HomeMy WebLinkAboutStaff Report 112-10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: JANUARY 25, 2010 CMR: 112:10
REPORT TYPE: CONSENT
SUBJECT: Approval of a Cooperative Agreement with the Family Resources
Foundation in Palo Alto for the Continued Funding Support of Program
Staff and the Successful Attainment of Program Goals
RECOMMENDATION
Staff requests that the City Council approve a cooperative agreement with the Family Resources
Foundation in Palo Alto for the continued funding support of program staff and the successful
attainment of program goals (Attachment A).
BACKGROUND
In the State of the City Address in 1994, Mayor Liz Kniss identified the problems and changing
needs of families in Palo Alto. The City Council convened a task force to develop a plan to
address the expressed needs. Focus groups, surveys, and forums were used to solicit input from
the community. The major theme that emerged: though there is a vast array of services in the
community, there is not adequate awareness of these services or easily accessible information
about them. Families also expressed a sense of isolation and often didn't know how to avail
themselves of needed services. The Task Force presented the information from these needs
assessments to the City Council and proposed a plan for a Palo Alto Family. Resources Program.
The main objectives of the plan were to improve `information about' and `access to' services and
to facilitate connections within the community. During 1997, a Family Resources Advisory
Group comprised of City staff and a subset of the Task Force worked together to refine the plan.
A three-phase "high-tech/high-touch" implementation plan, based on the collaboration of
nonprofit service providers, the City of Palo Alto, and the Palo Alto Unified School District was
presented in CMR 415:97 and approved by City Council. The budget for this plan was approved
by City Council in February 1998.
The Family Resources Program has five components:
1. Family Resources Websitez www.cityofpaloalto.org/familyresources
The website, developed through funds contributed by the Yamanouchi USA Foundation,
features over 600 resources in a searchable database which incorporates the standards and
CMR:112:10 Page 1 of 3
practices of the Alliance of Information and Referral Systems and Infoline, Los Angeles.
The Family Resources website offers easily retrievable information about human services
available to the Palo Alto community.
2. Desktop Kiosks of Information
Desktop Kiosks were developed to complement the information contained in the Family
Resources website and to provide a more traditional format in the absence of access to or
comfort with the interne. The Desktop Kiosks contain a condensed collection of local
resource information, maps, and service provider materials. The Desktop Kiosks are placed
in a variety of locations in the community (more than 80 at present), such as public libraries,
resource centers, child care facilities, service organizations, and community centers.
3. Ambassador Development Program
Ambassadors represent a cross-section of the community and are comprised of service
providers (both directors and staff), local purveyors of information, members of grassroots
organizations, and community members at -large. Ambassador trainees participate in a
series of monthly meetings offering opportunities to develop community connections and
hear presentations by local providers and by authorities in various fields of service.
Trainees and presenters learn from one another. Graduates of the program (Family
Resource Ambassadors) provide a person -to -person infusion of information and connections
within their own respective communities (neighborhoods, schools, workplaces, places of
worship, etc.) improving the likelihood of informing and connecting isolated individuals and
those out of the print and electronic information loops.
4. Hub Development
The lobby of the Cubberley Community Center serves as the central office for Family
Resources. This office houses hard -copy information for the community, trained resources
specialists who are familiar with all aspects of the Family Resources Program.
5. Evaluation
The American Institutes for Research (AIR) worked with Family Resources to develop
statistical evaluation tools to measure the success of information dissemination and
connections in the community in addition to the cost effectiveness of the program.
In 2005 a group of Family Resources supporters convened to establish a Family Resources
Foundation of Palo Alto with the mission to support the goals of the Family Resources Program,
promote the Family Resources Ambassador Program, serve as the program's advocates and raise
a portion of the funds required to operate the program.
DISCUSSION
In order to enhance their efforts as a support organization, the Family Resources Foundation of
Palo Alto proposed a partnership between the City and the Foundation in order to improve
fundraising potential. The partnership as reflected in the terms of the agreement is outlined in
the Agreement between the City of Palo Alto and the Family Resources Foundation in Palo Alto
for Mutual Cooperation and Support Agreement (Attachment A) and was guided by the City
Council's motion regarding City support for Family Resources at the May 12, 2009 Finance
CMR:112:10 Page 2 of 3
Committee (Attachment B) that directed the Family Resources Foundation of Palo Alto to
reimburse the City for the total direct costs of the staff position, including benefits. The amount
given will be seen as a loan. If the Foundation fails to fully reimburse the City for costs in any
fiscal year, the amount by which the Foundation fails to fully reimburse the City will be carried
forward to the immediately following fiscal year
The City of Palo Alto values the partnership with the Foundation and for its part will assist with
the following: hiring, supervision and oversight of Family Resources staff, employee training,
development, payroll services, and workers compensation, provision of office space and working
facility, phone, printing, and mailing services, computer and information technology equipment
and support, secretarial support, and office supplies.
RESOURCE IMPACT
The direct and indirect and in -kind services to the city to sustain this program have an estimated
value at $50,000.
POLICY IMPLICATIONS
The partnership would be categorized as a partnership under the City's Public/Private
Partnership Policy (Attachment C).
ENVIRONMENTAL REVIEW
This recommendation is not a project under the California Environmental Quality Act.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
PREPARED BY:
Agreement between the City of Palo Alto and the Family Resources
Foundation in Palo Alto for the continued funding support of program
staff and the successful attainment of program goals
Finance Committee minutes for 5/12/09
Policy and Procedure 1-25, PUBLIC/PRIVATE PARTNERSHIP
Letter of Support, Family Resources Foundation of Palo Alto
Aka
PREPARED/APPROVED BY:
Interim Director of Community Services
CITY MANAGER APPROVAL:
a
MINKA VA ER ZW
Interim Divi ' n Manager, uman Services
GRWBETTS
CMR:112:10 Page 3 of 3
Contract No.
AGREEMENT WITH
THE FAMILY RESOURCES FOUNDATION IN PALO ALTO
FOR MUTUAL COOPERATION AND SUPPORT
Dated as of , 2010
091222jb 0073087
TABLE OF CONTENTS
Section Description
1 Term; Extension; Termination
2 Rights and Obligations of the Parties
3 General License to the Foundation
4 Insurance
5 Indemnity
6 Waiver
7 No Property Rights
8 Assignment
9 Independent Contractor
10 Nondiscrimination
11 Notices
12 Miscellaneous
Exhibit "A" Insurance Requirements
Exhibit "B" Certification of Nondiscrimination
091222 j 0073087
2
Page
4
5
6
6
8
9
9
9
9
10
10
10
AGREEMENT WITH
THE FAMILY RESOURCES FOUNDATION IN PALO ALTO
FOR MUTUAL COOPERATION AND SUPPORT
This AGREEMENT FOR MUTUAL COOPERATION AND SUPPORT (the
"Agreement"), dated, for convenience, , 2010 (the "Effective Date"), is
entered into by and between the CITY OF PALO ALTO, a California chartered municipal
corporation (the "City"), and the FAMILY RESOURCES FOUNDATION IN PALO ALTO, a
California public benefit corporation organized under the California Nonprofit Public Benefit
Corporation Law (the "Foundation") (individually, a "Party" and, collectively, the "Parties"), in
reference to the following facts and circumstances:
RECITALS:
1. In February 1998, the City approved a Family Resources Implementation Plan (the
"Plan"), which reflected the Family Resources Business Plan's goals of facilitating connections
between and among residents of Palo Alto regarding the many community resources, decrease the
sense of isolation experienced by many young families upon coming to Palo Alto, and to build a
strong sense of community in Palo Alto. Under Phase One of the Plan, the City developed a database
of information about City- and community group -provided services, the design of a website to
access this information, and a training program for Plan implementation. Funds to hire staff, a fund
developer and a website design consultant were approved, and Phase One was completed in June
2000.
2. The attributes of the Plan include the following, all of which are referred to as the
"Program": (a) an on-line database of searchable resource information, including, but not limited to,
service descriptions, target groups, key words, and the names of public service agencies; (b) over 80
Family Resources Desktop Kiosks of Information that are placed at publicly accessible locations,
which are supported by Family Resources Ambassadors; (c) a person -to -person, information -
sharing, and community -building resource training program, developed under the "Ambassador
Development Program;" and (d) a central office at the Cubberley Community Center (the "Center"),
where Resource Specialists are available for telephone and in -person consultation.
3. Since November 2005, the Foundation has provided financial and advisory assistance
and support to advocate on behalf of, and ensure the continuation of the Plan's benefits to, the Palo
Alto community. The Foundation intends to benefit the City and the Palo Alto community by
providing certain funding for the core Family Resources program that includes support for (a) the
updating of the Family Resources Foundation web site, (b) the. Family Resources Ambassador
Training Program, (c) the upkeep of the community kiosks, and (d) educational community events.
4. The Parties wish to more closely collaborate and mutually cooperate and support each
other in the future, to improve, enhance and sustain the the Program, which will identify, develop or
provide community resources and related services to the Palo Alto community.
AGREEMENT:
091222 jb 0073087
3
NOW, THEREFORE, in consideration of the foregoing recitals and the following covenants,
terms, conditions and provisions of this Agreement, the Parties agree:
SECTION 1. TERM; EXTENSION; TERMINATION
1.1 This Agreement will commence on the Effective Date; the initial term is three (3)
years (the "Term"), unless it is earlier terminated by a Party as herein provided.
1.2 The Term may be extended by the Parties for one (1) additional term of three (3)
years (an "Extension Term"); provided, however, the City may require the City Council's approval
of any Extension Term.
1.3 A Party may terminate for convenience this Agreement, in whole or in part, by giving
the other Party no less than ninety (90) days' prior written notice.
1.4 The City, at its option and upon ninety (90) days' prior written notice, may terminate
this Agreement, if the Foundation fails to reimburse the City for its annual Program costs, as referred
to in. Sections 2.1(B) and 2.2(D), for a period of two consecutive fiscal years. If the Foundation fails
to fully reimburse the City for costs in any fiscal year, the amount by which the Foundation fails to
fully reimburse the City will be carried forward to the immediately following fiscal year and, for
purposes of calculating the amount to be reimbursed in the following fiscal year, that carry -forward
amount will be aggregated with the amount to be reimbursed by the Foundation in the following
fiscal year. By way of illustration, if at the end of FY 2009-10, the Foundation has reimbursed the
City only $90,000 of the $95,941 amount due and owing to the City, then the Foundation will have
failed to reimburse the City in the amount of $5,941 [$95,941 - $90,000]. If the City's program costs
for FY 2010-11 remain static at $95,941, then at the end of FY 2010-11, the Foundation will be
obligated to reimburse the City in the amount of $101,882 [$95,941 and $5,941]. If the Foundation
will have reimbursed the City only $90,000 of the $101,882 amount due and owing to the City, the
Foundation then will have failed to reimburse the City in the amount of $11,882 [$101,882 minus
$90,000]. In that event, the City at its option may terminate this Agreement, subject to all of its
rights and remedies to seek reimbursement of the unpaid amount of $11,882.00 from the Foundation.
1.5 This Agreement is subject to the fiscal provisions of the Charter of the City of Palo
Alto and the Palo Alto Municipal Code (the "PAMC"). This Agreement will terminate without
penalty: (A) at the end of any fiscal year in the event that funds are not appropriated by the City for
the Family Resources program for the following fiscal year; or (B) at any time within a fiscal year in
the event that funds are appropriated for a portion of the fiscal year and funds for this Agreement are
no longer available. This Section 1.5 will take precedence in the event of a conflict with any other
covenant, term, condition or provision of this Agreement and the Exhibits. Nothing in this Section
1.5 is intended to affect the Foundation' rights and remedies as may be available under applicable
laws.
SECTION 2. RIGHTS AND OBLIGATIONS OF THE PARTIES
091222 jb 0073087
4
2.1 The rights and obligations of the City include the following:
A. The management of the Program's office facilities and kiosk equipment resources,
located at 4000 Middlefield Road, T-2, Palo Alto, CA 94303 (the "Center"), the Program's funding
and the City's staff employees, including any and all City -hired contractors, subcontractors,
consultants and volunteers. To the extent the Foundation contemplates an expansion of the Program
in a manner that could exceed the City's ability to adequately support the Program, the Parties agree
to confer with each other for the purpose of determine the extent to which the City could provide
additional support of the Program and the Foundation would duly compensate the City for rendering
such additional support. The City will hire, supervise, evaluate and otherwise exercise supervision
and control of its employees. The City has the right, but not the obligation, to permit the Foundation
to participate in the selection of Family Resources staff;
B. The annual funding of the Program in an amount to be established by the City
Council, consisting of the services of one full-time equivalent person who is dedicated to the
Program and whose actual cost of service currently is set at ninety-five thousand nine hundred forty-
one dollars ($ 95,941.00) for FY 2009-10, including services relating to the handling of cash and
other charitable contributions made to or on behalf of the Foundation and the deposit of checks and
other negotiable instruments, made payable to the "Family Resources Trust Fund," and the
processing of credit card transactions, which contributions will be deposited to the interest -bearing
account of the City's "Family Resources Trust Fund";
C. The selection of one or more individuals to serve as the City's liaison(s) to the
Foundation's board of directors (the "Board"), including (1) a Council Member, if any, who will
serve as the official liaison of the City to the Board, and (2) the City's Human Services Manager (the
"Manager"), whose duties may include providing assistance to the Foundation, including the Board,
in selected fundraising activities, as may be directed or approved by the City Manager, or designee;
D. The review of all community -related resources and other activities that the
Foundation may propose for inclusion in the Program. All resources and activities of the Foundation
will be pre -approved by the Manager, or designee of the City Manager;
E. Develop and provide information on community -wide programs relating to the
Program and supervise any Family Resource Ambassadors or other similar community volunteers in
connection therewith; and
F. Any other obligation(s) that the City or the Department of Community Services may
undertake in accordance with this Agreement, upon reasonable notice to the Foundation; provided,
however, any such undertaking will be memorialized, in writing, by an amendment to this
Agreement, in order that such undertaking will be binding upon the City.
2.2 The rights and obligations of the Foundation include the following:
A. The supervision and management of its board of directors, officers, employees,
volunteers, contractors, subcontractors and consultants, while they, and each of them, are performing
obligations on behalf of the Foundation pursuant to this Agreement;
091222 jb 0073087
5
B. The rendering of assistance to the Manager, at the Manager's request, including
voluntary attendance and contribution at staff meetings of the Manager or supervisor or at Council or
Council subcommittee meetings;
C. The provision and staffing of programs to educate the public about the Program's
separate programs and community resources, and the mobilization of volunteers for any program
that would be made a part of the Program;
D. The contribution of ninety-five thousand nine hundred forty-one dollars ($95,941.00)
for FY 2009-10, as referred to in Section 2.1(B), which shall include amounts attributable to
benefits provided by the City to the person referred to in Section 2.1(B);
E. The implementation of a fund development strategy, including, but not limited to,
solicitation mailings, promotion of fund-raising events, securing of grants, major donor requests, the
development of resource information products, and the authorization to the City to deposit and
withdraw funds (after April 30 of each year) to and from the City -established account up to and
including the level of contribution established for any given fiscal year by the Foundation;
F. The development and implementation of a development plan for fund-raising by the
Foundation, including donor acknowledgment and activities consistent with City policies and
practices; and
G. The rendering of other services beyond those spelled out in the Plan, as amended
from time to time, for the benefit of Palo Alto residents and families who seek the City's assistance
with respect to the Program.
H. The right to communicate to the City for its consideration any proposed plan relating
to the expansion of the Program in the event the proposed expansion of the Program could
significantly impact the City's level of support of the Program.
SECTION 3. GENERAL LICENSE TO THE FOUNDATION
3.1 The City hereby grants the Foundation, its directors, officers, employees, contractors,
subcontractors and consultants a nonexclusive license to enter upon and use the Center in connection
with the Foundation's exercise of its rights and the execution of its obligations, as may be
established by any Program plan, including, but not limited to, organizing small group meetings and
large group/community meetings and events at the Center, such as fundraising events and programs,
and using the office space at the Center, made available to the Foundation in connection with this
Agreement. Any use of the Center will be approved by the Manager or supervisor in regards to the
Program scheduling, space availability, and the functionality of shared Program spaces for staff use.
The City may in its sole discretion provide the Foundation's employees with security card access to
the Center; any additional cards will be approved by the Manager or supervisor, upon request, in
writing.
SECTION 4. INSURANCE
091222 jb 0073087
6
4.1 As of the Effective Date, the Foundation, at its sole cost and expense, will obtain and
maintain the following insurance coverage, and as may be further described in Exhibit "A,"
acceptable to the City's insurance risk manager (the "Risk Manager") in full force and effect during
the Term, insuring not only the Foundation but, with the exception of worker's compensation and
employer's liability insurance, naming the City as an additional insured, concerning the Foundation'
participation under this Agreement.
POLICY MINIMUM LIMITS OF LIABILITY
A. WORKER'S
COMPENSATION Statutory
B. COMPREHENSIVE Bodily Injury $1,000,000 ea. person
AUTOMOBILE
LIABILITY Property Damage $1,000,000 each person,
including owned, hired, and non -owned
automobiles
C. COMPREHENSIVE Bodily Injury $1,000,000 each person,
GENERAL $1,000,000 each occurrence,
LIABILITY $1,000,000 aggregate
including products,
Property Damage $1,000,000 each occurrence &
completed operations,
Personal Injury $1,000,000 each occurrence,
broad form contractual, and personal injury.
4.2 Any deductibles or self -insured retentions must be declared to and approved by the
Risk Manager. At the City's option, the insurer will reduce or eliminate such deductibles or self -
insured retentions as respects the City. The Foundation's insurance will be carried in full force and
effect on or before the Effective Date. Every insurance policy required by this Agreement will
contain the following or substantially similar clauses:
A. "This insurance shall not be canceled, limited in scope of coverage or nonrenewed
until after thirty (30) days written notice has been given to: City of Palo Alto/Human
Services Division Manager, P.O. Box 10250, Palo Alto, CA 94303".
B. "All rights of subrogation are hereby waived against the City of Palo Alto and the
members of the City Council and elective or appointive officers or employees, when
acting within the scope of their employment or appointment."
C. "The City of Palo Alto is added as an additional insured as respects to the operations
of the named insured or from the Family Resources Foundation."
D. "It is agreed that any insurance maintained by the City of Palo Alto will apply in
091222 jb 0073087
7
excess of, and not contribute to, insurance provided by this policy."
4.3 Evidence of Insurance Coverage and/or Changes will be, as follows:
A. Certificate of Insurance. The Foundation agrees to deposit with the Program
manager before the effective date of this Agreement, certificates of insurance
necessary to satisfy the City that the insurance provisions of this Agreement have
been complied with, and to ensure that such insurance is kept in effect, with the
certificates on deposit with the City, during the Term. Should the Foundation fail to
provide evidence of such required coverage at least three (3) days prior to the
expiration of any existing insurance coverage, the City may purchase such insurance,
on behalf of and at the sole expense of the Foundation, to provide an additional six-
month period of coverage.
B. Review of Coverage. The City will retain the right, at any time, to review the
coverage, form, and amount of the insurance required hereby. If, in the opinion of
the Risk Manager, the insurance provisions in this Agreement do not provide
adequate protection for the City and for members of the public using the Center, the
City Manager, or designee, may require an amount to provide adequate protection as
determined by the Risk Manager. The City's requirements shall be reasonable and
shall be designed to assure protection from and against the kind and extent of risk
which exists at the time a change in insurance is required.
C. Changes in Coverage. The City Manager, or designee, will notify the Foundation, in
writing, of any change(s) in the insurance requirements; if the Foundation does not
deposit copies of acceptable insurance policies (or certificates) with the City, to the
attention of the Risk Manager, incorporating such changes within sixty (60) days of
receipt of such notice, or in the event the Foundation fails to ensure that the required
insurance coverage is maintained in effect, the City may terminate this Agreement in
accordance with Section 1.
D. No Limit of Liability. The procuring of such required policy or policies of insurance
will not be construed to limit the Foundation' liability hereunder or to fulfill the
indemnification provision and requirements of this Agreement. Notwithstanding the
policy or policies of insurance, the Foundation will be obligated for the full and total
amount of any damage, injury, or loss caused by or connected with this Agreement,
with the Foundation's use of the Center.
E. Acceptability of Insurers. Insurance shall be placed with insurers with a current A.M.
Best's rating of no less than A -:VII.
SECTION 5. INDEMNITY
5.1 Except as provided under Section 5.2, the Foundation hereby waive all claims,
liability and recourse against the City, including the right of contribution for loss or damage of or to
persons or property arising from, growing out of, or in any way connected with or related to this
Agreement. The Foundation will protect, indemnify, hold harmless and defend the City, its officials,
091222 jb 0073087
8
officers, employees, representatives and agents, from and against any and all claims, losses, liability,
demands, damages, costs, expenses or attorneys' fees, caused by or arising out of the Foundation's
negligent acts or omissions, or willful misconduct, in the performance or nonperformance of its
obligations under the covenants, terms, conditions and provisions of this Agreement. In the event
the City is named as co-defendant, the Foundation will notify, in writing, the City, to the attention of
the City's City Attorney (the "City Attorney"), of such fact and it will represent the City in such
legal action, unless the City undertakes to represent itself as co-defendant in such legal action, in
which event the Foundation will pay to the City its reasonable litigation costs and expenses,
including reasonable attorneys' fees.
5.2 The City will protect, indemnify, hold harmless and defend the Foundation, its
directors. officers, employees and agents, against any and all claims, losses, liability, demands,
damages, costs, expenses or attorneys' fees arising out of the City's negligent performance or
nonperformance of its obligations under the terms of this Agreement.
SECTION 6. WAIVER
6.1 The waiver by either Party of any breach or violation of any covenant, term, or
condition of this Agreement or of the provisions of the PAMC or other City law, rule or regulation,
will not be deemed to be a waiver of any such covenant, term, condition, or provision or of any
subsequent breach or violation of the same or any other covenant, term, condition, or provision. The
subsequent acceptance by either Party of any consideration which may become due or payable
hereunder will not be deemed to be a waiver of any preceding breach or violation by the other Party
SECTION 7. NO PROPERTY RIGHTS
7.1 The Parties agree that this Agreement will not confer any property right upon the
Foundation, its directors, officers, employees, volunteers, contractors, subcontractors or consultants.
An'y work performed for the benefit of the Program or the Center and any improvements placed or
constructed at the Center will conform to the City's standards and approved by the City Manager, or
designee, and will, upon acceptance, become the property of the City.
SECTION 8. ASSIGNMENT
8.1 Neither Party may assign, transfer, or convey this Agreement or any interest that it
may have in this Agreement without the other Party's express consent or approval. Any attempted
assignment without the required consent or approval will be void and will confer no right, title, or
interest in or to this Agreement, or part thereof. In the event of an unauthorized assignment, at the
option of the Party not making the assignment, this Agreement may be terminated upon reasonable
notice to the Party making the assignment.
SECTION 9. INDEPENDENT CONTRACTOR
9.1 In the exercise of its rights and responsibilities under this Agreement, the Foundation
acts at all times as an independent contractor and not as an employee of the City. Nothing in this
Agreement will be construed to establish a partnership, joint venture, group, pool, syndicate or
091222jb 0073087
9
agency between the Parties. No provision contained herein will be construed as authorizing or
empowering either Party to assume or create any obligation or responsibility whatsoever, express or
implied, on behalf, or in the name of, the other Party in any manner, or to make any representation,
warranty or commitment on behalf of the other Party. In no event will either Party be liable for (a)
any loss incurred by the other Party in the course of its performance hereunder, or (b) any debts,
obligations or liabilities of the other Party, whether due or to become due.
SECTION 10. NONDISCRIMINATION
10.1 The PAMC prohibits discrimination in the employment of any individual under this
Agreement because of race, skin color, gender, age, religion, disability, national origin, ancestry,
sexual orientation, housing status, marital status, familial status, weight or height of that person. The
Foundation acknowledges that it has read and understands the provisions of PAMC Chapter 2.30.
relating to nondiscrimination in employment and the penalties for violations thereof, and it agrees to
comply with all requirements of PAMC Chapter 2.30 pertaining to nondiscrimination in
employment, including the completion, execution and submission to the City of the Certification of
Nondiscrimination, as described in Exhibit "B."
SECTION 11. NOTICES
11.1 Any notice, request, consent or approval by a Party that is required to be furnished
by this Agreement, will be given, in writing, and delivered by personal service, the United States
Postal Service, mailed, first class, postage prepaid, or by facsimile transmission, to the following:
To CITY:
City Clerk
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
with a copy to:
Manager, Human Services Division
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
SECTION 12. MISCELLANEOUS
To FOUNDATION
President
Family Resources Foundation
4000 Middlefield Road, T-2
Palo Alto, CA 94303
12.1 This Agreement will be governed by and construed in accordance with the laws of the
State of California and the Charter of the City of Palo Alto and the Palo Alto Municipal Code. The
Parties will comply with all applicable federal, state and local laws in the exercise of their rights and
the performance of their obligations under this Agreement.
12.2 All covenants, terms, conditions, and provisions of this Agreement, whether
091222 jb 0073087
10
covenants or conditions, will be deemed to be both covenants and conditions.
12.3 This Agreement represents the entire agreement between the Parties and supersedes
all prior negotiations, representations and contracts, written or oral. This Agreement may be
amended by an instrument, in writing, signed by the Parties. This Agreement may be executed in
any number of counterparts, each of which will be an original, but all of which together will
constitute one and the same instrument.
12.4 All exhibits referred to in this Agreement are by such references incorporated in this
Agreement and made a part hereof. The following exhibits are made a part of this Agreement:
Exhibit "A" Insurance Requirements
Exhibit "B" — Certification of Nondiscrimination.
12.5 At the request of the City, the Foundation will furnish to the City Attorney for the
City's review and approval copies of its articles of organization, bylaws, operating agreement,
and/or other information relating to its organization status.
12.6 The Parties agree that the normal rule of construction to the effect that any ambiguity
is to be resolved against the drafting party will not be employed in the interpretation of this
Agreement, the Exhibits, or any amendment thereto.
12.7 In the event that an action is brought, the Parties agree that trial of such action will be
vested exclusively in the state courts of California or in the United States District Court for the
Northern District of California in the County of Santa Clara, State of California.
12.8 The prevailing Party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action.
12.9 If a court of competent jurisdiction finds or rules that any provision of this
Agreement, the Exhibits, or any amendment thereto, is void or unenforceable, the unaffected
provisions of this Agreement, the Exhibits, or any amendment thereto, will remain in full force and
effect.
12.10 The term "day" means a calendar day, unless a "business day" is specified; for the
purposes of this Agreement, "business day" excludes any "Regular Holiday" or "Other Special Day"
referred to in PAMC Section 2.08.100 or any Friday that is considered a `9/80' day, when the City
does not require employees, electing to work nine (9) business days in a ten -business days biweekly
period, to work on such days.
IN WITNESS WHEREOF, the Parties by their duly authorized representatives have executed
this Agreement on the Effective Date.
APPROVED AS TO FORM: CITY OF PALO ALTO
091222 jb 0073087
11
Senior Asst. City Attorney City Manager
APPROVED: FAMILY RESOURCES FOUNDATION
IN PALO ALTO
Director of Administrative Services
Director of Community Services
091222 jb 0073087
12
dent, Boar q Director
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF CALIFORNIA
COUNTY OF
)
On , before me, , a notary public in and for said
County, personally appeared who 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.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
091222jb 0073087
13
EXHIBIT "A"
Insurance Requirements
[Not required, as this is covered by Section 4 of Agreement]
091222 jb 0073087
14
Title:
091222jb 0073087
16
EXHIBIT "B"
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below
certify that they do not discriminate in employment of any person because of race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital
status, familial status, weight or height of such person; that they are in compliance with all Federal,
State and local directives and executive orders regarding nondiscrimination in employment.
1. If Proposer is INDIVIDUAL, sign here:
Date:
Proposer's Signature
Proposer's typed name and title
2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2) Partners or each of
the Joint Venturers shall sign here:
Date:
Partnership or Joint Venture Name (type or print)
3. If Proposer is a CORPORATION or OTHER ENTITY, the duly authorized officer(s)
shall sign as follows:
The undersigned certify that they are respectively:
Titles:
Of the corporation or other entity named below; that they are designated to sign the Agreement
for Mutual Cooperation and Support, with corporate seal, if applicable, notarized as to its
authenticity or Secretary's certificate of authorization) for and on behalf of the below named
CORPORATION or OTHER ENTITY, and that they are authorized to execute same for and on
behalf of named CORPORATION or OTHER ENTITY.
-�.'/ sotAr Guy- oun.IJ J tlh. t k -rig.0 fifiv
Corporation or (tther Entity Name (type or print)
By:
Title:
Date: _ b /O
By: Date:
091222jb 0073087
15
Attachment 13
FINANCE COMMITTEE
Mr. Keene stated there had not been a correlation of effects on the rate
schedule.
2. Community Services Department Budget
Budget Manager, Sharon Bozman gave a slide presentation for the
Community Services and Utility Department budgets.
Interim Director of Community Services, Greg Betts referred to a letter At
Places from the Family Resources Foundation regarding the reduction of
$96,000 for the Family Resource Program. He gave a summary of the
factors and criteria used by the Community Services Department which
determined the budget reductions.
Council Member Klein asked for clarification on the $350,000 In Increased
parking fees for Open Space.
Mr. Betts stated there was an estimated 50,000 motorized users at a fee of
three dollars per vehicle equaled the $350,000.
Council Member Klein asked for clarification of the $198,000 deficit In
income and operations for the golf course.
Division Manager of Recreation and Golf, Rob De Geus stated the last three
to five years the revenue had been higher than what was brought In. He
stated the miscellaneous expenses, temporary salaries and supplies and
materials were adjusted down to meet the budget. He stated the revenue
expectations for the proposed budget were conservative.
Council Member Klein asked why there was not a proposed Increase In the
green fees in order to balance the budget.
Mr. De Geus stated the current green fees were at the mid to high level
compared to the surrounding courses. He noted after reviewing the 2009
summer season Income, a fee increase may be proposed In January 2010.
Council Member Klein stated In the current budget process, this was a
$198,000 hit to the overall budget. If this was at zero, this lent to $198,000
which needed to be made up In the total $3 million they looked at for a
balanced budget.
05/12/09 FIN:8
FINANCE COMMITTEE
Director of Administrative Services, Lalo Perez stated Staff would work with
the department to Identify additional savings Including Information on debt
service. He suggested reviewing Into this adjustment and providing
additional information on drawing down from the reserves for a balancing
opportunity.
Chair Burt asked for clarification on the conservative figures given, were the
numbers for Fiscal Year 2008-09 or 2009-10.
Mr. De Geus stated the conservative figures referred to Fiscal Year 2009-10.
Chair Burt asked for clarification on the conservatism and asked how they
were doing on the Fiscal Year 2008-09 projected budgets.
Mr, De Geus stated both budgets were on target for thls time last year. He
noted comparison to other courses they were close to ten to fifteen percent
down and doing quite well despite the current economy. Next year's figures
were projected to include the new golf carts.
City Manager, James Keene stated appropriations were made at the
expenditure level and If departments were not able to meet the revenue
targets an additional adjustment would be required for the remainder of the
year on budgets and savings.
Chair Burt asked If the green fees were currently In the mid to high range.
Mr. De Geus stated yes, green fees were tracked regularly with
approximately thirteen comparable courses where they fell In the mid to
high range.
Rick Saal, Bryant Street, spoke In support of the budget agreed upon by the
Children's Theatre Staff and the City.
Lynn Krug, SEIU, spoke regarding the services provided by the Family
Resources Center and Foundation. She stated the facility's costs were too
high for the City's future.
Craig Allen, 315 Melville Avenue, spoke regarding the outsourcing of the
maintenance for the golf course to reduce costs and current maintenance
Staff levels at the course.
05/12/09 FIN:9
FINANCE COMMITTEE
Caroline Willis, 1120 Palo Alto Avenue, supported the Recreation Department
as a vital part of community services and 'public engagement.
Wendy Dransfleld spoke regarding the importance of the Junior Museum and
Zoo and announced the Zoo's 75t anniversary to the community.
Herb Borock, PO Box 632, opposed the proposal to have a parking fee
Imposed in Open Space areas. He noted increased fees lent to decrease
park use. He requested selling the Foothills Park to the Open Space District
for the same price the City paid when the property was purchased In 1956,
Ray Bacchetti, 850 Webster Street, requested the Committee revisit the
recommendation to reduce the Family Resources Center funding and staff.
Jo Coffaro, 1150 Page Mill Road, addressed how the Family Resources
Foundation had been raising funds to maintain the community needs. She
was not In favor of elimination of the one staff position at the Family
Resources Center.
Mr. Keene clarified no changes were made to the budget published online
and stated the second tier reductions were not presented to the Committee
and were a backup recommendation.
Chair Burt stated this was all a part of the evaluations toward bridging the
anticipated $3 million shortfall in the budget for fiscal year 2010. He
stressed the items moved to the Parking Lot were those elements Identified
as areas for potential savings.
Council Member Schmid asked why administration had grown rapidly while
Human Services had declined In budget measures by comparison,
Ms. Bozman stated there had been changes In personal benefit costs In the
Administrative Department and an Increase In allocated charges for
increased water charges to the facilities.
Council Member Schmid asked why Human Services was identified as the
department to bear more of the spending cuts than other departments.
Mr. Betts noted an expectation was created for each division to come forth
with a five percent cut. He noted the actual cost of the reductions in
05/12/09
FIN:10
FINANCE COMMITTEE
programs for Human Services lent to an actual decrease that was the same
amount as experienced by Recreation and Golf, Parks and Open Space and
the Arts and Science divisions by comparison.
Council Member Schmid asked whether the City was preempting a program
in Family Resource Center program by eliminating position that had not yet
received full funding.
Mr. Perez stated the position was slotted for elimination in prior years. A
plea was made by various community groups to where the position remained
for several additional years. The current fiscal year arrangements were
made with the Family Resources Foundation to end the position with the
understanding that It would resume if funding were achieved for the $96,000
expense.
Council Member Schmid asked the Family Resources Foundation they had
already raised $55,000 why did they not cut the balance from the mix,
rather than cutting the position in total.
Mr. Perez stated if the Committee wished to move forward on consideration
of whether the remaining funds could be raised was merited.
Council Member Schmid requested to grant the Family Resources Foundation
more time to raise the remainder of the funds necessary to retain the
position In danger of elimination.
Mr. Keene stated the program was not a pilot program but an enhancement
program with a focus more specifically on coordinating a localized level of
Human Services. These services were provided by the not for profit sector
or by County government.
Council Member Schmid asked the merit of the program, he deemed it a
program for people looking for services. He asked for current and past data
on the number of people making use of the program.
Mr. Betts clarified the $55,000 raised thus far was actually toward
reimbursement to the City for the current year's budget, Next years, fund-
raising would begin toward the goal of $96,000 for the position.
05/12/09
FIN:11
FINANCE COMMITTEE
Cubberley Center & Human Services Division Manager, Kathy Espinoza -
Howard cited the metrics for the program as fifty people participating in the
program each year utilizing approximately eighty kiosks throughout the City.
Council Member Schmid asked whether the $55,000 had been received by
the City with funds been contributed to the budget of 2009.
Mr. Perez stated it had been turned over to the City and applied to the 2009
budget with a projection of $70,000 of the $96,000 to be received,
Chair Burt asked for clarification on the projected shortfall for the golf
course. He asked If the shortfall were reconciled, would there be additional
revenue which could be allocated elsewhere.
Mr. Keene stated yes, however; revenue would not be gained and
reallocated. The budget gap would shrink by the potential amount,
MOTION: Council Member Klein moved seconded by Council Member XX
that the Finance Committee recommends to the City Council to adopt the
Community Center Budget with the following alterations; 1) Reinstate the
Family Resource Center funding regarding the funds as a loan so the budget
reflected the ninety-six thousand dollars as a reduction, 2) Delete the
charges for Open Space parking, and 3) Make the accounting adjustment on
the golf course as a break even position which needed to be achieved by a
combination of revenue Increases and expense reductions.
MOTION FAILED DUE TO LACK OF SECOND
Council Member Schmid requested the Motion separate the items.
MOTION: Council Member Klein moved, seconded by Council Member
Schmid, that the Finance Committee recommends to the City Council to
tentatively approve the Community Services Department Budget.
Chair Burt asked for details on the elimination of the two concert series, the
Brown Bag and the Twilight, and the breakdown of costs for each.
Mr. Betts stated the concerts were scheduled in advance for the summer
season. The artists were booked In advance and the funds for the artists
were encumbered out of the current budget with the current effect next
summer and spring for the Brown Bag and Twilight concerts.
05/12/09
FIN:12
FINANCE COMMITTEE
Arts & Culture Division Manager, Linda Craighead stated the breakdown for
the concerts would be brought to the Committee at a later date. She did
note the $35,000 was not solely for the artists It covered sound, stage and
other equipment costs for each concert.
Chair Burt asked for an estimate of the allocation for each separate concert
series and attendance to each.
Ms. Craighead stated the Twilight series were highly attended and the Brown
Bag was a mid -day lesser attended series but she would return with
additional information on these. She guessed approximately 75-100 people
attended the Brown Bag concerts.
AMENDMENT: Council Member Klein moved, seconded by Chair Burt that
the Finance Committee recommends to the City Council reinstate the Family
Resource Center funding regarding the funds as a loan so the budget
reflected the ninety-slx thousand dollars as a reduction in the budget with
revenue of ninety-six thousand.
Chair Burt concurred and also noted In challenging economic times It was
important to leverage every dollar possible. He asked for the total amount
of reimbursement still due In FY 2Q09
Mr. Betts clarified It was at $5,000 and $10,000 for a total of $15,000.
Chair Burt noted this came In at close to seventy-five percent of the
expenditures for which they would compensate the City. He also stressed
the Importance of the volunteer staff and the Inability to quantify the value
of this work done as well. He reiterated the need to leverage the City's
resources.
Council Member Schmid agreed on the substantial return the City would
receive on this Investment. He suggested an Amendment for restoration of
the five percent which had been cut from the Human Services contracts, at
approximately $150,000 for 100 percent leverage.
Council Member Klein did not agree that this was the appropriate place for
such an Amendment.
05/12/09
FIN:13
Deleted: . _�J
FINANCE COMMITTEE
Chair Burt stated he was willing to consider and discuss this, but the
recommendation to split the Motion already followed along In this vein.
AMENDMENT PASSED 3-0 Morton absent
Mr. Perez clarified on the assumption that the $15,000 In additional
donations came In, this brought the amount to the $70,000 level. He asked
if the intent of the Motion was to consider this as a loan for next year on the
assumption of the shortage.
Council Member Klein stated his Intention was that this language was
effective on July 1St
Mr. Keene clarified the most accurate way of stating this was; these funds
were appropriated with an addition of the $96,000 to the expenditure side
with the anticipated $96,000 revenue. There was also the understanding
that a shortfall may be experienced. He asked whether the program should
be allocated In the HSRAP program next year.
Council Member Klein stated that was a good Idea and requested a Policy
and Services review of the HSRAP program.
AMENDMENT; Council Member Schmid moved, seconded by Council
Member XX that the Finance Committee recommends to the City Council
Human Services five percent cuts be restored and distributed through the
services organizations equally based on the provision of matching funds on a
two to one basis.
Council Member Klein noted all the organizations received significant
amounts of money from other sources and the City was not their sole
funding source. Matching funds meant the director of each agency would
make line adjustments in order to match the City's funds.
Council Member Schmid stated this resulted In a second letter being sent out
to their fund sources regarding matching funds.
Council Member Klein cautioned the Motion clarify a two -to -one fund
matching basis with two outside funding sources and one from the City.
Council Member Schmid as Maker agreed to the language.
05/12/09
FIN:14
FINANCE COMMITTEE
Chair Burt stated there was merit In concept but he did not see this on the
implementation side,
Mr. Keene noted funding programs were previously considered by the
Finance Committee and In part by the Human Relations Committee. Due to
reductions noted, the goal was to reduce funding at five percent across the
board.
Chair Burt voiced concern over whether some of these cuts in Human
Services would be off -set by the golf course reconciliation.
Council Member Klein stated the HSRAP process needed further review and
comparison with other cities. He noted he was against the proposal and
suggested leaving thing as they were.
Council Member Schmid spoke further on Chair Burt's points on balancing
the cuts and expenditures In that they either be done sequentially or In an
additive way, He suggested looking at where they stood at this point and
then move ahead,
Chair Burt suggested In the future looking If there was some mechanism
where Palo Alto donors might be looked at in terms of fund matching. If the
community wanted to support a program, perhaps the agencies could
identify matching funds in those community members.
AMENDMENT FAILED DUE TO LACK OF SECOND
AMENDMENT: Chair Burt moved, seconded by Council Member Schmid that
the Finance Committee recommend to the City Council to reinstate the
funding for the Twilight concert series.
Chair Burt stated the series needed to be more clearly advertised.
Council Member Klein did not support the Motion as these concerts were a
luxury item. He felt the public would perceive keeping these as opposed to
cuts In other areas as a not so serious way of cutting the budget.
Chair Burt stated the Council supported the Senior Games which was an
Item that made Palo Alto an essential place to live and the Twilight series
was the same type of activity.
05/12/09
FIN:15
FINANCE COMMITTEE
AMENDMENT PASSED 2-1 Klein no, Morton absent
AMENDMENT: Council Member Klein moved, seconded by Council Member
XX that the Finance Committee recommends to the City Council to eliminate
the parking fee for the Open Space areas. In the context of a very difficult
budget, he felt this was a small expenditure with good return.
Mr. Betts stated the fees were determined by entrance gates at the parks for
which Arastradero did not have.
Chair Burt asked for clarification on the collection methods.
Mr, Betts stated the collection process worked two ways; typically, an Iron
Ranger device was In place If staff was not present at the front gate. An
envelope was provided for vehicle Information, address, name and fee
amounts. A tear -off permit was placed on the vehicle windshield. Staff was
available to take the money directly on weekends and holidays.
Chair Burt asked how the Baylands was controlled without a gate system.
Mr. Betts noted there were closing gates without entrance stations such as
those at Foothills Park. They were looking at a mechanism for fee collection
at the Baylands,
Chair Burt asked why the Baylands had no gate but had a fee, yet
Arastradero had no fee because there was no gate.
Mr. Betts stated the Baylands had eight different parking lots whereas
Arastradero had merely five parking spaces total with multiple foot
entrances.
AMENDMENT FAILED DUE TO LACK OF SECOND
AMENDMENT; Chair Burt moved, seconded by Council Member Schmid that
the Finance Committee recommends to the City Council to reduce the
parking fee from three dollars per motorized vehicle to two dollars, consider
an annual pass fee at the Foothills Park and eliminate the fee for the
Baylands,
05/12/09
FIN:16
FINANCE COMMITTEE
Council Member Schmid stated Foothills tended to be a destination location
whereas the Baylands tended to be an activity center with frequent but short
time users. He requested to eliminate the fees for Arastradero and Baylands.
Chair Burt agreed his points had merit. However, he anticipated all of this to
net out with the restoration of other services and the golf course
reconciliation. He wished to go ahead with the Motion as stated with a
request that Staff come back with alternative recommendations on how to
balance the budget on the final reconciliation.
Council Member Klein did not support the Motion. He saw no need to
balance the reductions and Increases per department. He stated If full
Council adopted It as such there would be public outrage. In all fairness, he
did not see them being able to enforce parking fees on a seven-day a week
basis.
Mr. Betts stated staffing levels would not change in relationship to checking
for the dashboard permit slips.
Chair Burt as Maker of the Amendment accepted the removal of the
Baylands.
AMENDMENT PASSED 2-1 Klein no, Morton absent
AMENDMENT Council Member Klein moved, seconded by Chair Burt that
the Finance Committee recommends to the City Council to amend the
proposed Community Services budget to produce a zero number to the profit
or loss from the golf course through Increased revenue, cost reduction or a
combination thereof.
Council Member Schmid stated there were structural changes In golf course
use throughout the country with data to support the fifteen percent drop In
usage. He suggested looking at the role of the golf course in the long-term
and how to keep It as a revenue source with the declining usage rates.
Council Member Klein reiterated that Staff would reduce the golf course
labor costs to get to net zero In the short-term.
Mr, De Geus stated the goal was to break even by adjustment of their
expenses. He noted they had done the same thing for the last three years.
05/12/09
FIN;17
FINANCE COMMITTEE
Mr. Keene stated there was an ongoing analysis of the golf course operations
to Improve and ensure profitability,
AMENDMENT PASSED 3-0 Morton absent
MOTION AS AMENDED Council Member Klein moved, seconded by Council
Member Schmid that the Finance Committee recommends to the City Council
to tentatively approve the Community Services Department Budget with the
following amendments:
1) Reinstate the Family Resource Center funding regarding the funds
as a loan so the budget reflected the ninety-six thousand dollars as
a expense, In the budget with revenue of ninety-six thousand ( Deleted: reduction
2) Reinstate the funding for the twilight concert series.
3) Amend the proposed Community Services budget to produce a zero
number to the profit or loss from the golf course through Increased
revenue, cost reduction or a combination thereof.
MOTION PASSES 3-0 Morton absent
Committee took a break at 9:47 pm and reconvened at 9:57 PM
3. Utilities Electric Fund - Includes Operating Budget, Capital
Improvement Program, Rates and Reserves
Budget Manager, Sharon Bozman gave a presentation of the revenue
increases and expenditure decreases In the Electric Fund for the 2010 Fiscal
Year budget.
Council Member Schmid asked why the Enterprise Funds were different than
the other budgets on review. He noted there was an obligation to the rate
payers for transparency on these Issues and the resultant rate increases.
Chair Burt asked for clarification on the funds and increases.
Director of Utilities, Valerie Fong noted the overview of what had occurred
with the electric rate which the Finance Committee had seen earlier in the
year. She stated what was particularly driving the electric rates.were the
dry hydro conditions which force them to buy more hydro on the market at
an additional cost on top of what was already paid on debt service and
operations and maintenance for hydro. Hydro conditions were known until
05/12/09
FIN:18
A ttachmen t C
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
PUBLIC/PRIVATE PARTNERSHIPS
POLICY STATEMENT
The City of Palo Alto encourages the formation of public/private partnerships for the benefits
the community receives. For the purposes of this policy, "public/private" also encompasses
"publ i c/nonprofit" partnerships.
Definitions
Public/private partnership: A public/private partnership is an agreement between the City and
a nonprofit or private organization to provide services or to assist in funding of public facilities
and programs, Such partnerships may take various forms, including:
• Acceptance of or solicitation of service or facility proposals
• Facilitation of such proposals through the City's regulatory process
• Waiver of City General Fund fees to help reduce project costs.
• Contributions of City matching funds for construction of facilities to be owned and
controlled or operated by the City.
• Provision of facilities to the private partner at no charge or at a subsidized rent.
Public/private partnerships typically fall into one of three categories: co-sponsorship, alliances
or joint ventures.
Co -Sponsorships: This is the most common type of public/private partnership. An
organization furthers the mission of the City by supporting a City activity or program in
conjunction with pursuit of that organization's own mission or program, Co -sponsorships can
take the form of one-time events or annual agreements. Some examples of co -sponsorships
include the Palo Alto Tennis Club use of City courts to provide a youth tennis program and
American Youth Soccer Organization's use of space in a City facility to train referees. Co -
sponsorships are entered into by staff and normally have no or minimal financial impact.
Alliances: This type of public/private partnership involves organizations that have been
created for the sole purpose of supporting a City program or an array of City programs. The
organization does not expect to receive any direct financial benefit or to alter City policy
and/or operations, but undertakes to work closely and cooperatively with staff to implement
City goals. Alliance organizations include the Recreation Foundation, the Art Center
Foundation (Project Look or Cultural Kaleidoscope), the Friends of the Children's Theatre (the
Magic Castle), the Library Foundation and the Friends of the Palo Alto Library (financial
assistance with the renovation and expansion of the Children's Library). Alliances are
approved by the Council if there are any staffing or budgetary implications to the partnership.
1
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
Joint Ventures: This type of partnership involves organizations which have programs or
missions independent of the City and involve the City entering into a contractual relationship
with the public or nonprofit organization with both parties contributing to the partnership for
their mutual benefit. Each joint venture is uniquely negotiated by the staff and approved by
the City Council. Examples of Joint Ventures include TheatreWorks, Palo Alto Players and
West Bay Opera's use of the Community Theatre and use of the former police station by older
adult service provider, Avenidas.
PROCEDURES
Initiation of partnerships: Public/private partnerships may be initiated in one of three
ways:
• By staff: Staff identifies an opportunity for such a partnership and undertakes
an informal or formal request for proposal process to identify partners.
• By Council: The City Council directs staff to work with a private or nonprofit
organization to develop such a partnership.
• By a private or nonprofit organization: An organization makes a partnership
proposal to the staff or City.
City Manager Review: If the partnership proposal involves more than one City
department, the City Manager's Office will appoint a team with representatives of all
City departments who are stakeholders in the partnership proposal. The team will
analyze the proposal and inform the City Manager of the resource implications of the
proposal, including staffing and monetary commitments. This would include proposed
fee waivers. If the proposal will require a re -ordering of department priorities that have
already been approved by the Council in setting its annual priorities or in the budget
process, Council approval will be required prior to commitment to the partnership.
Council approval will also be required if the partnership requires a new or adjusted
allocation of operating or capital funding. Note: • Co -sponsorships usually only involve a
single department and do not necessitate the formation of an interdepartmental
committee, the involvement of the City Manager's Office or the approval of the City
Council.
City -Initiated Partnerships: Such partnerships will be guided by existing policies and
procedures governing purchasing and outsourcing, using "requests for proposals" and/or
bid processes as the method of initiating a partnership. A City -initiated partnership may
incorporate incentives including naming rights, waiver of non -enterprise fund building
and planning fees, reduced lease rates, free use of space, subsidies, and staff resources.
All incentives may be negotiated on a case -by -case basis.
2
POLICY AND PROCEDURES 1-25/MGR
REVISED: AUGUST 2007
Evaluation of Viability of Partnering Organization: Staff will provide the City Manager
and/or City Council with its assessment of the viability of the proposed partnership, based
on the partnering organization's possession of sound organizational, administrative and
fiscal management, and its demonstrated experience to achieve and sustain project tasks,
such as fundraising and building community support, For proposed facility improvement
or expansion initiatives, the nonprofit or private organization should have the ability and
commitment to make a substantial pledge to the project's cost.
Facilities Proposals:
• If a City facility is to be renovated, expanded or otherwise be directly affected by
the partnership, the Infrastructure Management Plan will have to be adjusted
appropriately.
• Long-term staffing, operational and maintenance costs must be identified in the
proposal. The project's applicable costs and funding sources for furnishings,
fixtures and equipment will be identified.
• The parties will negotiate the joint or separate financial responsibility for any
project cost overruns on a project -by -project basis.
• Staff may recommend that any standard City processing or use fee authorized
under the Municipal Fee Schedule, excluding fees and charges levied by City of
Palo Alto Utilities or other City enterprise fund programs, should be waived as a
condition of the City's participation. Waiver of fees may be granted by the Council
and limited to those fees associated with a construction or capital improvement
project which, upon its completion, results•in a new or improved public facility,
building or park, or some portion thereof, that will be solely owned or controlled
by the City. In the event that only a portion of a construction or capital
improvement project will result in a new or improved City facility, building or
park, or portion thereof, then the Council may waive only that portion of any
associated fee directly relating to the construction, improvement or enhancement
of the City facility, building or park. As appropriate, the summary and
recommendation in the report to the Council willinclude a staff recommendation
on waiving fees which the Council can approve or reject.
• The City will determine whether the nonprofit or private organization shall use or
may forego a formal or informal competitive selection process in the hiring of
professionals who will perform the management, design and/or construction
phases of the project. The City shall review and approve the requirements for and
the performance of all phases of design, planning and construction work for the
project.
3
YOUR LNK To THE cOMMUNfY
FAMILY RESOURCES
FOUNDATION
provides financial support
for the City of Palo Alto's
Family Resources program
and engages our comrnunity
to build on existing strengths
and services to promote the
well-being of our community.
BOARD OF DIRECTORS
Jo Coffaro, President
Barbara Spreng, Vice
President
Steve TenBroeck, Secretary
Kate Young, Treasurer
Marcie Brown
Judy Chang
Kathy Espinoza -Howard
Jane Gee
Jyllian Halliburton
Teeny James
Linda Lenoir
Sharon Murphy
Sheila Mandoll
Tom Pamilla
Louise Singleton
STAFF
Minka Van Der Zwaag
Interim Manager
Human Services Division
Patty Boas
Ambassador Coordinator
Erwin Gonzales
Inforniation Coordinator
Attachment D
December 8, 2009
Mayor Peter Drekmeier
Honorable City Council Members
Dear Mayor and Council Members,
Thank you for preserving the Palo Alto Family Resource Program.
The Foundation is gratified that you value this vital City program as we
do. We have seen first-hand how powerful the program can be in
helping struggling individuals or families obtain needed services through
the linkage that Family Resources provides.
The Family Resources Foundation has been working with staff to create
a "mutual cooperation and support" document between the City of Palo
Alto and the Family Resources Foundation of Palo Alto. While most
Friends or Foundation groups assist in raising supplemental funds for
programs, it is our understanding that we will be held responsible for
raising 100% of program costs. Ordinarily, we would advocate for a
more equitable sharing of the financial responsibility, but we are acutely
aware of the City's budget situation. Under these circumstances, we
stand ready to accept the fundraising challenge as drafted in the
agreement. However, in accepting this responsibility, we request the
flexibility to revisit this agreement in two years in order to revise the
terms, when we are hopeful the economic situation reverses.
While the City budget is stretched to its limit, so too are the personal
resources of many residents. We very much appreciate that you
understand the importance of connecting people with the services they
need. Rest assured, your support for Family Resources has absolutely
made.. , ,and will continue to make... positive differences in the lives of
local families.
On behalf of the Board of Directors, we thank you for your support.
With the adoption of the subject agreement, we look forward to
continuing our collaborative efforts.
Sincerely,
69.-w
Jo Coffaro, President
Barbara Spreng, Founding President
4000 Middlefield Rd., T-2 , Palo Alto, CA 94303 • 650-329.2221 • www,cityofpaloalto.org/familyresources