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HomeMy WebLinkAboutReso - CC - 007-2012RESOLUTION NO. 7-2012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BURLINGAME SCHOOL DISTRICT FOR THE JOINT USE OF CITY AND SCHOOL DISTRICT FACILITIES WHEREAS, for many years, the City of Burlingame and the Burlingame School District have had an agreement for the shared use of each other's facilities and the most recent agreement expired in October 2011; and WHEREAS, the City/District Liaison Committee met in November and discussion possible revisions and modifications to the Agreement; and WHEREAS, the Committee developed three general changes to the agreement which include 1) a term of eighteen (18) months, 2) establishment of a District/City/Community committee to discuss enrichment and athletic programs being offered at school district sites and 3) direction to City/District staff to develop a fair and equitable access policy for the use of school district athletic fields; NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve that it hereby approves and authorizes the City Manager to execute, an agreement with the Burlingame School District for the joint use of each entity's facilities, in the form attached hereto as Exhibit "A". �"4 - Jens eal, Maf r 1, 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 City Council held on the 6th day of February, 2012, and was adopted thereafter by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, NAGEL COUNCILMEMBERS: NONE COUNCILMEMBERS: KEIGHRAN Mary lifien Kearney, City Clerk ATTACHMENT A 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 January 10 2012 (the "Effective Date') by and between the City of Burlingame (the "C�iy") 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 and is expending 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: -2- (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. 2013 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 -3- 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) Hold 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. 151 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 BURLINGAME ELEMENTARY la Name: Title: M-2 SCHOOL DISTRICT Name: Title: Exhibit A Description of Joint Services A. Recreation Programs and Field Maintenance 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. Non — Profit Accredited User Groups Field Fees. All fees collected by the City for all non -District use by Non — Profit Accredited 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 twice a year, at the end of May and the end of November, the District's percentage of the fees collected for the previous six months. Note: nonprofit accredited user groups get priority use of the fields. IQ f. Field Rental Fees. All fees collected for field rentals of Osberg and Franklin by all other groups (except Non -Profit Accredited User Groups as stated in d.) 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, at the end of each quarter the fees collected for the previous quarter, 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. 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 Non -Profit -7- Accredited 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 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 there of, 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. B. Police Safety Services The City funds crossing guards at six (6) locations for the safety of students and other pedestrians crossing major intersections along highly traveled school routes. 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. M