HomeMy WebLinkAboutReso - CC - 086-2013RESOLUTION NO. 86-2013
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING THE AGREEMENT FOR JOINT USE, MAINTENANCE,
OPERATION, AND FOR MAINTAINING A STRONG COLLABERATIVE
RELATIONSHIP BETWEEN THE CITY OF BURLINGAME AND THE
BURLINGAME SCHOOL DISTRICT
WHEREAS, the Parties exist to serve compatible community needs of the same
residents; and
WHEREAS, the citizens of Burlingame elect representatives to the two
different governmental entities to serve as policy makers for their respective
responsibilities of education and city services; and
WHEREAS, the Parties agree that Burlingame's residents expect that
governmental agencies will maintain cooperative and supportive relationships that will
serve as a basis for collaboration to better serve the community; and
WHEREAS, the Parties have worked together well in the past, and continue to
desire to work together in the future to provide facilities and support for appropriate
recreation and after-school programs, crossing guards and other services for the benefit of
Burlingame's citizens; and
WHEREAS, the provisions of California Education Code sections 10900 through
10914.5, inclusive, (the "Community Recreation Act") support joint action by City and District
to organize, promote and conduct programs in order to improve the health and general welfare of
the citizens of the City of Burlingame, to cultivate the development of good citizenship by
provision for adequate programs of community recreation; and
WHEREAS, the City Council has realized the financial support to the District by
allocating funds annually in the City budget to support the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
1. The City Council finds that all of the facts recited above and stated in the staff
report are true and correct.
2. The City Council hereby approves and authorizes the City Manager to execute
the Agreement for Joint Use, Maintenance, Operation, and for Maintaining a
Strong Collaborative Relationship Between the City of Burlingame and the
Burlingame School District.
Ann eighran Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the Burlingame City Council
held on the 21 st day of October, 2013, and was adopted thereafter by the following
vote:
AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary Ell n Kearne ,City Clerk
Agreement for Joint Use, Maintenance, Operation, and for
Maintaining a Strong Collaborative Relationship Between
The City of Burlingame and
The Burlingame School District
This Agreement is entered into as of July 1, 2013 (the "Effective Date") by and between
the City of Burlingame (the "City") and the Burlingame School District (the "District")
(Together, "Parties").
Recitals
A. Whereas the Parties exist to serve compatible community needs of the same
residents; and
B. Whereas the citizens of Burlingame elect representatives to the two different
governmental entities to serve as policy makers for their respective responsibilities of
education and city services; and
C. Whereas the Parties agree that Burlingame's residents expect that
governmental agencies will maintain cooperative and supportive relationships that will
serve as a basis for collaboration to better serve the community; and
D. Whereas the Parties have worked together well in the past, and continue to
desire to work together in the future to provide facilities and support for appropriate
recreation and after-school programs, crossing guards and other services for the benefit
of Burlingame's citizens; and
E. Whereas the community's needs are best served through cooperation among
elected and appointed public officials; and
F. Whereas, the provisions of California Education Code sections 10900 through
10914.5, inclusive, (the "Community Recreation Act") support joint action by City and
District to organize, promote and conduct programs in order to improve the health and
general welfare of the citizens of the City of Burlingame, to cultivate the development of
good citizenship by provision for adequate programs of community recreation; and
G. Whereas the City acknowledges that between 2009 and 2011 the District has
expended over $2.5 million to improve the District facilities that are subject to this
Agreement, including installing synthetic fields; and
H. Whereas both the Parties understand and acknowledge the financial
challenges and realities presented by the severe economic recession and the need for
each agency to maximize its potential revenue stream in order to meet the core of their'
respective missions, and
I. Whereas the elected and appointed officials for each entity are called upon to
use their in-depth knowledge to prioritize the allocation of financial resources to respond
to competing community demands for their respective responsibilities of education and
city services.
NOW, THEREFORE, THE PARTIES AGREE TO THE FOLLOWING:
1. Description of Joint Services. Set forth as Exhibit A to this Agreement is a
description of some of the resources invested by each party, and the operating
guidelines currently followed by the Parties, to provide recreation and after-school
programs, crossing guards and other services requiring cooperation between the
Parties for the benefit of the citizens of Burlingame (the "Joint Services"). This
description is not meant to be exhaustive of all the areas in which the Parties currently
work together for the benefit of Burlingame's citizens. The Parties agree that as of the
date of this Agreement, the contributions made by each party to the Joint Services are
appropriate.
2. Changes in Contributions to Joint Services. The Parties acknowledge that
circumstances can change and that either the City or the District may request a revision
in the resources contributed to the Joint Services or the operating guidelines concerning
such Joint Services. Should that be the case, both parties agree to work through the
City -District Liaison Committee (the "Liaison Committee") to discuss the proposed
revision. The Liaison Committee shall meet at least once annually, at a time and place
agreed to by the Parties.
3. Rules of Conduct. In order to achieve and maintain the desired collaborative
relationship between the Parties, the Parties agree that the elected and appointed
officials for each entity will act according to the following guidelines:
a) The parties will use the Liaison Committee as the forum to communicate
and gain information to better understand any issues that may arise between the Parties
pertaining to the Joint Services.
b) Each party will provide timely notice to the other when circumstances
may require a change in the delivery of the Joint Services. If circumstances so require,
the Parties agree to convene an emergency meeting of the Liaison Committee to
discuss the proposed change.
c) In the event that an issue pertaining to the Joint Service cannot be
resolved to the satisfaction of the City and the District after they have used their best
efforts to address the matter through the Liaison Committee, the City and the District will
promptly convene a joint meeting of all available members of their respective governing
boards to discuss the issue further (the "Joint Meeting'). The Parties agree to use their
best efforts to keep their discussion of the issue in dispute to the following
circumstances:
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(i) By an official who serves on the Liaison Committee, while he or she
provides a factual update about the issue during a public meeting of
his or her governing board;
(ii) At the Joint Meeting;
(iii) At a public meeting of his or her governing board that takes place
subsequent to the Joint Meeting; and
(iv) At any time following a determination by a majority vote of that
official's governing board that it is appropriate to comment publicly
about the issue.
d) Unless required by statutory requirements, regulatory requirements, or
other applicable authority with jurisdiction related to the party's actions, no action will be
taken by either party pertaining to the Joint Services until the parties have used their
best efforts to address the matter through the Liaison Committee and the Joint Meeting.
e) The elected and appointed officials of each party will take positive steps
to encourage adherence to this Agreement. For example, should an official observe
behavior by one of his or her colleagues that is not in accord with this Agreement (e.g.,
discussing a matter publicly except as permitted above), the official will ask his or her
colleague to refrain from such behavior.
4. Term. This Agreement shall commence as of the Effective Date, shall
continue until June 30, 2015 unless the Agreement is otherwise terminated. In the
event either party does not want to renew this Agreement, the parties agree to discuss
the matter at a Liaison Committee within thirty (30) days following the notice of
termination as indicated herein.
5. Termination. City or District may terminate this Agreement at any time by
written notice of election to terminate delivered to the other party at least ninety (90)
days in advance of the effective termination date elected.
6. Operative Provisions. The Parties agree that the following provisions are
applicable to this Agreement and to the terms indicated in Exhibit A, which is
incorporated herein by this reference.
a) Responsibility for Supervision. City shall be responsible for supervision
and control at all times when the District's facilities are used by City. The District shall
be responsible for supervision and control at all times when the City's facilities are used
by the District.
b) Fingerprinting and Criminal Background Verification. If City uses any
portion of the District's facilities during school hours, City shall be responsible for
ensuring compliance with all applicable fingerprinting and criminal background
investigation requirements for its employees described in Education Code section
45125.1, which may be met under the fingerprinting provisions of Title 22 of the
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California Code of Regulations and applicable provisions of the California Health and
Safety Code relevant to community care facility licensing (Health & Safety Code, § 1500
et seq.).
c) HoIJ Harmless/Indemnification
(i) City Indemnification Obligations. To the fullest extent permitted by
California law, City shall defend, indemnify, and hold harmless
District, its agents, representatives, officers, consultants,
employees, trustees, and volunteers (the "District Parties") from any
and all losses, liabilities, claims, suits, and actions of any kind,
nature, and description, including, but not limited to, attorneys' fees
and costs, directly or indirectly arising out of, connected with, or
resulting from the performance of this Agreement or from any
activity, work, or thing done, permitted, or suffered by City in
conjunction with the performance of this Agreement or on the
School Site, to the extent caused by the negligence or willful
misconduct of the City, its agents, representatives, officers,
consultants, employees, trustees, and volunteers (the "City
Parties"); and in case any action or proceeding be brought against
District, City shall defend the same at City's expense, including
counsel acceptable to District.
(ii) District's Indemnification Obligations. To the fullest extent
permitted by California law, District shall defend, indemnify, and
hold harmless the City Parties from any and all losses, liabilities,
claims, suits, and actions of any kind, nature, and description,
including, but not limited to, attorneys' fees and costs, directly or
indirectly arising out of, connected with, or resulting from the
performance of this Agreement or from any activity, work, or thing
done, permitted, or suffered by District in conjunction with the
performance of this Agreement or on the School Site, to the extent
caused by the negligence or willful misconduct of the District
Parties; and in case any action or proceeding be brought against
City, District shall defend the same at District's expense, including
counsel acceptable to City.
d) Liability Insurance. City and District shall, during the term of this
Agreement, each maintain in force, a combined, single -limit liability insurance policy in
the amount of not less than two million dollars ($2,000,000) with the other party, its
employees and agents, named as additional insured under those policies. All policies
shall provide for a thirty (30) day written notice of any cancellation or reduction of that
insurance. A party may satisfy this obligation by providing to the other party, evidence
of self-insurance and of participation in a liability "pool" for excess liability coverage. In
addition, the self-insured party shall provide the other party an "additional insured"
endorsement naming the other party as an additional covered party.
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e) Entire Agreement of Parties. This Agreement constitutes the entire
agreement for the joint use of the District's facilities between the Parties and
supersedes all prior discussions, negotiations and agreements, whether oral or written.
This Agreement may be amended or modified only by a written instrument executed by
both Parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date set forth above.
CITY OF BURLINGAME
By:
Name:
Title:\ i i
Date: \O�W, � -�,
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BURLINGAME ELEMENTARY
SCHOOL
By:
Name:
Title:
Date:
Exhibit A
Description of Joint Services
A. Recreation Programs and Field Maintenance
1. Use and Scheduling of BIS and Franklin Fields
a. The City shall be responsible for scheduling the use of the athletic
fields at Burlingame Intermediate School ("BIS") and Franklin
Elementary School (collectively, the "Fields") by the District, City,
nonprofit organizations and other potential users during all non -school
hours, such as after school, weekends and vacation periods. "Non -
school hours" does not include any time when the District uses the
Fields for either District activities or District -sponsored after-school or
extra -curricular activities ("District Use"). The District shall notify the
City field scheduling representative in a timely manner as to the
District's intended field use.
b. All Fields use shall be pursuant to and compliant with the Civic
Center Act (Education Code section 38130 et seq.) Use of the
District's facilities, including, without limitation, access times, cost, and
insurance coverage shall be in accordance with the Civic Center Act
and policies and procedures of the District governing public use of
District facilities.
c. City will use their best efforts to achieve a fair and equitable
allocation of field time among all user groups with regards to the use of
the Districts fields (Osberg and Franklin).
d. For all use except for District Use, the City is also responsible for
charging the applicable fees for use of the Fields, as shown on the
City's and District's facilities rate schedule, which may be reviewed and
updated at any time by the District and City following a Liaison
Committee discussion. The Parties agree to review and update the
facilities rate schedule at least once per year.
e. Recognized Youth User Groups Field Fees. All fees collected by
the City for all non -District use by Recognized Youth User Groups,
shall be split evenly between the City and the District after the first
$50,000, which is retained entirely by the City. The City shall pay to
the District once a year, at the end of May, the District's percentage of
the fees collected for the previous year. Note: nonprofit youth user
groups get priority use of the fields.
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f. Field Rental Fees. All fees collected for field rentals of Osberg and
Franklin by all other groups (except Non -Profit Recognized Youth User
Groups as stated in e.) will be charged at a fee set by the District. The
District will provide the City with their fee schedule. The City shall pay to
the District, the fees collected for the previous year once a year, at the
end of May, minus a 10% handling fee.
2. City's Field Maintenance Responsibilities
a. The City has agreed to maintain, repair and keep in good condition the
McKinley and Roosevelt Fields at the City's sole expense, except for
gopher treatments, which the City is unable to perform at this time due to
licensing requirements. Identified hazardous conditions will be remedied
following consultation and agreement between the City's and the District's
administrators. The City will also provide trash pick-up at BIS/Osberg and
Franklin fields on a weekly basis.
b. The maintenance of the Fields will be performed in a manner so as to
cause the least disruption possible to District Use. The City agrees to
consult the District about any maintenance projects that could potentially
disrupt instruction or other District Use. The District shall be responsible
for scheduling the use of gymnasiums, multipurpose rooms, libraries, and
other common areas or vacant classrooms by the District, City, nonprofit
organizations and other potential users.
3. Use of Other Facilities
c. The School District will give the City first priority for use of classrooms and
gymnasiums when they are not being used for School District
sponsored/staffed activities. The City will submit their school year
requests by June 1 and their summer requests by February 1 of each
year. The District will confirm the schedule request for the school year by
July 1 and the summer request by March 1.
d. The City will give the District first priority for use of City facilities when
they are not being used for City activities. The parties will not charge
each other any additional fees for use of facilities provided for under this
Agreement, or for maintenance personnel associated with such use,
unless such use results in required overtimes costs.
e. The District will not unreasonably withhold use of any of its
gymnasiums, multipurpose rooms, libraries, and other common areas or
vacant classrooms from the City.
f. Facility Use Fees. In addition to the percentage of the Recognized
Youth Field User fees that the City shall pay twice a year to the
District, the City shall pay District ten percent (10%) of the activity fees
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for each participant enrolled in a City program conducted at any of the
District's facilities. Such payment will be made once a year in May.
Expansion of Partnership
The School District will make available additional gym space and
classroom space to accommodate City programs as reasonable.
Space will be made available at all school sites — BIS, Franklin,
Lincoln, McKinley, Roosevelt and Washington. The reason for the
increased need for space is two -fold:
a. Desire to continue to grow and increase City programs throughout
the city in locations close and convenient to all residents
b. Replacing space currently utilized at Burlingame High School that
has become cost prohibitive
In consideration for the District's provision of additional space and in
recognition of the long standing free use of District facilities, the City
agrees to provide additional payment to the District equal to the amount of
the annual storm drainage fee paid by the District to the City; however in
lieu of such payment or portion thereof, and by mutual agreement, the
parties may opt to provide consideration of equal value.
4. City and District Liaisons
a. City agrees to appoint its Parks and Recreation Director as a liaison
to the District. City staff give a report no later than June 30th of each
year summarizing the recreation programs held at the District's
facilities, and the City's maintenance of all District fields, during the
preceding school year.
b. The District agrees to appoint one of its principals or administrators
as a liaison to the City. Such person, together with such other District
staff as the District shall deem appropriate, shall be responsible for a
report before the City Council no later than June 30th of each year
summarizing the District's perspectives on the recreation programs
held on District facilities, and the City's maintenance of all District
fields, during the preceding school year.
c. The City and District agree to establish a working committee
consisting of District (2), City (2) and community (2) members to
discuss the enrichment and athletic programs being offered at District
school sites. Members of the City/District Committee will be mutually
agreed upon by both parties. An annual survey will be sent out to
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evaluate the program and the committee will review and report on
results.
B. Police Safety Services
The City will fund one crossing guard per each public school in the BSD System
for the safety of students and other pedestrians crossing major intersections along
highly traveled school routes during arrival/departure hours. If the District
requests additional crossing guards, the cost will be shared 50/50 between the
City and the District. Such requests must be approved by the Council but
approval will not be unreasonably withheld or without the opportunity to discuss
the matter between the parties.
A District representative will confirm the requested locations of the crossing
guards in April for the coming school year. The City, through its Police
Department, shall retain control over administration of any contract for crossing
guard services. In addition, the City shall, at its expense and through its Police
Department, provide police resources for BIS to handle crime prevention
programs and police incidents involving students.
C. Community Events
The District shall continue to support significant community events, such as the
Holiday Tree Lighting, where the District provides staging and other equipment for
student musical presentations for this long-standing holiday event. In addition the
District shall continue to distribute information through flyers and student
newsletters for City -offered recreation programs and other City -offered community
events, such as the shoreline and downtown volunteer clean-up events.
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