by DISTRICT DISTRICT may, at no cost, reserve the Tennis Complex for practices, league matches and tournaments of the Dublin High School tennis teams up to twenty (20) days and only ten (10) days in the summer during which the CITY would otherwise have exclusive use of the Tennis Complex as set forth in section I above. - B. Scheduling Use by DISTRICT The times shall be scheduled by DISTRICT by written notification to CITY no later than Mar 30 for use during the first semester and December 31 for use during the second semester and summer. Requests for DISTRICT use after those deadlines shall be subject to availability. C. CITY Approval of Additional Use by DISTRICT Any requests from DISTRICT to use the Tennis Complex more than 20 times in a calendar year during CITY's exclusive use times are subject to written approval from the City Manager and District Superintendent or their designated representatives. DRAFT Agreement Between the City of Dublin and Dublin Unified School District July 16, 2013 for the Funding of the Dublin High School Tennis Complex Renovation and the Subsequent Operations of Said Tennis Complex Page 9 of 9