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HomeMy WebLinkAboutItem 8.2 DUSD Community Enhance STAFF REPORT CITY CLERK File #600-40 CITY COUNCIL DATE:November 5, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Agreement with Dublin Unified School District for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts and Education Prepared by Paul McCreary, Parks and Community Services Director and Rhonda Franklin, Administrative Analyst EXECUTIVE SUMMARY: Staff is seeking City Council authorization to execute a Cooperative Agreement with Dublin Unified School District for the enhancement of community amenities at the Dublin High School Center for Performing Arts and Education. FINANCIAL IMPACT: The City has designated a General Fund Designated Reserve of $600,000 for joint improvement projects with the Dublin Unified School District, of which a portion has already been allocated towards the Dublin High School Tennis Complex Renovation Project. Funding for the enhancement of Community Amenities at the Dublin High School Center for Performing Arts and Education will be an amount not to exceed the difference between $600,000 and the actual costs of the Dublin High School Tennis Complex Renovation Project (approximately $300,000). A budget change is necessary to execute the Agreement and allocate funding from the General Fund Designated Reserve. RECOMMENDATION: Resolution Staff recommends that the City Council adopt Authorizing the City Manager to execute a Cooperative Agreement with Dublin Unified School District for the Enhancement of and Community Amenities at the Dublin High School Center for Performing Arts and Education; approve the Budget Change. Submitted By Reviewed By Director of Parks and Assistant City Manager Community Services ITEM NO. 8.2 Page 1 of 2 DESCRIPTION: At a joint meeting of the City Council and the Board of Trustees from the Dublin Unified School District (DUSD), the group discussed potential joint improvement projects at Dublin High School (DHS). One of the projects discussed was enhancements of community amenities to the Dublin High School Center for Performing Arts and Education by providing funding for upgrades to the theatre’s communications, audio, and production systems. Staff has met with DUSD Staff to discuss various alternatives for funding fixed assets that will enhance and expand community use of the Center in the future. In summary, DUSD is requesting the following enhancements:  Large full color LED screen installed Acoustical Shell Ceiling Panels  outside the main lobby entrance Surround Sound Loudspeaker  Wireless Access Points throughout System  the facility Blank Scenery Backdrop Canvas  Dedication Plaque thanking the City  On-stage Scrim Curtain for its support  Flat Screen Monitors  Grand Piano  Standing Choral Risers  Two Hybrid Standing Pianos The items requested are long-term tangible assets that will enhance the quality of the venue, as well as the user’s, performers’ and audiences’ overall experience. These items will improve the technical functionalities of the facility and present it as a professional venue for the arts. This project benefits the community by providing for a state-of-the-art educational facility for the performing arts, and by supporting a premier event venue in Dublin, as well as the entire Tri- Valley area. The objectives of the upgrades are to attract and involve community members in local events and performing arts, as well as attract professional and community performing arts groups. This venue further establishes the City of Dublin as a destination place and as a supporter of performing arts. Upon completion of the project, all ongoing maintenance and repairs for the proposed upgrades shall be provided by DUSD. Funding for the project would come from the General Fund Designated Reserve that was established by the City Council for Joint Use Projects with DUSD. This Reserve was derived from a community benefit payment from the Jordan Ranch Development. As part of the standing Joint Use Agreement with DUSD, the City looks forward to a continued partnering with DUSD on the use of the facility by the City and community groups for performing arts programs and events. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving Cooperative Agreement Between the City of Dublin and the Dublin Unified School District for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts and Education with the Agreement attached as Exhibit A 2. Budget Change Form Page 2 of 2 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR THE ENHANCEMENT OF COMMUNITY AMENITIES AT THE DUBLIN HIGH SCHOOL CENTER FOR PERFORMING ARTS AND EDUCATION WHEREAS ,the City of Dublin (“CITY”) has received a request from the Dublin Unified School District (“DISTRICT”) for the enhancement of community amenities at the Dublin High School Center for Performing Arts and Education (“CENTER”); and WHEREAS ,the DISTRICT has identified specific enhancements to improve the community amenities of the CENTER, which include upgrades to informational outlets, theater audio support, and technical production support; 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 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 attached hereto as Exhibit A Cooperative Agreement () between the City of Dublin and Dublin Unified School District for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts and Education. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 5th day of November 2013, by the following vote: AYES : NOES : ABSENT : ABSTAIN : ______________________________ Mayor ATTEST : _________________________________ City Clerk ATTACHMENT 1 COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR THE ENHANCEMENT OF COMMUNITY AMENITIES AT THE DUBLIN HIGH SCHOOL CENTER FOR PERFORMING ARTS & EDUCATION This Cooperative Agreement ("Agreement") is entered into effective as of November 5, 2013 ("Effective Date") by and between the City of Dublin ("City"), and the Dublin Unified School District (“District"). The City and the Agency are collectively referred to herein as the "Parties." RECITALS A.The Parties desire to add fixed assets and equipment to the Dublin High School Center for Performing Arts & Education located within the City of Dublin (collectively "the Project") to enhance the community’s use of the new facility. B.The desired facility enhancements include: community engaging informational enhancements; theater audio support; and, theatrical production support. C.The Project includes the purchase and installation of the following equipment: 34 inch tall by 38 foot long LED screen; wireless access points throughout the Center; grand piano and two hybrid standing pianos; acoustical shell ceiling panels; surround sound loudspeaker system; blank scenery backdrop canvas; scrim curtain; flat screen monitors through facility for live performance feed; standing choral risers; and a dedication plaque thanking the City for the contribution. D.The Parties seek by this Agreement to establish the scope of the each Party's responsibilities in the design, funding and construction of the Project. E.The City has designated a fund of $600,000 for joint improvement projects with the District, of which a portion has already been allocated towards the Dublin High School Tennis Complex Renovation Project. The project for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts and Education will be funded with the balance of funds after the Dublin High School Tennis Complex Renovation Project has been completed. 1.Project Description – A description of the location and scope of the Project is attached hereto as Exhibit A, and incorporated herein by this reference. 2.City Obligations 2.1.City shall contribute funding in an amount not to exceed the difference between $600,000 and the actual costs of the Dublin High School Tennis Complex Renovation Project ("City Contribution") to District for use in the design and construction of the Project. The City Contribution shall be made Agreement Between the City of Dublin and Dublin Unified School District November 5, 2013 for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts & Education Page 1 of 4 prior to soliciting competitive pricing for completion of the Project pursuant to District's obligations in Section 3.3 and 3.4 of this Agreement. 2.2.City shall, at its own cost, provide all staff support for administration and management of the Project as necessary to fulfill its obligations under this Agreement. 2.3.City shall have review and input regarding approval of the equipment submittals and work performed related to installation of approved equipment by District’s contractor, provided that said approval shall not be unreasonably withheld or delay the project. 3.District Obligations 3.1.District shall provide all funding in excess of the City Contribution necessary for completion of the Project. 3.2.District shall prepare all necessary planning and design for completion of the Project, including design development, preliminary engineering, final design engineering ("Project Specifications"). All Project Specifications shall be developed in accordance with District standards and operations and maintenance requirements, as well as all applicable local, state, and federal laws and regulations. 3.3.Upon receipt of the City Contribution, as provided in Section 2.1 of this Agreement, District shall solicit competitive pricing for purchase of identified equipment, including installation of the work required to complete the Project as described in the Project Specifications, and shall work in compliance with all applicable state law including, but not limited to, the public bidding provisions contained in California Public Contract Code sections 20160 et seq. Provided that City Contribution is timely made, pricing solicitation for equipment/materials shall be performed and substantially completed prior to the opening of the facility, or at any other time mutually agreed upon by the Parties. Said solicitation materials, and any contract entered into pursuant to said solicitation, shall require that the contractor/supplier and its agents and representatives comply with the District's standard insurance requirements for work of a similar scope and nature as the work to be performed in completing the Project. 3.4.District shall be responsible for construction, construction management, and safety monitoring during construction of the Project. District shall be responsible for ensuring that the contractor corrects all errors, omissions and defects in the construction and installation of the Project to ensure that it completed in compliance with the Project Specifications. 3.5.District shall provide all staff support for administration and management of the Project necessary to fulfill its obligations under this Agreement. Agreement Between the City of Dublin and Dublin Unified School District November 5, 2013 for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts & Education Page 2 of 4 4.Ownership and Maintenance 4.1.Any facilities constructed as part of the Project shall be owned by District on District property. District shall be responsible for maintaining all facilities and equipment installed under this Agreement. 5.Indemnity 5.1.Neither the District, nor any officer, employee, or agent of any of them, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. City shall fully indemnify, hold District, and their respective officers, employees, and agents harmless and defend from any liability imposed for injury occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. 5.2.Neither City, nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by District under or in connection with any work, authority, or jurisdiction delegated to the District under this Agreement. The District shall fully indemnify and hold City and its officers, employees, and agents harmless and defend from any liability imposed for injury occurring by reason of anything done or omitted to be done by the District under or in connection with any work, authority, or jurisdiction delegated to the District under this Agreement. 6.Amendments – This Agreement may be amended by mutual agreement of all parties. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all parties and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto. Any fundamental alteration to the terms of this Agreement shall be processed as an amendment to this Agreement that must be approved by the Parties. 7.Applicable Laws – This Agreement is entered into in the State of California and shall be interpreted in accordance with the laws of the State of California. 8.Compliance With Laws – District represents and warrants to the City that the District, its officers, agents, employees, contractors and volunteers have or will have all licenses, permits, qualifications and approvals of whatever nature which are legally required for the District, its officers, agents, employees, contractors and volunteers to perform the District's obligations under this Agreement and that it shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, federal, state, county and city, relating to its actions under this Agreement whether such statutes, ordinances, regulations and requirements are now in force or are hereinafter enacted. Agreement Between the City of Dublin and Dublin Unified School District November 5, 2013 for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts & Education Page 3 of 4 9.Enforceability – If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable shall not be affected and each provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 10.Entire Agreement – This Agreement and the referenced Exhibits constitute the entire agreement of the parties on the subject matter of this Agreement. DISTRICT: CITY: Dublin Unified School District City of Dublin By: ________________________________ By: _______________________________ Dr. Stephen Hanke, Superintendent Joni Pattillo, City Manager Approved as to Form: By: ________________________________ By: _______________________________ General Counsel John Bakker, City Attorney Attest: By: ________________________________ By: _______________________________ Caroline Soto, City Clerk Agreement Between the City of Dublin and Dublin Unified School District November 5, 2013 for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts & Education Page 4 of 4 CITY OF DUBLIN FISCAL YEAR 2013-14 BUDGET CHANGE FORM Budget Change Reference #: City Council's Approval Required From Un-Appropriated ReservesBudget Transfer Between Funds From Designated ReservesXOther DECREASE BUDGET AMOUNTINCREASE BUDGET AMOUNT Account AmountAccountAmount EXPENDITURE: General Fund - Non-Dept - Contribution to Other Agency 1001.1901.81998$296,396 REASON FOR BUDGET CHANGE The budget change request is to allocate the remaining balance of funds from the General Fund Designated Reserve (that was established by the CC for joint use projects with DUSD) to the DUSD Center fro Performing & Education Project. The fund began with $600,000 and a portion of that has already been allocated to the Dublin High School Tennis Complex renovation project. The amount of funds that are to be allocated to the Center for Performing Arts and Education project should not exceed the difference between $600,000 and the amount spent on the Dublin High School Tennis Complex renovation project. The budget change is approved by City Council on November 5, 2013. 11/5/2013 As Presented at the City Council Meeting **********Finance Use Only********** Posted By:Date: C:\Users\agenda\Desktop\Item 8.2 Attch 3 Item 8.2 Attch 3