HomeMy WebLinkAbout1997-06-23 City Council (38)BUDGET 1997-98
City of Palo Alto
City Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT:Community Services
AGENDA DATE: JUNE 23, 1997 CMR: 280:97
SUBJECT:APPROVAL OF AMENDMENT TO PAUSD AGREEMENT FOR
MAINTENANCE OF DISTRICT ATHLETIC FIELDS
REQUEST
This report requests that Councilapprove the attached amended agreement with the Palo Alto
Unified School District (PAUSD) for athletic field and tennis court maintenance.
RECOMMENDATIONS
Staff recommends that Council approve and authorize the Mayor to sign the attached amended
agreement with PAUSD for two additional years.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
EXECUTIVE SUMMARY
On October 16, 1995 (CMR442:95), Council approved a cooperative agreement between the
City and the PAUSD for maintenance of District athletic fields and tennis courts. The
agreement has City staff assuming athletic field renovation and maintenance at Jane Lathrop
Stanford (JLS), Jordan, and Walter Hays school sites, as well as maintenance of 25 tennis courts
at Gunn, Palo Alto, JLS and Jordan schools. The cost for services for this program is shared
equally on a 50/50 basis. The agreement commenced on January 1, 1997 and will expire on
June 30, 1997.
The City and the District met and agreed that the program has been very successful in providing
improved field and tennis court conditions. The next phase of this agreement is to propose
funding sources and expand the program from its current 20 acres and three sites, to an
additional 11 school sites (approximately 20 acres), as well as beginning capital improvements
for irrigation renovations. To be consistent with the District Building for Excellence Program
to renovate school structures, this request extends the existing contract for two more years,
CMR:280:97 Page 1 of 3
pending completion of District construction work, which affects the size and usability of the
athletic fields.
District Negotiations
The City and the District have entered into negotiations to modify the current agreement to meet
the needs of the City, the District and the community user groups. The following areas of the
agreement are recommended for change:
ao The terms of the agreement will be extended to June 30, 1999. This will allow the
District the time to complete school site renovations and the City to continue to carry out
its maintenance programs.
bo The cost of maintenance for 1996/97 will be increased to reflect the delivery of capital
equipment (trucks, etc.) during this fisc!l year. Due to manufacturing delays, the
¯ equipment was not delivered during fiscal year 95/96 and the 1995/96 budget was
. underspent. The District and the City agree that these costs will be allocated in the year
of actual delivery. For fiscal year 1996/97, this represents $67,920 that will be shared
equally on a 50/50 basis by the District and the City.
Co The current agreement has no inflationary or other cost escalators for salaries and
benefits, but was calculated at a flat rate for two years. The District and the City agree
to recommend that the agreement be changed such that salary and benefit costs
associated with this program will reflect Cost of Living Allowance (COLA) increases,
estimated at 3 percent annually, .and shared equally On a 50/50 basis. For fiscal year
1997/98, this increase is estimated at $7,092 andfor 1998/99 at $7,305.
FISCAL IMPACT
The only impact to the General Fund will be a revenue increase of $33,960, which is associated
with the payment by PAUSD for equipment costs.
ENVIRONMENTAL ASSESSMENT
This project is exempt from the provisions of the Caiifomia Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA guidelines. Therefore, no
environmental assessment is required.
CMR:280:97 Page 2 of 3
ATTACHMENTS
Amended PAUSD Agreement
PREPARED BY: Paul Dias, Director Parks and Golf Division
DEPARTMENT HEAD REVIEW:
PAUL THILTGEN
Director of Community Services
CITY MANAGER APPROVAL:
FLEMING
Manager
Related CMR’s:202:95; 319:96; 442:95
CC: PAUSD
CMR:280:97 Page 3 of 3
AMENDMENT NO. ONE TO AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND THE
PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLARA COUNTY
This Amendment No~ One to Agreement ("Contract") is
entered into , by and between the CITY OF PALO
ALTO, a chartered city and a municipal corporation of the State of
California ("City"), and PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA
CLARA COUNTY, a %nified school district, located at 25 Churchill
Avenue, Palo Alto, CA ("District").
RECITALS:
WHEREAS, the Contract (document no. 0070808) was entered
into between the parties for the provision of athletic fields and
tennis court maintenance services; and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
follows:
SECTION i.Section 2.1 is hereby amended to read as
"The term of this Agreement will commence at 6:00
a.m. on January I, 1996 and expire at midnight on June
.30, 1999, ~.subject to the earlier termination of this
Agreement by any party hereto~upon ninety (90) days’
advance wrihten notice. The preceding sentence
notwithstanding, this Agreement is subject to the fiscal
provisions of the Charter of the City and other Laws of
the City and the District, and this Agreement will
terminate without any penalty (a) at the end of-any
fiscal year in the event that funds are not appropriated
by the council or Board of Education for the following
fiscal year, or (b) at any time within a fiscal year in
the event that funds are not appropriated by the Council
or Board of Education for a portion of the fiscal year
and funds for this Agreement. are no longer avaiiable.
The City or District will use reasonable efforts to give
the other party reasonable notice of terminationin the
event that funds will not be appropriated, No provision
is made for the automatic extension or renewal of the
term."
follows:
SECTION 2.Section 5.1 is hereby amended to read as
"Subject to the provisions of Section 6.3, the
allocable annual costs of maintenance and water (plus
equipment costs and salary and benefits costs, as
appropriate) for the Facilities are estimated by the City
970513 syn 0071139
at approximately three hundred Seventy thousand dollars
($370,000), four hundred thirty-seven thousand nine
hundred twenty dollars ($437,920), three hundred seventy-
seven thousand and ninety-two dollars ($377,092) and
three hundred eighty-four thousand three hundred ninety-
eight dollars ($384,398) for fiscal years 1995-96, 1996-
97, 1997-98, and 1998-99, respectively. The District
will pay one-half of the City’s actual costs, including,
during fiscal year 1996-97, the $33,960 cost of capital
equipment (total cost of $67,920) and, during the fiscal
years 1997-98 and 1998-99, the costs of salaries and
benefits, not to exceed $185,000, $218,960, $188,546 and
$192,199 for the fiscal years 1995-96 through 1998-99,
respectively, unless a different amount is agreed to,
subsequently, in writing, by the City and District. The
final amounts will be determined by the City after the
close of each fiscal year following the reconciliation of
each annual budget."
SECTION 3. Except ~as herein modified, all other
provisions of the Contract, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Manager
PALO ALTO UNIFIED SCHOOL
DISTRICT _
Its: C~irperson of
Superintendent
Director of Community Services
Acting Director of
Administrative Services Dept.
Risk Manager
970513 syn 0071139
2
CERTIFICATE OFACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
)))
On
notary public , before me, the undersigned, a
in and for said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
970513 syn 0071139
AMENDMENT NO. ONE TO AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND THE
PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLARA COUNTY
This Amendment No. One to Agreement ("Contract") is
entered into , by and between the CITY OF PALO
ALTO, a chartered city and a municipal corporation of the State of
California ("City"), and PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA
CLARA COUNTY, a unified school district, located at 25 Churchill
Avenue, Palo Alto, CA ("District").
RECITALS:
WHEREAS, the Contract (document no. 0070808) was entered
into between the parties for the provision of athletic fields and
tennis court maintenance services; and
WHEREAS, the parties wish to amend the Contract;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Amendment, the parties agree:
SECTION i. Section 2ol is hereby amended to read as
follows:
"The term of this Agreement will commence at 6:00
a.m. on January i, 1996 and expire at midnight on June
30, 1999, subject to the earlier termination of this
Agreement by any party hereto upon ninety (90) days’
advance written notice. The preceding sentence
notwithstanding, this Agreement is subject to the fiscal
provisions of the Charter of the City and other Laws of
the City and the District, and this Agreement will
terminate without any penalty (a) at the end of any
fiscal year.in the event that funds are not appropriated
by the Council or Board of Education for the following
fiscal year, or (b) at any time within a fiscal year in
the event that funds are not appropriated by the Council
or Board of Education for a portion of the fiscal year
and funds~for this Agreement are no longer available.
The City or District will use reasonable efforts to give
the other party reasonable notice of termination in the
event that funds will not be appropriated. No provision
is made for the automatic extension or renewal of the
term."
follows:
SECTION 2.Section 5.1 is hereby amended to read as
"Subject to the provisions of Section 6.3, the
allocable annual costs of maintenance and water (plus
equipment costs and salary and benefits costs, as
appropriate) for the Facilities are estimated by the City
970513 syn 0071139
1
at approximately three hundred seventy thousand dollars
($370,000), four hundred thirty-seven thousand nine
hundred twenty dollars ($437,920), three hundred seventy-
seven thousand and ninety-two dollars ($377,092) and
three hundred eighty-four thousand three hundred ninety-
eight dollars ($384,398) for fiscal years 1995-96, 1996-
97, 1997-98, and 1998-99, respectively. The District
will pay one-half of the City’s actual costs, including,
during fiscal year 1996-97, the $33,960 cost of capital
equipment (total cost of $67,920) and, during the fiscal
years 1997-98 and 1998-99, the costs of salaries and
benefits, not to exceed $185,000, $218,960, $188,546 and
$192,199 for the fiscal years 1995-96 through 1998-99,
respectively, unless a different amount is agreed to,
subsequently, in writing, by the City and District. The
final amounts will be determined by the City after the
close of each fiscal year following the reconciliation of
each annual budget."
SECTION 3. Except as herein modified, all other
provisions of the Contract, including any exhibits and subsequent
amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have by their duly
authorized representatives executed this Amendment on the date
first above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
PALO ALTO UNIFIED SCHOOL
DISTRICT
Its : Ch%firperson the~5~ard
APPROVED :
City Manager Superintendent
Director of Community Services
Acting Director of
Administrative Services Dept.
Risk Manager
970513 syn 0071139
2
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
)
))
On
notary public in and for
, before me, the undersigned, a
said County, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
970513 syn 0071139