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HomeMy WebLinkAbout2003-09-22 City Council (7)City of Palo Alto City Manager’s ort TO:HONORABLE CITY CO~CIL FROM:CITY MANAGER DEPARTM’ENT: COMI~tIU,LNITY SERVICES DATE:SEPTEMBER 22, 2003 CMR: :34:0a SUBJECT:APPROVAL OF A CONTRACT WITH PALO ALTO UNIFIED SCHOOL DISTRICT (PAUSD) LN WHICH THE CITY WILL ADMIN-ISTER THE COMMU~-ITY SPORTS PROGRAM AT J.L. STAaNFORD, JORDAN AND TERMAN 5fIDDLE SCHOOLS h’Vr N iTRECO_ L IEi DATION StaffreconLrnends that Council: 1. Approve and authorize the Mayor to execute the attached contract with the Palo Alto Unified School District (PAUSD) in which the City of Palo Alto will administer the community sports pro~am at J. L. Stanford, Jordan, and Terman Middle Schools, and 2.Authorize the City Manager to renew the a~eement for two additional one-year periods. BACKGROU~rD The City of Palo Alto has worked collaboratively with PAUSD since 1991 to administer the Co~ranunity Sports Program at J. L. Stanford and Jordan Middle Schools. This collaboration has provided for the successful joint operation of a sports pro~am serving up to t 000 middle school students annually. DISCUSSION Under this contract, the City and PAUSD will work together to provide an organized after-school athletic program for sixth, seventh, and eighth grade students at J. L. Stanford, Jordan and Terman Middle Schools during the school year. The City will admixzister the program, which includes registration and collection of fees and waivers from eveu participant. Scholarships will be available to all participants. Local sports organizations will be invited to assist in the coordination of the progam. An Executive Cotrm~ittee made up of City and District staff and one parent from each of the middle schools wil! meet periodically to reconnnend program policies. The programs will be located on site at J. L. Stanford, Jordan, or Terman Middle Schools, and other District and/or City facilities as determined by the Executive Con=nittee. CIvLR:434:03 Page 1 of 2 RESOURCE IMPACT This contaact will provide no net increase in revenue to the General Fund. POLICY IMPLICATIONS The recomlnendation is that this report is consistent with current City policies. ENVIRONMENTAL REVIEW This program is not a project as defined by the Califol~a Enviromnental Quality Act (CEQA) and is not subject to CEQA requiremems. ATTACHMENTS Attachment A:Contract _f PREPARED BY: % ........... "~AWN CALVERT Superintendent of Recreation DEPARTMENT HEAD: PAUL THILTGEN Director of Community Seza, ices CITY MANAGER APPROVAL: E~ ’I~Y HARRISON Assistant City Manager CMR:434:03 Page 2 of 2 EXHIBIT ~’A" Community Athletic Program for Middle School Students (The "Pro~am") The City and the District will work together to provide an organized after-scho!! athletic sports program for sixth, seventh, and eighth grade students within the community at J.L Stanford, Jordan and Terman Middle SchooIs, during the 03-04 school ?,ears. The City will administer the Pro~am as set forth in this contract. Any student who would like to participate in the Program wil! be offered a chance to join a team. The City will enroll and collect fees, registration and waivers from evev participant. The fees will vao, for each sport. The range is sixty-five dollars ($~5) to one hundred and fifteen dollars ($115) per sport (Exhibit :’B"). Scholarships will be available to all participants as described in the 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 sports organizations will be invited to assist in the coordination of the Program where applicable. An Executive Committee made up of PAUSD and City staff, and one parent representative from each middle school will meet periodically to recommend Program policies to the City. Listed below are the sports offered under the Program during the school years 2003-04. Boys Girls B asketb all Basketball Volleyball Volleyball Coed Track and Field Cross Country Wrestling Flag Football The Program sports will all take place in or on the campuses of J.L Stanford, Jordan or Terman Middle Schools, and other District and/or City, facilities as determined by the Executive Committee. Fee Schedule Listed below are the fees to be charged for the Program. All fees are authorized under the municipal fee schedule. Each participant wiil be charged one (1) fee per sport. Sport Fee Ranue Basketball (Boy/Girl)$90-115 Cross Country (Coed)$65-100 Flag Football (Coed)$90- ! 15 Track and Fie!d (Coed)$85-115 Volleyball (Boy/Girl)$90-115 Wrestling (Coed)$65-100 TO:HONO!V_~,~BLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMML~¢tTY SER~,~.CES DATE:CMR: 434:03 SUBJECT:APPROVAL OF A CONTRACT WITH PALO ALTO UNIFIED SCHOOL DISTRICT (PAUSD) EN WHICH THE CITY 2M)MIN[STER THE COMMUNITY SPORTS PROG~’I AT d.L. STANFORD, JO~_4~N AND TERMAN MIDDLE SCHOOLS ~COMMENDATr, ON Staffrecormmends that Council: 1. Approve and authorize the Mayor to execute ~e attached contract with the Pa!o Alto Unified School District (PAUSD) in which the Civy of Palo Alto will administer the conmmnity sports program at J. L. Stanford, Jordan, and Terman Middle Schools, and 2.Authorize the City, Manager to renew the agreement for ~vo additional one-year periods. BACKGROUND The City. of Palo Alto has worked co!laboratively with PAUSD since 1991 to administer the Communi~ Sports Pro~am at J. L. Stanford and Jordan Middle Schools. This collaboration has provided for the successPal joint operation of a spo~s program se,wing up to 1000 middle school students annually. DISCUSSION Under this contract, the City and PAUSD will work together to provide an organized aker-school athletic program for sixth, seventh, and eighth grade students at J. L. Stanford, Jordan and Terman Middle Schools during the school year. The City will administer the pro~am, which includes registration and collection of fees and waivers from evew participant. Scholarships will be available to all participants. Local sports organizations will be invited to assist in the coordination of the program. An Executive Conmaittee made up of City mad District staff and one parent ~onl each of the middle schoots will meet periodically to recommend program policies. The programs will be located on site at J. L. Stanford, Jordan, or Terman Middle Schools, and other District and/or City facilities as determined by the Executive Con~aittee. CMR:434:03 Page 1 of 2 RESOURCE IMPACT This contract will provide no net Lrtcrease in revenue to the General Fund. POLICY IMPLICATIONS The reconzmendation is that t15s report is consistent with current Cib, policies. ENVIRONMENTAL REVIEW This program is not a project as defined by the California Environmental Quality Act (CEQA) and is not subject to CEQA requirements. ATTACHMENTS Attackment A:Contract PREPARED BY: ~--"-"~AWN CALVERT Superintendent of Recreation DEPARTMENT HEAD: PAUL THILTGEN Director of Community Services CITY MANAGER APPROVAL: EI~Y HARRISON Assistant City Manager CMR:434:03 Page 2 of 2 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 ~ade students within the community at J.L Stanford, Jordan and Terman Middle Schools, during the 03-04 school years. The City will administer the Program as set forth in this contract. Any student who would like to participate in the Pro~am will be offered a chance to join a team. The City will enroll and collect fees, registration and waivers from every participant. The fees will vary for each sport. The range is sixty-five dollars (S65) to one hundred and fifteen dollars ($115) per sport (Exhibit "B"). Scholarships will be available to all participants as described in the 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 sports organizations will be invited to assist in the coordination of the Program where applicable. An Executive Committee made up of PAUSD and City staff, and one parent representative from each middle school will meet periodically to recommend Program policies to the City. Listed below are the sports offered under the Program during the school years 2003-04. Boys Girls Basketball Basketball Volleyball Volleyball Coed Track and Field Cross Country Wrestling Flag Football The Program sports will all take place in or on the campuses of J.L Stanford, Jordan or Terman Middle Schools, and other District and/or City facilities as determined by the Executive Committee. 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. _~ort Fee Range Basketball (Boy/Girl)$90-115 Cross Country (Coed)$65-100 Flag Footbail (Coed)$90-115 Track and Field (Coed)$85-115 VolleybalI (Boy/Girl)$90-115 Wrestling (Coed)$65-100 AGREEMENT for ADIKi~iSTR_ATION OF COI~-~oqq!TY SPORTS PROGRA!~ AT J. L. ST!!~F. OFd9, JO~AIq ~I~UD TERi~._~!q IqlDDLE SCHOOLS BET~FSEN THE CITY OF PALO ~.LTO A!qD THE P~-LO ALTO UNIFIED SCHOOL DISTRICT THIS AGREEMENT (~Agreement") is entered into ................... 2003, by and between the CITY OF PI’~_L0 ALTO, a municipal corporation of California, ("CITY") and the PALO ALTO UNIFIED SCHOOL DISTRICT, a public school district of California, with offices at 25 Churchill Avenue, Palo Alto, California 94306 ("DISTRICT"); W I TNE S S E T H : Z~EREAS, CITY and DISTRICT desire to provide sixth, seventh and eighth grade students with the opportunity to participate in an after-schoo! community athletic program; and ~q~EREAS, C!TY and DISTRICT intend by this Agreement for CITY to administer such program at Jordan Middle Schoo! and jane Lathrop Stanford ("J. L. Stanford") Middle School and Te_~man Middle School, with the assistance and cooperation of DISTRICT as set forth in the Agreement; NOW, THEREFORE, in consideration of covenants, the parties hereto agree as follows: their mutual SECTION 1 - DEFINITIONS i.i CITY The term ~CiTY" shall mean the City of Palo Alto, including all the territory lying within the municipal boundaries of the City of Palo Alto, California, as presently existing, plus all territory which may be added thereto during the term of this Agreement by annexation or otherwise. For the purposes of this Agreement, the term "CITY" shall also include all territory lying within the boundaries of DISTRICT. 030917 cl 0053298 1.2 CITY M_Z_N~AGE_R The term, "City Manager" shal! mean the duly appointed City Manager of the City of Palo Alto, California,or his designated representative. 1.3 DISTRICT The term "DISTRICT" shall mean the Palo Alto Unified Schoo! District, as presently existing, including al! the territo~y_ lying within the boundaries of DISTRICT. 1.4 PARTiC!P_~{T The term "Participant" shal! mean any participating sixth, seventh or eighth grade student wlno is enrolled and actively participates, or intends to participate, in the Program, as defined under Subsection 1.5 hereof. The term "Program" shall mean the community athletic program to be administered by CITY under this Agreement, at J. L. Stanford, Jordan Middle Schools and Terman Middle School, as described in Exhibit "A" attached hereto and made a part hereof by this reference. SECTION 2 - PROG_RA~M COOPdDilqAT!ON 2.1 CITY The City Manager shall be representative of CITY for all purposes under this Agreement. The Superintendent of Recreation is designated as the PROGRAI, I M_~,NAGER for the City Manager, and he/she shall supervise the progress and execution of this Agreement, and shall be assisted by a recreation supervisor and/or recreation coordinator. 2.2 DISTRICT The Superintendent of DISTRICT schools shall be representative of DISTRICT for al! purposes under this Agreement. DISTRICT shall assign a single DISTRICT FROGK~ COORDINATOR to have overal! responsibility for the progress and execution of this Agreement for DISTRICT. 030917 cl 0053298 2 SECTION 3 -DUTIES OF CITY CITY shall be responsible to administer the Program under this Agreement as described in E~hibit "A," including the provision of the fol!owing services: 3.1 Develop and distribute, with the assistance of DISTRICT, al! written information about the Program to students, and parents and guardians of students, at jordan, J. L. Stanford and Terman 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 E~nibit "B" and made a part hereof by this reference. CITY shal! co!lect all revenue from fees for the Program, and share the revenues as follows: (i) CITY shall pay to DISTRICT the sum of ~enty-four Thousand Dollars ($24,000) provided there is sufficient revenue produced through participant registration fees less all CITY expenses incurred, but excluding the cost of salaries and benefits for CITY’s permanent staff or CITY’s administrative overhead charges. The payment shal! be distributed by DISTRICT as follows: Eight Thousand Dollars ($8,000) each for J. L. Stanford Middle School, Jordan Middle School and Terman Middle School. (ii) Al! monies remaining after payment of the above amounts shall be distributed to DISTRICT outright at the end of this year. The DISTRICT shal! distribute the funds between the three schools as fol!ows: in an amount determined by the tota! number of annual participants per school after al! CITY expenses have been determined and paid to CITY. The foregoing percentage shares of the parties shall be reviewed annually by them at a meeting of the parties no later than the month of August of each year. Payments to the DISTRICT shall be made within 45 days after the conclusion of the Fal!, Winter and Spring sport seasons. CITY shall also administer any necessary registration paperwork for all Participants, including collecting completed waivers from the Partici]ants. 3.3 Disburse available scholarship funds for the Program to eligible recipients who desire to participate mn the Program, according to the written procedures for such scholarships which shall be mutually determined by DISTRICT and CITY. CITY and DISTRICT also agree to cooperate to develop a funding base for such scholarships for the Program. Each schoo! shall provide scholarship information to CITY within 45 days after the conclusion of the registration period for the fall, winter and spring sport seasons. 030917 cl 0053298 3 3.4 Provide sufficient staff to administer and super%-ise the Program, with the cooperation of the "Athletic Director" (as defined under Subsection 4.3 hereof) and the Principa! at each middle schoo! site. 3.5 Employ all coaches for the Program, including providing the compensation for the coaches. Compensation for the coaches shal! consist of payment on an hourly basis, as determined by C!TY. 3.6 Administer training for all participate in the Program. coaches who wil! 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 shal! be comprised of: (a) the C!TY RECREATION SUPERVISOR or PROG~Iff COOB!gINATOR; (b) the DISTRICT PROGK~I! COORDINATOR; (c) the DISTRICT emp!oyees designated as Athletic Director for each middle school site; (d) the middle school principals or designee; (e) up to two (2) parent representatives from each middle schoo! selected by the DISTRICT Superintendent or his/her designee; and (g) a DISTRICT administrative representative. The Executive Committee shall have the following responsibilities: Hake the final determination of sports to be offered under the Program. ii.Approve the athletic schedules for the Program, including practices, games and tournaments. iii.Approve the Participants. awards policy for iv.Approve the scholarship policy as provided 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’s administration of the Program. 3.9 Procure all permits and licenses, pay all charges and fees, and give al! notices which may be necessary and incident to the lawful prosecution of the services to be performed by CITY under this Agreement. 030917 cl 0053298 4 SECTION 4 - DUTIES OF DISTRICT DISTRICT shall perform the following services under this Agreement: 4.1 Provide al! of the fo!lowing for the Program at both J. L. Stanford, Jordan and Tezqnan Middle Schools: (A) All equipment for the Program. (B)All uniforms for the Participants. (c)All facilities and playing fields at J. L. Stanford, Jordan and Terman Middle Schools for the Program. (D)Transportation to and from events necessary for the Program and the Participants. (E)Payment of stipends to "mentor coaches" participating in the Program. Hentor coaches shal! be 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 wil! receive from CITY in accordance with Subsection 3.5 hereof. DISTRICT shall also ensure that such mentor coaches complete the responsibilities assigned to them by the Athletic Director and the school principa! at each middle school. 4.2 Maintain all middle school facilities, playing fields, and equipment in a safe condition, consistent with regular school and sports usage, as may be reasonably necessary for the Program. 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 and games. fields. (B) Schedule playing facilities and playing (C)Suggest to CITY candidates for coaches. (D) sporting event. Arrange for all game officials for each 030917 cl 005329~ 5 (E) Provide the necessary equipment. (F)Secure and provide uniforms to all Participants. (G)Coordinate transportation to and from events of Participants. Authorize payment of league dues, awards and officials for the Program from student body funds. 4.4 Provide first aid kits and related supplies for the Program at each school site. 4.5 Co~,mmunicate to parents and guardians of all Participants that home-to-school transportation arrangements regarding after-school activities must be made independently by the Participants. 4.6 Assist CITY with its distribution of all informational and other printed materials related to the Program to the Participants, their parents or guardians and any other interested persons. 4.7 Procure all permits and licenses, pay all charges and fees, and give al! notices which may be necessary and incident to the lawful prosecution of the services to be performed by DISTRICT under this Agreement. SECTION 5 - TERM The services to be performed hereunder shall commence on July i, 2003 and shall be completed by June 30, 2004, unless this Agreement is terminated sooner as provided herein. This agreement may be extended for two (2) additional one year terms. SECTION 6 - EXTENSION OF TERM In the event that the services called for under the Agreement are not completed within the time specified above, the City Manager and the DISTRICT Superintendent shall have the option to extend the time for completion. Neither the City Manager nor the DISTRICT Superintendent has the authority to extend the time for completion without the consent of the other. SECTION 7 -TERMINATION OR SUSPENSION OF AGREEMENT Either CiTY or DISTRICT may suspend or terminate this Agreement, without cause, by giving thirty (30) days prior written notice thereof to the other party. 030917 cl 0053298 SECTION 8 -ASSIG~EMENT; SUBCONTP~hCTORS; EMPLOYEES 8 . 1 AS S IGN~{ENT a~tent_on to theBoth parties shall give their persona! ~ { faithful performance of this Agreement and shal! not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may re_quire. A consent to one assignment shal! not be deemed to be a consent to any subsequent assignments. ~y assignment without such approva! shall be void and, at the option of the other party, shal! terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shal! not be assignable by operation of law without the prior written consent of the other party. 8.2 SUBCONTRACTORS; EMPLOYEES DISTRICT shall be responsible for emp!oying or engaging all persons necessary to perform the services of DISTRICT hereunder. CITY shal! be responsible for employing or engaging all persons necessary to perform the services of CITY hereunder. SECTION 9 -NOTICES Al! notices hereunder shal! be given in writing and mailed, postage prepaid, by certified mail, addressed as fo!lows: To CITY:Office of the City Clerk City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94303 To DISTRICT:Superintendent Palo Alto Unified School District 25 Churchill Avenue Pa!o Alto, CA 94306 SECTION i0 -INDEMNITY i0.i CITY’s OBLIGATION TO INDEMNIFY DISTRICT CITY shall protect, indemnify, defend and hold harmless DISTRICT from and against any demands, claims, liability or expense on account of suits, verdicts, judgments, costs or claims of any nature or kind arising out of, or in any way connected with, CITY’s performance or nonperformance under this Agreement, including CITY’s operations on, possession, use, management, alteration or contro! of DISTRICT’s property under this Agreement, except for any claims or liability, or portions thereof, arising from the 030917 cl 0053298 concurrent or sole negligence of DISTRICT, its officers, employees or agents, or as expressly provided under Subsection 10.2 hereof. 10.2 DISTRICT’s OBLIGATION TO !~EMAN!FY CITY DISTRICT shall protect, indemnify, defend and hold harmless CITY from and against any demands, claims, liability or e~ense on account of suits, verdicts, judgment, costs or claims of any nature or kind arising out of, or in any way connected with, DISTRICT’s performance or nonperformance under this Agreement, including DISTRICT’s operations on, possession, use, management, maintenance, improvement, alteration or contro! of DISTRICT’s property under this Agreement, except for any claims or liability, or portions thereof, arising from the concurrent or sole negligence of CITY, its officers, emp!oyees or agents or as expressly provided under Subsection !0.i hereof. SECTION ii -!NSUR~2qCE !i.i DISTRICT’s REQUIRED iNSU~<NCE COVERAGE DISTRICT, at its sole cost and expense, shall obtain and maintain, in full force and effect throughout the entire term of this Agreement, the com~ercia! genera! liability insurance coverage described in Exhibit "C", attached hereto and incorporated herein by this reference, in the amount of One Million Dollars ($!,000,000), insuring not only DISTRICT and its employees, but also CITY, its officers, agents and employees, and each of them, with respect to DISTRICT’s participation in the Agreement and the activities and services performed by DISTRICT under the provisions of this Agreement. 11.2 DISTRICT’s CERTIFICATE OF INSUK~CE Certificates of DISTRICT’s insurance, required by Section ii.! hereof, shal! be filed with CITY concurrently with the execution of this Agreement. Said certificates shall be subject to the approva! of CITY’s Risk Manager and shall contain endorsements stating that said insurance wil! cover DISTRICT and CITY for any claims or liability arising from DISTRICT’s participation, activities and services performed under the provisions of this Agreement and wil! not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days prior written notice of such cancellation or alteration, and that the CITY is named as an additional insured under the terms of Section ii.i of this Agreement. Current certificates of such insurance shal! be kept on file at al! times during the term of this Agreement with the City Clerk. 030917 cl 0053298 8 11.3 CITY’s REQUIRED SELF-iNSUF-<NCE COVE~hGE CITY, at its sole cost and expense, shall maintain, in full force and effect throughout the entire term of this Agreement, its self-insurance program for general liability coverage described in Exhibit "D", attached hereto and incorporated herein by this reference, in the amount of One Million Dollars ($!,000,000), insuring not only CITY but also DISTRICT, its officers, agents and employees, and each of them, with respect to CITY’s participation in this Agreement and the activities and services performed by CITY under the provisions of this Agreement. 11.4 CITY’s PROOF OF SELF-INSU~\~CE CITY shall provide DISTRICT with written proof of CITY’s self-insurance program, required by Section 11.3 hereof, concurrently with the execution of thisAgreement. Said proof of the self-insurance program shal! be subject to the approva! of DISTRICT’s Risk Manager and shal! contain language stating that said insurance wil! cover CITY and DISTRICT for any claims or liability arising from CITY’s participation, activities and services perfo_rmed under the provisions of this Agreement and wil! not be canceled or altered by CITY except after thirty (30) days prior written notice to DISTRICT of such cancellation or alterations. The language shall also state that DISTRICT is n~med as an additional insured under CITY’s self-insurance program under the terms of Section 11.3 of this Agreement. SECTION 12 - AUDITS 12.1 CITY’s RIGHT TO AUDIT DISTRICT agrees to permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, DISTRICT’s records pertaining to matters covered by this Agreement. DISTRICT further agrees to maintain such records for at least three (3) years after the term of this Agreement. 12.2 DISTRICT’s RIGHT TO AUDIT CITY agrees to permit DISTRICT to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CITY’s records pertaining to matters covered by this Agreement. CITY further agrees to maintain such records for at least three (3) years after the term of this Agreement. SECTION 13 -AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shal! apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 9 030917 cl 0053298 SECTION 14 -~iVERS The waiver by either party of any breach or violation of any terms, covenant, or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, ordinance, or law or of any subsequent breach or violation of the same or of any other terms, covenant, condition, ordinance, or law. SECTION 15 -COSTS AA~ ATTORNEYS’ FEES The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with such an action from the other party. SECTION !6 -AGREEMENT CONTAINS ALL UArDERSTAA~DI!gGS; .~_MEN ~5~mNT This document represents the entire and integrated agreement between CITY and DISTRICT and supersedes all prior negotiations, representations, and agreements, either written or ora!, including Contract No. $4045966 between the parties. This document may be ~mended only by written instrument, signed by both CITY and DISTRICT. SECTION 17 - GOVEF~ING LAW This Agreement shall be governed by the laws of the State of California. // // // // // // // // // // // 030917 cl 0053298 !0 IN WITh~ESS ~k[EREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF Pg~,O ~-LTO Mayor ATTEST: PALO ~TO L~iFiED SCHOOL DISTRICT By : Its: Superintendent City Clerk 9~PRO’TED AS TO F0~[: Senior Asst. City Attorney APPROVED: Director of Administrative Services Insurance Review APPROVED AS TO CONTENT: Director of Community Services Attachm, ents: Exhibit "A": Exhibit "B": Exhibit Exhibit ’~D": Description of Program Fee Schedule For Program District’s Insurance Coverage City’s insurance Coverage 030917 cl 0053298 11 CERTiFZCATE OF (Civil Code § 1189 STATE OF COU_-NTY OF ) ) ) On , before me , a notary public 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. 030917 cl 0053298 12 EXHIBIT "A" Midale School StudentsCommunity Athletic Program for ~ " ’ (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, Jordan and Terman Middle Schools, during the 03-04 school years. The City will administer the Program as set forth in this contact. Any student who would like to participate in the Program will be offered a chance to join a team. The City wi!l enroll and collect fees, registration and waivers from every pmficipant. The fees will vary for each sport. The range is sixty-five dollars ($65) to one hundred and fifteen dollars ($115) per sport (Exhibit "B"). Scholarships will be available to all participants as described in the contract. Participants desiring a scholarship, whether fu!l or partial, will need to submit a request in writing. Scholarships wi!l be available for each sport offered. Local sports organizations will be invited to assist in the coordination of the Pro~am where applicable. An Executive Committee made up of PAUSD and City staff, and one parent representative from each middle school will meet periodically to recowanend Program policies to the City. Listed below are the sports offered under the Program during the school years 2003-04. Bov___~s Girt__.~s Basketball Basketball Volleyball Volleyball Coed Track and Field Cross Country Wrestling Flag Football The Program sports will all take place in or on the campuses of J.L Stanford, Jordan or Terman Middle Schools, and other District and/or City faci!ities as determined by the Executive Corrkmittee. 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 wil! be charged one (1) fee per sport. Sport Fee Range Basketball (B o34Girl)$90-115 Cross Country (Coed)$65-100 Flag Footbal!(Coed)$90-115 Track and Field (Coed)$85-115 Vo!leybail (Boy/Girl)$90- ! 15 Wrestling (Coed)$65-100 ~-DHiHiSTRAT!ON OF COI~J.NITY SPORTS PROGRA!4 AT J. L. ST.~!~’FORD, jOFHDAN .~_’~D TER-MAN MIDDLE SCHOOLS BETWEEN THE CITY OF PALO ALTO THE PALO A.LTO UNIFIED SCHOOL DISTRICT THIS AGREEMENT ("Agreement") is entered into , 2003, by and between the CITY OF PALO ALTO, a municipal corporation of California, ("CITY") and the PAL0 ALTO UqgiF!ED SCHOOL DISTRICT, a public school district of California, with offices at 25 Churchill Avenue, Pa!o Alto, California 94306 ("DISTRICT"); W r TN= S S E TH_ ~ : ~t, FHEREAS, CITY and DISTRICT desire to provide sixth, seventh and eighth grade students with the opportunity to particioate in an after-school community athletic program; and kq6EREAS, CITY and DISTRICT intend by this Agreement for CITY to administer such program at Jordan Middle Schoo! and Jane Lathrop Stanford ("j. L. Stanford") Middle School ~nd Terman Middle School, with the assistance and cooperation of DISTRICT as set forth in the Agreement; NOW, THEREFORE, in consideration of covenants, the parties hereto agree as fol!ows: their mutua! SECTION ! - DEFINITIONS i.! CITY The term ~C!TY" shall mean the City of Pa!o Alto, including al! the territory lying within the municipal boundaries of the City of Pa!o Alto, California, as presently existing, plus all territory which may be added thereto during the te_rm of this Agreement by am~exation or otherwise. For the purposes of this Agreement, the term "CITY" shal! also include all territory lying within the boundaries of DISTRICT. 030917 cl 0053298 ~h du~ ~ appointedThe term "City Hanager" shal! mean ~__e _~ Citv ~4anager of the City of ~=’ A! ,,_r-=o to California or his designated representative. 1.3 DISTRICT The term ~’DiSTR!CT" shal! mean the Palo Alto Unified ~c_.:oo,_ Dzszr~_c:, as Presently existing, including a~ ] the territo_~-_~, lying within the boundaries of DISTRICT. 1.4 P~T!C!P~_NT The term "Participant" shal! mean any participating sixth, sevennh or eighnh grade student wlno is enrolled and ac~ive!y participates, or intends to participate, in the Program, as defined under Subsection 1.5 hereof. !. 5 PROGR_q{ The term .......P~ogr=m shal! mean t%=__~ community athletic program to be a~ministered by CITY under this Agreement, at j. L. Stanford, Jordan ~!idd!e Schools and Terman Hidd!e School, as described in E>~hibit "A" attached hereto and made a part hereof by this reference. SECTION 2 - PROGPC~!~ COOP:~DiNATION 2.1 CiTY The City Manager shal! be representative of CITY for all purposes under this Agreement. The Superintendent of Recreation is designated as the PROGR~kI~ K~AGER for the City Manager, and he/she shall supervise the progress and execution of this Agreement, and shal! be assisted by a recreation supervisor and/or recreation coordinator. 2.2 DISTRICT The Superintendent of DISTRICT schools shall be representative of DISTRICT for all purposes under this Agreement. DISTRICT shall assign a single DISTRICT PROGK<M COORDINATOR to have overall responsibility for the progress and execution of this Agreement for DISTRICT. ¯ 030917 cl 0053298 2 SECTION 3 - DUTIES OF CITY CITY shal! be responsible to adhminister the Program under ~hls Agreement as described in Exhibit A, including the provision the following services: 3.1 Develop and distribute, with the assistance of DISTRICT, al! written information about the Program to students, and parents and guardians of students, at jordan, J. L. Stanford and Terman 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 E~tibit "B" and made a part hereof by this reference. CITY shal! collect al! revenue from fees for the Program, and share the revenues as follows: (i) CITY shall pay to DISTRICT the sum of Twenty-four Thousand Dollars ($24,000) provided there is sufficient revenue produced through participant registration fees less al! CITY expenses incurred, but excluding the cost of salaries and benefits for CITY’s permanent staff or CITY’s a6ministrative overhead charges. The pay~ent shal! be distributed by DISTRICT as fol!ows: Eight Thousand Dollars ($8,000) each for J. L. Stanford Middle Schoo!, Jordan Middle Schoo! and Terman Middle School. (ii) All monies remaining after payment of the above ~mounts shal! be distributed to DISTRICT outright at the end of this year. The DISTRICT shal! distribute the funds between the three schools as follows: in an ~mount determined by the tota! number of ~n_nua! participants per schoo! after all CITY expenses have been determined and paid to CITY. The foregoing percentage shares of the parties shal! be reviewed annually by them at a meeting of the parties no later than the month of August of each year. Payments to the DISTRICT shal! be made within 45 days after the conclusion of the Fal!, Winter and Spring sport seasons. CITY shall also administer any necessary registration paperwork for all Participants, %ncluding collecting completed waivers from the Participants. 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 shal! be mutually determined by DISTRICT and CITY. CITY and DISTRICT also agree to cooperate to deve!op a funding base for such scholarships for the Program. Each schoo! shal! provide scholarship information to CITY within 45 days after the conclusion of the registration period for the fa!l, winter and spring sport seasons. 030917 cl 0053298 3.4 Provide sufficient staff to a~tinister am.d supervise the Program, with the cooperation of the ~Ath!etic Director~ (as defined under Subsection 4.3 hereof) and the Principal at each middle school size. 3.5 Em~!oy al! coaches for the Program, including providing the compensation for the coaches. Compensation for the coaches shal! consist of payment on an hourly basis, as determined by CITY. 3.6 A6minister training marticimate 4~ ~=__._~ c:=~ Program. for all coaches who will 3.7 Organize and schedule periodic meetings, as needed, of the "Executive Committee," which committee shal! evaluate, make Program recommendations on and advise CITY about the Program, including as set forth be!ow in this Section. The Executive Committee shall be comprised of: (a) the CITY P~C_R_EATION SUPERVISOR or PROG~ COOP~iNATOR; (b) the DISTRICT PROGraM COORDINATOR; (c) the DISTRICT employees desi~eu~__ated .as Athletic Director for each middle school site; (d) the middle school principals or designee; (e) up to two (2) parent representatives from each middle schoo! selected by the DISTRICT Superintendent or his/her desig~__ee; and (g) a DISTRICT admAnistrative representative. The Executive Co~mitnee shall have the fol!owing responsibilities: Hake the final ;=~ = ~’ of _ ~~ ~e_~m~na ~! on spot cs to be offered under the Program. ii.Approve the athletic schedules for the Program, including practices, games and tournaments. iii.Approve the Participants. awards policy for iv.Approve the scholarship policy as provided 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’s a~ministration of the Program. 3.9 Procure all permits and licenses, pay all charges and fees, and give al! notices ~ich may be necessa_ry and incident to the lawfu! prosecution of the services to be performed by CiTY under this Agreement. 030917 cl 0053298 4 SECTION 4 -DUTIES OF DISTRICT DISTRICT shall perform the following services under 4.1 Provide all of the following for the Program at both J. L. Stanford, Jordan and Terman Middle Schools: (A) All equipment for the Program. (B)Al! uniforms for the Participants. (c)All facilities and playing fields at J. L. Stanford, Jordan and Te,Kman Middle Schools for the Progr~m. (D)Transportation to and from events necessary for the Program and the Participants. (E)Payment of stipenas to "mentor coaches" participating in the Program. Mentor coaches shal! be staff me.miTers designated by DISTRICT to give support to new and inexperienced coaches in the Program. DISTRICT’s stipends shal! be in addition to the pa]<ment such coaches wil! receive from CITY in accordance with Subsection 3.5 hereof. DISTRICT shall also ensure that such mentor coaches complete the responsibilities assigned to them by the Athletic Director and the school principa! at each middle school. 4.2 Haintain all middle school facilities, playing fields, and equipment in a safe condition, consistent with regular schoo! and sports usage, as may be reasonably necessary for the Program. ~ 3 Select an ’~ ’ ’__.A~hlentc Director for each school site. The Athletic Director for each site shall be responsible to perfo_rm_ the following tasks for each sport and ~eve_,~ under the Program at the particular site: (A)Schedule practices and games. fields. (B) Schedule playing facilities and playing (C)Suggest to CITY candidates for coaches. (D) sporting event. Arrange for al! game officials for each 030917 cl 0053298 (E) Provide the necessary equipment. (F)Secure and provide uniforms to all Participants. (G)Coordinate transportation to and from events of Participants. Authorize payment of league dues, awards and officials for the Program from student body funds. 4.4 Provide first aid kits and related supplies for the Program at each school site. 4.5 Com~municate to parents and guardians of all Participants that home-to-schoo! transportation arrangements regarding after-schoo! activities mcast be made independently by the Participants. 4.6 Assist CITY with its distribution of al! info_~mationai and other printed materials related to the Program to the Participants, their parents or guardians and any other interested persons. 4.7 Procure all permits and licenses, pay all charges and fees, and give al! notices which may be necessary and incident to the lawful prosecution of the services to be perfo~med by DISTRICT under this Agreement. SECTION 5 -TERM The services to be performed hereunder shall commence on July !, 2003 and shal! be co~m!eted by June 30, 2004, unless this Agreement is terminated sooner as provided herein. This agreement may be extended for two (2) additional one year terms. SECTION 6 - EXTENSION OF TER}{ In the event that the services called for under the Agreement are not completed within the time specified a~ove, the City Manager and the DISTRICT Superintendent shall have the option to extend the time for completion. Neither the City Manager nor the DISTRICT Superintendent has the authority to extend the time for com_o!etion without the consent of the other. SECTION 7 - TEKZ!NAT!ON OR SUSPENSION OF AGREEMENT Either CITY or DISTRICT may suspend or te_rrainate this Agreement, without cause, by giving thirty (30) days prior written notice thereof to the other party. 030917 cl 0953298 SECTION 8 - ASS!G!qI~iENT; SU~. CONTP~hCTORS ; E~PLOYEES Both parties shall give their persona! attention to the faithfu! performance of this Agreement and shal! not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may reomire. A consent to one assigp=ment shal! not be deemed to be a consent to any subse~aent assigm_ments. ~_ny assi ~gm_ine_~, without such approva! shall be void and, at the option of the other party, shal! terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shal! not be assignable by operation of law without the prior written consent of the other party. 8.2 SUBCONT~hCTORS; m~PLOYEES DISTRICT shal! be responsible for em.ploying or engaging al! persons necessary to perform the services of DISTRICT here~nder. C!TY shal! be responsible for employing or engaging all persons necessary to perfo-~m the services of CITY hereunder. SECTION 9 -NOTICES ~, notices hereunder shall be gmven in writing and mailed, postage prepamd, by certified mai!, aedr~ssed as follows: To CITY:Office of the City Clerk City of Pa!o Alto 250 Hamilton Avenue Pa!o Alto, CA 94303 To DISTRICT:Superintendent Pa!o Alto Unified Schoo! District 25 Churchi!l Avenue Paio Alto, CA 94306 SECTION I0 - i~E}~iTY !0.! CITY’s OBLIGATION TO INDE~%NIFY DISTRICT C!TY shall protect, inde~t~.ify, defend and hold harmless DISTRICT from and against any demands, claims, liability or e>~ense on account of suits, verdicts, judgments, costs or claims of any nature or kind arising out of, or in a~_y way connected with, CITY’s perfo_~r~ance or nonperformance under this Agreement, including CiTY’s operations on, possession, use, management, alteration or control of DISTRICT’s property under this Agreement, except for any claims or liability, or portions thereof, arising from the 7 030917 c! 0053298 n~u~_n~ sole negl~gence of DISTRICT, its officers,emp_~y_~sl~-== or agents, or as expressly provided under Subsection 10.2 hereo9. !0.2 DISTRICT’ s OBLIGATION TO i~nDE!~7!FY CITY DISTRICT shall protect, indemnify, defend and hold harmless CITY from and against any demands, claims, liability or e>~ense on account of suits, verdicts, judgment, costs or claims of any nature or kind arising out of, or in any way connected with, DISTRICT’s performance or nonperformance under this Agreement, including DISTRICT’s operations on, possession, use, management, maintenance, improvement, alteration or control of DISTRICT’s property under this Agreement, except for any claims or liability, or portions thereof, arising from the concurrent or sole negligence of CITY, its officers, emp!oyees or agents or as exp_ress!y provided under Subsection !0.! hereof. SECTION !! -!NSU_~D~!qCE !i.! DISTRICT’s REQUIRED INSUP~hlgCE COVE~D_hGE DISTRICT, at its sole cost and expense, shall obtain and maintain, in full force and effect throughout the entire term of this Agreement, the com~ercia! genera! liability insurance coverage described in E~ibit "C", attached hereto and incorporated herein by this reference, in the ~mount of One Hi!!ion Dollars ($i,000,000), insuring not only DISTRICT and its emp!oyees, but also CITY, its officers, agents and emp!oyees, and each of them, with respect to DISTRICT’s participation in the Agreement and the activities and services oerformed by DISTRICT ~nder the provisions of this Agreement. 11.2 DISTRICT’s CERTIFICATE OF INSUK~\~CE Certificates of DISTRICT’s insura~_ce, re_cIuired by Section !i.i hereof, shal! be filed with CITY concurrently with the execution of this Agreemen~ Said certi~’ -~~c~es shall be subject to the approva! of CITY s Risk Manager and shal! con~_n endorsements stating that said insurance wil! cover DISTRICT and C!TY for any claims or liability arising from DISTRICT’s participation, uu~v_u_~ and services per:ormee under the provisions of this Agreement and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days prior written notice of such cancellation or alteration, and that the CITY is named as an aedlnmona_ insured under the te-~-ms of Section i!.i of this Agreement. Current certificates of such insurance shall be kept on file at all times during the term of this Agreement with the City Clerk. 030917 cl 0053298 !i 3 CITY s R~.QU±R~D SELF-!NSUP~_NCE CITY, at its sole cost and e~ense, shall maintain, in ful! force and effect throughout the entire te=~m of this Agreement, its self-insurance program for general liability coverage described in Exhibit "D", attached hereto and incorporated herein by this reference, in the amount of One Million Dollars ($i,000,000), insuring not only CITY but also DISTRICT, its officers, agents and em_m!oyees, and each of them, with respect to CITY’s participation in this Agreement ~nd the activities and services perfo_rmed by CITY under the provisions of this Agreement. CiTY shai7 provide DISTRICT with -~’~’_ _ ~,~u~en proof of CITY s self-insurance program, re_quired by Section 11.3 hereof, concurrently with the execution of this ~ ~~._~.g~eemenu Said proof of the self-insurance program shall be subject to the approval of DTSmRTCm’s Risk Manager and shall contain ~~....manguag~ stating that said insurance wil! cover CITY and DISTRICT for any c!afms or liability arising from CiTY’s participation, activities and services performed ~sio.der the provisions of this Agreement and will not be canceled or altered by CiTY except after thirty (30) days __~e!!=~=on orprior wr~ uuen notice to D±~T_=±CT of such canc alterations.The language shall also state that DISTRICT is n~med . .TmV,as an aed~tiona! insured under C_:. s self-insurance program under the te_rms of Section 11.3 of this Agreement. SECTION 12 - AUDITS 12.1 CITY’s RIGHT TO AUDIT DISTRICT agrees to permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, DISTRICT’s records pertaining to matters covered by this Agreement. DISTRICT further agrees to maintain such records for at least three (3) years after the term of this Agreement. 12.2 DISTRICT’s RIGHT TO AUDIT CITY agrees to permit DISTRICT to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CITY’s records pertainin~ to matters covered by this Agreement. CITY further agrees to maintain such records for at least three (3) years after the term of this Agreement. SECTION 13 -AGREE!~NT BINDING The retires, covenants, and conditions of this Agreement shall apply to, and shal! bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 9 030917 cl 0053298 SECTION 14 -WAIVERS The waiver by either party of any breach or violation of any terms, covenant, or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, ordinance, or law or of any subsequent breach or violation of the same or of any other terms, covenant, condition, ordinance, or law. SECTION 15 - COSTS ~ ATTORNEYS’ FEES The prevailing party in ~ny action brought to enforce the terms of this or arising out of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with such an action from the other party. SECTION 16 -AGREEMENT CONTAINS ALL Uq~ERST~iNGS; This doc~mment represents the entire and integrated agreement between CiTY and DISTRICT and supersedes al! prior negotiations, representations, and agreements, either written or ora!, including Contract No. $4045966 between the parties. This document may be ~mended only by written instrument, signed by both CITY and DISTRICT. SECTION 17 - GOVE~gING LAW This Agreement shal! be governed by the laws of the State of California. // // // // // // // // // // // 030917 c! 0053298 !0 IN Wi_~A~ESS ~{~EP~EOF, the parties hereto have executed this Agreement the day and year first above written. CiTY OF P.~-LO ALTO P~_L0 ALTO ~IFIED SCEOOL DXSTRICT Mayor ATTEST : By: Its: Superintendent City Clerk APPRO%~D AS TO Senior Asst. City Attorney APPR0%~D: Director of A6ministrative Services insurance Review APPRO%~D AS TO CONTENT: Director of Community Services Attachments: Exhibit "A": Exhibit "B": Exhibit "C": Exhibit "D": Description of Program Fee Schedule For Program District’s insurance Coverage City’s insurance Coverage 030917 cl 0{)53298 !! S~m~ OF C OU--NTY OF ) ) ) on , before me, , a nota=~-y public in and for said County, personally appeare~ .... personally ~_~o~,_~_ to me (or proved to me on the basis of sa~’sfactory evidence) to be the person(s) whose n~me(s) is/are subscribed to the within instr’~ment, and ack=now!edged 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 instru~ment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~TITNESS my hand and officia! sea!. 030917 cl 0053298 12 EXHIBIT "A" Con’~munity Athletic Program for Middle School Students (The "Pro~am") The City and the District will work together to provide an organized after-school athletic sports program for sixth, seventh, and eighth ~ade students within the conmmnity at J.L Stanford, Jordan and Terman Middle Schools, during the 03-04 school years. The City will administer the Pro~am as set fo~h in this contract. Any student who would like to participate in the Pro~am wi!l be offered a chance to join a team. The City will enroll and collect fees, registration and waivers from every participant. The fees will vary for each sport. The range is sixty-five dollars ($65) to one hundred and fifteen dollars ($! 15) per sport (Ex~hibit "B"). Scholarships will be available to all participants as described in the contract. Participants desiring a scholarship, whether fui1 or partial, will need to submSt a request in writing. Scholarships will be available for each sport offered. Local sports organizations wi!I be invited to assist in the coordination of the Pro~am where applicable. An Executive Committee made up of PAUSD and City staff, and one parent representative from each middle school will meet periodically to recommend Pro~am policies to the City. Listed below are the sports offered under the Pro~am during the school years 2003-04. Boys Girls B asketb all B asketb all Volleyball Volleyball Coed Track and Field Cross Country WrestEng Flag Football The Pro~am sports will all take place in or on the. campuses of J.L Stanford, Jordan or Terman Middle Schools, and other District and/or City facilities as determined by the Executive Committee. Fee Schedule Listed below are t~e fees to be charged for the Pro~am. All fees are authorized under the municipal fee schedule. Each participant will be charged one (1) fee per sport. Sport Fee Ran B asketbal!(Boy/Girl)$90-115 Cross Country (Coed)$65-100 Flag FootbaI1 (Coed)$90-115 Track and Field (Coed)$85-115 Volleyball (Boy/Girl)$90-115 WrestLing (Coed)$65-100