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HomeMy WebLinkAboutReso - CC - 005-2021DocuSign Envelope ID: 9C3122A3-CB93-4628-98A4-20DF81 EA77AE RESOLUTION NO. 005-2021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE SECOND AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE SAN MATEO UNION HIGH SCHOOL DISTRICT FOR THE USE, OPERATION AND MAINTENANCE OF THE BURLINGAME HIGH SCHOOL AQUATIC CENTER WHEREAS, in June 2018, the District began construction to replace the swimming pool deck; the work was paused for several months when unknown structural defects in the pool shell were found; and WHEREAS, it was in the best interest of the District and City to demolish and replace the existing pool shells for the competition and warm up pools, demolish and install a new pool deck and associated underground utilities, and make renovations to the mechanical room; and WHEREAS, the pool opened in late 2019; shortly thereafter, the County issued a COVID-19 related shelter -in -place order, effective March 17, 2020, that greatly altered the use of the pool; and WHEREAS, the Second Amended and Restated Agreement between the City of Burlingame and San Mateo Union High School District for the Use, Operation and Maintenance of the Burlingame High School Aquatic Center (the "Second Amended and Restated Agreement") included a 12-month period (the One -Year Period) from the date of the filing of the Notice of Completion to determine the shared use of the pool, and until the completion of the One -Year Period, the cost sharing allocation was 50% City and 50% District; and WHEREAS, pool usage since March 17, 2020 has been skewed by the restrictions associated with the COVID-19 shelter -in -place orders, necessitating a modification to the One -Year Period; and WHEREAS, due to the unpredictability of the COVID-19 pandemic and restrictions set by the State of California and the County Health Department, the Parties will meet no later than the 2' quarter of 2021 to determine when to start the One -Year Period; and WHEREAS, the 50% City and 50% District cost share will continue until the completion of the modified One -Year Period; and WHEREAS, all other terms and conditions of the August 22, 2019 agreement remain in effect; and WHEREAS, the District Board of Trustees will consider approval of the Amendment to the Agreement on January 21, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS: The City Manager is authorized to execute the Amendment to the Agreement with the San Mateo Union High School District for the Burlingame Aquatic Center. DocuSign Envelope ID: 9C3122A3-CB93-4628-98A4-20DF81EA77AE r Ann O'Brien Keigh E20ayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 19th day of January 2021, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE "D"ocuSigned by: /uap�a,+ Jd'ai3ll SC�tavly 8D484C3D8OE7449... Meaghan Hassel -Shearer, City Clerk 2