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HomeMy WebLinkAboutReso - CC - 091-1999RESOLUTION NO. 91-1999 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING FIRST AMENDMENT TO AGREEMENT WITH SAN MATEO UNION HIGH SCHOOL DISTRICT FOR DEVELOPMENT, MAINTENANCE, OPERATIONS AND USE OF THE BURLINGAME HIGH SCHOOL AQUATIC CENTER RESOLVED, by the City Council of the City of Burlingame: WHEREAS, on September 15, 1997, by Resolution No. 75-97, the City Council approved an agreement with San Mateo Union High School District ("District") to jointly develop and operate an aquatic center at Burlingame High School to benefit the community; and WHEREAS, following that agreement and the beginning of construction, a donor came forward with an offer to provide funding for a larger pool that originally contemplated; and WHEREAS, in order to operate that larger facility, it is necessary to amend the Agreement with the District to provide for clearer oversight and responsibility for each party, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to execute the First Amendment to the Agreement for Development, Maintenance, Operations and Use of the Burlingame High School Aquatic Center between the City and the District generally as contained in Exhibit A hereto subject to approval as to form by the City Attorney. 2. The Clerk is directed to attest to the signature of the Manager. MAYOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a special meeting of the City Council held on the 25th day of August , 1999, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: KNIGHT FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT, MAINTENANCE, OPERATIONS AND USE OF THE BURLINGAME HIGH SCHOOL AQUATIC CENTER THIS FIRST AMENDMENT 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 SAN MATEO UNION HIGH SCHOOL DISTRICT of San Mateo County, hereinafter referred to as "DISTRICT" amends the Agreement for Development, Maintenance, Operations and Use of the Burlingame High School Aquatic Center that the parties entered into on the 19' of November, 1997, hereinafter referred to as the "Agreement." WITNESSETH WHEREAS, the parties have entered into the Agreement in order to fund and operate an Aquatic Center at Burlingame High School; and WHEREAS, a private donor has agreed to provide funding so that the Aquatic Center contains a larger swim pool than originally contemplated; and WHEREAS, this First Amendment is intended to provide the scheduling, supervision, and operation of the revised facility, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: A. For purposes of the Agreement as amended, "auxiliary building" means the building constructed at the CENTER to contain the mechanical room, snack bar/storage, CITY locker rooms, CITY restrooms, CITY office, and CENTER lobby/entrance. B. Section 3.b of the Agreement is amended to read as follows 3.b. Maintenance and Onerations of Completed CENTER The DISTRICT shall maintain the CENTER and CAMPUS, including turf, grounds, landscaped areas, buildings, parking lots, fences, sidewalks, and trees and shall continuously remove garbage, refuse, rubbish, litter and other solid waste pursuant to its normal procedures. Except as expressly provided below, the DISTRICT shall maintain and operate the CENTER including the locker rooms and offices and restrooms, swim pool tank, pool deck, swim pool water, mechanical rooms and systems in accordance with current State, County, and DISTRICT laws and standards for operation and maintenance of public swim August 20, 1999 pools. DISTRICT shall maintain detailed records of all expenditures of CENTER which include: water, electricity, gas, chemicals, materials, and other required supplies, including a 5 percent overhead charge. Both DISTRICT and CITY recognize that CITY programs and activities will be scheduled within the Aquatic Center at odd and unusual hours, beginning at 6:00 a.m, and continuing through 10:00 p.m. most days of the year, including many major holidays. CITY's schedule of activities may present significant problems for DISTRICT in the scheduling of custodial services for the inside of the auxiliary building. The Burlingame High School Plant Manager and the CITY's Recreation Superintendent shall meet, no later than 60 days prior to the opening of the Aquatic Center, and shall jointly arrange for custodial services for the interior of the auxiliary building (excluding the mechanical room area). Should DISTRICT staff be scheduled to perform custodial services in the interior of the auxiliary building, DISTRICT will bill CITY for 100% of the actual cost of providing such services. Should CITY choose to perform custodial services, all costs will be borne by CITY. C. Section 3.c.7 is amended to read as follows: 3.c.7. CITY and DISTRICT Usaee of Facilities The DISTRICT shall have the first priority for use on school days, between the hours of 8:00 AM and 5:00 PM. DISTRICT agrees that a minimum of eight (8) swim lanes can be made available for CITY or public use during the period 8:00 AM to 3:00 PM on school days. It is recognized that the DISTRICT may require the use of the entire CENTER between the hours of 3:00 and 5:00 PM for DISTRICT team practices on school days. Whenever possible, DISTRICT will advise CITY if other non -school activities can be scheduled in the CENTER during the 3:00 to 5:00 PM time period. DISTRICT will have priority to use up to a minimum of eight (8) swim lanes between the hours of 6:00 and 8:00 AM on school days for team practice sessions, if scheduled with CITY seven (7) days in advance of the anticipated use . DISTRICT agrees that CITY may use a minimum of eight (8) lanes for two hours during the period 11:00 AM to 1:30 PM on school days. The CITY shall have priority use during all evening, weekend, DISTRICT holiday and vacation periods. In addition, CITY shall have first priority for CENTER use from 6:00 to 8:00 AM and from 5:00 PM to 10:00 PM on school days. During its assigned time periods, CITY will make every attempt to accommodate DISTRICT interscholastic competitions when notice is given to CITY 90 days prior to the proposed event. When CITY is notified by DISTRICT of a proposed interscholastic competition less than 90 days prior to the date requested, CITY shall meet with DISTRICT and consider that request. DISTRICT requests for practices or other activities during the CITY's assigned time periods will be considered by CITY on a space available basis. 2 August 20, 1999 The DISTRICT and the CITY agree that at all times when DISTRICT or CITY programs are utilizing the CENTER, adequate supervision of the swim pools, the deck areas and building areas will be provided by the respective agency. Whenever the pools are in use, the responsible agency shall ensure that an appropriate number of persons certified in water safety are present and responsible for the use activity. CITY shall be responsible for the operation and supervision of the interior of the auxiliary building, including building entry area, locker rooms, restrooms, offices and storage/snack bar area but excepting the mechanical room. Upon request by DISTRICT, CITY shall make the appropriate auxiliary building interior spaces available to DISTRICT for use during special meets or events. DISTRICT shall provide supervision of the facilities while they are being used by DISTRICT. DISTRICT shall arrange with CITY for any extra custodial services required due to DISTRICT's use. Upon request by CITY, DISTRICT shall make the appropriate areas of its boys and girls physical education locker rooms and restrooms available to CITY for use during special meets or events. CITY shall provide supervision of DISTRICT's facilities while they are being used by CITY. CITY shall arrange with DISTRICT for any extra custodial services required due to CITY's use. D. Section 3.c.8 is amended to read as follows: 3.c.8. Public Use of Center The CITY shall have the responsibility for maintaining the schedule of use at all times for the CENTER. The CITY shall manage the scheduling of public uses in the CENTER according to use approval, facility supervision and insurance guidelines agreed upon by DISTRICT. All public and/or private use reservations of the CENTER shall use the Use of Facilities form of the DISTRICT. Both parties to the AGREEMENT shall insure that their respective renters adhere to all DISTRICT policies, such as liability waivers, insurance requirements as stated on the back of the Use of Facilities form of the DISTRICT. Copies of forms for requested use of the CENTER by other than CITY or DISTRICT groups shall be provided to DISTRICT by CITY ten (10) days in advance of the group's use. Exceptions to this time schedule can be made in the case of extenuating circumstances, if both parties agree to a lesser amount of advance notice. The DISTRICT's Chief Financial Officer and the CITY's Recreation Superintendent shall meet annually to review the ongoing operating costs of the CENTER. They shall recommend pool user fee schedules and rules of use to the DISTRICT's Board of Trustees and the Burlingame City Council so that fees and rules of use can be adopted and published annually. Fee schedules and rules of use need not be August 20, 1999 identical for periods when the DISTRICT or the CITY have priority use of the pool. Rules of use must be acceptable to both DISTRICT and CITY. Both parties will respect the fee schedules and rules of use adopted by the other. The CITY shall be solely responsible for determining: (1) the parameters of the use priority system and (2) for the collection of fees during public uses. The DISTRICT's Chief Financial Officer and the CITY's Recreation Superintendent shall meet annually and recommend to the DISTRICT's Board of Trustees and the Burlingame City Council what administrative charge the CITY should levy, in addition to the established rental rate, on public use groups renting the pool during the school day DISTRICT's priority time. All collection of fees will conform to the laws governing school grounds and those which are applicable to the CITY's property. In the event of a conflict between laws governing school grounds and those applicable to CITY property, the laws governing school grounds shall prevail. All public users of the CENTER shall be advised by CITY of their responsibility to use the facilities in such a way as not to inconvenience or disturb DISTRICT classes and activities in any way. Public users shall be directed to park their vehicles and enter the DISTRICT's campus from the Oak Grove Avenue entrance during school days. Public users shall proceed directly to the entrance of the auxiliary building or to their designated gate opening in the CENTER perimeter fence, without roaming through any other portion of the school campus during school days. Prior to the opening of the CENTER for public use during the regular school day, DISTRICT and CITY shall agree on a mandatory form of identification, to be carried by each public group user using the CENTER during the regular school day. E. Except as expressly amended by this First Amendment, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year written on the first page above. am CITY OF BURLINGAME SAN MATEO UNION HIGH SCHOOL DISTRICT City Manager a Secretary to the Board 4 August 20, 1999 Approved as to form: Approved as to form: City Attorney Legal Counsel ATTEST: City Clerk CAW P5I\FILESIAGREEAIEMpoulamen.p&r.%%V d August 20, 1999