15-216 Memorandum of Understanding (MOU), Cupertino Union School District, Collins Elementary baseball fieldMEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CUPERTINO
AND
CUPERTINO UNION SCHOOL DISTRICT
This Memorandum of Understanding is entered into by and between the City of
Cupertino; hereafter referred to as "the City" and Cupertino Union School District, a
special district; hereafter referred to as "CUSD."
Purpose
The purpose of the Memorandum of Understanding is to document the City's acceptance
of the new Collins Elementary baseball field. Additionally, the District agrees to
reimburse the City for labor and materials required to make a limited number of repairs to
remedy outstanding construction issues and mitigate future concerns regarding aspects of
the facility that deviate from city standards. This Memorandum will outline how the City
and CUSD will work cooperatively to address those issues and concerns.
The Role of the City of Cupertino
The Collins Elementary baseball field was completed on July 23, 2014. The field was
inspected on that date by the City and several punch list items were found that did not
meet the City's standards. The general contractor that constructed the field does not have
the capacity to make these final repairs to the field. The City will make all the necessary
repairs to the field, including repairs to irrigation, adjustments to irrigation, repairs to
turf, and repairs to infield. The City will track all of the labor hours and material costs
required to address the remaining items of concern.
The Role of Cupertino Union School District
CUSD agrees to reimburse the City for all labor and materials required to bring the
Collins Elementary field up to City standards, up to an agreed upon dollar limit.
Cost Recovery Section
The City will track all of the labor hours and material costs to be submitted to CUSD for
reimbursement. The agreed-upon dollar limit for reimbursement to the City will be a not-
to-exceed amount of $15,000.00.
Term of Memorandum
This Memorandum of Understanding will be in effect as of the date below and shall
remain in full force and effect for six (6) months from that date and shall be automatically
be terminated thereafter. It may be renegotiated at any given time at the request of either
Party.
MOU City ofCupe11ino and Cupertino Union School District /Collins Baseball Field Repairs~ Page I
Indemnification
The Parties agree that all losses or liabilities incurred by either Party as a result of the
Pmiy's performance of its responsibilities under this MOU shall not be shared pro rata,
but instead the Parties agree that each Party shall indemnify, demand, and hold the other
harmless from any claim, expense or cost, damage, or liability arising out of, or in
connection with, the performances of its responsibilities pursuant to this MOU.
Amendments
Amendments to the terms and conditions of this MOU shall be effective only upon
mutual agreement in writing by the Parties hereto. The Office of the City Manager has
the authority on behalf of the City to execute any amendments pertaining to the
operational issues of this agreement.
Independent Contractor
CUSD shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors, and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between this local government and CUSD. No
person performing any of the work or services described hereunder shall be considered an
officer, agent, servant, or employee of a local government, agency, nor shall any such
person be entitled to any benefits available or granted to local government employees.
Insurance
Each party shall maintain its own insurance coverage, through commercial insurance,
self-insurance, or a combination thereof, against any claim, expense, cost, damage or
liability arising out of the performance of its responsibilities pursuant to this MOU.
Notices
All notices required to be given pursuant this MOU shall be in writing and shall be
delivered in person, delivered by electronic facsimile, or deposited in the United States
mail, ce1iified mail, return receipt requested, addressed to the Parties as set forth below:
City of Cupertino
Public Works Department/Grounds Maintenance Department
10300 Torre Ave, Cupertino, CA 95014
FAX (408) 777-3336
PHONE (408) 777-3335
Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
FAX (408) 865-0326
PHONE (408) 252-3000 x344
MOU City of Cupertino and Cupertino Union School District /Collins Baseball Field Repairs~ Page 2
In Witness Whereof, the City of Cupertino, and Cupertino Union School District have
executed this MOU on the dates indicated below.
Entered into agreement by:
David Brandt
City Manager
Chief Business
Date:
L( /d'1/1~
t Date:
MOU City of Cupertino and Cupertino Union School District /Collins Baseball Field Repairs -Page 3