cbeverly1 \HICLS/ AGENDA REPORT Meeting Date: June 29, 2017 Item Number: G 3 To: Honorable Mayor & City Council From: Nancy Hunt-Coffey, Director of Community Services Subject: AMENDMENT NO. 2 EXTENDING A 2012 AGREEMENT AND 2013 SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND THE BEVERLY HILLS UNIFIED SCHOOL DISTRICT FOR THE PROVISION, USE AND MAINTENANCE OF EDUCATIONAL, RECREATIONAL AND COMMUNITY FACILITIES Attachments: 1. Amendment No. 2 to Joint Powers Agreement between the City and School District INTRODUCTION The current Joint Powers Agreement (JPA) between the City of Beverly Hills and the Beverly Hills Unified School District (BHUSD) is set to expire on June 30, 2017. Negotiations between the City and the District have been ongoing, but final agreement between the two bodies has not yet been reached. As a result, the City Council/BHUSD liaisons, Vice Mayor Gold and Councilmember Mirisch recommend extending the current agreement for 6 months to allow time for the negotiations to continue without impacting community or school operations. Additionally, the liaisons recommend the City authorize the installation and maintenance of CCTV cameras at the schools, the continuation of the Ambassador pilot program, and maintenance of other current services, such as the School Liaison Officer program. DISCUSSION Negotiations between the District and the City began in February 2016. While a great deal of discussion and progress has been made since that time, final agreement between the two agencies has not yet been achieved. As a result, the liaisons recommend extending the existing JPA agreement through December 31, 2017 which will provide time to continue the negotiation process without interrupting services to the community. It should be noted that the existing JPA includes a base amount of $9.7 million for the use of school facilities as well as the provision of $125,000 toward the 6/23/2017
Meeting Date: June 29, 2017 District s cost of providing crossing guards at various intersections around the schools. This level of funding was approved as part of City s recent 2017-2018 budget process. As a result, the City would be authorized to pay half of these amounts during the sixmonth extension period. Additionally, the Council liaisons recommend that the pilot Ambassador program at District sites be continued during this six-month period. The approximate cost of the Ambassadors for this period would be $40,000. It should be noted that funding to continue this program was approved as part of the 2017-2018 budget process. The liaisons further recommend the City install and maintain CCTV cameras on the various school campuses. While it is doubtful that cameras can be installed at all school sites within 6 months, the overall cost to install the cameras would be $1,507,000 and the annual cost to maintain them would be $147,000. The City s IT department indicates that the agreements and funding are in place to initiate the CCTV project. As a result, a report would be brought to the City Council at such time that an additional purchase order or appropriation is necessary. Finally, the liaisons recommend that other services, that are ancillary to the JPA, such as the School Liaison Program, continue during this six-month period. lithe District does not accept the six-month extension, the City will attempt to rent their facilities at the published Civic Center Act rates. It should be noted, however, that the City will not have priority access under this scenario, and as a result, City programs could be bumped. If the District does not accept the six-month extension or allow the City to rent facilities, City staff will relocate programs to other City facilities until an agreement is reached. It should be noted that under this scenario, the aquatics and adult sports programs will be cancelled as the City does not own suitable facilities for these programs. FISCAL IMPACT Funding to extend the existing JPA (including crossing guards), continue the Ambassadors and the School Liaison Officer program was included in the recently approved City 2017-18 annual budget. As indicated above, funding and an agreement are in place to initiate the CCTV camera project, and when additional funding is needed to continue the project, staff would return to Council. The cost to install the cameras at all five schools is approximately $1,507,000, and the annual maintenance would be approximately $147,000. RECOMMENDATION Staff recommends that the City Council review the recommendation by the Council liaisons and provide direction to staff on next steps with the JPA.?kd Nancy Hunt-Coffey Approved By 6/23/2017
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HILLS AND THE BEVERLY HILLS UNIFIED SCHOOL AND COMMUNITY FACILITIES MAINTENANCE OF EDUCATIONAL, RECREATIONAL DISTRICT FOR THE PROVISION, USE AND AGREEMENT BETWEEN THE CITY OF BEVERLY 1 dated June 21, 2016, for the City s use of educational and recreational facilities 1 either party upon thirty (30) days written notice to the other party. including December 31, 2017, unless otherwise terminated for any reason by Term. The term of this Agreement shall be from July 1, 2012 to and follows: Section 1. Section 1 of the Agreement is hereby amended to read as AGREEMENT adequacy of which is hereby acknowledged, the parties hereby agree as follows: covenants contained herein, and for other good and valuable consideration, the NOW, THEREFORE, in consideration of the mutual promises and time to negotiate the Agreement. the Agreement to and including December 31, 2017, to provide for additional B. The parties desire to amend the Agreement to extend the term of in carrying out its programs for the benefit of its residents. of the California Education Code (commencing with section 10900), Title 1, with section 6500), and section 37110.5 of the California Government Code, the City and the District entered into an Agreement, as amended by Amendment No Division 7, Chapter 5, Article 1 of the California Government Code (commencing A. Pursuant to the provisions of Title 1, Division 1, Part 7, Chapter 10 RECITALS February 19, 2013, identified as Contract No. 43-13 ( 2013 Agreement ) and that Amendment No. 1 to the 2012 Agreement and 2013 Agreement, identified as Contract No. ( Amendment No. 1 and collectively, Agreement ), is made and entered into this 29th day of June, 2017 ( Effective Date ). January 10, 2012, identified as Contract No. 04-12 ( 2012 Agreement ) and supplemented by that Supplemental Agreement between City and District dated Hills ( City ) and the Beverly Hills Unified School District ( District ), dated THIS AMENDMENT NO. 2 to that Agreement between the City of Beverly AGREEMENT AND 2013 SUPPLEMENTAL AMENDMENT NO. 2 EXTENDING A 2012
Section 2. Section 3 of the Agreement is hereby amended to add a new Paragraph C as follows: C. Installation and Maintenance of CCTV Camera Equipment. The City shall install and perform maintenance services for District s CCTV camera equipment. Such installation shall include setup of video streaming services, which shall remain the property of the District and stored and/or retained by the District at District s own discretion. In installing and maintaining the District s CCTV cameras, the City shall comply with the terms of a Memorandum of Understanding to be negotiated prior to the installation of the cameras. Section 3. Section 3 of the Agreement is hereby amended to add a new Paragraph D as follows: D. School Liaison Officers Program. The City shall assign one or more full time sworn officers with the Beverly Hills Police Department ( BHPD ) to the function of School Liaison Officers ( SLOs ). The SLOs shall perform services under the supervision and control of the Beverly Hills Chief of Police ( Chief of Police ). Section 4. Paragraph 4.A of the Agreement is hereby amended to add a new subparagraph 2 as follows: 2. The City shall provide City Ambassadors or other designated personnel to monitor the fields during City use, up to 39 hours per week. Section 5. Amendments to Agreement. Any amendments, modifications or variations from the terms of this Amendment No. 2 shall be in writing and shall be effective only upon approval of such amendment, modification or variation by the Council of the City and the Board of Education of the District. Section 6. Severability Clause. If any provision of this Amendment No. 2 or the application thereof to any person or circumstance is held invalid, only those invalid provisions shall cease and become null and void. Should the exclusion of those provisions render this Amendment No. 2 contrary to the intent of the parties, the City and the District shall use their best efforts to restructure this Amendment No. 2 consistent with the original intent of the parties. If the City and the District are unable to agree after utilizing their best efforts, this Amendment No. 2 shall become null and void upon thirty (30) days written notice, and at the election of, either party hereto. Section 7. Entire Agreement. This Amendment No. 2 to the Agreement, in combination with the Agreement, represents the entire integrated -2-
agreement between City and District, and supersedes all prior negotiations, representations or agreements, either written or oral. Section 8. Agreement to Remain in Full Force and Effect. Except as specifically amended herein, the Agreement shall remain in full force and effect. Section 9. Counterparts. This Agreement may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. -3-
EXECUTED the day of CITY OF BEVERLY HILLS A Municipal Corporation LILI BOSSE Mayor of the City of Beverly Hills, California ATTEST: BYRON POPE City Clerk (SEAL) -4-
BEVERLY HILLS UNIFIED SCHOOL DISTRICT MEL SPITZ President, Board of Education MICHAEL BREGY Secretary, Board of Education -5-
Approved as to form: Approved as to content: LAURENCE S. WIENER City Attorney MAHDI ALUZRI City Manager NANCY HUNT-COFFEY Director of Community Services DON RHOADS Chief Financial Officer -6-