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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. -1- (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 -2-