Purpose

Staff is requesting City Council approval of a resolution that authorizes a formal Sponsorship Agreement (Agreement) between Burbank Water and Power (BWP) and the Burbank Tournament of Roses Association (BTORA) for BTORA�s use of certain BWP facilities.

Background

BTORA is a community-based volunteer organization that for many years has designed and built the float entered in the name of the City of Burbank (City) in the annual Tournament of Roses Parade. For the past 40 years, the City has supported BTORA through the cooperative efforts of BWP and the Parks, Recreation, and Community Services Department.  BWP has allowed BTORA to use certain yard facilities within its main yard where BTORA conducts its float construction activities.

As part of its Yard Master Plan improvements, BWP will provide a better-defined and safer float-building environment for BTORA volunteers:

• BTORA volunteers will enter by the Olive Avenue entrance (Olive Gate), which is immediately next to their float-building area. No longer will they enter through the Lake Avenue entrance, and have to maneuver their vehicles through industrial facilities with numerous potential driving hazards for non-utility workers.

• BTORA supplies and equipment will be concentrated in an area (a standard, metal-framed Auxiliary Warehouse Building and adjoining area) that better separates BTORA and utility activities. At present, BTORA supplies and equipment are scattered among several storage areas.

The necessary yard additions and modifications will be in place early next year, making now an opportune time to conclude a formal sponsorship agreement. Section 33 of the City Charter provides that the General Manager of Burbank Water and Power may enter into agreements for the lease or rental of BWP property, with approval of the City Council.  Although not called a lease, it is the opinion of the City Attorney�s Office that the proposed Sponsorship Agreement bears all the elements of a lease (i.e. the right to enter upon and occupy and use real property for a specified term for consideration) such that Charter Section 33 applies.  Hence, the Sponsorship Agreement is being presented to the City Council for approval.

Analysis

The key features of the attached Agreement include:

• The Agreement will commence on February 1, 2007, allowing BTORA the use of designated BWP facilities on a year-round basis, and limiting ingress and egress through the Olive Gate.

• BWP would continue to own, operate, and maintain the chassis upon which BTORA�s float is constructed.

• BWP may waive charges for electric, water, and sewer service if BTORA cooperates with BWP in the practice of water and energy conservation.

• BWP, upon 60 days� written notice, may require BTORA to relocate its activities and property.

• Either party may terminate the Agreement on 60 days written notice to the other.

• BTORA indemnifies the City except to the extent of the City�s sole negligence or willful misconduct.

The City Attorney�s Office has reviewed the Agreement and approved it as to form.

Fiscal Impact

The fiscal impact associated with this Agreement is positive. The Agreement promotes more efficient use of facilities by both parties, and ensures that BWP�s support of BTORA is properly accounted for.

Recommendation

Staff recommends that the City Council authorize approval of the Resolution entitled, �RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING AND AUTHORIZING EXECUTION OF A SPONSORSHIP AGREEMENT BETWEEN THE CITY OF BURBANK, ACTING BY AND THROUGH BURBANK WATER AND POWER, AND THE BURBANK TOURNAMENT OF ROSES ASSOCIATION.�

Attachment

RED:JD:sk

JD\Burbank Tournament of Roses.agmt

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