HomeMy WebLinkAboutStaff Report 3555
City of Palo Alto (ID # 3555)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 3/4/2013
City of Palo Alto Page 1
Summary Title: Contract extension with Cardiac Therapy Foundation of the
Mid-Peninsul
Title: Staff Recommends That Council Approve the Short Form Agreement for
Revenue Contracts (Attachment A) Extending the Joint Venture Between the
City of Palo Alto and the Cardiac Therapy Foundation of the Mid-Peninsula,
Inc. (CTF) through December 31, 2014.
From: City Manager
Lead Department: Community Services
RECOMMENDATION
Staff recommends that the Council approve the Short Form Agreement for Revenue Contracts
(Attachment A) extending the Joint Venture between the City of Palo Alto and the Cardiac
Therapy Foundation of the Mid-Peninsula, Inc. (CTF) through December 31, 2014.
The purpose of this Joint Venture is to continue current classes, programs and services related
to the CTF program at the Cubberley Community Center (Cubberley) for the benefit of resident
and non-resident doctor-referred participants afflicted with cardiovascular disease and other
medically related conditions. The term of this agreement will expire at the same time as the
City’s lease with the Palo Alto Unified School District (PAUSD) for the use of Cubberley, on
December 31, 2014.
BACKGROUND
For almost 40 years, CTF has been serving adults with cardiovascular disease or diabetes. It is
the only non-hospital-based program on the Peninsula that provides these kinds of therapeutic
and educational services for persons who are at risk for heart attacks. In December 2001, the
City and PAUSD entered into a property exchange agreement (Exchange) whereby the City
obtained title to eight-acres of Cubberley site in exchange for the City's release of its interest in
the Terman Community Center site to PAUSD. CTF sub-leased office and program space
through the Jewish Community Center (JCC) at the Terman Community Center site before
moving, along with the JCC, to Cubberley, when Terman was converted back to a public middle
City of Palo Alto Page 2
school in 2003. In September 2009, the JCC relocated from Cubberley to its new campus on
Fabian Way. CTF has expressed its desire to remain at Cubberley due to the suitability of
facilities and because the City could offer availability of gym space at times that would continue
current therapy classes and programs. On September 27, 2010 the Council approved a Joint
Venture agreement with CTF so it could continue to operate its program at Cubberley through
August 2013.
DISCUSSION
The agreement is a renewal of the existing agreement with CTF; the following are key changes:
a. A 16-month term – September 1, 2013 to December 31, 2014; and
b. Revenue to the City will increase by 2.5%.
The term of this agreement will expire at the same time as the City’s lease with PAUSD for the
use of Cubberley, namely, December 31, 2014. At this time it is unknown whether a new lease
between the City and PAUSD will be negotiated for community use of Cubberley and what the
terms and conditions of a possible new lease will be. Therefore, any commitments to partner
organizations providing services at Cubberley cannot extend beyond December 2014.
The Community Services Department values the services CTF has provided the Palo Alto
community since 1970. The program has over 200 regular participants who exercise weekly at
Cubberley under the supervision of doctors and a skilled nursing staff.
In addition to the many health benefits this program provides, it also serves a very positive
social benefit, which is almost as important for the participants as the physical benefits. Each
participant shares a common challenge that bonds them in a special way. This bond helps
motivate members to keep healthy through physical activity. Countless friendships have
developed over the 40 years, improving the quality of life for thousands of people. This in part
is because the CTF program is not provided in a hospital setting but rather in a community
center, making it much more appealing for many of the participants.
The Community Services Department has been a longtime supporter of the CTF and its
programs. City staff wishes to ensure the CTF program continues to serve individuals that have
suffered from cardiovascular disease and other medically-related conditions in Palo Alto at
Cubberley.
City of Palo Alto Page 3
The renewal of this agreement is consistent with the provisions in the Council-adopted
Public/Private Partnership Policy (Attachment B). The Joint Venture option in the Public/Private
Partnership Policy is applied as CTF is an independent non-profit organization that offers much
needed and appreciated services for the senior population in Palo Alto. In return the City
provides CTF with gym space during low demand hours at a reduced rate.
RESOURCE IMPACT
Revenue to the City for the 16-month term from CTF would be $31,920.00 for gymnasium use
during low demand hours at Cubberley and $8,640 for CTF’s use of office space at Cubberley at
a rate of $540/month per the 2013 approved Municipal Fee Schedule.
ENVIRONMENTAL REVIEW
Approval of the Joint Venture does not require review under the California Environmental
Quality Act (CEQA), as such action does not meet the definition of "project" pursuant to
California Public Resources Code Section 21065.
ATTACHMENTS
Attachment A: Short Form Agreement for Revenue Contracts
Exhibit A: Scope of Services
Exhibit B: General Conditions
Exhibit C: Insurance Requirements
Exhibit D: Non-Discrimination
Exhibit E: Gym Use and Allocation Policy
Attachment B: Public/Private Partnership Policy
Attachments:
Attachment A - Cardiac Therapy Short Form Agreement (DOCX)
Exhibits - Cardiac Therapy Exhibits (2) (DOCX)
Attachment B - Public-Private Partnership Policy (PDF)
PURCHASING GUIDE – APPENDIX L 0073419 PAGE 1 OF 5
ATTACHMENT A
Appendix L:
Short Form Agreement for
Revenue Contracts
See next page for Forms and Instructions:
PURCHASING GUIDE – APPENDIX L 0073419 PAGE 2 OF 4
Short Form Agreement for Revenue Contracts
Contract #:
THIS AGREEMENT IS MADE AND ENTERED INTO ON _________________, 2013, BY AND BETWEEN THE CITY
OF PALO ALTO (the “CITY”) AND THE CARDIAC THERAPY FOUNDATION OF THE MIDPENINSULA, INC.
(“CONTRACTOR”), 4000 Middlefield Road, Suite G-8, Palo Alto, CA 94303-4739; (650) 494-1300; IN
CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
CONTRACTOR SHALL PROVIDE OR FURNISH THE SERVICES AS SPECIFIED IN THE EXHIBITS IDENTIFIED
BELOW:
EXHIBITS: THE FOLLOWING EXHIBITS ARE HEREBY ATTACHED AND MADE PART OF THIS AGREEMENT:
AGREEMENT IS NOT COMPLETE UNLESS ALL EXHIBITS ARE ATTACHED
A. Scope of Services
B. General Conditions
C. Insurance Requirements
D. Certificate of Nondiscrimination
E. Gym Use and Allocation Policy
F. Will Contractor be working with minors? Yes___ No _X_
If YES, include Eligible to Hire form and proof of negative TB test.
TERM: THE SERVICES FURNISHED UNDER THIS AGREEMENT SHALL COMMENCE ON SEPTEMBER 1, 2013
AND SHALL BE COMPLETED ON OR BEFORE DECEMBER 31, 2014.
COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT AND THE PROVISION OF
FACILITIES AND SERVICES:
CONTRACTOR SHALL PAY CITY: the total sum of $40,560 for a 16-month term (at $2,535 per month or $30,420 per year), which
monthly payment is due and payable, in advance, within five (5) business days of the first day of each month; this includes (A) the
sum of $1,995.00 per month for a 16-month term total of $31,920 (or 12-month total of $23,940) for use of low demand space and
hours at the Cubberley Community Center, and (B) the sum of $540.00 per month for a 16-month term total of $8,640 (or 12-month
total of $6,480) for rental of office space at Cubberley.
PAYMENT RECORD (DEPARTMENT USE PAGE 3)
CITY ACCOUNT NUMBER:
COST CENTER GL ACCT
PROJECT /INTERNAL ORDER PHASE NO.
DOLLAR AMOUNT
GENERAL TERMS AND CONDITIONS ARE INCLUDED ON ALL PAGES OF THIS AGREEMENT.
.
HOLD HARMLESS. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its Council Members, officers, employees, and agents from
any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’S, its officers’, directors’,
employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in
the performance of or failure to perform this Agreement by CONTRACTOR.
ENTIRE AGREEMENT. This Agreement and the exhibits represent the entire Agreement between the parties with respect to the services that are the
subject of this Agreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby.
PURCHASING GUIDE – APPENDIX L 0073419 PAGE 3 OF 4
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY THE CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE.
PROJECT MANAGER AND REPRESENTATIVE CONTRACTOR
FOR THE CITY
NAME Rob de Geus BY _________________________________
DEPT Recreation, Community Services Dept. TITLE _____________________________________________
P.O, BOX 10250 SOCIAL SECURITY
PALO ALTO, CA 94303 OR I.R.S. NUMBER __________________________________
Telephone 650-329-2639
PAYMENTS SEND ALL PAYMENTS TO THE CITY, ATTN: PROJECT MANAGER
CITY OF PALO ALTO APPROVALS: (ROUTE FOR SIGNATURES ACCORDING TO NUMBERS IN APPROVAL BOXES BELOW)
CITY DEPARTMENT Funds Have Been
Budgeted
(1)
PURCHASING & CONTRACT
ADMINISTRATION INSURANCE
REVIEW
(2)
APPROVAL OVER $25,000
(3) PURCHASING MANAGER
APPROVAL OVER $25,000 APPROVAL OVER $85,000
CITY OF PALO ALTO
BY:_____________________________________
CITY ATTORNEY
ATTEST:
BY:________________________ _______________________
MAYOR CITY CLERK
PURCHASING GUIDE – APPENDIX L 0073419 PAGE 4 OF 4
CITY OF PALO ALTO
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. This Agreement consists of and includes the terms and
conditions in the pages of this Short Form Agreement for Revenue Contracts
and any exhibits referenced herein.
B. GOVERNING LAW. This Agreement shall be governed by the laws of
the State of California.
C. INTEREST OF CONTRACTOR. It is understood and agreed that this
Agreement is not a contract of employment between the CITY and
CONTRACTOR. At all times CONRACTOR shall be deemed to be an
independent contractor and CONTRACTOR is not authorized to bind the CITY
to any contracts or other obligations. In executing this Agreement,
CONTRACTOR certifies that no one who has or will have any financial
interest under this Agreement is an officer or employee of the CITY.
D. INSURANCE. CONTRACTOR agrees to provide the insurance specified
in the “Insurance Requirements” form, attached hereto as Exhibit C, or such
other insurance as is acceptable to the CITY as evidenced by a Certificate of
Liability Insurance provided by CONTRACTOR's insurance carrier or broker.
In the event CONTRACTOR is unable to secure a policy endorsement naming
the City of Palo Alto as an additional insured under any comprehensive general
liability or comprehensive automobile policy or policies, CONTRACTOR shall
at a minimum, and subject only to the written approval of the CITY’s Risk
Manager or designee, cause each such insurance policy obtained by it to
contain an endorsement, providing that the insurer waives all right of recovery
by way of subrogation against the CITY, its officers, agents, and employees in connection with any damage, claim, liability personal injury, or wrongful death
covered by any such policy that is the sole fault of CONTRACTOR or its
directors, officers, employees or agents. Each such policy obtained by
CONTRACTOR shall contain an endorsement requiring thirty (30) days' prior
written notice from the insurer to the CITY before cancellation or reduction in
the coverage or limits of such policy shall become effective. CONTRACTOR
shall provide certificates of such policies or other evidence of coverage
satisfactory to the CITY's Risk Manager, together with evidence of payment of
premiums, to the CITY at the commencement of this Agreement, and upon the
renewal of the policy, or policies, not later than twenty (20) days before the
expiration of the terms of any such policy.
E. TERMINATION/SUSPENSION. The City Manager may suspend the
performance of this Agreement, in whole or in part, or terminate this
Agreement, by giving thirty (30) days’ prior written notice thereof to CONTRACTOR, but any such notice will be given only for an uncured breach
of any material obligation hereunder by CONTRACTOR, after a commercially
reasonable time has been provided to CONTRACTOR to cure such breach
following written notification thereof to CONTRACTOR. Except as provided
in Exhibit B, at least six (6) months’ notice will be provided by the CITY for
any change of schedule or space availability for morning (non-prime time)
classes and programs, provided further, however, that no change in evening
(prime time) or morning (non-prime time) scheduling can be made by the
CITY during the term of the Agreement. The CITY does not guarantee to
provide CONTRACTOR with any notice beyond any notice that is
provided for the regular annual space allotment for evening (prime-time)
classes and programs. Upon receipt of such notice, CONTRACTOR shall
discontinue its performance as of the date of scheduling change that complies
with the above notification period and the compensation to the CITY as set
forth herein shall be decreased in proportion to the reduction in CONTRACTOR's prime-time and/or non-prime time scheduling. The rights
of the CITY under this section to suspend or terminate this Agreement shall be
in addition to any and all rights or remedies the CITY may have available to it
under the law, in the case of a breach of this Agreement by CONTRACTOR.
F. ASSIGNMENT. This Agreement shall not be assigned or transferred
without the written consent of the CITY, acting in its sole discretion. No
changes or variations of any kind are authorized without the written consent of
the City Manager or his or her designee.
G. AUDITS. CONTRACTOR agrees to permit the CITY to audit, at any
reasonable time during the term of this Agreement and for three (3) years
thereafter, CONTRACTOR'S records pertaining to matters covered by this
Agreement. CONTRACTOR further agrees to maintain such records for at
least three (3) years after the term of this Agreement has expired or is
terminated.
H. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or
partial acceptance by the CITY shall operate as a waiver on the part of the
CITY of any of its rights under this Agreement.
I. CITY'S PROPERTY. Title to the CITY’s property, if any, that are
furnished to CONTRACTOR shall remain in the CITY. CONTRACTOR shall not alter or use any such property for any purpose, other than as specified by
the CITY, or for any other person without the prior written consent of the
CITY. CONTRACTOR shall store, protect, preserve, repair and maintain such
property in accordance with sound professional practice, all at
CONTRACTOR’s sole cost and expense.
J. NON-DISCRIMINATION. No discrimination shall be made in the
employment of persons under this Agreement on account of the race, color,
national origin, age, ancestry, religion, sex or other specified attributes or
characteristics of such person. CONTRACTOR agrees to meet all requirements
of the Palo Alto Municipal Code pertaining to nondiscrimination in
employment, including completing and signing the Certificate of
Nondiscrimination, attached hereto as Exhibit D.
K. WORKERS’ COMPENSATION. CONTRACTOR, by executing this
Agreement, certifies that it is aware of the provisions of the California Labor
Code, which may require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the
provisions of that code, and certifies that it will comply with such provisions
before commencing the performance of the work of this Agreement.
L. PRICE TERMS.
Extra charges, invoices and payment. No extra charges of any kind will be
allowed, unless they are specifically agreed to, in writing, by the CITY, except
as required by the CITY’s Municipal Fee Schedule or other applicable laws.
All state and federal excise, sales and use taxes shall be stated separately on the
invoices.
M. SCHEDULES OR DELIVERY. Time is of the essence of this
Agreement. CONTRACTOR agrees to comply with the specific schedule
provided by the CITY or agreed upon herein without delay and without
anticipating the CITY’S requirements. CONTRACTOR also agrees not to
make material commitments or scheduling arrangements in excess of the
required amount or in advance of the time necessary to meet the schedule(s) of
this Agreement, if any.
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EXHIBIT A - SCOPE OF SERVICES
CONTRACTOR SHALL:
As a formally declared “joint venture” partner of the CITY, CONTRACTOR shall provide classes,
programs and services related to its program for the benefit of resident and non-resident doctor-
referred participants having cardiovascular disease and other medically-related conditions. In the
provision of these therapeutic services, CONTRACTOR shall:
(1) Abide by the policies/procedures established by the CITY and the CITY’S Recreation Division
of the Department of Community Services for the use of the CITY’s facilities, equipment, furniture,
and other Gym A and Gym Activity Room elements. These shall include, but are not limited to, the
City of Palo Alto Injury and Prevention program, Operations Manual, Safety Procedures and
Guidelines, and Building Emergency Procedures.
(2) Obtain, supervise, and pay all necessary related fees for the services of all professional
assistance needed to produce such programs operated by it.
(3) Pay all fees and costs for materials, supplies and other fees and expenses connected with said
programs.
(4) Collect from program participants fees set by CONTRACTOR for all services rendered by it.
CONTRACTOR shall set its own fee schedule and shall provide the CITY with a copy of its
program and class fee schedule.
(5) Be solely responsible for the control and supervision of all program activities and personnel
connected therewith and shall notify all personnel of their obligations and responsibilities pertaining
to their program area. CONTRACTOR will have primary responsibility for building security when
CONTRACTOR is occupying the CITY’s facilities.
(6) Accommodate other uses of the Gym facility and Gym Activity Room, including, but not
limited to, Gym A and the lobby during periods of non-use of the programs. The CITY shall notify
CONTRACTOR of such other uses. CONTRACTOR shall provide personnel for any moving of
CONTRACTOR’S equipment.
(7) Also designate as its Project Director or his/her designee (the “Project Director”) for the term or
duration of this Agreement an employee or subcontractor to manage or supervise on behalf of
CONTRACTOR, including production, and served as CONTRACTOR’S liaison with the CITY’s
Project Manager or his/her designee (the “Project Manager”) in all matters relating to the CITY in
any manner.
(8) Exercise safe practices in the use of the CITY’s facilities and equipment, maintain and clear
work areas, and within 24 hours of an incident, report in a form to be provided by the CITY, such
information regarding the incident. Immediately report to the Project Manager on the same form
any breakage, malfunction, deterioration or loss of any of the CITY’S resources. CONTRACTOR
shall not attempt to repair any of the CITY’s equipment used by CONTRACTOR in accordance
with this Agreement. CONTRACTOR shall immediately discontinue any activity whenever an
unsafe or dangerous condition is deemed to exist. CONTRACTOR shall train and supervise its staff
and volunteers on safe practices and adhere to the CITY’S safety procedures and guidelines. If, in
the opinion of any duly authorized CITY employee, CONTRACTOR is conducting an activity in an
unsafe manner, CONTRACTOR or its agents shall be informed and shall immediately discontinue
such activity until such activity is able to be conducted in a safe manner approved by the CITY’s
staff.
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(9) Promote and publicize all of its programs, and shall print in all publicity, including, but not
limited to, publications, mailings, flyers, posters, brochures, programs, and paid or public service
advertising, the statement, “In cooperation with the City of Palo Alto Community Services
Department.” In conformance with the Americans with Disabilities Act of 1990 (ADA) guidelines
and requirements, CONTRACTOR shall bear responsibility for providing appropriate auxiliary aids
and services where they are necessary to achieve an equal opportunity to participate in and enjoy
the benefits of classes and programs of CONTRACTOR under this Agreement. Newly printed
programs shall include the following statement required by the ADA: “Persons with disabilities who
require information on auxiliary aids or services in using City facilities, services, or programs or
who would like information on the City’s compliance with the Americans with Disabilities Act
(ADA) of 1990, may contact: ADA Coordinator, City of Palo Alto, 650-329-2550 (Voice) or
adacityofpaloalto.org (Internet).”
(10) Continue to exist as an independent, non-profit corporation under the laws of the United States
and the State of California. Any changes in CONTRACTOR’s Articles of Incorporation, By-Laws,
or tax- exempt status shall be reported by CONTRACTOR immediately to the Project Manager. Not
more than twenty-five percent (25%) of the persons serving on the governing board of
CONTRACTOR may be interested persons. An “interested person” means any person currently
being compensated by CONTRACTOR for services rendered to it, whether as a full or part-time
employee, independent contactor or otherwise, but excluding any reasonable compensation paid to a
director for services rendered in the capacity of a director.
(11) Submit all new signs or displays to be located on the Cubberley premises to the Project
Manager for approval. Inside the Gym and Gym Activity Room, no display materials may be
permanently placed by CONTRACTOR upon walls. A display may only be placed in a manner that
all fasteners thereto can be removed at the time that any such display will be taken down.
(12) Assure that Gym A and the Gym Activity Room, hallways and outdoor areas adjacent to the
Gym will be cleared and clean, and that scenery, properties, and other program equipment will be
disassembled and stored, to the Project Manager’s satisfaction, within 30 minutes after the end of
the last class of the day or in accordance with a time schedule mutually agreed upon by the parties’
designated representatives. The Gym and Gym Activity Room shall always be returned to its basic
set-up as established by the Project Manager, unless there is a mutual understanding with the
incoming group, which agrees to perform this duty, which has been approved by the Project
Manager.
(13) Leave all spaces clear, clean and orderly at the end of each use. The Gym, foyer and Gym
Activity Room are to be cleared of all materials, except Gym equipment, after each daily use. Trash
and recycling are to be removed from all areas daily. Recyclables are to be put in the recycling carts
near the trash dumpster and garbage and trash are to be put into the dumpster. CONTRACTOR is
required to reduce waste, reuse and recycle per the CITY’s Zero Waste Plan. Office space and
hallways are to be kept continually clear, clean and orderly and neither space shall be used for the
purpose of equipment storage. Materials may not be left or stored any place out-of-doors overnight
or when unattended by CONTRACTOR personnel.
(14) Enforce current regulations as established by the CITY with regard to any smoking, eating and
drinking in the CITY’s facilities. CONTRACTOR shall provide staff and/or volunteers, who will
enforce such regulations. Smoking is not permitted inside any CITY facility. Except as may be
permitted by applicable law, no person shall bring any animal into the Gym or Gym Activity Room.
This regulation shall not apply to service animals assisting individuals with disabilities or to animals
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in training to become service animals. CONTRACTOR shall clean up all food and drink containers
daily after use.
(15) Observe all provisions of this Agreement when it is using the CITY’s facilities, including Gym
A and the Gym Activity Room. This shall include cleaning the rooms, returning tables and chairs to
their initial locations, and depositing all trash and recycling in the appropriate receptacles.
(16) Comply with the CITY’s TB test requirement for employees and volunteers of
CONTRACTOR at any time the CITY’s Risk Manager deems it necessary for minors.
(17) Comply with the CITY’s sound ordinance levels for any outdoor activities.
(18) Pay Building Attendant fees as set forth in the Municipal Fee Schedule for any Attendants who
may be required for the use of the CITY’s facilities. All building use policies must be adhered to for
any CITY facility use by CONTRACTOR.
(19) In accordance with the terms of the CITY’s Gym Use and Allocation Policy (Exhibit E),
CONTRACTOR shall abide by the following class schedule in Gym A (non-prime time use):
Monday 7:00 am to 12:00 pm (Classes 7:30 am to 11:45 am)
Tuesday 6:30 am to 8:30 am (Classes 7:00 am to 8:00 am)
Wednesday 7:00 am to 12:00 pm (Classes 7:30 am to 11:45 am)
Thursday 6:30 am to 12:00 pm (Classes 7:00 am to 11:45 am)
Friday 7:00 am to 9:00 am (Classes 7:30 am to 8:30 am)
Saturday 6:30 am to 8:30 am (Classes 7:00 am to 8:00 am)
In addition, CONTRACTOR shall abide by the following class schedule in the Gym Activity
Room:
Monday 5:00 pm to 7:00 pm (Classes 5:30 pm to 6:30 pm)
Tuesday 5:00 pm to 7:00 pm (Classes 5:30 pm to 6:30 pm)
Wednesday 5:00 pm to 7:00 pm (Classes 5:30 pm to 6:30 pm)
Thursday 5:00 pm to 7:00 pm (Classes 5:30 pm to 6:30 pm)
This schedule shall be inclusive of all time necessary to set-up and to take-down the equipment
necessary to run the class or program and for necessary clean-up.
The CITY anticipates CONTRACTOR may operate its classes and programs 52 weeks per year. If
CONTRACTOR does not intend to use any of the CITY’s facilities during any portion of the year,
the Project Director shall inform the Program Manager of any planned vacation or other non-use
period relating to the CITY facilities.
(20) Provide staff oversight for every class or program whenever the public is in attendance.
CONTRACTOR shall permit only persons who have been trained in medical emergency, safety and
use procedures to supervise cardiac therapy programs. Staff must be available to assist participants
under all circumstances and must be aware of and able to assist disabled persons. The Project
Director must also be available to assist in emergency situations throughout the entire program until
participants have left the premises. Staff must ensure that wheelchairs, walkers, etc. are not
blocking any of the aisles or exits.
(21) CONTRACTOR-owned materials will remain the property of CONTRACTOR, and shall be
removed from Gym A and the Gym Activity Room at the conclusion of the program in which the
materials and equipment are used. The Project Manager may, on a case-by- case basis, authorize
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exceptions, in writing, for that occasion only, except as may be otherwise stated. All office
equipment and/or exercise equipment purchased and owned by CONTRACTOR will remain the
private property of CONTRACTOR, and the CITY assumes no responsibility or liability for the loss
or maintenance of such materials. All equipment, instruments and any other materials rented,
borrowed or owned by any subcontractor, agent or person for CONTRACTOR is the responsibility
of CONTRACTOR and/or its subcontractors, and the CITY assumes no responsibility or liability
for its maintenance or loss.
(22) Be required to replace or have repaired by factory authorized technicians CITY-owned
equipment or materials identified by the Project Manager as property that is lost, damaged or
destroyed by an agent of CONTRACTOR while the same was in the possession of
CONTRACTOR. A written report must be made by CONTRACTOR on a CITY form, whenever
CITY equipment is lost, damaged, or destroyed by CONTRACTOR.
(23) May use Gym facilities and equipment and Gym Activity Room only for productions
expressly covered under this Agreement. Exceptions may be considered by the Project Manager
upon the receipt of CONTRACTOR’s written request at least fifteen (15) days prior to the date
needed and, if granted, will be approved, in writing, by the Project Manager.
(24) Shall not in any way modify the CITY’s facilities and may not install or attach anything in, to
or on the CITY’s facilities without having first submitted a written request to, and obtained the
approval of, the Project Manager. Any violation shall result in CONTRACTOR being charged for
all repairs necessary to restore the facility to its original condition and any additional costs
pertaining to the restoration of the CITY’s property.
(25) Shall immediately report to the City of Palo Alto police any incidents of a criminal or
suspicious nature occurring on the CITY’s property and notify the Project Manager within 12 hours.
If the initial notification is given verbally, then it must also be submitted, in writing, to the Project
Manager on the form provided.
(26) The doors to Gym A and foyer and the Gym Activity Room, as well as any other exterior
access doors to any area of the Cubberley Gym, shall not be left open, unlocked or with the locking
mechanism disabled at any time, when the immediate area secured by the door is unoccupied by
CONTRACTOR.
(27) Must fill out a CITY Report of Accident/Property Damage report for any and all accidents,
injuries or property damage, if a CITY employee is not present to fill out the report.
(28) Shall avoid the use of “disposables” containers and refrain from using StyrofoamTM and other
plastic containers that are used for food/beverage service. Reusable food/beverage service ware
should be utilized by CONTRACTOR to the maximum extent practicable. Where a reusable
food/beverage service option is not available, CONTRACTOR shall choose items that are
recyclable.
(29) CONTRACTOR shall comply with all applicable federal, state and local laws at all times
during the term of this Agreement.
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EXHIBIT B - GENERAL CONDITIONS
THE CITY SHALL:
(1) Allow CONTRACTOR the use of Gym A and the Gym Activity Room as scheduled in Exhibit
A, Subsection 19 for the preparation and presentation of CONTRACTOR’s classes and programs to
be performed under this Agreement. Any use of the CITY’s facilities other than that those listed in
this Agreement that are necessary to carry out CONTRACTOR’s rights under this Agreement must
be scheduled through and approved in advance by the Project Manager.
No class shall begin earlier than 7:00 a.m. or shall end later than 6:30 p.m. In no event shall
CONTRACTOR conduct other activities, or otherwise occupy the CITY’s facilities outside of the
designated hours, unless the prior written permission of the Project Manager is obtained.
CONTRACTOR shall observe all facility security rules and regulations as established by the CITY.
The City will provide lighting, door locks and supervision of facilities to help ensure the safety and
security of used gyms, walkways and other facilities.
(2) Additional use may be provided, as specified in Exhibit A above, however, priority use of the
Gym will always be given to programs and classes that are covered by contracts with the CITY. The
CITY will not be responsible for obtaining additional space, but it may assist in locating other CITY
spaces and may act as co-sponsor for use of the CITY’s facilities under appropriate circumstances.
The CITY reserves the right to allow other uses of space that are not in actual, scheduled use by
CONTRACTOR.
(3) Allow CONTRACTOR to use all operational equipment in the CITY’S Gym A and Gym
Activity Room inventory as requested by CONTRACTOR and approved by the CITY.
CONTRACTOR accepts the CITY’s equipment in their “as is” condition, and CONTRACTOR will
be responsible for ensuring that such equipment is used and maintained in a safe condition and is
returned in working condition, normal wear and tear excepted, at the conclusion of its use or of the
program.
(4) Monitor all aspects of the program relative to safety. If the Project Manager deems that any
procedure to be followed by CONTRACTOR is unsafe, then the Project Manager has the authority
to immediately cause CONTRACTOR to stop implementing such procedure. The CITY shall not
interfere, however, with the medical management or supervision of any program participant.
(5) Provide maintenance of the CITY’s facilities and equipment. The CITY shall respond with
reasonable speed to make necessary repairs hereunder. The CITY retains the right to close the
building for maintenance or repairs, including, but not limited, to the refinishing of floors, with
adequate notice to the Project Director. The CITY will be responsible for providing maintenance of
the fixtures, lights, and other appliances for the use of CONTRACTOR and program participants.
The CITY will also be responsive to reports of broken locks, doors, windows, heating equipment or
water fountains for the security and safety of CONTRACTOR and program participants. The CITY
will provide janitorial services necessary to clean facilities and restrooms for the benefit of the
program participants.
(6) Have the right to, without notice, suspend this Agreement in the event of a force majeure or
otherwise if the CITY’s Gym A, Gym Activity Room or other building should be declared
uninhabitable for reasons of safety by the proper authorities (e. g., if the building should be
damaged in an earthquake and be declared unsafe for occupancy). If there is an outbreak of
pandemic flu or other medical emergency and places of public gatherings are closed, the CITY will
not assume any financial responsibility for loss of revenue by CONTRACTOR. If the Gym A, Gym
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Activity Room and ancillary facilities are not available for use due to earthquake, other disaster, or
safety related issues, the CITY will not assume any financial responsibility for loss of revenue by
CONTRACTOR.
PROGRAM FEES
(1) CONTRACTOR shall set fees for their classes, will collect the fees directly from program
participants, and shall retain all proceeds from the class and program fees.
(2) CONTRACTOR may request the CITY’s permission to add classes and programs, consistent
with the constraints, express or implied, of the Gym Use and Allocation Policy, in response to
public need. CONTRACTOR shall be required to pay regular hourly rates and pay for any and all
added classes and/or programs at fees set forth in the CITY’S Municipal Fee Schedule (Regular
weekly, non-profit rate is subject to a discount that may be authorized by the Director of the
Community Services Department).
GENERAL UNDERSTANDINGS
(1) CITY. The Division Manager, Recreation Division is designated as the Project Manager for the
CITY, who shall render overall supervision of the progress and performance of this Agreement by
the CITY. All services to be performed by the CITY under this Agreement shall be managed under
the overall supervision of the Project Manager. CONTRACTOR shall collaborate with the Project
Manager in all matters dealing with the CITY’s policies, facilities, equipment and other CITY
departments outside of the Cubberley Community Center.
(2) CONTRACTOR. CONTRACTOR shall assign a Project Director, who shall have overall
responsibility for the progress and execution of this Agreement by CONTRACTOR. Should
circumstances or condition subsequent to the execution of this Agreement require a substitute
Project Director, CONTRACTOR shall notify the CITY immediately of such occurrence. The
Project Director shall be responsible for all actions of CONTRACTOR, including its staff. The
Project Director shall also be responsible for all communications and information that are delivered
to and obtained from the CITY and CONTRACTOR’S personnel.
(3) ACCESS. CONTRACTOR shall not prevent the Project Manager, facility maintenance
personnel, and others specifically designated by the Project Manager from gaining unfettered access
to the Gym and Gym Activity Room facilities. The Project Manager and others specifically
designated by the Project Manager shall attempt to coordinate such access, if possible.
(4) SPECIFIC SERVICES. CONTRACTOR shall provide all specified services as set forth herein,
for the production of classes and programs as listed in and on the dates specified in Exhibit A.
(5) The term “fiscal year” shall mean July 1 to June 30, although CONTRACTOR is not required to
use the same period for its own record-keeping and reporting purposes.
(6) The term “days” shall mean calendar days.
(7) CONTRACTOR represents that it is qualified to furnish its services as described in this
Agreement, and it shall be responsible for the performance of this Agreement.
FISCAL RESPONSIBILITIES OF CONTRACTOR
(1) Fiscal Agent. CONTRACTOR shall appoint a fiscal agent, who shall be responsible for the
financial and accounting activities of CONTRACTOR, including the receipt and disbursement of
CONTRACTOR’s funds. CONTRACTOR shall provide the CITY with the name of a fiscal agent
and notify the Project Manager within 24 hours of any changes occurring during the term of this
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Agreement. CONTRACTOR shall have sole responsibility for the safekeeping of its class and
program receipts and monies.
(2) Financial Record. In support of its system of accounts, CONTRACTOR shall maintain
complete and accurate records of all financial transactions, including, but not limited to, contracts,
invoices, time cards, cash receipts, vouchers, canceled checks, and bank statements. These records
shall be made available to the CITY upon request subject to applicable laws relating to the privacy
rights of program participants.
PROGRAM REPORTS AND RECORDS
(1) Production Reports. CONTRACTOR shall keep accurate records of and shall file with Project
Manager any and all Program Reports within thirty (30) days following the end of each class term
period, listing the number of classes and/or programs, and the number of program participants
(identified separately as resident and non-resident participants). CONTRACTOR shall make every
reasonable effort to supply such other information as the Project Manager and/or City Auditor may
request subject to applicable laws relating to the privacy rights of program participants. On
reasonable notice and with reasons specified, CONTRACTOR shall grant the Project Manager
and/or City Auditor access to all of CONTRACTOR’s records relating to this Agreement, including
program records, data, statements, and reports.
(2) Evaluation of services. CONTRACTOR shall furnish all data, statements, records, information,
and reports requested by the CITY to monitor, review, and evaluate the performance of
CONTRACTOR’S services hereunder.
(3) A copy of CONTRACTOR’S most recently filed California State Tax Form 199, “California
Exempt Organizations Annual Information Return,” must be filed with the Project Manager within
fifteen (15) days of the date on which it is required to be submitted to the State of California, and it
shall also be attached to this Agreement prior to final approval of this Agreement.
CORRECTIVE ACTION REQUIREMENT
Notwithstanding the requirements of this Agreement, in the event the CITY should determine from
any source, including, but not limited to, reports submitted by CONTRACTOR under this
Agreement or any evaluation report from any source, that there is a condition which requires
correction, the CITY may forward to CONTRACTOR a request for corrective action. Such request
shall indicate the nature of the condition(s) or issue(s), which require(s) corrective action and may
include a recommendation as to appropriate corrective action. Within fifteen (15) days of the
CITY’S request, CONTRACTOR shall submit its response which shall include its position on the
matter and proposed action, if any. Upon the request of either party, the parties shall meet within
five (5) days thereafter to discuss the CONTRACTOR’s position and proposed corrective action.
CONTRACTS WITH OTHER AGENCIES
CONTRACTOR agrees not to enter into any contract with another person or agency that will
materially interfere with or inhibit the full performance of the services to be provided by
CONTRACTOR under this Agreement. CONTRACTOR agrees to terminate as soon as legally
feasible any contract which will materially interfere with or inhibit the full performance of the
services to be provided by CONTRACTOR to the CITY under this Agreement. Nothing herein is
intended to prohibit CONTRACTOR from applying for, and receiving, supplementary funding from
other than CITY sources, provided that any agreement required for such funding does not materially
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interfere with or inhibit the full performance of the services to be provided by CONTRACTOR
under this Agreement.
SUBCONTRACTORS AS EMPLOYEES
CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform
the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be
recognized by the CITY as an independent contractor, as such subcontractor shall be deemed to be
an employee of CONTRACTOR, and CONTRACTOR agrees to be responsible for their
subcontractor’s performance. CONTRACTOR shall give its personal attention to the fulfillment of
the provisions of this Agreement by all of its employees, participants, volunteers, and
subcontractors, if any, and shall keep the work under its control.
INTOXICATION
CONTRACTOR shall be responsible for any injuries, liabilities, loss or damage caused by any of its
employees, agents, subcontractors, or volunteers who are present on CITY property and are under
the influence of alcohol, drugs, hallucinogens or narcotics, whether or not legally prescribed.
CONTRACTOR as well as the CITY shall not permit any of CONTRACTOR’S employees, agents,
subcontractors, or volunteers discovered to be under the influence as described above from
remaining in and using any CITY facility contemplated by this Agreement. The CITY reserves the
right to deny any such person the right to enjoy further participation in contracted activities. The
consumption of alcoholic beverages and the use of illegal drugs by any person working for
CONTRACTOR, whether that person is paid or is a volunteer, shall be expressly prohibited. This
includes all staff of CONTRACTOR while they are present at the Cubberley Community Center or
any other CITY facility in connection with this Agreement.
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EXHIBIT C – INSURANCE REQUIREMENTS
CONTRACTOR, AT ITS SOLE EXPENSE, SHALL DURING THE TERM OF THIS AGREEMNET OBTAIN AND MAINTAIN
INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH A
BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE
BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH THE CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED,
BELOW OR AS OTHERWISE ACCEPTED BY THE CITY'S RISK MANAGER:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
NO
WORKER’S COMPENSATION
AUTOMOBILE LIABILITY (NO
VEHICLES OWNED OR OPERATED)
STATUTORY
STATUTORY
YES
COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL,
AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO COMPREHENSIVE AUTOMOBILE
LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY DAMAGE,
COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAYS’ ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY
II. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS
SECTION AND IV THROUGH V, BELOW.
A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
C. POLICY NUMBER(S): ___________________________________________________________________________________
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D. DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR
APPROVAL):
III. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND PROPOSER’S
SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS
SPECIFIED HEREIN, EXCEPT TO THE EXTENT SUCH LOSS OR DAMAGE IS CAUSED BY THE CITY, ITS
OFFICERS, AGENTS OR EMPLOYEES.
IV. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE
AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH
ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS AN INSURED UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST
ANY OTHER PERSON, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL
NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
V. THE CITY'S RISK MANAGER HAS HAD THE OPPORTUNITY TO REVIEW CONTRACTOR'S GENERAL LIABILITY
INSURANCE COVERAGE AND HAS FOUND THAT, AS OF THE DATE HEREOF, IT MEETS THE ABOVE
REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S)
MUST BE SAME SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER’S
INFORMATION FORM.
Firm: _________________________________________________________
Signature: _________________________________________________________
Name: _________________________________________________________
(Print or type name)
Signature: _________________________________________________________
Name: _________________________________________________________
(Print or type name)
NOTICES SHALL BE MAILED TO: PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
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EXHIBIT D- CERTIFICATE 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:
________________________________________________
Partnership or Joint Venture Name (type or print)
Date:______________ _____________________________________________
Member of the Partnership or Joint Venture signature
Date:______________ _____________________________________________
Member of the Partnership or Joint Venture signature
3. If Proposer is a CORPORATION, the duly authorized officer(s) shall sign as follows:
The undersigned certify that they are respectively:
______________________________________ and _______________________________
Title Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, 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, and that they are authorized to execute same for and on behalf of said
CORPORATION.
________________________________________________________________
Corporation Name (type or print)
0073276 12
By:______________________________________ Date: _________________
Title:__________________________________________
By:______________________________________ Date: _________________
Title:_________________________________________
0073276 13
EXHIBIT E – GYM USE AND ALLOCATION POLICY
The City of Palo Alto adopts the Cubberley Community Center Gymnasium Use Policy (and the procedures adopted
hereunder, collectively, the “Policy”) in order to ensure that the City-owned, -maintained and -managed gym facilities
located at the Cubberley Community Center (the “Center”), which include the Pavilion, Gym A and Gym B (the
“Gyms”), are utilized for recreational, athletic, cultural, educational, social and community service functions meeting
the needs and interests of the community, and ensure that permitted users are fully informed as to the City’s guidelines
that govern the use of the Gyms.
Purpose:
To strive to provide Palo Alto residents with an opportunity to participate in their activities of choice.
To establish policies and procedures governing the use of the Gyms.
To ensure Palo Alto residents have priority access to the Gyms.
To provide diverse activities reflecting the recreational preferences of Palo Alto residents.
To contribute a proportionate amount of the Gyms’ usage time to regional organizations in which Palo Alto
residents participate.
To collect fees for the use of the Gyms in support of their ongoing maintenance and repairs.
To ensure that decisions regarding the Gyms are used in the best interests of the neighborhoods, recreational
organizations, and residents of Palo Alto.
To ensure that appropriate activities are permitted in the appropriate gym facility.
A Facility Use Permit is required for any and all organized use of any of the Gyms. The use of any of the Gym facilities
requires the making of an advance reservation and is subject to fee, security deposit and insurance requirements.
See Exhibit A for the details of the various Gyms at the Center.
I. Gym Use Permits:
A permit to use any of the Gyms will be considered according to the annual Gym Use permit application processing
schedule. Gym space usage will be awarded on a priority basis. After the requests are processed on a priority basis, the
Gyms then will be made available for use to non-priority basis requests. To apply for a Gym Use permit, an applicant
must submit a Facility Use Application and Permit to the Center’s staff for approval. The Facility Use Application and
Permit form can be obtained online at www.cityofpaloalto.org/cubberley or it may be obtained in person at the Center,
located at: 4000 Middlefield Rd. #T2, Palo Alto, CA.
II. Facility Use Permit Filing Deadline:
The Facility Use Application and Permit form must be submitted to the Center by March 1st of each year in
order to be considered for the right to use any of the Gyms, commencing during the following academic year:
September to August.
III. Prime Time Hours/Non-Prime Time Hours:
“Prime Time” hours are defined as Monday – Thursday, 3:00 p.m. to 9:00 p.m.; Saturday, 8:30 a.m. to 5:00
p.m.; and Sunday, 9:00 a.m. to 4:00 p.m.
“Non–Prime Time” hours are defined as all hours that are not defined as “Prime Time” hours.
City of Palo Alto
Cubberley Community Center
Gymnasium Use Policy
0073276 14
IV. Eligibility for Prime Time Hours Usage:
The following are the Gyms’ use priority guidelines for awarding gym space use during prime time hours for sports and
recreational activities at the start of each school year:
1. City-sponsored sports, recreational activities and programs; Tenants with gym leased space at Cubberley;
2. Palo Alto resident, youth, non-selective membership*, non-profit organizations or leagues (at least 75% are
Palo Alto residents);
3. Palo Alto resident, youth, non-profit organizations or leagues (at least 51% residents)
4. Palo Alto resident, adult, non-selective membership*, non-profit organizations or leagues (at least 51%
residents);
5. Palo Alto resident, adult, non-profit organizations or leagues (at least 51% residents);
6. Non-resident, non-profit organizations;
7. For-profit youth organizations;
8. For-profit adult organizations; and
9. Organizations that have previously violated the terms of the Facility Use Policy.
In the event of a determination that more than one organization are equally eligible, priority use will be given to the
organization with the highest percentage of total membership who are Palo Alto residents at the time the request for a
Facility Use Permit is made.
To qualify for non-profit rates, a non-profit organization must provide with its application a copy of its letter confirming
its non-profit status, issued by the Internal Revenue Service, together with its non-profit ID number indicated thereon, if
this responsibility has been delegated, a separate letter on organization letterhead will also be required. Payment of fees
with the non-profit organization’s check or charge card is required. The name of the non-profit organization stated in the
Facility Use Application and Permit must be identical to the name imprinted on the check or charge card.
An adult group is any group whose membership is limited to persons 18 years of age and older.
Organizations that currently have gym space during prime-time hours may not be given priority during non-prime time
hours.
*Non-selective membership allows all applicants to participant regardless of ability without tryouts.
V. Eligibility for Non-Prime Time Hours Usage:
Priority for Non-Prime Time usage will be given to those activities that satisfy all or most of the following criteria.
1. City-sponsored sports and recreational activities and programs; [Tenants with gym leased space at Cubberley,
or
2. Long-Term Year-Round existing renters, or
3. Programs that serve a vulnerable population, or
4. Programs that serve seniors or youth, or
5. Serves the greatest percentage of membership comprised of Palo Alto residents, or
6. Activities that provide culturally diverse programs, or
7. Repeat annual events,
VI. Gym Use Allocations:
The Gyms will be permitted for uses and the activities that the each of the Gyms are primarily intended for, designed
for, classified as, or for activities conducted in a manner that does not compromise public safety or gym quality and
integrity.
Youth Volleyball and Basketball organizations that qualify for categories referred to in IV.2 and IV.3
above will be allocated gym usage, as follows:
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1. Three (3) practice slots* per organization per week during prime-time hours defined as:
Monday through Thursday, 3:00 p.m. to 9:00 p.m. and Saturday, 8:30 a.m. to 12:30 p.m.
Organizations that eligible under categories described in IV.4 and IV.5 will be allocated space for
adult league play on weekends, during non-priority hours.
*Slot length and hours will vary to allow for setup/cleanup time between users.
VII. Residency:
A resident is a person residing within the city limits of the City of Palo Alto. Any person owning and paying taxes on
real property in Palo Alto, but who is not living in the City, and any person having only a Palo Alto business address,
will not be considered a resident for gym use application purposes. Children attending Palo Alto Unified School
District schools are considered residents for enrollment purposes. The City will require identification or documentation
of residency to be considered for priority use. In the event proof of residency cannot be established, the person will be
charged the non-resident rates or will be limited by restrictions applicable only to non-residents.
VIII. Residency Verification:
A master league roster is required to be submitted with the application in order to verify residency; that roster will
include the players’ first and last names in alphabetized order, address, phone number, City of Palo Alto Utility account
numbers and, as applicable, the real property owner’s name(s). Renters may submit in the alternative any of their utility
bills, such as a cell phone bill, which proves the renter’s residence in Palo Alto or a copy of their driver’s license, which
provides a Palo Alto address.
Any group or organization found to be misrepresenting its residency status will have its permit revoked for the year in
which the gym use application is directed; such group will be assigned the lowest priority usage for gym use scheduling
for the immediately following year. In addition, any group or organization found to be reserving gym use for any time
period for another organization (that would otherwise have a lower priority for gym use scheduling) will be penalized
by the revocation of its permit for the year for which the permit is issued and that group or organization will be assigned
the lowest priority usage for gym use scheduling for the immediate following year.
IX. Fees
All fees are due and payable as stated on the user’s permit following the submission of the Facility Use Application and
Permit. The fees and charges for gym usage are established by the City Council in the Municipal Fee Schedule and are
not negotiable. The following provisions are applicable:
1. Each Gym has an individual per-hour rental rate; a late fee will be charged for late payments, and all fees are
subject to change. For a detailed list of fees, refer to the facilities schedule for rates.
2. Non-profit organization discounts will apply to organizations who have submitted an IRS Letter of non-profit
Section 501(c)(3) status with their application. The Facility Use Application and Permit must be signed by an
authorized person in order to be eligible to receive the non-profit discount. If this responsibility has been
delegated, a separate letter concerning the delegation and printed on organization letterhead will also be
required.
3. Certain events may require staff to be on duty at the user’s expense to provide set-up, clean-up, and to monitor
events for safety and compliance with city policies. See facility schedule for rates.
X. Deposits
1. A refundable cleaning and damage deposit up to $2,000 may be collected. Any additional fees such as those
incurred for space cleaning, damages, staff time, and room time will be deducted from the cleaning/damage
deposit before the balance is returned. Any charges incurred to return the gym facility to its condition existing
prior to the permittee’s usage will be deducted from the cleaning/damage deposit. This deposit may be
forfeited for violations of any rental conditions named on the reverse side of the Facility Use Application and
Permit.
2. If the additional fees due and payable exceed the amount of any deposit, the permit holder will be billed for the
balance due. Payment will be due and payable within thirty (30) days of the date of invoice. Fees that are not
paid will be assigned for collection to a collections agency and the user group will be ineligible to apply for
gym use until the unpaid amount is settled in full.
0073276 16
Note: Users are responsible for damages or extra fees incurred due to guest’s actions or behaviors.
XI. Insurance Liability
A valid insurance certificate is required for the use of any of the Gyms. The insurance certificate must afford one
million dollars ($1,000,000.00) of general liability coverage per occurrence and contain the following information:
General liability coverage (property and bodily injury) as evidenced by an insurance certificate with
an endorsement naming the City of Palo Alto as ADDITIONAL INSURED, and guaranteeing 30
days’ prior notice to change or cancellation of the policy.
Use of any gym will not be allowed unless insurance requirements are satisfied no later than thirty (30) business days
prior to the first scheduled date of use of the gym. .
1. The permit holder shall be responsible for any and all damage to the Gyms, equipment and/or property covered
by the permit. If additional maintenance is deemed required (in excess of normal services/time) to restore the
premises, equipment and/or property to reasonable use by others, the permit holder shall be charged
accordingly.
2. The City disclaims responsibility for any accident, injury, liability, loss or damage to person or property as a
result of unauthorized Gym use.
3. The permit holder will be responsible for all actions and omissions that result in damages that are caused by
their attendees.
XII. Permit Rules & Regulations
1. Permits are not transferrable.
2. Permit holders must pick up and remove any trash generated by their activity.
3. Permit holders are responsible to observe any and all alcohol restrictions and/or policies.
4. The misuse of any Gym or the failure to conform to facility regulations, established policies and procedures or
any other Federal, State, or local law, rule regulation or ordinance shall be sufficient grounds for the immediate
revocation of the permit and/or the denial of any future applications. No refund will be granted.
5. A permit holder shall restrict its use to only the Gym space that is specifically reserved and paid for, as
designated in the permit. Other Gym space facilities may be scheduled by other groups and may not be
available. A permit holder must be in possession of its Facility Use Permit in case there is a need to address
the question of who has approved use for the facility in question. If the permit holder cannot use a facility due
to unauthorized use by another party, the permit holder should contact the Cubberley facility management staff
(650-329-2418)
6. Complaints from surrounding neighborhood residents as to the user’s activity noise level, litter and debris,
and/or disregard of parking regulations could lead to the cancellation of the permit or reservation, the forfeiture
of the deposit, and the denial of facility use in the future. See Good Neighbor Policy
XIII. General Rules & Regulations
All City of Palo Alto Municipal Codes/Regulations apply to all City Facilities.
1. The City reserves the right to cancel an approved reservation due to maintenance needs, overuse of facility,
unsafe conditions, or due to a conflict with a City event. In these cases, all attempts will be made to provide a
minimum of 15 days’ advance notice and to provide an alternate location. In the event of an emergency, when
only on-short notice or no notice can be provided, groups must cooperate with the request to not use the facility
or risk loss of current permit and denial of future use. If there are no alternate facilities available, the City is
not obligated to provide an alternate facility. In case of such event, a full refund will be given.
2. For Cubberley Community Center facility hours of operations, see Appendix B.
3. The City encourages partnerships and volunteerism to improve gym quality and maintenance; however, in the
absence of a written agreement, donations and/or contributions of time does not give any organization priority
at any facility. Groups wishing to make alterations to facilities must submit these improvement requests in
advance to the City. No groups will be allowed to make any alteration to any facility without first obtaining
the City’s approval.
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XIV. Cancellations
The City and the permit applicant, respectively, each has the right to cancel an event or the issuance of the permit by
giving written notice 30 days prior to the event or prompt notice, if the permit has been issued. Refunds will be honored
for cancellations made, in writing, and received 30 days before the event. Cancellations made in writing and received
less than 30 days before the event are entitled to a refund of the cleaning and damage deposit only. If the City cancels a
facility use permit, at no fault of the user, a full refund will be made.
XV. Good Neighbor Policy
The purpose of this policy is to ensure that decisions regarding the use of the Gyms are used in the best interests of the
neighborhoods, sports organizations, and citizens of Palo Alto. The City has established the following rules and
regulations to govern the use of the Gyms for the safe and pleasant enjoyment of participants and neighbors. Every
person shall abide by these rules or be subject to forfeiture of the security deposit and/or loss of the privilege of future
use of the facilities.
All litter and debris that may occur as a result of your event must be picked up and deposited into trash or
recycling receptacles, where provided, or removed from the premises.
All groups are responsible for the condition in which they leave the facility. Any excessive clean-up required
by City crews following your use will be cause for forfeiture of all or part of your damage deposit.
Amplified music, use of musical instruments, radios, or Public Address Systems must conclude by 9:00 p.m.,
Sunday through Thursday, and by 11:00 p.m., Friday and Saturday, and is allowed by permit only.
Complaints from surrounding neighborhood residents as to noise level, litter and debris, and disregard for use
of parking regulations could result in cancellation of your reservation, forfeiture of security deposit, and denial
of future facility use.
The Cubberley Community Center has established the Gym Use Policy to provide gym space to more organizations
under specific guidelines and rules and regulations. The objective is to make the reservation process fair and
transparent.
Staff will collaborate with Gym use permit holders over the next year to evaluate the effectiveness of the Gym Use
Policy as well as provide a status report to the Parks and Recreation Commission after one year of implementation.
Adopted: July 27, 2009
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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
“public/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.
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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.
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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 will include 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.