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HomeMy WebLinkAbout2023-09-21 City Schools Liaison Committee Agenda PacketCITY OF PALO ALTO &  PALO ALTO UNIFIED SCHOOL DISTRICT  City Schools Liaison Committee Regular Meeting Thursday, September 21, 2023 8:30 AM Community Meeting Room & Hybrid 250 Hamilton Ave, Palo Alto Council Member Pat Burt Remote Call In Location: Hyatt House Sacramento/Midtown 2719 K St, Sacramento, CA 95816 City School Liaison Committee meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The meeting will be broadcast live on Zoom and YouTube at https://www.youtube.com/c/cityofpaloalto. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/86280460108)    Meeting ID: 862 8046 0108    Phone:1‐669‐900‐6833  PUBLIC COMMENTS Public Comments will be accepted both in person and via Zoom meeting. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to city.clerk@cityofpaloalto.org and will be provided to the board. Please clearly indicate which agenda item you are referencing in your email subject line. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to city.clerk@cityofpaloalto.org at least 24 hours prior to the meeting. Once received, the City Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. CALL TO ORDER REVIEW AND RECOMMENDATIONS A.Open Forum/Public Communications B.Approval of Minutes C.City and District Reports D.Memorandum‐Summary of Beverly Hills Model‐September 2023 E.Future Business ADJOURNMENT PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.clerk@cityofpaloalto.org. 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Committee, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted.A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted  through the teleconference meeting. To address the Committee, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B‐E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Committee. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 862 8046 0108    Phone:1‐669‐900‐6833   1 Regular Meeting September 21, 2023 Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org. CITY OF PALO ALTO & PALO ALTO UNIFIED SCHOOL DISTRICT City Schools Liaison CommitteeRegular MeetingThursday, September 21, 20238:30 AMCommunity Meeting Room & Hybrid250 Hamilton Ave, Palo AltoCouncil Member Pat Burt Remote Call In Location: Hyatt House Sacramento/Midtown 2719K St, Sacramento, CA 95816City School Liaison Committee meetings will be held as “hybrid” meetings with the option toattend by teleconference/video conference or in person. To maximize public safety while stillmaintaining transparency and public access, members of the public can choose to participatefrom home or attend in person. Information on how the public may observe and participate inthe meeting is located at the end of the agenda. Masks are strongly encouraged if attending inperson. The meeting will be broadcast live on Zoom and YouTubeat https://www.youtube.com/c/cityofpaloalto.VIRTUAL PARTICIPATION CLICK HERE TO JOIN(https://cityofpaloalto.zoom.us/j/86280460108)   Meeting ID: 862 8046 0108    Phone:1‐669‐900‐6833 PUBLIC COMMENTSPublic Comments will be accepted both in person and via Zoom meeting. All requests to speakwill be taken until 5 minutes after the staff’s presentation. Written public comments can besubmitted in advance to city.clerk@cityofpaloalto.org and will be provided to the board. Pleaseclearly indicate which agenda item you are referencing in your email subject line. PowerPoints,videos, or other media to be presented during public comment are accepted only by email tocity.clerk@cityofpaloalto.org at least 24 hours prior to the meeting. Once received, the City Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. CALL TO ORDER REVIEW AND RECOMMENDATIONS A.Open Forum/Public Communications B.Approval of Minutes C.City and District Reports D.Memorandum‐Summary of Beverly Hills Model‐September 2023 E.Future Business ADJOURNMENT PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.clerk@cityofpaloalto.org. 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Committee, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted.A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted  through the teleconference meeting. To address the Committee, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B‐E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Committee. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 862 8046 0108    Phone:1‐669‐900‐6833   2 Regular Meeting September 21, 2023 Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org. CITY OF PALO ALTO & PALO ALTO UNIFIED SCHOOL DISTRICT City Schools Liaison CommitteeRegular MeetingThursday, September 21, 20238:30 AMCommunity Meeting Room & Hybrid250 Hamilton Ave, Palo AltoCouncil Member Pat Burt Remote Call In Location: Hyatt House Sacramento/Midtown 2719K St, Sacramento, CA 95816City School Liaison Committee meetings will be held as “hybrid” meetings with the option toattend by teleconference/video conference or in person. To maximize public safety while stillmaintaining transparency and public access, members of the public can choose to participatefrom home or attend in person. Information on how the public may observe and participate inthe meeting is located at the end of the agenda. Masks are strongly encouraged if attending inperson. The meeting will be broadcast live on Zoom and YouTubeat https://www.youtube.com/c/cityofpaloalto.VIRTUAL PARTICIPATION CLICK HERE TO JOIN(https://cityofpaloalto.zoom.us/j/86280460108)   Meeting ID: 862 8046 0108    Phone:1‐669‐900‐6833 PUBLIC COMMENTSPublic Comments will be accepted both in person and via Zoom meeting. All requests to speakwill be taken until 5 minutes after the staff’s presentation. Written public comments can besubmitted in advance to city.clerk@cityofpaloalto.org and will be provided to the board. Pleaseclearly indicate which agenda item you are referencing in your email subject line. PowerPoints,videos, or other media to be presented during public comment are accepted only by email tocity.clerk@cityofpaloalto.org at least 24 hours prior to the meeting. Once received, the CityClerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.CALL TO ORDERREVIEW AND RECOMMENDATIONSA.Open Forum/Public CommunicationsB.Approval of MinutesC.City and District ReportsD.Memorandum‐Summary of Beverly Hills Model‐September 2023E.Future Business ADJOURNMENT PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.clerk@cityofpaloalto.org. 2. Spoken public comments using a computer will be accepted through the teleconference meeting. To address the Committee, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted.A timer will be shown on the computer to help keep track of your comments. 3. Spoken public comments using a smart phone will be accepted  through the teleconference meeting. To address the Committee, download the Zoom application onto your phone from the Apple App Store or Google Play Store and enter the Meeting ID below. Please follow the instructions B‐E above. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Committee. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 862 8046 0108    Phone:1‐669‐900‐6833   3 Regular Meeting September 21, 2023 Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org. City Schools Liaison Committee Staff Report From: Chantal Gaines, Deputy City Manager Meeting Date: September 21, 2023 Report #: 2309-1989 TITLE Memorandum-Summary of Beverly Hills Model-September 2023 Memorandum to City Schools Liaison Committee is attached as Attachment A. The existing Beverly Hills Unified School District / City JPA agreement is also included as Attachment B. ATTACHMENTS Attachment A: Memorandum – Summary of Beverly Hills Model-September 2023 Attachment B: 2020-2023 Beverly Hills Unified School District / City JPA agreement Item D Staff Report     Packet Pg. 4 of 38     1 | P a g e Memorandum To: City School Liaison Committee From: City Staff Date: September 7, 2023 Subject: City and Schools Collaborations – Follow up Information Regarding Beverly Hills Model Summary of Information Gathered about the Beverly Hills City – Schools Model Background: At the June 2023 Palo Alto City-Schools Liaison Committee, the Committee expressed interest in continuing a dialogue about City and Schools collaborations after receiving a presentation from Board Member Todd Collins about different models.1 The Committee heard about the Beverly Hills Joint Powers Agreement (JPA) model and, though expressing little interest in a formal JPA model, did share some interest in understanding how Beverly Hills City and School District work together related to their agreement. Palo Alto staff reached out to Beverly Hills staff to learn more about their program and the information below is a summary of the conversations held between staff. Palo Alto staff also invited a representative from Beverly Hills to attend the next Palo Alto City Schools Liaison Committee meeting and is conferring schedules to see if it is possible to have a representative present. Overview information: - A key point of context is that in Beverly Hills (population ~30,000), the City owns no recreational facilities or playing fields. As such, partnership with BHUSD is essential to the City’s ability to provide recreational programming and community access to these resources. - In Beverly Hills, the BHUSD Committee / JPA Liaison provides support to the Joint Powers Agreement with the Beverly Hills Unified School District. The agreement primarily relates to community activities at schools and community access to school recreational facilities, including fields, swim/gym, and classrooms due to limited City-owned community spaces. The District provides education during the school day and the City provides all childcare programs and all recreational programs citywide after school hours on school sites. Some examples shown below. - The Community Services’ Department manages programs, staff, and contracts which deliver many afterschool programs, camps, and classes using school facilities (for aquatics and basketball programs), the fields for youth sports activities, classrooms for preschool and after school camp, and more. - The current JPA model has been in place for decades and is renegotiated every 3 years. The rates are negotiated between the District and the City Council. The existing 2020-2023 agreement is available online.2 - Due to the nature of the agreement and the linkage to space usage, the dollar amount is noteworthy. According to the slides shown below from the August 24, 2023 meeting, the 2022- 2023 rate was $11.5 million and this amount is increasing in the 2023-2026 agreement (currently being negotiated 3). 1 June 15, 2023 City Schools Liaison Committee, Item D: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=13108 2 2020 – 2023 Beverly Hills JPA document: http://www.beverlyhills.org/cbhfiles/storage/files/1643945069364601819/BHUSDCommitteeMeetingAgendaPack et07-08-20.pdf 3 Source: August 24, 2023 BHUSD Committee / JPA Liaison Meeting Presentation and Video: https://beverlyhills.granicus.com/player/clip/9327?view_id=73&redirect=true&h=9edcb1926851dbb8a27f64f2aef 9735d Item D Attachment A - Memorandum Summary of Beverly Hills Model     Packet Pg. 5 of 38     2 | P a g e - The BHUSD Committee / JPA Liaison website is: https://www.beverlyhills.org/citymanager/committees/bhusdcommitteejpaliaison/ Governing Structure: The JPA structure has been in place for decades. It is governed by a Liaison Committee which consists of 2 members from the City Council and 2 members from the BHUSD School Board. The committee is advisory in nature and makes recommendations back to their respective bodies for formal actions. Meeting Frequency: The actual BHUSD Committee/JPA Liaison group meets as necessary and is sometimes difficult to schedule. The Committee meets once per year unless an issue comes up that requires a more frequent convening. Otherwise, meetings are usually linked to the renegotiation of the agreement every 3 years. The City staff provide the City Council with an annual progress report. Though the BHUSD Committee/JPA Liaison group has less frequent formal meetings, staff meets very often and are sometimes in daily communication regarding space usage. Staffing: There is a lead staff person on the BHUSD side and on the City side. In the negotiations process, both parties bring additional applicable staff to participate in the discussions. During the agreement term, staff relevant to the services within the agreement are in regular contact with one another. All programming staff is hired by the City for he programs. In terms of the BHUSD Committee/ JPA Liaison group, it is staffed by the lead staff person from the City and the District. For the City, it is an Assistant Director and for the District it is typically the Superintendent. Decisions on which programs to include in the agreement: The agreement is heavily focused on recreation programs and space usage (outside space, civic programs, sports, etc.). The agreement also includes crossing guards, CCTV cameras to all school sites, and school resource officers in the 3 elementary schools and 1 middle school. The agreement lists the following: athletic fields, playgrounds, gymnasia, tennis courts, auditoriums, classrooms, multi-purpose rooms, cafeterias, swimming facilities, cable television facilities, and library facilities. Some Slides from recent BHUSD Committee/JPA Liaison negotiations meeting on August 24, 2023: Item D Attachment A - Memorandum Summary of Beverly Hills Model     Packet Pg. 6 of 38     3 | P a g e Item D Attachment A - Memorandum Summary of Beverly Hills Model     Packet Pg. 7 of 38     Beverly Hills City Council Liaison / Beverly Hills Unified School District Committee will conduct a Special Meeting, at the following time and place, and will address the agenda listed below: CITY HALL Video Teleconference Call in: (916) 235-1420 or (888) 468-1195 Participant Pin: 872120 Beverly Hills City Hall Beverly Hills, CA 90210 Wednesday, July 8, 2020 4:30 PM TELEPHONIC/VIDEO CONFERENCE MEETING Pursuant to Executive Order N-25-20 members of the Beverly Hills City Council and staff may participate in this meeting via a teleconference. In the interest of maintaining appropriate social distancing, members of the public can participate by listening to the Special Meeting at (916) 235-1420 or (888) 468- 1195 (participant code 872120) and offer comment through email at mayorandcitycouncil@beverlyhills.org AGENDA 1) Public Comment a. Members of the public will be given the opportunity to directly address the Committee on any item listed on the agenda. 2) Final Review of Draft of JPA 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 and Programs for the Fiscal Year 20/21 through FY 22/23 a. Highlights of Staff W orking Group Negotiations b. COVID 19 Impacts on School Access, City Program Use and City Revenues During Closures and Reopening of Schools c. Draft JPA Document Review d. Consideration of Recommendation of Staff W orking Group 3) Adjournment George Chavez City Manager Posted: July 7, 2020 A DETAILED LIAISON AGENDA PACKET IS AVAILABLE FOR REVIEW AT WWW.BEVERLYHILLS.ORG Pursuant to the Am ericans with Disabilities Act, the City of Beverly Hills will make reasonable efforts to accommodate persons with disabilities. If you require special assistance, please call (310) 285-1014 (voice) or (310) 285-6881 (TTY). Providing at least forty-eight (48) hours advance notice will help to ensure availability of services. City Hall, including 4th Floor Conference Room A, is wheelchair accessible. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 8 of 38     STAFF REPORT Meeting Date: July 8, 2020 To: City Council BHUSD JPA Liaisons From: Pam Shinault, Assistant Community Services Director Subject: Final Review of Draft of JPA 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 and Programs for the Fiscal Year 20/21 through FY 22/23. Attachments: 1. Draft Joint Powers Agreement The Staff Working Group will update the Council BHUSD JPA Liaisons on the items below: A .Highlights of Staff Working Group Negotiations B. COVID 19 Impacts on School Access, City Program Use and City Revenues During Closures and Reopening of Schools C. Draft JPA Document Review D. Consideration of Recommendation of Staff Working Group Negotiations among the members of the Staff Working Group have been productive and collaborative throughout the negotiations process, which began back in January and went on hiatus when the Safer at Home order was put into effect in mid-March, until May when discussions began again but virtually. Periodic check-in has occurred with the Council/School District BHUSD Liaison Committee gathering sharing discussion points and securing feedback. The focus of the Staff Working Group’s discussions has been on describing each organizations roles and responsibilities more clearly, identifying specific times as priority JPA use times, and identifying a process for communication, use requests, and maintenance and repair problems and needs. Agreement has been reached at the staff level for level of security, the role of security during JPA and drop-in community use of schools, and processes for communicating when preventive maintenance activities can occur. In addition, janitorial expectations along with sanitation for prevention of infectious diseases, is described and supported in the new draft of the JPA agreement. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 9 of 38     Meeting Date: July 8, 2020 Page 2 of 2 7/7/2020 The draft agreement recommended by the Staff Working Group is before you today and going to the full City Council on July 14th. The draft JPA agreement incorporates the annual payment details, with the understanding that in year two or three of the JPA term, either organization may request reentering discussions regarding the level of payment to the District, whether it be for an increase or a decrease in compensation, depending on the economic situation. With the closure of schools back in March, the City JPA programs and community sports use has ceased on school sites, and has not returned. The entire spring session was cancelled and resulted in a $300,000 loss in JPA program revenue to the City from lack of access to the schools for Preschool, Adventure Camp, Aquatics and enrichment programs afterschool . Additionally, with our biggest season occurring during the summer with over 25 camps on school property, plus aquatics, and sports leagues, our largest program revenues will not occur. The Community Services Department overall is projecting a 90 – 95% drop in revenue in July, 80% drop in August and a 70% drop in September. Reopening schools and what that may mean for JPA access to schools has been a topic for discussion in recent weeks. As BHUSD considers how to reopen the schools by mid- August, they created a Return to Learn Think Tank Committee made up of medical experts, mental health professionals, key school staff members, attorneys and more, including City representation. The focus of the group is to assist the District with navigating and creating the safest way possible to return to schools. Given the potential complexity of this endeavor, recent spikes in cases of COVID have caused much discussion about how this may occur. The group is meeting weekly and will continue to evaluate the latest public health directives and guidelines. Additionally, the City is evaluating how to return to the schools under the new public health guidelines for child care, camps and more, when the time comes. To limit mixing of cohorts and dedicate program staff exclusively to a cohort could prove challenging in an afterschool environment. Unless there is lots of space and the number of staff needed to meet the higher teacher student ratios, avoiding mixing 3rd graders with 2nd graders in Adventure Camp may be difficult. Initially, to support the school’s hybrid model of learning, where half the kids are at home one week, while the other half are on campus, then they switch, it is possible that the City may only be able to offer Preschool and Adult sports programming in order to avoid mixing cohorts in the afterschool setting. Much more discussion is anticipated as each organization navigates new waters during COVID. Many City programs may need to remain virtual as City and schools reopen facilities slowly or delay reopening them as spikes in COVID-19 occur. Virtual, online programming may continue to meet some of the community’s health, social, emotional and other needs, and can continue to support the safer at home order. Staff representatives from departments with items contained in the JPA agreement will be available at the meeting to answer any questions Council Liaisons may have. The Staff Working Group is recommending approval of the new 3-Year JPA agreement. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 10 of 38     -1- B0785-0001\2436891v4.doc AGREEMENT NO. 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 AND PROGRAMS FOR THE FISCAL YEARS FY 20/21 THROUGH FY 22/23 THIS AGREEMENT is made and entered into this [DATE] of [MONTH], 2020, (the "Approval Date") by and between the City of Beverly Hills, a municipal corporation, hereinafter referred to as the 'City," and the Beverly Hills Unified School District, a regularly organized and existing school district under the laws of the State of California, hereinafter referred to as the "District." RECITALS. A. Pursuant to the provisions of Title I , Division I , Part 7, Chapter 10 of the California Education Code (commencing with section 10900), Title I, Division 7, Chapter 5, Article I of the California Government Code (commencing with section 6500), and section 37110.5 of the California Government Code, the City and the District are authorized to enter into an agreement providing for educational, recreational, and community facilities and programs. B. The District is able and willing to provide the City with the use of valuable educational and recreational facilities for use by the City in carrying out its programs for the benefit of its residents, including but not limited to athletic fields, playgrounds, gymnasia, tennis courts, auditoriums, classrooms, multi-purpose rooms, cafeterias, swimming facilities, cable television facilities, and library facilities. C. The foregoing facilities and programs will allow the City to provide its residents with a level and breadth of services that it would not otherwise be able to provide. D. The provision of said facilities and programs will result in a greater utilization of the District's facilities and the generation of revenue for the maintenance of the District's educational programs. E. It is in the public interest that the City and the District enter into this Agreement in order to maximize the use of the District's facilities and programs for the promotion of the general public welfare. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree as follows: DEFINITIONS The following terms shall be defined as set forth below: "City" shall mean the City of Beverly Hills; Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 11 of 38     -2- B0785-0001\2436891v4.doc "City Recreation Program" shall be defined as provided in Section 5.A.1; "Director" shall be defined as provided in Section 5.A.1; "District" shall mean the Beverly Hills Unified School District; "District Activities" shall be defined as provided in Section 5.A.1; “District Annex” shall be defined as a classroom building on Moreno Avenue; "District Facilities" shall be defined as provided in Section 5.A.1; "Library Facilities" shall be defined as provided in Section 5.A.4; "Outdoor Facilities" shall be defined as provided in Section 5.A.2; "Force Majeure" shall be defined as provided in Section 11; “Non-School Hours” shall be defined according to the following schedule: TK – 5 Schools: Monday through Friday, Local Holidays __4_PM until _9__PM. Saturday and Sunday __7_AM - __9_PM Beverly Vista Middle School: Monday through Friday, Local Holidays __5__PM - __9_ PM Saturday and Sunday __7_ AM - _9__PM Beverly Hills High School: Monday through Friday, Local Holidays _6__PM - _10__ PM Saturday Noon - _10__PM Sunday 8 AM - 10 PM Note: There will be times that “District Activities” may occur during non-school hours. These activities will scheduled well in advance so as not to interfere as much as possible with the City’s programs. “School Hours” shall be defined as any time periods that are not designated as Non-School Hours by this Agreement. "State or Federal Holiday" shall be defined as provided in Section 5.A.2. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 12 of 38     -3- B0785-0001\2436891v4.doc AGREEMENT Section l . Co-Administrators. The City Manager, or the City Manager's designee, and the District's Superintendent or the Superintendent's designee, are hereby designated as the co-administrators of this Agreement subject to the rights and obligations set forth herein and subject to the direction of their respective governing agencies. A. Designated Point Person. The District co-administrator shall designate a point person who shall be knowledgeable about the terms of this Agreement. The designated point person shall implement the terms of the Agreement. The District co-administrator shall provide the City co- administrator with the name and contact information of the designated point person within thirty (30) days of the Approval Date of this Agreement. The name and title of the designated point person shall be incorporated into this Agreement as Exhibit A. B. Other Responsible Personnel. The District co-administrator shall provide the City co-administrator with the cell phone number of any additional personnel who will provide access to the District Facilities or Outdoor Facilities as required by this Agreement. The City co-administrator shall provide the District co-administrator with the cell phone number of the personnel responsible for administering the City Recreation Programs that utilize District Facilities or Outdoor Facilities within thirty (30) days of the Approval Date of this Agreement. The list of responsible personnel and personnel who provide access for each campus shall be incorporated into this Agreement as Exhibit A. This list shall be updated at least once per Fiscal Year. Section 2. Establishment of Shared Scheduling System. The District and the City shall establish and maintain a shared scheduling system for use of the District Facilities and Outdoor Facilities, which shall be accessible for viewing online by the public. The District shall post an up-to-date calendar of the High School sports practice and game schedules, as well as any other District Activities on the online scheduling system. The City shall post an up-to-date calendar of City sponsored youth and adult sports and recreation events. The District shall develop the online scheduling system in conjunction with designated City staff. The District and the City shall enter and maintain current schedules on the online system beginning September 1, 2020. Section 3. Term. The term of this Agreement shall be from July 1, 2020 to and including June 30, 2023, unless otherwise terminated for any reason by either party upon ninety (90) days written notice to the other party. Section 4. Compensation and Payment. A. Annual Payment. The City shall make annual payments to the District in the following amounts: FY 20/21: Eleven Million, Five Hundred Thousand Dollars ($11,500,00) FY 21/22: Eleven Million, Five Hundred Thousand Dollars ($11,500,000) FY 22/23: Elven Million, Five Hundred Thousand Dollars ($11,500,000) Either the City or the District may request that this amount be reviewed and adjusted for each fiscal year after Fiscal Year 20/21. Any request for review shall be made in writing and shall be Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 13 of 38     -4- B0785-0001\2436891v4.doc delivered at least 180 days prior to the end of the current fiscal year. Any change to the payment structure must be established through a mutual written agreement between the City and the District. Each annual payment shall be divided into four quarterly payments made on July I, October I, January I, and April I. The District shall submit a written invoice requesting payment at least thirty days prior to each quarterly payment date. The City may elect, in its sole discretion, to prepay one or more of the required quarterly payments. Upon receiving written notice from the District that the District has determined that, due to current financial limitations, a prepayment of one or more of the quarterly payments would be beneficial to avoid an adverse effect on the quality or level of facilities and programs provided by the District hereunder, the City shall consider the District's request to make such prepayment. Such notice shall describe the current financial limitations affecting the District. B. Crossing Guard Payments. The City shall make payment to the District for the sole and exclusive purpose of funding crossing guard services at each of the three elementary schools and at the one middle school. These crossing guard services shall be provided during the regular school year, as well as during the summer months when city summer camps and/or preschools are in session. The payment shall be made in installments upon presentation of invoices to the City demonstrating that the District has expended funds for the direct cost of crossing guard services. The City shall then reimburse the District for fifty percent (50%) the amounts expended for the crossing guard services, provided however, that nothing in this Agreement shall require the City to make payment for the cost of additional crossing guards added by the District after the date of this Agreement. For the purposes of this Agreement, "direct cost of crossing guard services" does not include overhead, administration or similar costs not paid to a third party provider of crossing guard services. C. Security Deposit. The City shall deposit into a segregated account funds (the "Security Deposit Funds") in the amount of One Hundred Thousand Dollars ($100,000.00) for the purpose of repairing or replacing District property damaged by the City as a result of this Agreement. Payment from the Security Deposit Funds shall be made only after the District demonstrates, to the City's reasonable satisfaction, that such repairs or replacements resulted from damages caused by the City's use of property under the Agreement and upon presentation of documentation supporting the cost of the repair(s). Notice of any damage must be delivered to the City no later than 10 days after the discovery of the damage. Section 5. District Obligations. In consideration of the compensation and payment described herein, the District shall provide to the City the following. A. Facilities. The District shall make available to the City certain Facilities as described below. Such availability shall be governed by the Facilities Operating Standards, which is incorporated into this Agreement and attached hereto as Exhibit B. If the District denies the City’s request for use of a facility specified below, it shall provide the City with written notice of denial, including the reasons for the denial, no later than 24 hours after the District’s decision to deny the request 1. District Facilities. The District shall make available to the City all recreational and classroom facilities at the District's Beverly Hills High School, Beverly Vista Middle School El Rodeo School Elementary School, Hawthorne Elementary School, , Horace Mann Elementary School, and the District Office Annex (the "District Facilities"), including but not limited to athletic fields, play yards and play equipment, gymnasia, locker and shower rooms, swimming pool, tennis courts, track, classrooms, computer labs, fitness rooms, multipurpose rooms, cafeterias, auditoriums, including the Peters Auditorium, the Salter Theatre, the Science and Technology Center, future facilities, whether renovated or newly constructed on any school site, and such other District facilities requested by the Community Services Director of the City or his or her designee ("Director") for City recreation and other community Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 14 of 38     -5- B0785-0001\2436891v4.doc or civic programs, such as Boys and Girl Scouts meetings, ("City Recreation Programs"). City Recreation Programs shall include, without limitation, programs administered by organizations other than the City, including but not limited to the American Youth Soccer Organization, the Beverly Hills Little League, or the Beverly Hills Basketball League, if the City grants permission to the organization to use District Facilities during time scheduled for City use pursuant to this Agreement. 2. The City's use of District Facilities shall not interfere with District Activities. The term "District Activities" is defined to solely include classroom instruction provided by the District and extracurricular District programs, whether or not provided in a classroom setting that are directly supervised by District employees and not conducted in whole or part by a contractor to the District or lessee of the District ("District Activities"). District Activities shall not include activities scheduled on less than 72 hours notice as provided in Section 5.B.1 of this Agreement, or activities of any third party, provided however, that certain activities conducted by the Beverly Hills Education Foundation ("BHEF") and the Parent Teacher Student Association may be deemed District Activities if the activities do not compete with or duplicate City Recreation, Enrichment, Camps, Sports and Aquatics Programs, are sponsored by the District, are covered under the District’s insurance policy, and are approved by the District's Superintendent in advance, no less than six months prior to the activities’ expected start dates. In the event of a third party facility request to the District, the District shall confer with the City on all such requests to insure that the request does not interfere with any city program or event. 3. Competing programs may include, but are not limited to, (a) programs, activities, or camps that serve a specific age group during non-school hours if the City already offers similar programming serving that age group; and/or (b) sports and day camps that are being offered by the City during the summer, including specialty classes, or programming, such as Lego or Engineering Camp, STEAM classes and camps, and enrichment programs and sports camps, including multi- and single-sport camps. The City and the District will confer on any program/camp that may be considered in conflict with an existing program. If either party decides to start a new program/camp, they will meet to confer if the program/camp can move forward and will not be considered in conflict with either party’s programs/camps. Any camp under “District Activities” that is conducted by BHUSD/BHEF/PTSA for BHUSD students/athletes who will compete or tryout for the BHUSD educationally based athletic program and is staffed by BHUSD coaches/teachers will be allowed, provided the said camps are only offered to middle school through high school student/athletes who attend BHUSD schools. Beverly Hills Sports Camps will now fall under the direction of the City. 4. The City shall operate State Licensed Preschools at each of the three TK – 5 schools (Hawthorne Elementary School, Horace Mann Elementary School, and El Rodeo Elementary School), operating in classrooms dedicated exclusively for this purpose, during school hours. The District shall provide regular custodial services for these classrooms, and shall provide access to a phone, a computer, and Internet services within these classrooms for the safety and security of the students and staff. 5. Priority of Use for District Facilities. a. The District shall have first priority use of District Facilities during School Hours, except where State Licensed City preschools operate in dedicated classrooms from _8:00AM__-3:00PM daily, year-round. City will retain first priority use within the Preschool Classrooms and thereby, the classrooms may not be authorized for use by District Activities or any other activities. b. The City will have first priority use of District Facilities during all Non-School Hours. Third-party use of District Facilities for third-party activities shall not occur during the City’s scheduled use of facilities, or during drop-in community use times. Third-party uses must be Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 15 of 38     -6- B0785-0001\2436891v4.doc approved by the District. The District will confer with the City on any such requests to use district facilities by any third party. The District will communicate any such requests at least one month before the expected third-party activity date in order to coordinate and preserve access for City use and community drop -in use of District Facilities. 6. The District shall confer with the City regarding use of any District Facilities scheduled for use by the City, including for all District Activities during non -school hours,, at least seven days prior to scheduling such activities. The District must provide the City with written notice of the expected times and facilities used for these activities, so that the City can adjust its scheduled use as necessary. In the event that the District requires use of the District Facilities for particular activities, for which, due to the nature of the activity, the District receives notice less than seven days in advance, the District shall notify the City as soon as it receives notice of the same. and work with the City to identify an alternate location to conduct any scheduled City activities. 7. After-School, Weeknight. and Weekend Outdoor Facilities. Except as necessary to avoid conflict with District Activities, the District shall make available year -round, during Non-School Hours, weeknights, and weekends, its outdoor athletic fields and play yards at the District's Beverly Hills High School, Beverly Vista Middle School, El Rodeo Elementary School, Hawthorne Elementary School, , and Horace Mann Elementary School ("Outdoor Facilities") for use by the community on a drop-in basis (“drop-in use”), provided that the District shall not allow adult groups to use the outdoor fields located at the K-5 school campuses and shall not allow youth and adult groups to simultaneously use the same field at Beverly Hills High School. When there is no scheduled field use, the Outdoor Facilities are presumed available for drop-in use in compliance with the conditions of this Paragraph. Whenever Outdoor Facilities are available for drop-in use, the District shall comply with the access, security, maintenance, and other provisions set forth in Exhibit B, including by providing security personnel to monitor use and provide access and security services. Nothing in this paragraph shall require the District to provide Outdoor Facilities on a California state or federal holiday as identified by the California Department of Personnel Administration or the United States Office of Personnel Management, respectively, if District personnel are not required to work on such holiday (hereafter a "State or Federal Holiday"). 8. Summer Camp Facilities. The District shall provide the City with access to at least one school campus for a minimum of eight (8) weeks each summer for summer camp programming, as well as access to a TK-5 school campus for summer pre-school programming. The District shall notify the City as to which campus or campuses will be available for the City's use no later than December 1 of the preceding year. The District will also include in this notification any scheduled summer construction at any of its campuses that could affect the City’s scheduled programing In making available the Summer Camp Facilities, the District shall comply with the access, security, maintenance, and other provisions set forth in Exhibit B. 9. Library Facilities. During the school year, the District shall make available to all school age children residing in the City of Beverly Hills, the District's library facilities at the District's Beverly Hills High School, Beverly Vista Middle School, El Rodeo School, Hawthorne School, , and Horace Mann School ("Library Facilities") for a minimum of three (3) hours per week at the TK-5 locations and a minimum of six (6) hours per week at Beverly Vista Middle School and Beverly Hills High School. In making available the Library Facilities, the District shall comply with the access, security, maintenance, and other provisions set forth in Exhibit B. The District shall provide books and reading material for onsite use, provided however, that the District is not required by this Agreement to permit circulation of its books and other reading materials. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 16 of 38     -7- B0785-0001\2436891v4.doc 10. Parking Facilities. The District shall guarantee use of Beverly Hills High School, El Rodeo School, Hawthorne School, , Horace Mann School, and Beverly Vista Middle School lots and parking facilities during Non-School Hours, including the Beverly Vista Parking Lot and the subterranean parking facility at Horace Mann School, and any parking facilities, other than the District Office parking lot, including parking facilities constructed in the future. During such hours, the District shall make available to the City for special event valet parking all parking facilities owned by the District, and shall also make available spots for after school and preschool staff, as appropriate. Notwithstanding the above, the City assumes all responsibility for all vehicles parked by the City or its agent or contractor in the course of this use of the parking facilities and for any expenses associated with special event valet parking offered by the City. In the event that the City utilizes a third party valet contractor, the City shall require the contractor to add the District as an additional insured. 11. Public Safety Training Exercises and Emergency Use of Facilities. a. At least twice each month, on a Saturday or Sunday as determined by the City, the City shall have exclusive use of the parking facilities, driveways and other similar large open asphalt areas as well as classroom facilities, multipurpose rooms, cafeterias, auditoriums, and such other District Facilities as requested by the City at each of the five school sites (El Rodeo School, Hawthorne School, Horace Mann School, Beverly Vista Middle School and Beverly Hills High School) for public safety training exercises. Provided, however, that City shall provide the District with reasonable notice of such use and that the use shall be scheduled so that it does not interfere with District Activities. b. District shall notify the City, a minimum of 48 hours in advance, regarding any training exercises or drills that will occur on school sites during non-school hours. Active Shooter training should not be held during the City’s scheduled use of District Facilities. c. In the case of a local, state or federal declared emergency, the City may use District Facilities for the sheltering of persons and any other use related to the emergency. 12. Facilities Maintenance. At its own expense, the District shall maintain all District Facilities and equipment used by the City pursuant to this Agreement in a good, clean, and safe working condition in the same manner as other classrooms or other District Facilities used exclusively by the District and shall provide all custodial services for such Facilities as set forth in Exhibit B. If the city’s activities result in substantial damage to District Facilities, , the City will be responsible for any additional costs. Additionally, if community drop-in use of a particular District Facility results in excessive wear to and excessive amounts of trash at that Facility, the District shall inform the City that community drop-in use may be cancelled at that particular Facility. The District and the City will confer regarding any proposed cancellation of community drop-in use before the cancellation becomes effective. 13. Landscaping. At its own expense, the District shall maintain any parkway landscaping adjacent to a school site in a manner that is aesthetically compatible with the surrounding area. 14. Other Use of Facilities. The City will occasionally require the use of the Facilities for uses other than those specifically enumerated herein. In such instances, the City shall submit a written request for use of the Facilities to the District. The District shall grant the request unless such request would interfere with District Activities or a previously scheduled Civic Center Act use, would result in the use of District Facilities on a State or Federal Holiday, or would damage District's Facilities because the Facilities were not designed to accommodate the proposed use. The City shall pay the District all costs that District incurs in providing the requested services in excess of $20,000 per year. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 17 of 38     -8- B0785-0001\2436891v4.doc B. Other Programs and Services. 1. Scheduling System. The District shall keep current the Shared Scheduling System established pursuant to Section 2 of this Agreement with respect to all District Activities,. provided, however, that the District shall not schedule an event on less than 72 hours notice without the City's prior consent. The District's failure to timely schedule an event on the Shared Scheduling System that ultimately displaces a City Recreation Program shall constitute a material breach pursuant to Section 13 of this Agreement. 2. Emergency Access to CCTV Camera Feeds. In connection with an emergency and when necessary to protect the health or safety of a pupil or other persons, the District shall allow the City's police personnel to access the District's CCTV camera feeds pursuant to 20 USC Section 1232g(b)(I)(I) and California Education Code Section 49076(a)(2)(A). In providing access to the CCTV camera feeds, the District shall comply with the terms of the Memorandum of Understanding for the CCTV Program, which is incorporated into this Agreement and attached hereto as Exhibit C. The District shall own the data collected from CCTV recordings. 3. School Liaison Officers Program. District shall comply with the terms of the Memorandum of Understanding for the School Liaison Officers Program, which is incorporated into this Agreement and attached hereto as Exhibit D. 4. Limited Flyer/Banner Distribution. In the event that the City elects to provide publicity for its events in print, the District shall ensure that flyers and/or banners are distributed to the designated classrooms and are on display at the office front counter or designated publicity display at each designated campus. All official notices relating to the City Recreation Programs shall be posted at each school, provided, however, that the District shall approve the location of the posting. During the term of this Agreement, the District shall not permit flyers and/or banners to be distributed at the schools, whether by posting, electronic means, or any other means, for recreation programs, enrichment classes, camps and activities that might compete with City sponsored recreation programs and activities. 5. Class Promotions and Demonstrations. The District shall accommodate the City's request to promote new classes through lunch-time and afterschool demonstrations. The City shall obtain approval from the site principal prior to conducting the promotional activity. 6. Permits for City Employees and Officials. The District has set up a system of permits to allow non-District residents to enroll students for instruction at District schools. To the extent permitted by State law, the District agrees to provide City employees priority in the granting of such permits. If an order of priority is established by the District, the City employees shall be given priority directly after priority provided to the children of District employees. For the purposes of this paragraph, City employees include independent contractors who fill the role of an officer or employee, but shall not include non-residents who may serve on City commissions. Upon request from the District, the City shall confirm whether persons seeking a permit are City employees. The District may refuse to provide priority to any City employee for cause, including, but not limited to, if the District determines that the child for whom enrollment is sought has a disciplinary history that would otherwise preclude enrollment. . 7. Professional Development for Preschool Teachers. During the term of this Agreement, the District shall provide professional development to preschool teachers employed by the City. The professional development shall be coordinated by the District's Assistant Superintendent of Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 18 of 38     -9- B0785-0001\2436891v4.doc Education Services and shall include, without limitation, professional development that will specifically aid the preschool teachers to prepare students to enter the District's elementary schools. 8. Participation in District Safety or Fire Drills. The District shall include the City’s licensed Preschools in all safety or fire drills that occur at each District Facility, and shall provide the City’s on-site staff with written notice of upcoming drills at least 72 hours in advance of the scheduled drill date. 9. Cable Television Programming a. The District shall provide programming, or make available to the City air time for City programming, for a minimum of 520 hours per year on KBEV, the District's television station, for programs of public interest, including educational and community related programs. b. In addition to the 520 hours of general programming, the District shall broadcast public service announcements provided by the City concerning emergency preparedness. Each public service announcement provided by the City shall be broadcast at least once per day on at least five days per week, provided however, that the District need not broadcast more than thirty minutes of public service announcements provided by the City in any one day. Section 6. City Obligations. In addition to the compensation and payment described in Section 4, the City shall provide to the District the following: A. Scheduling System. The City shall keep current the Shared Scheduling System established pursuant to Section 2 of this Agreement with respect to City Recreation Programs. B. 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 Memorandum of Understanding for the CCTV Program at Exhibit C. C. 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") and as described in the Memorandum of Understanding for the School Liaison Officers Program at Exhibit D. D. Special Police and Fire Services. The District may request in writing that the City provide certain police and fire services. In such cases, the Chief of Police or Fire Chief may agree to provide the requested services. The District shall pay the City all costs that City incurs in providing the requested services in excess of $20,000 per year. Section 7. Indemnification. A. It is understood and agreed that, pursuant to Government Code Section 895.4, the District agrees to indemnify, defend and hold harmless the City, City Council and each member thereof, and every officer, employee and agent of City, from all claims, suits or actions of every name, kind and description, including attorney fees and costs, brought for or on account of injury (as defined in Government Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 19 of 38     -10- B0785-0001\2436891v4.doc Code Section 810.8) arising from the acts or omissions of District in connection with its obligations and performance under this Agreement, including, without limitation, any and all injuries arising from a third party's use, whether active or passive at the District's Beverly Hills High School, Beverly Vista Middle School, El Rodeo Elementary School, Hawthorne Elementary School, Horace Mann Elementary School, and the District Annex. B. It is understood and agreed that, pursuant to Government Code Section 895.4, the City agrees to indemnify, defend and hold harmless the District, the Board and each member thereof, and every officer, employee and agent of Board, from all claims, suits or actions of every name, kind and description, other than those related to the disclosure of records pursuant to Education Code Section 49060 et. seq. and/or 20 USC Section 1232g, including attorney fees and costs, brought for or on account of injury (as defined in Government Code Section 810.8) arising from the acts or omissions of City in connection with its obligations and performance under this Agreement. C. City agrees to require all third party organizations which the City authorizes to use District Facilities to execute a document stating the following: [Name of the Organization] agrees to hold harmless, defend, and indemnify the Beverly Hills Unified School District, including its Board members, agents, officers, employees, and representatives, and the City of Beverly Hills, including its agents, officers, employees, and representatives against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, or loss was solely due the sole negligence or willful misconduct of the Beverly Hills Unified School District or the City of Beverly Hills), whenever such injury, death, loss, damage, or claim is a consequence of, or arises out of use of or access to the District Facilities as [Name of District Facilities], by [name of organization] or its agents, officers, employees and representatives. D. This section shall survive the expiration or earlier termination of this Agreement. Section 8. Insurance. The District and City shall each maintain in full force and effect during the term of this Agreement, commercial general liability insurance, insuring each party against liability as may arise pursuant to each party's respective indemnity obligations pursuant to Section 7 of this Agreement. Both the District and the City shall have the right to comply with this Section 8 by provision of self insurance. Any City-sponsored activities occurring on District Facilities shall be covered by the City’s insurance, or by the insurance of the Third Party using District Facilities. Section 9. Annual Compliance Review. The District and City shall conduct quarterly meetings to ensure compliance with this Agreement. Prior to the beginning of each fiscal year, but in no event no later than July 1st, the Director shall provide a report to the City Manager and the District Superintendent on the each party's compliance with this Agreement for the prior year. The report shall focus on the availability of the District Facilities for the City's use, the City's access to District Facilities, the City's use of District Facilities, including the City's compliance with its obligations pursuant to this Agreement, the maintenance of the District Facilities, the District's cancellation, if any, of the City's scheduled uses and other pertinent information. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 20 of 38     -11- B0785-0001\2436891v4.doc Section 10. Accountability and Audit. A. It is in the best interest of the public if the benefits of this Agreement are well understood. The parties agree that the District shall include and clearly acknowledge in its annual budget the payments made to the District under this Agreement as a separate line item in that budget. B. The District and the City shall each maintain records of accounts maintained by the District and the City for the receipt and disbursement of any funds received in connection with this Agreement according to accepted government accounting principles, which records shall be available to the District and the City for audit. The District and the City shall allow a representative of the other Party to examine, audit and make transcripts or copies of such records during regular business hours upon notice by the requesting Party. The District and the City shall fully cooperate in any audit or request for examination of records. C. The District shall maintain complete and accurate records, including invoices, of any expenditures or disbursements for payments provided in Section 4. The District shall maintain such records for a period of two years after the termination of this Agreement. All such records and invoices shall be clearly identifiable. The District shall allow a representative of the City to examine, audit and make transcripts or copies of such records during regular business hours upon notice to the District by the City. The District shall provide the City with its full cooperation in any audit or request for examination of records. D. If the City determines, after a review or audit of District records, that any portion of the payments provided in Section 4 has not been expended as authorized, then the City shall provide notice of that determination to the District. Within ten days of such notice, the District shall provide a response indicating whether the District disputes the City's determination or whether the District intends to reimburse the City that portion of the payment(s) paid to the District and not expended as authorized. Reimbursement of any undisputed amount shall be made within thirty (30) days after the City has provided notice to the District pursuant to this paragraph D. If the District disputes the City's determination, the parties shall meet to attempt to resolve the dispute within thirty (30) days after the City has provided notice to the District pursuant to this paragraph D. If the dispute remains unresolved after the meeting, the parties shall have all remedies available at law or equity. For the purposes of this paragraph, "direct costs of crossing guard services" shall have the meaning set forth in Section 4.B. Section 11. Force Majeure. Neither party hereunder shall be deemed to be in default where delays or failures to perform are due to Force Majeure. For purposes of this Agreement, the term "Force Majeure" shall mean the following: strikes, lockouts or labor disputes, acts of God, pandemics, acts of enemies or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, or a taking of a whole or a portion of the District facilities by condemnation or eminent domain. Any Party intending to rely upon Force Majeure to forgive performance shall give notice of the Force Majeure and the full particulars of such Force Majeure in writing to the other Party within a reasonable time after occurrence of the event or cause relied on. The Parties hereby acknowledge that the Coronavirus (COVID- 19) qualifies as a “pandemic” as set forth with the following requirements. Both Parties shall work together in good faith to ensure compliance with any regulation, requirement, or guidelines issued by any government agency related to the COVID-19 virus applicable to any activity authorized by this agreement including but not limited to, implementing social distancing measures and requiring masks during any property use. In the event the district, at its sole discretion, determines that any scheduled event or activity pursuant to this Agreement must be cancelled or revised due to current or future COVID-19 conditions, District shall notify the city in writing and the Parties shall work together in good faith to modify this Agreement or any specific use to address COVID-19 safety concerns. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 21 of 38     -12- B0785-0001\2436891v4.doc Section 12. Breach. Default and Remedies. A. If, at any time, either party determines that the other has failed to perform a material term or provision of this Agreement, then that party shall provide written notice specifying in detail the nature of the alleged breach and the manner in which the breach may be satisfactorily cured. Notice shall also be provided to the District co-administrator via email. B. Upon receipt of the notice of breach, the alleged breaching party shall promptly commence to cure, correct or remedy the identified breach at the earliest reasonable time after receipt of the notice of breach and shall complete the cure, correction or remedy of such breach promptly and within forty-five (45) days after receipt of the notice. However, if the breach is not reasonably susceptible of being cured within forty-five (45) days, then a default shall exist only if the cure of the breach is not commenced within the forty-five (45) day period or thereafter is not diligently prosecuted to completion. To facilitate a resolution of the alleged breach, if the breach has not been cured immediately upon notice, the City Manager and the Superintendent, or their representatives, shall meet within ten (10) days of any notice of breach to attempt to find an appropriate cure for the breach and to otherwise resolve the parties' disputes. 1. Whether or not a breach is cured within the cure period, if a breach occurs for any reason other than mechanical failure or Force Majeure, and the breach results in the cancellation of a scheduled City use or the inability of the public to access the District Facilities at a time when the District Facilities are to be made available pursuant to this Agreement, then the City may deduct the greater of one and a half times the loss of revenue to the City due to the City's displacement, or one hundred seventy five dollars ($175) from the next payment due to the District for each day that that the City use was displaced or the District Facilities were unavailable to the public. In the event that the City deducts payment, the City shall provide the District with documentation of the expenses and/or loss of revenue caused by the displacement. 2. If a breach by the District is not cured within the cure period provided above, then the City may deduct the greater of one and a half times the loss of revenue to the City due to the City's displacement, or seven hundred fifty dollars ($750) from the next payment due to the District for each day that the breach remains uncured after notice of breach is provided by the City. 3. If, after providing the District with notice and an opportunity to cure as provided this Section 12.B, the District fails to maintain its facilities or equipment as required by this Agreement, and, as a result of the District's failure to maintain its facilities and equipment, the City is required to purchase equipment or supplies in order to properly conduct a scheduled City use, then City may deduct the costs of such equipment or supplies from the next payment due to the District. 4. Upon compliance with the provisions of Section 12.A and this Section 12.B, the parties shall have all of the remedies available at law or equity. The remedies set forth in this Section 12.B are in addition to, and not in lieu of, any remedy available at law or equity. Section 13. Civic Center Act. The City acknowledges that under the provisions of the Civic Center Act, commencing with California Education Code 38130 and following, there exists at each and every school facility and grounds of the District a civic center. Nothing in this Agreement shall be interpreted in a manner that violates any provision of the Civic Center Act. Furthermore, notwithstanding any other provision of this Agreement, the City's use of District Facilities shall be subject to, and shall not unilaterally displace, previously scheduled uses under the District's Civic Center Act policies and procedures. To the extent permitted by law, the District's Civic Center Act policies and procedures shall provide priority to the City's uses pursuant to this Agreement over other proposed uses. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 22 of 38     -13- B0785-0001\2436891v4.doc Section 14. No Overtime Payments. Nothing in this Agreement shall be interpreted to require the City to pay overtime or other compensation to District staff for performing any obligations under this Agreement. Section 15. No Obligation to Inspect for Damages. Nothing in this Agreement shall be interpreted to require the City to evaluate school structures or other Facilities for damage, including in the case of natural disasters. Section 16. Source of Funds. Expenditures by the City under this Agreement shall be appropriated from monies in the City's General Fund, provided that no funds shall be expended which are derived from property taxes. Further, no funds expended under this Agreement shall be derived from assessments based on the value of property within the City or from any monies appropriated by the State of California. Section 17. Notice. Any notice required by this Agreement shall be served upon the party personally or by overnight courier service during regular business hours and shall be deemed received on the day of delivery. Notices to the City shall be addressed to City Manager, City of Beverly Hills, 455 North Rexford Drive, Fourth Floor, Beverly Hills, California 90210. Notices to the District shall be addressed to Schools Superintendent, Beverly Hills Unified School District, 255 South Lasky Drive, Beverly Hills, California 90212. Section 18: Amendments to Agreement. Any amendments, modifications or variations from the terms of this Agreement 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 19. Loss of Funding. If this Agreement is terminated for any reason prior to the expiration of its term, the payments specified in Section 4 hereinabove for that remaining portion of the Agreement, calculated to the nearest calendar month, shall also be cancelled. Any portion of said payments already paid by the City to the District, for any period during which this Agreement is no longer in effect, shall be calculated to the nearest calendar month and shall be reimbursed to the City by the District. Section 20. Reimbursement of Funds. In the event a court of competent jurisdiction holds that any money paid to the District under this Agreement has been expended by the City without proper authority and the court holds either that the money must be refunded to the City by the District and/or individual members of the City Council are personally liable to the City for any such exp enditures, the District shall reimburse the City and/or individual members of Council for any such payments up to the amount specified in the judgment, but not to exceed the total payments already made by the City under this Agreement. This section shall survive the expiration or earlier termination of this Agreement. Section 21. Extension of Term of Agreement. The City and the District shall make reasonable efforts to commence discussions no later than July l, 2021 regarding whether the term of this Agreement shall be extended. Such decision shall be in the sole discretion of the City. Nothing contained in this Agreement shall be construed to require either the City or the District to extend the term of this Agreement or to enter into a new agreement. Section 22. Severability Clause. If any provision of this Agreement 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 the Agreement contrary to the intent of the parties, the City and the District shall use their best efforts to restructure the Agreement consistent with the original intent of the parties. If the City and the District are unable to agree after utilizing their best efforts, this Agreement shall become null and void upon thirty (30) days written notice, and at the election of, either party hereto. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 23 of 38     -14- B0785-0001\2436891v4.doc Section 23. Compliance with Law. In performing its obligations under this Agreement, each party shall undertake its respective activities in compliance with all applicable local, state and federal laws. Section 24. Interpretation of Agreement. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The section headings are for purposes of convenience only. Section 25. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the District, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both the City and the District. Section 26. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California. Section 27. Attorney Fees. In the event that the City or the District commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. Section 28. Nondiscrimination. The Parties shall comply with all applicable non-discrimination laws and shall not discriminate against any person on account of race, color, religion, sex, marital status, mental or physical disability, gender, gender identity, gender expression, sexual orientation, ethnicity, ethnic group identification, national origin or nationality, ancestry, or a perception that a person has any of these characteristics or that the person who has, or is perceived to have, any of these characteristics. [signatures follow on next page] Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 24 of 38     -15- B0785-0001\2436891v4.doc Executed on the day and year first above written, at Beverly Hills, California. CITY OF BEVERLY HILLS A Municipal Corporation _______________________________________ ____________________ Mayor of the City of Beverly Hills, California ATTEST: _______________________________ (SEAL) ____________________ City Clerk BEVERLY HILLS UNIFIED SCHOOL DISTRICT _________________________________________ LISA KORBATOV President, Board of Education _________________________________________ MICHAEL BREGY Secretary, Board of Education (Signatures continue) Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 25 of 38     -16- B0785-0001\2436891v4.doc APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________________ ________________________________ LAURENCE S. WIENER _________________ City Attorney City Manager _________________________________ TERRY TAO District Counsel Superintendent Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 26 of 38     EXHIBIT A B0785-0001\2436891v4.doc EXHIBIT A Designated Point Person and Other Responsible Personnel District Co-Administrator: Dr. Michael Bregy, Superintendent of BHUSD Schools District Designated Point Person: Timothy Ellis, Executive Director of Athletics/JPA. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 27 of 38     EXHIBIT B -1- B0785-0001\2436891v4.doc EXHIBIT B Facilities Operating Standards Access A. ADA Compliance. In all events, including during construction periods, the District shall ensure that Facilities used by the City under this Agreement are compliant under the American with Disabilities Act of 1990 ("ADA"), including providing an ADA path of travel. If necessary, remote gate access to the Facilities shall be provided to the appropriate City staff. Key Card Access. If a key card system is installed at a particular school site, access cards shall be provided to the appropriate City staff. B. Request for Facilities Use. Except as otherwise provided in paragraphs H through L below, for Fiscal Year 20/21, the City shall provide to the District a use schedule including the minimum number of classrooms, field, and other Facilities needed for City programs at least 90 days prior to the start of the school year. The District shall confirm availability of the Facility space or discuss acceptable options within 15 days of the City’s request. Once confirmed, the District shall guarantee availability of the District Facilities for City programming for the term of the school year. For Fiscal Years 21/22 and 22/23, except as otherwise provided in paragraphs H through L below, the City shall provide to the District a use schedule including the minimum number of classrooms, fields, and other Facilities needed for City programs at least 90 days prior to the start of the school year. The District shall confirm availability of the Facility space or discuss acceptable options within 60 days of the City's request. Once confirmed, the District shall guarantee availability of the District Facilities for City programming for the term of the school year. Notwithstanding the foregoing, the City may require additional Facilities to accommodate fluctuations in enrollment in City programs from session to session. In such instances, the District shall provide the additional Facilities unless such availability would interfere with District Activities or a previously scheduled Civic Center Act use. In the event that the District is unable to provide access to any classroom, field, or other District Facility, the designated point person for the District shall confer with City staff to reach an alternative arrangement that will not negatively impact City programs. C. Storage. Rooms and District Facilities provided must include adequate and separate storage for City programs based on enrollment and nature of program offered (for example, separate locked storage in ceramics room, Adventure Camp rooms, STAR, Adult Basketball League, etc.). In the event that separate storage space is not available, the District shall permit the City to store materials in a locker at the City's own expense. D. Telephone Access. The District shall provide operable phones to receive and make calls (to multiple area codes) in all classrooms used by the City. Phone numbers shall be provided to the City to distribute to City Recreation Program participants as appropriate. E. Internet Access. City staff working in assigned Preschool or Adventure Camp rooms shall be provided access to the District’s internet and/or wi-fi network for work-related research and information, including access to any passwords needed to access the District’s internet and/or wi - fi network.. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 28 of 38     Exhibit B -2- B0785-0001\2436891v4.doc F. District Staff Time. The City may occasionally require assistance from District staff with respect to operation of audio-visual equipment. In such instances, the District shall make available its staff at the District’s expense, up to 25 hours per year, subject to the specific terms and conditions of the employment terms of the District’s staff. In no event shall the City pay overtime for AV staff, for services covered under this Agreement. G. Restrooms. The District shall make available the restroom facilities closest or in close proximity to City programs for City use. Restrooms, including high school swim gym lockers and showers, shall be cleaned prior to City afterschool and weekend use throughout the school year, and shall remain open until the City’s programs are completed. H. Weekday Use of Outdoor Facilities. The District shall provide access on “Pupil Free Days” to both the Outdoor Facilities located at TK-5 school campuses and the Outdoor Facilities located at Beverly Hills High School for drop-in use by the City . These days will be treated as School days in terms of the hours of availability, exclusive of the summer months. I. Library Access. The days and hours that Library Facilities shall be available will be agreed upon by the District Superintendent and the City Manager in writing prior to the beginning of each school year. Provided however, that each of the K-5 school libraries shall be made available for not less than three (3) hours per week and the Beverly Hills High School library shall be made available for not less than six (6) hours per week, after the hours of instruction have ended for the school day. The District shall not be obligated to keep any of its libraries open during pupil free days, local holidays, weekends, school vacations, State or Federal Holidays, or days that students do not attend school. The District shall immediately inform the City of any changes to the hours. a. The District shall provide the physical premises including reading rooms, appropriate library furniture and utilities; maintenance and support services including janitorial services and security as provided in this Exhibit B; the District's children's library collection, including books, periodicals and audio-visual materials; and personnel to operate the library. b. Each of the libraries while open under this Agreement shall be under the supervision of at least one employee of the District. Other personnel shall be assigned to staff the libraries as needed. The District shall have the responsibility and sole authority to make all decisions concerning the operations, including the staffing, of the libraries as appropriate to meet the requirements of this paragraph J. The District shall take appropriate steps to ensure that all personnel working in the libraries during the hours covered by this Agreement have received appropriate background checks and training to work with school age children. c. Notwithstanding the foregoing, the District shall not be obligated to supervise the library during hours that Classes are conducted. The City is responsible for assuring that the library facilities and their collections are properly protected from harm and are not displaced or damaged during City's Classes. J. English as a Second Language Program. The City shall continue its current arrangement of housing English as a Second Language programming at the District Office, except that, in addition to the current arrangement, the City shall have use of the District Annex on Wednesdays and shall have Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 29 of 38     Exhibit B -3- B0785-0001\2436891v4.doc use of a second room on Mondays if space allows. Any further changes to the current class schedule or room shall require a meet and confer between the District and the City’s staff. K. Limited Flyer/Banner Distribution. In the event that the City elects to provide publicity for its events in print, the District shall ensure that flyers and/or banners are distributed to the designated classrooms and are on display at the office front counter or designated publicity display at each designated campus. All official notices relating to the City Recreation Programs shall be posted at each school, provided, however, the District shall approve the location of the posting. During the term of this Agreement, the District shall not permit flyers and/or banners to be distributed at the schools, whether by posting, electronic means, or any other means, for recreation programs and activities that might compete with the City’s sponsored recreation programs and activities. L. Class Promotions and Demonstrations. The District shall accommodate the City's request to promote new classes through lunch-time and afterschool demonstrations. M. Facility Closure. In the event that District Facilities must be closed for longer than 15 days, the District shall meet with City to discuss cure provisions and plan for reopening facility. Security A. Opening and Securing Facilities. At the District's expense, the District’s staff shall open and close District Facilities on weeknights and weekends. This includes, but is not limited to: 1. Providing adequate staff to ensure that the gates or entry doors (whichever is applicable) to the classroom, library, and other District Facilities, including available parking lots, are open and freely accessible to school age residents during the days and hours agreed upon by the District and the City, and locked after the City's use, including community drop -in use. 2. Providing adequate staff to ensure that the gates or entry doors to the Outdoor Facilities are open and freely accessible during the days and times required under this Agreement, and locked after the City's use. Unless otherwise agreed to in writing, the procedure for opening and securing facilities shall be standardized across schools. 3. Ensuring that only authorized persons, as permitted under this Agreement, are using District Facilities. This includes, but is not limited to checking and enforcing permits (except as provided in Paragraph 4 of this section) and maintaining a visible and engaged presence at the District Facilities. At minimum, the District shall maintain the same level and quality of security during after-school and weekend events as it does during school hours. If the City is notified that security during City Recreational Programs does not satisfy the conditions of this paragraph, the City can notify the District of their security concerns and the District will address those concerns. 4. On a year-round basis, and as needed by the City, the City shall provide City Ambassadors or other designated personnel to verify sports group permits on the District’s fields and/or athletic facilities, up to 39 hours per week. Ambassadors shall not provide any other security services. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 30 of 38     Exhibit B -4- B0785-0001\2436891v4.doc B. Emergency Preparedness. 1. The District shall provide City staff with the cell phone number of responsible school personnel after school hours or on weekends in case of emergency. 2. The District shall communicate to any City employees designated to staff City programs any necessary information about an emergency or issue on campus that would affect a City program, class, camp or event. Advance notice of at least 72 hours should be provided whenever possible. 3. The District shall permit the City to locate emergency containers at each of the District’s school sites. The District shall provide a location on each campus that is acceptable to the City in size and location. 4. The City will provide the district a key for emergency containers. C. The District shall not relocate the emergency containers without advance notice to the City. In the event that an emergency container must be relocated, the District shall be responsible for moving, emptying, and repacking such container. At all times, emergency containers shall be kept in a location that is accessible to the City. D. On a year-round basis, and as needed by the City, the City shall provide City Ambassadors or other designated personnel to verify sports group permits on District fields and/or athletic facilities, up to 39 hours per week. Ambassadors shall not provide any security services for the District. Standard of Care, Maintenance, and Repairs A. Routine and/or scheduled maintenance shall be scheduled for times that do not conflict with City's scheduled use. In the event that District's scheduled maintenance will conflict with the City's use, the District shall provide at least thirty (30) days advance notice via email. B. Routine Maintenance: Routine maintenance shall include all of the following: a. For TK-5 schools and Beverly Vista Middle School, the provision of janitorial services including but not limited to vacuuming carpets, wet mopping floors, emptying and removing trash regularly, and sanitizing to prevent the spread of infectious diseases. These services shall be provided to year-round City-operated services at school facilities, including the City’s preschool program. b. For Beverly Hills High School, the janitorial services in Section A.1.a above and the provision of custodial services in the swim gym restrooms, locker areas and shower areas, including restroom area adjacent to pool deck. These custodial services shall include cleaning and disinfecting showers, restroom facilities, floors, and sanitizing to prevent the spread of infectious diseases. The District shall perform a deeper cleaning prior to the summer aquatics programs which begins in June. This deeper cleaning may include steam cleaning of all tile and floors in locker rooms, sanitizing to prevent the spread of infectious disease, and performing any minor repair and beautification as needed, including changing burned out light bulbs, repairing broken fixtures, clearing drains of debris and bugs, and touching up painting. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 31 of 38     Exhibit B -5- B0785-0001\2436891v4.doc c. For all upper gyms that are scheduled for use by the City, the District’s staff shall sweep floors, remove all trash, and empty trash cans before City use begins, unless the City use is scheduled immediately after a District Activity such that it is impossible for the District to perform intervening janitorial services. In such instances, the District shall provide additional trash cans and floor sweeping equipment to accommodate the City’s use. d. The District will remove existing debris from window grates, and regularly clean window grates to keep them free of debris. C. District shall maintain District Facilities (e.g. resurfacing of Swim Gym and Upper Gym Courts, sweeping and resurfacing of black top, field maintenance of girls' softball field, removing sharp edges of tile in Swim Gym pool) in a safe condition and make its regular maintenance schedule known to the City. Once each year, by December 1, the District shall identify two weeks during which District Facilities will be closed for annual preventative maintenance, as well as deep cleaning for both swim gym and upper gyms. The City will be provided with written notice of the annual closure no later than six months prior to the scheduled start date of the annual closure. After this notice has been sent, the District must notify the City promptly of any expected changes to the dates of the annual closure. Any changes to the scheduled annual closure must be approved by both the District and the City. 1. Once every two years, beginning with Fiscal Year 20/21, the District shall resurface the floors of all upper gyms, and perform any cleaning and maintenance or repairs to the swim gym, including to the pool. Additional repairs to these facilities will be conducted on an as-needed basis. D. All equipment and technology provided at District Facilities shall be maintained in good working order (e.g. ceramics equipment, photography equipment, etc.). E. In the event that the District discovers that District Facilities or equipment used by the City under this Agreement are in disrepair, District shall notify the City of the need for repairs. Unless otherwise approved by the City, District shall make the repairs, to the City's satisfaction, according to the following schedule: 1. For repairs that can be addressed by District staff ("Minor Repairs"), repairs must be complete within 7 calendar days from the date of discovery or notice, whichever is earlier. 2. For repairs that cannot be addressed by District staff and require an outside contractor ("Major Repairs"), repairs must be complete within 15 calendar days from the date of discovery or notice, whichever is earlier. 3. District notes that repairs on buildings that are 80 plus years old are sometimes dependent upon securing a vendor and/or parts that can repair the Facility to working order. The procuring of such vendors and/or parts may not be able to fit into the above guidelines. The District reserves the right to repair the said Facility as quickly as is possible noting that the repairs may take longer than expected. If any repairs subject to this paragraph result in facility closures of more than 15 days, the District shall meet with the City to discuss cure provisions and plans for reopening the facility. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 32 of 38     Exhibit B -6- B0785-0001\2436891v4.doc 4. For repairs that require a facility closure of more than 15 days, the District shall meet with the City to discuss cure provisions and plans for reopening the facility. F. In the event that the City discovers that District facilities or equipment used by the City under this Agreement are in disrepair, City shall notify the District promptly via phone and email. Upon receiving notice, District shall make the repairs, to the City's satisfaction, according the schedule outlined in paragraph C above. G. District's failure to make repairs pursuant to paragraphs C and D above shall constitute a material breach subject to the provisions of Section 12 of this Agreement. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 33 of 38     EXHIBIT C -1- B0785-0001\2436891v4.doc EXHIBIT C Memorandum of Understanding for the CCTV Program Installation. Setup, and Maintenance A. The District desires to install Closed Caption Television (CCTV) cameras at its school sites and seeks the assistance of City police in emergency situations. In order to address real-time emergency situations, the CCTV system shall be set up to allow City police personnel emergency access to live stream footage under the limited circumstances specified below. B. The City shall furnish and configure a scalable Milestone Video Management System (VMS) capable of accommodating up to 550 IP-based cameras with disk capacity sufficient for thirteen months of data storage. The VMS shall include emergency web access and/or other federated secure access methodology for police personnel through a user authentication system as determined by the City's best practices for video management systems. C. The City and the District’s staff shall work together to identify an appropriate number of initial cameras to be installed, camera locations, camera type, and general system configurations. Camera models will be driven by the particular mission of the camera as determined by the District and the City’s staff. Once a camera location has been identified, the District shall provide the necessary mounting boxes, ethernet cables, media converters, conduits, and network switches based on the City’s specifications. The City will provide equipment necessary for internet service provision. The camera will be the demark point, and all required upstream equipment will be the responsibility of the District. Existing IP-based cameras at Horace Mann shall be incorporated into the VMS. As proposed, the system will provide a full-featured video management suite that includes all the following high-level functionalities: 1. Ability to view all cameras from any networked PC; 2. Ability to add/delete users; 3. Ability to permission users, as appropriate; 4. Ability to create customized camera views; 5. Ability to permission users for live view only or live view plus playback; 6. Ability to permission users to export video data; 7. Ability to manipulate pan-tilt-zoom cameras; 8. Ability to physically change fixed camera views; and 9. Ability to review usage logs. D. Upon installation of the cameras and at intermittent times thereafter, the City shall conduct routine testing and training services for personnel. Access for training or administrative access will be done either before school hours, or after school hours at times mutually agreeable to the City and the Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 34 of 38     Exhibit C -2- B0785-0001\2436891v4.doc District. The City shall give at least 14 calendar days notice of such testing and training. During testing and training exercises, the District shall be responsible for ensuring that no students will be present in areas covered by the camera feeds. To ensure readiness of the system, and to ensure proper operations and training on the system by police personnel, non-emergency, administrative user log-ins to the VMS will be required. Provided however, that access to the system for routine maintenance services shall be done during a mutually agreed upon established maintenance window (e.g. Mondays 6:00 AM to 6:30 AM). E. The City shall provide third party Milestone-certified VMS administration, systems administration, and other general maintenance services related to the cameras and camera system. The City shall not store or otherwise retain any video camera footage from the CCTV camera feeds. F. Once the initial VMS is established, the City shall increase system capacities up to the 550 camera mark based on overall system demand as determined by the City's best practices for VMS. The District and the City’s staff shall make all necessary network, firewall, and other security sc hema changes as specified by the City needed to establish and maintain the system. For resiliency and continuity purposes, the City may elect to establish the system within a secure, District -dedicated private cloud environment. City Access in Emergency Situations A. In connection with an emergency and when necessary to protect the health or safety of a pupil or other persons, the District shall allow the City's police personnel to access the District's CCTV camera feeds pursuant to 20 USC Section 1232g(b)(l)(I) and California Education Code Section 49076(a)(2)(A). Except as provided herein, the City shall not access the District CCTV camera feeds without the express written consent of the District. The City shall not download, or otherwise store any video content from the camera feeds unless otherwise authorized in writing. The Parties shall work together to ensure any image or information obtained through the cameras provided herein comply with all applicable regulations regarding confidential student records. B. The District shall provide at least five mutually-agreed upon generic external user log-ins to the Milestone Video Management System to police personnel for use in emergency situations. C. The City's log-in(s) to the Milestone Video Management System shall be recorded by the District. Such log-in(s) constitute the District's release of the video camera records to the City. The District agrees that release in such emergency situations is necessary to protect the health or safety of students and other individuals at the respective school site. D. The District's release of the video camera feed to the City is for the express purpose of addressing real time emergency situations. Except as otherwise authorized in writing, the City shall not use the video camera feed(s) for any purposes other than for addressing such real time emergency situations. E. Except as otherwise required by law or authorized in writing by the District, or for routine administration and maintenance purposes, the City shall not permit any party to access the camera feed. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 35 of 38     Exhibit C -3- B0785-0001\2436891v4.doc F. In the event that viewing the camera feed results in the receipt of a student's personally identifiable information, the City shall not disclose such information from the camera feed to any other third party without the prior consent of the parent or eligible student unless otherwise permitted by 34 C.F.R. § 99.33(b) or required by law. G. Upon request and provided that such information is in its possession, the City shall provide the District with information regarding person(s) who viewed the camera feed and the interest the person(s) had in accessing the camera feed. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 36 of 38     Exhibit D -1- B0785-0001\2436891v4.doc EXHIBIT D Memorandum of Understanding for the School Liaison Officers Program A. The District is in need of special services available through the School Liaison Officer ("SLO") Program. B. The City employs sworn peace officers specially trained, experienced and competent to provide the Services, and the City is willing to provide Services to the District on the terms and in the manner provided herein. C. The City and the District desire to have a working partnership so as to provide the District with one or more full time sworn officer(s) with the Beverly Hills Police Department ("BHPD") who shall function as SLOS to promote safety in the learning environment. The services provided by the SLOs shall be limited to school campuses in need of an SLO presence, as mutually determined by the City and the District. The services provided by the SLOs are not intended to supplant those provided by any of the District’s existing security personnel. 1. The City shall provide SLOS in accordance with the City's employment procedures and conditions. The City, in its sole discretion, shall determine which SLOS will be assigned to perform the Services. D. SLOS shall be stationed in and around the assigned schools, provided however, that such services shall be performed under the supervision and control of the Beverly Hills Chief of Police ("Chief of Police"). 1. SLOS shall perform his/her duties in full police uniform. This uniform will include safety equipment designated for use by sworn field personnel pursuant to BHPD policies and practice. 2. The City shall use its best efforts to ensure that the same person provides Services to the same campus except when he/she is on paid leave or otherwise absent. Subject to provisions of relevant City personnel policies or labor agreements, the City shall use its best efforts to schedule SLOs so that at least one SLO is on duty each day that school is in session. However, SLOs shall be available for emergency calls off of the campuses as determined by the Chief of Police. E. The duties of the SLOs will primarily include, but will not be limited to: 1. Make themselves visible on campus during school hours, and, in doing so, be part of the school crime prevention efforts. 2. Establish and maintain a liaison between District and BHPD staff, and elements of the juvenile justice system. 3. Serve as a resource to District staff including administrators, faculty, and security personnel as well as students and their guardian(s) on all law enforcement-related issues including crime prevention and investigations. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 37 of 38     Exhibit D -2- B0785-0001\2436891v4.doc F. City may, in the sole discretion of the SLO and/or the Chief of Police, perform the following discretionary services: 1. Conduct patrol activity in and around the designated campuses. 2. Conduct preliminary and follow-up investigations of crimes that occur on or near the designated campuses. 3. Additional security services requested by the District. District may request in writing that City provide additional services by an SLO during evening or weekend events such as PTA meetings, Back-to-School Nights, Open House(s), sporting event(s), dance(s), prom(s) or other District sponsored events that are not covered by this Memorandum of Understanding. Such notice shall be provided no less than 30 days prior to the scheduled date of the event. In such cases, the Chief of Police may agree to provide the requested services pursuant to a separate written agreement that will establish the specific terms and conditions of the additional service, including the specific payment and personnel involved. The District shall pay to the City all costs that the City i ncurs in providing the additional requested services in excess of the amount authorized in Section 6.1 of this Agreement. The District understands that the City is generally required to pay SLOS at least one and one-half (1 1/2) times their regular rate of pay for overtime. G. The District shall perform the following mandatory services: 1. Designating its Executive Director of Athletics/JPA, or an alternate as designated by the Superintendent, as a liaison to the BHPD. The Director or his/her designee shall: (a) facilitate communication between District personnel and the SLOs; and (b) help coordinate the SLOs' activities with District activities and events. 2. Cooperating with the SLOs as requested. Item D Attachment B - 2020- 2023 BHUSD-City JPA Agreement     Packet Pg. 38 of 38