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HomeMy WebLinkAboutReso - CC - 048-1999RESOLUTION NO. 48-1999 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE BURLINGAME ELEMENTARY SCHOOL DISTRICT FOR THE OPERATION OF THE 1999 SUMMER ENRICHMENT PROGRAM RESOLVED by the City Council of the City of Burlingame, California, and this Council does hereby FIND, ORDER AND DETERMINE as follows: The public interest and convenience require the cooperation of the City of Burlingame and the Burlingame Elementary School District and the execution of the agreement cited in the title above. 2. The City Manager shall be, and is hereby authorized to submit said application and sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. I, JUDITH A. MALFATTI, 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 17th day of MAY AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: and was adopted thereafter by the following vote: GALLIGAN, JANNEY, KNIGHT, O'MAHONY NONE AGREEMENT FOR SUMMER ENRICHMENT PROGRAM THIS AGREEMENT, made and entered into this _ day of 1999, by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter referred to as "CITY" and the Burlingame Elementary School District, hereinafter, hereinafter referred to as "DISTRICT", WITNESSETH: WHEREAS, City and District desire to provide students in kindergarten through twelfth grades and adults with the opportunity to participate in a summer enrichment program of educational classes for children and community theater for adults and children, excluding such recreational activities as camps and/or day care, as hereinafter set forth; and WHEREAS, City and District intend by this Agreement for City to deposit program revenues and pay authorized program costs, with the assistance and cooperation of District as set forth herein; NOW, THEREFORE, IT 1S HEREBY AGREED as follows: 1. 1999 Program The 1999 Summer Enrichment Program shall begin on Monday, June 14, 1999, and end on Sunday, July 25, 1999. The schedule and content of said program shall be prepared by District. District shall select the school facilities to be used for the program and shall provide such custodial and maintenance services as may be necessary. District will prepare promotional materials and arrange for distribution through its schools and to other families residing in Burlingame. City concurrence shall be obtained before the program content, facilities selection and promotional materials are finalized. 2. Staff SeleCtion District shall select the school site coordinator, as well as all instructors and program aides. District shall insure that all persons 18 years of age or older are fingerprinted and checked for eligibility to work with children, as provided by the laws of the State of California. Costs for required checks or other such processing may be charged to the program. 3. Staff Contracts. District shall determine the compensation of all instructors and aides. Site coordinator, instructors and aides shall contract with District and shall sign such agreements as the District may provide. No person shall commence employment until such a contract is signed and approved by District, with all fingerprinting and other processing completed. 4. Registration. District will perform all student registration, including the collection of fees, and will insure that parent permission slips are signed for all students by parents or guardians. All checks shall be made out to the City of Burlingame. All registrations, lees and permission slips shall be forwarded to City by Monday, June 21, 1999. 5. Financial Arrangements All registration fees shall be deposited by City into City's general fund. At the conclusion of the program a financial accounting shall be prepared by City. In consideration of the services provided under this agreement, City will retain 5% of the gross funds collected. Alter payment of all staff and other costs by City, District will receive the balance of remaining finds as reimbursement for services provided hereunder. Payment shall be made to District no later than September 3, 1999. All paperwork and supporting documents will be available for review by the District. 6. Relationship of the Parties. It is understood that the instructors and staff are all contractors or employees of the District and City does not provide liability or worker's compensation insurance or benefits for any such persons. 7. Hold Harmless Agreement It is agreed that City shall defend, hold harmless, and indemnify District, its officers and employees from any and all claims for injuries or damage to persons and/or property, which arise out of the alleged negligence, intentional acts, or omissions of the City, its officers, employees, and/or volunteers in depositing, accounting or payment of funds, as provided in this Agreement. E It is agreed that District shall defend, hold harmless, and indemnify City, its officers and employees, from any and all claims for injuries or damage to persons and/or property, which arise out of this Agreement and which result from the alleged negligent acts, intentional wrongdoing, or omissions of the District, its officers, employees, and/or volunteers. In the event of concurrent alleged negligence of City, its officers and/or employees, and District, its officers, and/or employees, the liability for any and all claims for injuries or damages to persons and/or property which arise out of such concurrent negligence shall be apportioned according to the California theory of comparative negligence. 8. Assignment District shall not assign, sublet or transfer its interests in this agreement without the written consent of City. 9. Amendments This agreement may be amended or modified by written agreement signed by both parties, including the providing of a summer enrichment program in subsequent years. Failure on the part of either party to enforce any provisions of this agreement shall not be construed as a waiver or the right to compel enforcement of such provision or provisions. 10. Noticgs All notices shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage paid: Notices required to given to City shall be addressed: John Williams, Parks & Recreation Director City of Burlingame 850 Burlingame Avenue Burlingame, California 94010 Notices required to be given to District shall be addressed: Bob Peterson, Business Manager Burlingame Elementary School District 1825 Trousdale Drive Burlingame, California 94010 agreement. Said persons shall be representatives of City and District for all purposes of this 3 I I. Inlerpretatiou As used herein, any gender included each other gender, the singular includes the plural, and vice versa. Nothing contained in this Agreement is intended to, nor does it create, a joint powers agency as provided in the Government Code. 12. Venue The applicable law for any legal disputes arising out of this contract shall be the law of the State of California, and the forum and venue for such disputes shall be the appropriate Superior or Municipal Court in and for San Mateo County. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written CITY OF BURLINGAME A Municipal Corporation By City Manager ATTEST: By City Clerk APPROVED AS TO FORM By City Attorney BURLINGAME ELEMENTARY SCHOOL DISTRICT 0