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 City of Hermosa Beach --- 01-25-00AMENDMENT TO AGREEMENT WITH SCHOOL DISTRICT REGARDING THE USE OF SOUTH PARK BUILDINGS - REIMBURSEMENT FOR ASBESTOS REMOVAL, ESTIMATED COST $5,000.00 Recommendation:
Background: The City and School District entered into an agreement to allow the district to use three of the classrooms for the after school program. The District was responsible for refurbishing the rooms. It was discovered that these rooms have asbestos and, without removal, cannot be used for the after school program. The School District has secured proposals from three companies to perform the asbestos removal. The bids range from $5,000 to $8,500. The work will consist of removal of 3700 square feet of floor tile, black mastic under carpet and asbestos in the mechanical room. Since the District has experience in obtaining bids and completing the necessary paperwork for asbestos removal, staff feels that they are in the best position to do the work, with the City reimbursing them for this cost. Respectfully submitted,
Stephen R. Burrell City Manager
AGREEMENT
SOUTH PARK BUILDING
THIS AGREEMENT is entered into by and between the City of Hermosa Beach, a municipal corporation (hereinafter "City") and the Hermosa Beach City School District, a school district organized and existing under the laws of the State of California (hereinafter "District") as of the date set forth below.
R E C I T A L S
A. Sections 10900 et seq . of the California Education Code authorize and empower cities and school districts to cooperate in organizing, promoting and conducting programs of community recreation.
B. Pursuant to that authority, City and District desire to cooperate in the construction of improvements to the City-owned building in South Park and in the use of that building for after-school and other youth recreation programs and to memorialize the terms and conditions of such cooperative venture in this Agreement. C. This Agreement advances the public interest by maximizing the use of available recreational facilities for the betterment of the community's young people.
NOW, THEREFORE, City and District agree as follows:
1. City's duties . City shall:
1.1. Review and if satisfactory approve plans and specifications for new lighting and new carpet, and repairs to ceilings and electrical and plumbing systems in four classrooms in the building in South Park.
1.2. Prepare and process any necessary documents required to comply with the California Environmental Quality Act of 1970.
1.3. Remove all items stored in the building prior to District's construction of improvements.
1.4. Waive permit fees and provide temporary access to District and its employees, contractors and agents for purposes of constructing improvements to the building in South Park in accordance with plans and specifications approved by City.
1.5. Repair at its expense the windows in the building.
1.6. Reimburse District the cost of removing asbestos from the building in an amount approved in advance and in writing by City.
1.7. Make three classrooms in the building available to District by way of a lease in the form attached hereto as Exhibit A for District's after school recreational program from 3:00 p.m. until 6:00 p.m. each day school is in session.
1.8. Indemnify, defend and hold harmless District, its officers and employees, from and against any and all liability, claims, demands, causes of action, damages or judgments (including reasonable attorneys fees and costs of defense) resulting from or arising out of the negligent or wrongful acts or omissions of City, its officers, employees, contractors and agents, in the performance of this Agreement.
2. District's duties . District shall:
2.1. Prepare plans and specifications for new lighting, new carpet, and repairs to ceilings and plumbing and electrical systems in four classrooms in the building in South Park.
2.2. Consider changes or modifications of the plans and specifications as may requested by City and make such changes or modifications as may agreed upon by the parties.
2.3. Prepare and forward to City for approval a construction schedule.
2.4. At District's sole cost and expense, advertise the project for construction bids, award and administer the construction contract for the above-described improvements in accordance with approved plans and specifications and construction schedule (including removal of asbestos), all in accordance with the requirements of State law as regards bidding, insurance and bonding.
2.5. Limit its after school recreation program to children registered in and attending District schools.
2.6. Indemnify, defend and hold harmless City, its officers and employees, from and against any and all liability, claims, demands, causes of action, damages or judgments (including reasonable attorneys fees and costs of defense) resulting from or arising out of the negligent or wrongful acts or omissions of District, its officers, employees, contractors and agents, in the performance of this Agreement.
3. Contract Administration .
3.1. Unless otherwise designated in writing, City's City Manager shall serve as the CITY’s representative for the administration of this Agreement. All activities performed by the District shall be coordinated with this person.
3.2. Beverly Rohrer, District's Interim Superintendent shall be in charge of the services to be performed by District under this Agreement, and any agreement or approval made by her shall be binding on the District.
4. Non-discrimination and Equal Employment Opportunity . District represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, national origin, political affiliation or opinion, or pregnancy or pregnancy- related condition.
5. Independent Contractor . District is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of District or any of District's employees or agents, except as herein set forth. District shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of City. District shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
6. Notice . All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
CITY OF HERMOSA BEACH:
1315 Valley Drive Hermosa Beach, CA 90254-3685
Attention: City Manager
HERMOSA BEACH SCHOOL DISTRICT:
HERMOSA BEACH CITY SCHOOL DISTRICT 1645 Valley Drive Hermosa Beach, CA 90254
Attention: Superintendent
7. Governing Law . This Agreement shall be governed by the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such County.
8. Entire Agreement; Modification . This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied he,rein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.
9. Attorneys’ Fees . In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees in an amount determined by the court.
10. Waiver . Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement.
11. Execution . This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
12. Authority to Enter Agreement . Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have executed this Agreement the day of , 1999.
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