HomeMy WebLinkAboutReso - CC - 030-2009RESOLUTION NO. 30-2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BURLINGAME APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY
OF BRISBANE FOR THE SERVICES OF A DIRECTOR OF
PARKS AND RECREATION
WHEREAS, as a result of the retirement of its Director of Parks and Recreation, the City
of Burlingame requires the services of a Director of parks and recreation; and
WHEREAS, in order to provide said Park and Recreation Director services and
concurrently to reduce overall City expenditures, the City is interested in sharing the services of a
Director of Park and recreation with another city; and
WHEREAS, the City of Brisbane is willing to share with, and provide to, the City of
Burlingame, the services of Brisbane's Director of Park and Recreation on a fifty-fifty time share
basis.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AND ORDERS AS FOLLOWS:
1. The City Council approves the agreement with the City of Brisbane for its provision
of Park and Recreation Director services to the City of Burlingame.
2. The City Council authorizes the Mayor to execute an agreement for such services
with the City of Brisbane, in the form attached hereto as Exhibit "A" and
incorporated herein.
Ann Keighran, Pddyor
I, Maty Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame
City Council held on the 6U' day of April, 2009, by the following vote to wit:
AYES: Councilmembers BAYLOCK, DEAL, KEIGHRAN, NAGEL, O'MAHONY
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary Ellen Kearney, City Cl k
AGREEMENT BETWEEN THE CITY OF BRISBANE
AND THE CITY OF BURLINGAME FOR SHARING
OF PARKS AND RECREATION DIRECTOR SERVICES
THIS AGREEMENT, effective as of April 15, 2009, by and between the CITY OF
BRISBANE ("Brisbane") and the CITY OF BURLINGAME ("Burlingame"), is made with
reference to the following facts:
A. Burlingame desires to obtain the services of a parks and recreation director.
B. Brisbane is willing to provide such services by sharing with Burlingame the
position of Director of Parks and Recreation, now occupied by Brisbane employee Jim
Skeels, as hereinafter set forth.
NOW, THEREFORE, the parties agree as follows:
1. Sharing of Services. Jim Skeels shall act as the Director of Parks and
Recreation for both Brisbane and Burlingame, with approximately half of his total working
time being devoted to each agency. Jim Skeels has been designated by Brisbane and
accepted by Burlingame as the person to provide the services to Burlingame under this
Agreement. Brisbane shall not assign any other person to provide those services without
the prior written consent of Burlingame.
2. Employment of Jim Skeels by Brisbane. Jim Skeels shall at all times during
the term of this Agreement remain a full-time employee of Brisbane and shall continue to
receive all of his salary, health insurance, and other employment benefits from Brisbane.
Brisbane shall maintain Workers' Compensation coverage for Jim Skeels as required by
California law. During the course of this Agreement, it is expected that Jim Skeels will
take time off from employment for eligible leaves as provided under Brisbane's applicable
personnel rules and regulations. Burlingame agrees that such leaves will not constitute a
breach of this Agreement, and Brisbane agrees that it will provide reasonable notice of all
scheduled leaves as well as prompt notice of all unscheduled leaves. It is understood that
Jim Skeels may elect to leave the employment of Brisbane at any time. In such event,
Brisbane shall provide prompt notice of such departure to Burlingame and either city may
elect to terminate this Agreement upon the departure of Jim Skeels from Brisbane
employment.
3. Services for Burlingame. Jim Skeels shall perform the customary and usual
duties of Director of Parks and Recreation for Burlingame and shall report directly to the
Burlingame City Manager. His duties shall also include:
(a) Evaluate the organization and operation of the Burlingame Parks and
Recreation Department and provide recommendations to the City Manager.
Such evaluations and recommendations shall include departmental
organization, job responsibilities, program content, cost recovery, and staff
inter -personal relationships.
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(b) Attend regular and special meetings of the Burlingame Parks and Recreation
Commission. Brisbane and Burlingame shall make every effort to schedule
meetings of their respective commissions in a manner that will avoid
conflicting dates.
(c) Supervise personnel staffing the Youth Advisory Council and the
Beautification Commission and attend meetings of such groups when
required.
(d) Such other responsibilities as may be assigned to him from time to time by
the Burlingame City Manager, consistent with his position as Director of
Parks and Recreation.
4. Term of Agreement. The term of this Agreement shall commence on April 15,
2009, and shall continue on a month to month basis until terminated by either party giving
thirty (30) days written notice to the other.
5. Payment. Burlingame agrees to pay Brisbane one half of the costs of Jim
Skeel's total salary and benefit package. As of the effective date of this Agreement,
Burlingame's financial obligation to Brisbane for services provided by Jim Skeels pursuant
to this Agreement would be $ on an annual basis, and shall be payable in
arrears in monthly installments in response to invoices from Brisbane showing the amount
due for the preceding month. In the event an invoice covers only a portion of the month, the
amount shall be pro -rated based upon the actual number of days in that month. Invoices
shall be paid by Burlingame within 30 days after receipt. Any proposed adjustment by
Brisbane to this financial obligation during the term of this Agreement shall be submitted
to Burlingame for prior approval at least 60 days prior to the effective date of the
adjustment.
6. Independent Contractor. It is understood that Brisbane and its employees, in
the performance of the services agreed to be performed hereunder, shall act as and be an
independent contractor and not an agent or employee of Burlingame. As an independent
contractor, no employee of Brisbane shall obtain any rights to retirement benefits, medical
benefits, leave, or any other benefits that accrue to Burlingame employees. Brisbane
agrees to make its employees available to testify in any litigation brought regarding the
subject of the work performed for Burlingame under this Agreement. Should such need
arise following the termination of this Agreement, Brisbane shall be compensated for its
employees' costs and expenses in preparing for, traveling to, and testifying in such matters
at its then current hourly rates of compensation, unless such litigation is brought by
Brisbane or is based on allegations of Brisbane's negligent performance or wrongdoing.
7. Indemnification. Except as expressly authorized by the parties, neither party
shall be responsible for the acts and omissions of another partys officers or employees nor
shall a party incur any liabilities arising out of the services and activities of another party's
officers or employees.
8. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may have
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