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HomeMy WebLinkAbout1997-08-11 City Council (26)TO: City of Palo Alto C ty Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: Community Services AGENDA DATE: SUBJECT: August 11, 1997 CMR:312:97 PROPOSED AMENDMENT NO. 1 TO AGREEMENT NO. 0070861 AND BUDGET AMENDMENT ORDINANCE FOR COMMUNITY SPORTS PROGRAM AT J. L. STANFORD AND JORDAN MIDDLE SCHOOLS REO_UEST This is a request for approval of a proposed amendment No. 1 to Agreement No. 0070861 for administration of Community Sports Program at J. L. Stanford and Jordan Middle Schools and corresponding Budget Amendment Ordinance. Staff recommends that Council: 1.Approve and authorize the City Manager to sign and execute the proposed Amendment No. 1 to Agreement No. 0070861, attached to this report, on behalf of the City. 2.Approve the corresponding Budget Amendment Ordinance attached to this report. This is a change to current City policy: Program revenue, for the first time, will be shared with Palo Alto Unified School District (PAUSD) for the Community Sports Program at J. L. Stanford and Jordan Middle Schools. The revenue shared with PAUSD reflects a participation fee increase and the funds needed to pay for the PAUSD portion of the program. The portion retained by the City is equivalent to previous years’ revenues, and covers all program costs incurred by the City. CMR:312:97 Page 1 of 3 The City of Palo Alto has had an agreement since 1991 with the PAUSD to administer the Community Sports Program at J. L. Stanford and Jordan Middle Schools. This agreement has provided for the successful joint operation of a sports program serving up to 834 participants annually. Proposed Amendment No. 1 authorizes a two-year extension of the agreement from August 1, 1997 - August 31, 1999. The only significant change in the terms of the agreement has the City sharing 29 percent of the expanded program revenue with the PAUSD. This change was created to address a budget shortfall that the schools are experiencing in funding their portion of the program. After exploring all options, a joint City/PAUSD committee determined the best approach to solve the budget shortfall was to increase program fees. Fees will be increased an average of $30 per sport. The City will continue to collect all participation fees from program participants. The City will pay 29 percent of the fees to PAUSD and retain 71 percent of the fees. The City’s portion is sufficient to realize the same revenue total as in previous years and to cover all program costs incurred by the City. All other changes are minor wording adjustments for clarification purposes. An additional $26,000 in revenue and $26,000 in contract expenditures will need to be added to the Community Services Middle School Athletic budget. There will be no net increase in cost to the City. A Budget Amendment Ordinance (BAO) is attached. PAUSD determined that they would have a budget shortfall in March 1997, and approached the City to begin discussions of how to best address their budget problem with the least impact to the program. A contract amendment to reflect this new situation was agreed upon and finalized in June 1997. The timing of the discussions initiated by PAUSD and consequent amendment development, did not allow for the budget adjustment to be accomplished through the normal budget process. ~NMENTAL ~ This program is not a project as defined by the California Environmental Quality Act and is not subject to its requirements. CMR:312:97 Page 2 of 3 ATTACHMENTS Amendment No. 1 to Agreement No. 0070861 Budget Amendment Ordinance Prepared By: Barry Weiss, Recreation Superimendent Department Head Review: PAUL THILTGEN Director of Community Services City Manager Approval: EMILY HARRISON Assistant City Manager CMR:312:97 Page 3 of 3 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1997-98 TO INCREASE REVENUES AND EXPENDITURES IN THE YOUTH AND TEEN PROGRAMS FUNCTIONAL AREA OF THE COMMUNITY SERVICES DEPARTMENT WHEREAS, pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 23, 1997 did adopt a budget for fiscal year 1997-98; and WHEREAS, the City of Palo Alto has had an agreement with the Palo Alto Unified School District (PAUSD) since 1991 to jointly administer a Community Sports Program; and WHEREAS, to address a PAUSD budget shortfall for their share of administering the program, the City will increase user fees and pass along the increased revenue to PAUSD; and WHEREAS, this fee increase is already built into the Adopted 1997-98 Municipal Fee Schedule; and WHEREAS, the 1997-98 budget needs to be amended to acknowledge the revenue increase and to increase the budget appropriation for expenditures for the PAUSD contract; and WHEREAS, City Council authorization is needed to amend the 1997-98 budget as hereinafter set forth. NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION I. Revenue in the Youth and Teen Programs Functional Area in the Community Services Department is increased by the sum of Twenty Six Thousand Dollars ($26,000). SECTION 2. The sum of Twenty Six Thousand Dollars ($26,000) is hereby appropriated to the Other Contract Services budget for the Youth and Team Programs Functional Area in the Communitj Services Department. SE<TION 3. This transaction will have no affect on the Budget Stabilization Reserve. SECTION 4. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 5. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. SECTION 6. As provided in Section 2.04.350 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM:City Manager- Senior Asst. City Attorney Acting Director, Administrative Services Department Director of Community Services Department AMENDMENT NO. ONE TO AGREEMENT NO. BETWEEN THE CITY OF PALO ALTO AND PALO ALTO UNIFIED SCHOOL DISTRICT This Amendment No. One to Agreement No. ("Contract") is entered into , .by and between the CITY OF PALO ALTO, a chartered city and a municlpal corporation of the State of California ("CITY"), and PALO ALTO UNIFIED SCHOOL DISTRICT, a unified school district, located at 25 Churchill Avenue, Palo Alto, California 94306("DISTRICT"). RECITALS: WHEREAS, the Contract was entered into between the parties for the administration of community sports program at J. L. Stanford and Jordan Middle Schools; 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 3 is hereby amended to read as follows: "CITY shall be responsible to administer the Program under this Contract as described in Exhibit "A," including the provision of the following services: 3.1 Develop and distribute, with the assistance of DISTRICT, all written information about the Program to students, and parents and guardians of students, at ¯ Jordan and J. L. Stanford Middle Schools. CITY may also distribute such information to any other interested parties in the community. 3.2 Collect Program participation fees from all Participants, as set forth in the fee schedule attached hereto as Exhibit "B" and made a part hereof by this reference. Between August i, 1995 and July 31, 1997, CITY shall retain all revenue from fees collected for the Program. Thereafter, between AuguSt I, 1997 and August 31, 1999, CITY shall collect all revenue from fees for the Program, and share the revenues as follows: (i) CITY shall retain seventy-one percent (71%) of revenue from fees collected for the Program; and (ii) CITY shall pay to DISTRICT the balance of twenty-nine percent (29%) of revenue from fees collected for the Program. The foregoing percentage shares of the parties shall be reviewed annually by them at a meeting of the parties during the month of August. CITY shall also administer any necessary registration paperwork for all Participants, including collecting completed waivers from the Participants. 970618 ~jn 0071230 3.3 Disburse available scholarship funds for the Program to eligible recipients who desire to participate" in the Program, according to the written procedures for such scholarships which shall, be mutually determined by DISTRICT and CITYo CITY and DISTRICT also agree to cooperate to develop a funding base for such scholarships for the Program. 3.4 Provide sufficient staff to administer and supervise the Program, with the cooperation of the "Athletic Director" (as defined under Subsection 4.3 hereof) and the principal at each middle school site. 3.5 Employ all coaches for the Program, including providing the compensation for the coaches. Compensation for the coaches shall consist of payment on an hourly basis, as determined by CITY. ~.6 Administer training for all coaches who will participate in the Program. 3.7 Organize and schedule periodic meetings, as needed, of the "Executive Committee," which committee shall evaluate, make Program recommendations on and advise CITY about the Program, including as set forth below in this Section. The Executive Committee shall be comprised of: (a) the CITY PROGRAM COORDINATOR; (b) the DISTRICT PROGRAM COORDINATOR; (c) the DISTRICT employees designated as Athletic Director for each middle school site; (d) the middle school principals or designee; (e) representatives of local sports organizations participating in the Program; and (f) one (i) parent representative from each middle school selected by the DISTRICT Superintendent or his/her designee. The Executive Committee shall have the following responsibilities: ii. Make the final determination of sports to be offered under the Program. Approve the athletic schedules for the Program, including practices, games and tournaments. iii. Approve the awards policy for Participants. iv.Approve the scholarship policy asprovided under Subsection 3.3 herein. Develop the Program responsibilities for the Athletic Director for each school site. 3.8 Coordinate any participation in the .Program by private sports organizations in ,connection with CITY’sadministration of the Program. 970618 ~ 0071230 2 3.9 Procure all permits and licenses, pay all charge~ and fees, and give all notices which may be necessary and incident to the lawful prosecution of the services to be performed by CITY under this Contract." SECTION 2. Subsection 4.1 is hereby amended to read as follows: "4.1 Provide all of the following for the Program at both J. L. Stanford and Jordan Middle Schools: All equipment for the Program. All uniforms for the participants. All facilities and playing fields at J. L. Stanford and Jordan Middle Schools for the Program. Transportation to and from events necessary for the Program and the Participants. Payment of Stipends to "mentor coaches" participating in theProgram. Mentor coaches shall be certificated staff members designated by DISTRICT to give support to new and inexperienced coaches in the Program. DISTRICT’s stipends shall be in addition to the payment such coaches will receive from CITY in accordance with .Subsection 3.5 hereof. DISTRICT shall als0 ensure that such mentor coaches complete the responsibilities assigned to them by the Athletic director and school principal.." -~ECTION 3. follows: Subsection 4.3 is hereby amended to read as "4.3 Select an Athletic Director for each school site. The Athletic Director for each site shall be responsible to perform the following tasks for each sport and event under the program at the particular site: a.Schedule practices. b.Schedule playing facilities and playing fields. c.-Suggest to CITY candidates for coaches. d.Arrange for all game officials for each sporting event. e. Provide thenecessary equipment. f.Secure and provide uniforms toparticipants.all 970618 ~yn 0071230 3 Coordinate transportation to and from events of Participants. Authorize payment of league dues, awards and officials for the Program from Student Body Funds." follows: SECTION 4.Section 5 is hereby amended to read as "The services to be performed hereunder shall commence on August i, 1995 and shall be completed by August 31, 1999, unless this Contract is terminated sooner as provided herein." SECTION 5. The following exhibits to the Contract are hereby amended to read as set forth in the attachment to this amendment, which are incorporated in full by this reference: Exhibit "A" entitled "COMMUNITY ATHLETIC PROGRAM FOR MIDDLE SCHOOL STUDENTS"° b. Exhibit "B" entitled "FEE SCHEDULE"." SECTION 6. 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 No. One on the date first above written. APPROVED AS TO FORM:CITY OF PALO ALTO Senior Asst. City Attorney APPROVED: Director of Community Services Acting Director of AdministrativeServices City Manager PALO ALTO UNIFIED SCHOOL DISTRICT Its: Superintendent Risk Manager Attachments: EXHIBIT’"A": EXHIBIT "B": COMMUNITY~ATHLETIC PROGRAM FORMIDDLE SCHOOL STUDENTS FEE SCHEDULE 970618 ~yn 0071230 4 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF COLrNTY OF ) ) ) On notary public in and , before me, the undersigned, a 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 instrumenq the person(s), or the entity upon behalf of which the person(s)-acted, executed the instrument. WITNESS my hand and official seal. 970618 ~ 0071230 5 EXHIBIT "A" COMMUNITY ATHLETIC PROGRAM FOR MIDDLE SCHOOL STUDENTS (The "Program") The CITY and the DISTRICT will work together to provide an organized after-school athletic sports program for sixth, seventh, and eighth grade students within the community at J.L. Stanford and Jordan Middle Schools, during the regular 97-99 school years. The CITY will administer the Program as set forth in this contract. Any student who would like to participate in the Program will be offered a chance to join a team. The CITY will enroll and collect fees, registrations and waivers from every participant. The fees w~ll vary for each sport. The range is sixty-five dollars ($65) to one hundred and fifteen ~lollars ($115) per sport, as set forth in Exhibit "B" to this Contract. As with all CITY programs, scholarships will be available to all participants as described in this contract. Participants desiring a scholarship, whether full or partial, will need to submit a request in writing. Scholarships will be available for each sport offered. Local sport organizations will be invited to assist in the coordination of the Program where applicable. An Executive Committee made up of CITY personnel and DISTRICT personnel as described in this contract, and one-parent representative from each of the middle schools will meet periodically to recommend Program policies to the CITY not expressly covered in the Contract. Listed below are the sports to be offered under the Program during school years 1997-99. B_O_Y_.8..GIPJ~~ Basketball Basketball Track Flag Football Volleyball Cross Country Wrestling The Program sports will all take place in or on .the campuses of both J.L. Stanford or Jordan Middle School, and other DISTRICT and/or CITY facilities as determined by the Executive Committee under the contract. 6 EXHIBIT "B" FEE SCHEDULE Listed below are the fees to be charged for the Program. All fees are authorized under the municipal fee schedule. Each participant will be charged one (1) fee per sport. SPORT Basketball Cross Country Flag Football Track and Field Volleyball Wrestling (B/G)$90-115 (Coed)$65-100 (B)$90-115 (Coed)$85-115 (G)$90-115 (Coed)$65-100 7