HomeMy WebLinkAboutStaff Report 10801
City of Palo Alto (ID # 10801)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/9/2019
City of Palo Alto Page 1
Summary Title: Approval of Amendment Number 2 to the Maintenance
Agreement with PAUSD to Add 2 Years to the Term
Title: Approval of Amendment Number 2 to the Agreement With Palo Alto
Unified School District (PAUSD) for PAUSD Athletic Field Brokering and
Maintenance Cost-sharing to Extend the Term to December 2021 with an
Optional Mutual Extension for an Additional Two Years
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that City Council approve and authorize the City Manager to execute
Amendment No. 2 to the Agreement Concerning Field and Court Use, Brokering, and
Maintenance with Palo Alto Unified School District (PAUSD) to extend the term to
December 31, 2021 with an option for a mutual extension of an additional two years.
(Attachment A).
Background
In 1993, the City and PAUSD met to discuss maintenance needs of school district
athletic fields considering school district budget constraints and continued public use of
school district fields. An agreement between the City and PAUSD was entered into in
1995 for the City to maintain select PAUSD athletic fields for both school and
community use with both parties contributing an equal cost share. The agreement also
included an equal cost share for capital improvements to athletic fields. The agreement
has since been revised several times and no longer includes a cost share for capital
improvements. The cost of capital improvements is now fully incurred by PAUSD.
The agreement encompasses the maintenance and brokering of the athletic fields at 13
elementary schools and three middle schools, and tennis courts at five PAUSD schools.
The City manages the brokering of PAUSD athletic fields and tennis courts for public
community use outside of school activity hours. Revenue is shared between both
parties with the City retaining 60% and PAUSD retaining 40% of revenue.
Discussion
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City and PAUSD staff worked collaboratively to extend the current agreement with no
change to the existing terms for cost and revenue sharing. Amendment No. 2 retains
the same scope of work and service level performed by City staff. The maintenance
costs are shared equally between the City and PAUSD. The revenue share remains at
60% to City and 40% to PAUSD. The total shared revenue in calendar year 2018 was
$62,192 with the City retaining $37,315 representing a 60% share. PAUSD retained
$24,877 representing a 40% share. The attached amendment will extend the existing
agreement to December 31, 2021 (with a mutual option to extend for an additional two
years through December 31, 2023).
The amendment provides for the continued maintenance of school district fields at all
PAUSD elementary schools, as well as the fields at Jane Lathrop Stanford (JLS) and
Frank S. Greene, Jr. (Greene) Middle Schools. Greene Middle School was previously
named Jordan Middle School. The maintenance of turf areas includes mowing, edging,
de-thatching, reseeding, aeration, and maintenance of irrigation heads, valves, and
controllers. The fields at Ellen Fletcher (Fletcher) Middle School (formerly named
Terman) are not part of this agreement as these fields are dedicated parkland (Terman
Park) and are maintained in a manner consistent with City park maintenance standards.
The agreement also provides for the maintenance of tennis courts and basketball courts
at JLS, Greene, and Fletcher Middle Schools, and at Henry M. Gunn and Palo Alto High
Schools. This work includes periodic sweeping of the court surfaces and washing during
the summer months.
The City will continue to broker the fields, tennis courts, and basketball courts in
accordance with the Council-approved Field Use Policy. This policy is intended to ensure
residents, both youth and adults, have fair access to PAUSD and City-owned fields and
athletic facilities. The criteria incorporated into the Field Use Policy helps ensure Palo
Alto youth and non-profit sports clubs have top priority access to field space for practice
and competition.
The City places a high priority on the maintenance and safety of school playing fields to
ensure the community has access to athletic fields and courts for physical fitness and
recreation. This agreement will continue the City’s commitment to provide quality turf
and court surfaces.
Resource Impact
This amendment extends the terms of the existing agreement for 24 months and brings
PAUSD reimbursement into alignment with the City’s anticipated costs to perform these
services. The full cost for field maintenance over the course of the amendment is $1.7
million, with PAUSD reimbursing the City for half of the cost, and the anticipated annual
cost to the City after reimbursement is approximately $425,000. The amendment
maintains the level and scope of services and cost share of actual expenses. The only
financial impacts to the City from this action are the result of updated labor costs for
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continuing these services, which were included in the FY 2020 Operating Budget.
Funding for subsequent years of the agreement is subject to appropriation of funds
through the annual budget process.
Stakeholder Engagement
City and PAUSD staff met to review prior performace under the agreement and have a
mutual interest in continuing this collaboration. Field maintenance matters are
addressed between field operation managers of both parties on a regular basis.
Environmental Review
This amendment is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to section 15301 (existing facilities) of the CEQA
guidelines.
Attachments:
• Attachment A - Field Maintenance Amendment 2
AMENDMENT NO. 2 TO THE
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE
PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLARA
COUNTY CONCERNING THE PUBLIC USE, BROKERING AND
MAINTENANCE OF DISTRICT-OWNED ATHLETIC FIELDS,
TENNIS COURTS AND BASKETBALL COURTS JOINTLY USED
BY SCHOOL STUDENTS AND THE GENERAL PUBLIC
This Amendment No. 2 to the “Agreement Between The City Of Palo Alto And The Palo Alto
Unified School District Of Santa Clara County Concerning The Public Use, Brokering And
Maintenance Of District-Owned Athletic Fields, Tennis Courts And Basketball Courts Jointly Used
By School Students And The General Public” (“Contract”) is entered into December ____, 2019, by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (the “CITY”) and
the PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLARA COUNTY, a unified school district
organized and existing under the Laws of the State of California (the “DISTRICT”) (individually, a
“Party” and, collectively, the “Parties”), in reference to the following facts and circumstances:
R E C I T A L S
A. The Contract was entered into between the Parties on or about January 1,
2014 for the use, maintenance, and related cost-sharing of District-owned athletic fields and
courts.
B. The Parties intend to extend the Contract through December 31, 2021 with
an optional mutual extension of an additional 24 months.
C. The Parties wish to amend the Contract for the purposes described herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and
provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract titled “Agreement
Between The City Of Palo Alto And The Palo Alto Unified School District Of
Santa Clara County Concerning The Public Use, Brokering And Maintenance
Of District-Owned Athletic Fields, Tennis Courts And Basketball Courts
Jointly Used By School Students And The General Public” between DISTRICT
and CITY, dated January 1, 2014 as amended by:
Amendment No.1, dated June 25, 2018
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Subsection 2.1 of Section 2 TERM AND TERMINATION of the Contract is
hereby amended to read as follows:
2.1 The term of this Agreement will commence at 6:00 a.m. on
January 1, 2014, and end on December 31, 2021, subject to the earlier
termination of this Agreement by any Party hereto upon ninety (90) days’
advance written notice. The preceding sentence notwithstanding, this
Agreement is subject to the fiscal provisions of the Charter of the CITY and
other Laws of the CITY and the DISTRICT, and this Agreement will
terminate without any penalty (a) at the end of any fiscal year in the event
that funds are not appropriated by the Council or Board of Education for
the following fiscal year, or (b) at any time within a fiscal year in the event
that funds are not appropriated by the Council or Board of Education for a
portion of the fiscal year and funds for this Agreement are no longer
available. The CITY or the DISTRICT will use reasonable efforts to give the
other Party reasonable notice of termination in the event that funds will
not be appropriated. No provision is made for the automatic extension or
renewal of the term.
SECTION 3. Subsection 2.3 of Section 2 TERM AND TERMINATION of the Contract is
hereby added to read as follows:
2.3 The term of this Agreement may be extended for an additional
twenty four (24) months by written mutual agreement of the parties
executed at least seven (7) calendar days before expiration of the term.
Nothing in this Agreement requires either party to renew or extend this
Agreement or to enter into negotiations regarding the renewal or extension
of this Agreement.
SECTION 4. Subsection 5.1 of Section 5 PAYMENTS OF COSTS OF MAINTENANCE of
the Contract is hereby amended to read as follows:
5.1 The allocable annual costs of Maintenance and water (plus
equipment costs and salary and benefits costs, as appropriate) for the
Facilities are estimated by the CITY to be the following:
Year Estimated Maintenance Cost
2014 $650,000
2015 $650,000
2016 $650,000
2017 $650,000
2018 $650,000
2019 $650,000
2020 $843,000
2021 $866,000
2022 $896,000
Actual costs shall be shared in the ratio of 50:50 between the CITY and the
DISTRICT.
SECTION 5. The following exhibit(s) to the Contract is hereby amended to read as
set forth in the attachment(s) to this Amendment, which are incorporated in full by this reference:
a. Attachment “B” entitled “Fee Schedule and Program”.
SECTION 6. Except as herein modified, all other provisions of the Contract, including
any exhibits and subsequent amendments thereto, shall remain in full force and effect.
SECTION 7. The recitals set forth above are terms of this Amendment and are fully
incorporated herein by this reference.
IN WITNESS WHEREOF, the Parties hereto have by their duly authorized representatives
executed this Amendment on the date first above written.
CITY OF PALO ALTO
APPROVED AS TO FORM:
PALO ALTO UNIFIED SCHOOL DISTRICT:
Attachments:
ATTACHMENT B: FEE SCHEDULE AND PROGRAM
ATTACHMENT B
Fee Schedule and Program
Athletic Field Rentals** 2018-2019
Baseball Fields $7.50 - 162.00/hr.*
Soccer Fields $7.50 - 162.00/hr.*
Softball Fields $7.50 - 162.00/hr.*
Lights $27.00/use
Athletic Field Rentals** 2019-2020
Baseball Fields $7.50 - 174.00/hr.*
Soccer Fields $7.50 - 174.00/hr.*
Softball Fields $7.50 - 174.00/hr.*
Lights $29.00/use
Tennis Court Rentals (2018-2019)**
Tennis Tournament Court Use Fee $5.00 – 16/hr./court*
Tennis Court Rentals (2019-2020)**
Tennis Tournament Court Use Fee $5.00 – 17/hr./court*
* Athletic fields’ fees will be reduced by 50% for nonprofit users. Proof of nonprofit status will be
required for fee reduction. However, there shall be no fee reduction if any fee or donation is
required by the nonprofit organization permit holder in connection with the use of the permitted
field or tennis court.
** Rates are subject to change subject to the City’s Municipal Fee Schedule.
Facilities covered by these fees include:
City Sites/Parks Palo Alto Unified School District Sites
Terman Park All Elementary Schools -Open or Closed
Greene Middle School
JLS Middle School
Palo Alto High School Tennis Courts
Gunn High School Tennis Courts