MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HAYWARD AND THE HAYWARD AREA RECREATION AND PARK DISTRICT REGARDING TWIN BRIDGES PARK BASKETBALL COURT RENOVATIONS This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into as of this _________ day of ________________, 2024, hereafter referred to as the "Effective Date," by and between the CITY OF HAYWARD, a municipal corporation, located in the County of Alameda, State of California, hereinafter designated as "City," and the HAYWARD AREA RECREATION AND PARK DISTRICT, an independent special district organized pursuant to the laws of the State of California, hereinafter designated as "District."
RECITALS
WHEREAS, Chapter 4 of Division 5 of the Public Resources Code of the State of California authorizes and empowers any city and recreation and park district to cooperate with each other and to that end enter into agreements with each other for the purpose of establishing community recreation programs and facilities; and WHEREAS, District is the local parks and recreational service provider for the City of Hayward; and WHEREAS, District and City have a shared vision and mutual interest in providing Hayward residents with the opportunity to participate in recreation activities and access high-quality outdoor areas and developing a unified equitable approach to serving the community's recreational and outdoor needs; and WHEREAS, since December 1944, District and City have collaborated to address youth and community needs for developing and maintaining parks and open spaces and providing recreational opportunities; and WHEREAS, after a successful competitive bidding process, on July 15, 2024, District awarded a contract to American Asphalt and Repair and Resurfacing, Inc. (the “Contractor”) to renovate basketball and tennis courts at various parks throughout Hayward; and, WHEREAS, one of the parks included in the bidding process is Twin Bridges Park, located at 301 Arrowhead Way in Hayward and which is maintained by District pursuant to the terms and conditions set forth in the Maintenance of Understanding dated July 1, 2024 (the “2024 MOU”), and capital investment and maintenance costs are funded by property owner assessments collected through a Landscape and Lighting Assessment District; WHEREAS, Section 8 of the 2024 MOU provides that District shall not make any improvements to Twin Bridges Park unless approved in writing by the City Manager, or designee, and if so approved, then the parties will enter into an amendment to the 2024 MOU or into a separate agreement setting forth the terms and conditions for the construction or installation of the improvements; WHEREAS, City and HARD desire to enter into this MOU to evidence the City Manager’s approval of the improvements to the basketball court at Twin Bridges Park, as more fully described herein, and to set forth the terms and conditions for the construction of those improvements.
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter contained, it is mutually agreed by and between the parties hereto as follows:
AGREEMENT
City and District hereby enter into this MOU regarding funding for Twin Bridges Park basketball court renovations, under the following terms and conditions:
Term. The term shall commence on the Effective Date and shall terminate once the Scope of Services, as described in Section 2, below, is completed and the park renovations are accepted by City as set forth in Section 4, below.
Scope of Services. The Scope of Services shall consist of the renovations to the basketball court at Twin Bridges Park as more fully described in the Memorandum dated June 28, 2024, re: Project 4-042-35 Basketball and Tennis Court Renovations – Phase 2 Twin Bridges Park, which is attached hereto as Exhibit “A” and incorporated herein by reference (the “Scope of Services” or “Park Renovations”). District will manage the construction contract with the Contractor in accordance with the specifications written for Project 4-042-35 for Twin Bridges Park and the Scope of Services.
City Manager Approval. The City Manager, or designee, by execution of this MOU, hereby approves the Park Renovations to Twin Bridge Park as set forth herein. This provision is intended to satisfy Section 8 of the 2024 MOU.
City Acceptance of Work. District shall provide written notice to City upon Contractor’s completion of the construction of the Park Renovations and City shall have ten (10) days thereafter to inspect the Park Renovations. City shall, within said 10-day period provide written notice to District either accepting the work or identifying any items of the Scope of Services that have not been completed or that have not been performed satisfactorily. District shall direct the Contractor to satisfactorily complete the Scope of Services; however, Contractor’s work shall not increase the cost of the work authorized hereby, unless approved in writing by City. If City fails to provide the written notice within the 10-day period, then the park renovations will be deemed approved by City.
City Reimbursement of Costs. District shall pay Contractor for the performance of the Scope of Services following Contractor’s completion of the Park Renovations and City’s acceptance thereof. District shall thereafter make a written request to City for reimbursement for the total payments made to Contractor as described in Section 6, below (the “Reimbursement Request”). Total reimbursement for District’s payments to Contractor shall not exceed Eighty-five Thousand, Four Hundred Dollars ($85,400.00). City hereby agrees to pay District the amount set forth in District’s Reimbursement Request within thirty (30) days of City receipt thereof and the documents identified in Section 6, below.
Billing. District will bill City for reimbursement once the Scope of Services is completed and the Park Renovations have been accepted by City. The request for reimbursement shall include:
Invoice(s) received from Contractor and paid by District for the Park Renovations completed at Twin Bridges Park Pictures of the renovated basketball court
Any other related documentation, as necessary, such as notice of completion of work The request for reimbursement should be addressed to:
City of Hayward
c/o MSD: Landscape Maintenance Division
Manny Grewal, Management Analyst
[email protected]
Ownership of Renovations. Upon City’s reimbursement to District of the amount of the request for reimbursement for District’s payment(s) to Contractor as described in Section 5, above, City shall own the Park Renovations and District shall have no ownership interest therein. District shall maintain and repair the Park Renovations as it maintains and repairs other portions of Twin Bridges Park pursuant to the terms and conditions of the 2024 MOU.
Notices. All notices herein provided to be given or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage fully prepaid, and addressed to the other party at the following address:
City District
City of Hayward Hayward Area Recreation and Park District c/o City Manager c/o General Manager
777 B Street 1099 E Street
Hayward, CA 94541 Hayward, CA 94541
Such mailing address may be changed by either party by giving written notice thereof to the other party as herein provided.
Dispute Resolution. The Parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this MOU, subject to the following provisions:
a) A party desiring to meet and confer shall so advise the other party pursuant to a written notice; b) Within fifteen (15) days after provision of that written notice by the party desiring to meet and confer, or some other date mutually agreed by the parties, the parties shall meet in person and attempt to amicably resolve their dispute. Each party shall send to the meeting a person with the ability to resolve the dispute or to make a recommendation to the General Manager/City Manager to resolve the dispute; c) The parties shall participate in mediation for any dispute that remains unresolved. The mediator shall be selected by mutual agreement of the parties. The costs of the mediator shall be equally shared by the parties. Each party shall otherwise bear its own costs and attorneys' fees related to the mediation; and d) No party shall file a legal action without first complying with the provisions of this Section 9. The statute of limitations shall be suspended during the duration of the dispute resolution process.
Entire Agreement. This MOU constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.
Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of California. Any action to interpret or enforce the term of this MOU shall be filed in the Superior Court of Alameda County. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees and court costs.
No Third-Party Beneficiaries. It is the intention of the parties that under no circumstances are any rights created for persons or entities who are not parties to this MOU and District and City owe no duty to any persons or entities not parties to this agreement under a third-party beneficiary theory or under any other theory of law.
Invalidity. If any provision of this MOU shall be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law.
Counterparts. This MOU may be executed in counterparts, each of which shall constitute an original of the agreement. Signatures delivered electronically or by facsimile shall be as binding as original signatures upon the parties so signing and delivering.
IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be lawfully executed as of the Effective Date.
HAYWARD AREA RECREATION AND PARK DISTRICT
By: Date: James Wheeler, General Manager
Attest:
Secretary, Board of Directors
CITY OF HAYWARD, a Municipal Corporation
By: Date: Dustin Claussen, Interim City Manager Attest:
Miriam Lens, City Clerk
Approved as to form: Date: City Attorney for City of Hayward Exhibit A: Memo dated June 28, 2024
ATTACHMENT III