Loading...
HomeMy WebLinkAboutReso 26-15 DUSD Tech Upgrades RESOLUTION NO. 26 - 15 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 TECHNOLOGICAL UPGRADES TO THE DUBLIN UNIFIED SCHOOL DISTRICT BOARD ROOM WHEREAS, the City of Dublin ("CITY") has received a request from the Dublin Unified School District ("DISTRICT") for technological upgrades to the Dublin Unified School District Board Room ("BOARD ROOM"); and WHEREAS, the DISTRICT has identified specific upgrades to improve the community amenities of the BOARD ROOM, which include upgrades to audio and video systems; and WHEREAS, the CITY and DISTRICT are parties to an Agreement regarding joint-use of CITY and DISTRICT facilities ("Joint Use 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 Cooperative Agreement (attached hereto as Exhibit A) between the City of Dublin and Dublin Unified School District for Technological Upgrades to the BOARD ROOM. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 17th day of February 2015, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None 4 _*itA19{ Mayor ATTES 6c, City Clerk Reso No.26-15,Adopted 2-17-15, Item 8.1 Page 1 of 1 COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR TECHNOLOGICAL UPGRADES TO THE DUBLIN UNIFIED SCHOOL DISTRICT BOARD ROOM This Cooperative Agreement("Agreement")is entered into effective as of ,2015("Effective Date")by and between the City of Dublin ("City"),and the Dublin Unified School District("District").The City and the District are collectively referred to herein as the"Parties"and individually as"Party." RECITALS A. The Parties desire to add fixed assets and equipment to the District Board Room located within the City(collectively"the Project")to enhance the community's use of the facility. B. The Project includes: upgrade, repair and relocation of original audio and video systems. C. 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. D. 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 as well as the project for the Enhancement of Community Amenities at the Dublin High School Center for Performing Arts and Education.The Project will be funded from the available balance of funds. 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 agrees to reimburse the District a sum not to exceed seventy thousand dollars ($70,000) ("City Contribution") for reimbursement of actual costs incurred in the design and completion of the Project,at the time and in the manner set forth herein. 2.2. Invoices. District shall submit invoices, not more often than once a month during the completion of the Project, based on the costs paid by District prior to the invoice date. Invoices shall contain the following information: 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 signature of an authorized District representative. 2.3. Monthly Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay District. Agreement Between the City of Dublin and Dublin Unified School District February _,2015 for Technology Upgrades to Dublin Unified School District Board Room Page 1 of 3 2.4. Total Payment. City shall be obligated to pay the actual costs for the Project up to but not exceeding the City Contribution. 2.5. 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. 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 has prepared all necessary planning and design for completion of the Project ("Project Specifications"). All Project Specifications have been 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. District has complied with its Purchasing Policy as well as with applicable Board Policies and state laws as required to complete the Project as described in the Project Specifications. District's solicitation materials, and contract entered into pursuant to said solicitation, 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 completion 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 is 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. 4. Ownership and Maintenance 4.1. Any facilities completed as part of the Project shall be owned by District. 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 its 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. Agreement Between the City of Dublin and Dublin Unified School District February _,2015 for Technology Upgrades to Dublin Unified School District Board Room Page 2 of 3 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. 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 Chris Foss, City Manager Approved as to Form: By: By: _ Samuel R. Santana, Legal Counsel John Bakker, City Attorney Attest: By: By: _ Caroline Soto,City Clerk Agreement Between the City of Dublin and Dublin Unified School District February —,2015 for Technology Upgrades to Dublin Unified School District Board Room Page 3 of 3