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HomeMy WebLinkAboutReso 9-1996 RESOLUTION NO. 9-96 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT FOR A BEFORE AND AFTER SCHOOL DAY CARE PROGRAM BE IT RESOLVED by the City Council of the city of South San Francisco, tha~: The City Manager is authorized and directed to execute on behalf of the City of South San Francisco an Agreement between the City of South San Francisco and the South San Francisco Unified School District for a Before and After School Day Care Program. A copy of the Agreement is on file in the Office of the city Clerk. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at ' regular meeting held on the 10th day of January , ~996 by the following vote. AYES: Coun¢ilmembers Joseph A. Fernekes, Eugene R. Mullin, John R. Penna, Robert Yee and Mayor Jack Drago NOES: None ABSTAIN: None ABSENT None Day Car~. Hxe EXHIBIT TO RESOLUTION NO. 9-96 CITY OF SOUTH SAN FRANCISCO SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT BEFORE AND AFTER SCHOOL DAY CARE AGREEMENT THIS AGREEMENT is made at South San Francisco, California, as of January I, 1996, by and between the City of South San Francisco, a municipal corporation, "City", and the SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT, hereinafter referred to as "District". RECITALS WHEREAS, City operates a before and after school day care for the benefit of its citizens at Spruce, Ponderosa, Monte Verde, and Martin Elementary Schools, and desires to preserve the operation of such program; WHEREAS, the District is experiencing classroom shortages for its educational programs; WHEREAS, the City and the District mutually agree that before and after school day care is a valued corrmunity program which should be preserved; WHEREAS, the District owns real property which the District desires to make available to the City for this purpose. NOW, THEXEFORE, the parties hereto mutually agree as follows: 1. SITES FOR PORTABLE CLASSROOMS District shall provide one (1) site each at Spruce, Ponderosa and Martin Elementary Schools, at locations set forth in the attached Exhibit A, for the placement of one (I) thirty feet by thirty-two feet (30' x 32') portable classroom at each of the three (3) aforementioned sites. District shall provide one (1) site for the placement of one (1) thirty feet by thirty-two feet (30' x 32') portable classroom at the location set forth in Exhibit A. 2. USE ©F PORTABLE CLASSROOMS (A) The three (3) portable classrooms provided for in Section 1 (A), above, and the existing classroom currently being utilized by the City at Monte Verde School shall be used for a before and after school day care, or other programs approved by both parties provided by the City, District, or a mutually agreed upon third party for fifteen (15) years following the date of the purchase and installation of the portable classrooms. PAYMENT (A) City shall pay District EIGHTY THOUSAND DOLLARS ($80,000.00) to be used for the costs associated with site preparation, placement, and other out-of-pocket expenses incurred in placing the portable classrooms. Residual amounts, if any, shall be placed into a District maintenance and utilities fund which shall be used solely for the maintenance and utility costs of the portable classrooms to be paid as set forth in this Agreement. Residual shortfall, if any, will be added to the amount financed per 4B. 05) District will provide the funding mechanism and arrange for the purchase and installation of the four (4) portable classrooms. The District's direct costs for purchasing the portable classrooms shall be amortized over fifteen (15) years at a fixed rate of seven percent (7%) annual interest, compounded annually. At the end of the fifteen (15) year period, the portable classrooms shall be the sole property of the District. (c) City shall pay District annually District's costs to cover debt service for the purchase of the portable classrooms, in an amount not to exceed Seventeen Thousand Five Hundred Sixty Seven Dollars and Fourteen Cents ($17,567.14), on January Ist, commencing January 1, 1997. UTILITIES City shall pay District annually to cover total annual gas, electric and water charges directly attributable to the portable classrooms. In order to obtain an accurate accounting of such charges, the City will install the appropriate meters on one (1) of the portable classroms, which will serve as the bench mark for all four (4) units. CUSTODIAL SERVICES/FACILITY MAINTENANCE When the City is the exclusive user of the portable classrooms, the City shall provide "custodial services," to ensure that the classrooms are in proper order. Custodial services are defined as vacuuming of carpeted surfaces, mopping of floors, and removal of trash in and around the portable classroom, with all custodial service supplies and equipment furnished by City. The Eistrict shall provide "facility maintenance" to the portable classrooms. Facility maintenance is defined as plumbing, heating, roofing, painting, and other capital repairs to the portable classrooms. EVALUATION There shall be periodic meetings of City and District representatives to discuss and evaluate the Agreement as it affects activities offered by District and City. INDEMNIFICATION: LIABILITY INSURANCE City zgrees to indemnify and hold harmless the District, its directors, officers and employees from and against any and all claims, liability, loss, damage or exper ses resulting from City's occupation and use of District premises. District agrees to indemnify and hold harmless the City of South San Francisco, its officials, officers, employees, and agents from and against any and all claims, liability, loss, damage or expenses resulting from District's activities, programs, design, construction, repair or maintenance of the ports31, classrooms and facilities comprising the District premises. THIRD PARTY PROVIDER Parties may mutually agree upon a third party to provide before and after school day care or other programs approved by both parties. If such a third party is approved, such third party shall assume all of the City's responsibilities under this Agreement, including, but not limited to payment of debt service, maintenance and utility charges. TERM AND TERMINATION (A) The term of this Agreement is fifteen (15) years commencing January 1. 1996 and terminating January 1. 2011. Either party may initiate renegotiation of this Agreement upon one (1) year written notice to the other party. Upon receipt of said notice by the other party, renegotiation shall commence immediately. 10. (c) In the event of termination of this Agreement pursuant to this part, responsibility for payment of the balance of any remaining debt service shall be with District. (D) In the event of termination of this Agreement pursuant to this part, responsibility for payment of maintenance and utilities shall be with District. ENTIRE AGREEMENT This Agreement represents the entire understanding of the parties and supersedes all prior oral or written understandings. Executed as of the day first above stated: City of South San Francisco, a municipal corporation , By: Attest: Mike Wilson, City Manager Barbara Battaya, City Clerk South San Francisco Unified School District Approved as to form: By: Steven T. Mattas, City Attorney LMS/sae