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HomeMy WebLinkAboutStaff Report 13657 CITY OF PALO ALTO OFFICE OF THE CITY MANAGER November 1, 2021 The Honorable City Council Palo Alto, California Approval of Five-year Memorandum of Agreement with Stanford University regarding City’s Traffic Control Services during Athletic Events, Costing Each Party Roughly $8,000 per Athletic Event with Seven Expected Events Each Year Recommendation Staff recommends the City Council approve a Memorandum of Agreement (Attachment A) with the Board of Trustees of the Leland Stanford Junior University (Stanford) governing partial reimbursement for the City of Palo Alto’s traffic control expenditures during certain athletic events, consistent with historic practice. Background During each academic year, Stanford hosts a number of large events at Stanford Stadium, including home football games and other special athletic events. These events require the movement of large numbers of vehicles into and out of the stadium parking areas in a short period of time. Stanford and the City of Palo Alto (City) share a goal of moving traffic as safely and efficiently as possible to and from the stadium area while minimizing impacts to nearby vehicles, pedestrians, businesses and residents. To accomplish this shared goal, Stanford and the City have partnered for many years to share the costs of supplemental traffic control services needed to facilitate safe and efficient vehicle movements. Discussion The Memorandum of Agreement provided in Attachment A (Agreement) confirms Stanford and the City’s agreement that Stanford shall share in the City’s cost of providing additional traffic control services during large athletic events in compliance with section 53069.8 of the Government Code of the State of California. Section 53069.8 grants the City Council the authority to approve the Agreement. The Agreement restates Stanford and Palo Alto’s historic relationship sharing 50/50 in the cost of managing traffic control and will formalize and extend that relationship for a five-year term. The Agreement sets out conditions under which either party may terminate the Agreement prematurely. If the Agreement remains in effect until August 31, 2026, then Stanford and the 6 Packet Pg. 36 Page 2 City will have to execute a new agreement in order to continue their traffic management cost sharing relationship. Under this Agreement, the City agrees to provide services from Department of Public Works employees and uniformed peace officers to control traffic around Stanford Stadium during athletic events where Stanford requests such services. For each hour of traffic control services rendered by City employees other than peace officers providing services pursuant to this Agreement, Stanford shall pay the City half the hourly overtime rate of those employees. Compensation for one-half of the uniformed officers assigned overtime to provide additional traffic control services pursuant to this Agreement will be at cost to Stanford. Neither the City nor Stanford will be liable to each other for any special, consequential, indirect or incidental damages in connection with the Agreement. No late fees shall be charged. Resource Impact The primary cost to the City for events at Stanford Stadium is payroll. Most payroll costs will be overtime, with the exception of Reserve Police Officers, which will be straight time. In FY 2019, the average payroll cost per event was $16,000, the Police Department accounting for approximately 86% and the remaining 14% incurred by the Public Works Department. Stanford University reimburses 50% of this cost for each of the expected 7 events each year. Costs and the subsequent revenue are allocated from the General Fund for the Police Department and Public Works. ATTACHMENTS: • Attachment6.a: Stanford Athletics CoPA Traffic Control MOA (PDF) Department Head: Ed Shikada, City Manager 6 Packet Pg. 37 Page 3 6 Packet Pg. 38 MEMORANDUM OFAGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY This Memorandum of Agreement between Stanford University Athletics and the City of Palo Alto October 1, 2021 and is entered into between the City of Palo Alto Board of Trustees of the Leland Stanford Junior University (hereinafter RECITALS During each academic year, Stanford hosts a number of large events at Stanford Stadium, including home football games and other special athletic events. These events require the movement of large numbers of vehicles into and out of the stadium parking areas in a short period of time. Stanford and City share a goal of moving traffic as safely and efficiently as possible to and from the stadium area while minimizing impacts to other nearby vehicles, pedestrians, businesses and residents. To accomplish this shared goal, Stanford and City have partnered for many years to share the costs of supplemental traffic control services needed to facilitate safe and efficient vehicle movements. This Agreement confirms th additional traffic control services during large athletic events at Stanford in compliance with Section 53069.8 of the California Government Code. Now, therefore, the Parties enter into this Agreement for City to, in return for a consideration, provide Stanford with services as detailed herein. 1. EFFECTIVE DATE / TERM The term of this Agreement shall begin October 1, 2021, after approval by the Palo Alto City Council. It shall remain in effect until August 31, 2026, unless terminated by either party. 2. SERVICES CITY AGREES TO PERFORM City will provide services from Department of Public Works employees and uniformed peace ticketed football events and at other athletic events where Stanford Athletics requests such services (hereinafter . The schedule of games, hours for traffic control services, and number of employees providing services will be agreed upon by the Parties at the beginning of each academic year. Should either Party wish to change the schedule or the number of employees requested for any Athletics Event, it will do so at least 48 hours prior to the game at which Stanford anticipates a need for additional traffic control support. 3. COMPENSATION 3.1 Compensation for Supplemental Law Enforcement Services The Parties agree that one-half of the uniformed officers assigned to provide additional traffic control services during Athletics Events, calculated as described below, will be provided pursuant to this Agreement and at cost to Stanford. The City will assign the remaining officers at no cost to Stanford. Stanford will pay to City the hourly overtime rate for services rendered by one-half of the peace officers required to provide traffic control services pursuant to this Agreement, rounded up to the nearest whole officer. In other words, if 17 officers are required to meet the need, Stanford will pay the hourly overtime rate for nine officers. This rate will be calculated each year based on the actual costs of staffing overtime officers in these positions. The City, at its discretion, may assign additional peace officers to provide traffic control services during Athletic Events, as the Chief of Police deems necessary. 6.a Packet Pg. 39 3.2 Compensation for Services Provided by Other City Employees For each hour of traffic control services rendered by City employees other than peace officers pursuant to this Agreement, Stanford shall pay the City half the hourly overtime rate of those employees. 3.3 No Interest or Late Fees Stanford shall not be liable for interest or late charges for late payments. 4. LIABILITY OF STANFORD ATHLETICS AND CITY s payment obligations under this Agreement shall be limited to the payment provided for in Section 3 Stanford shall not be liable for any special consequential, indirect or incidental damages in connection with this Agreement. City shall not be liable to Stanford for any special consequential, indirect or incidental damages, including but not limited to lost profits in connection with this Agreement. 5. TERMINATION This Agreement may be terminated at any time in writing by the agreement of both Parties. In the alternative, this Agreement may be terminated upon thirty (30) days written notice by either Party to this Agreement. Within 30 days after the specified termination date, City shall submit to Stanford an itemized invoice detailing the unpaid costs incurred for the services rendered up to the date of termination. s payment obligation under this Section shall survive termination of this Agreement. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement and understanding between the Parties hereto with respect to the subject matter hereof, and supersedes any prior or contemporaneous written or oral understanding or agreement, and may be amended only by written amendment executed by the Parties to this Agreement. 7. SEVERABILITY If any term or provision of this Agreement shall be found illegal or unenforceable, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 8. NOTICE TO PARTIES All notices to be given by the Parties hereto shall be in writing and served by depositing the same in the United States Post Office as follows: NOTICE TO STANFORD: SITE/DEPARTMENT Office of the General Counsel HEAD OF SITE/DEPARTMENT Debra Zumwalt CONTACT PERSON c/o Lauren Schoenthaler STREET ADDRESS Building 170, 3d Floor CITY, STATE, ZIP Stanford, CA 94035 TELEPHONE 650-723-9611 EMAIL ADDRESS lks@stanford.edu NOTICE ALSO TO : 6.a Packet Pg. 40 Brian Talbott Executive Associate Athletics Director, CFO Stanford University btalbott@stanford.edu 650.723.8113 NOTICE TO THE CITY OF PALO ALTO: CITY OF PALO ALTO CITY DEPARTMENT Error! Reference source not found. CONTACT NAME Chief of Police STREET ADDRESS 275 Forest Avenue CITY, STATE, ZIP Palo Alto, CA, 94301 TELEPHONE 650-329-2406 EMAIL ADDRESS pd@cityofpaloalto.org NOTICE ALSO TO THE OFFICE OF THE CITY ATTORNEY: Office of the City Attorney 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2646 city.attorney@cityofpaloalto.org (Continued on next page.) 6.a Packet Pg. 41 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF the Parties hereto have executed this Agreement FOR CITY OF PALO ALTO APPROVED: BY: _______________________________ Ed Shikada City Manager REVIEWED: BY: _______________________________ Robert Jonsen Chief of Police APPROVED AS TO FORM: BY: ______________________________ Molly Stump City Attorney FOR BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY APPROVED: BY: __________________________________ Bernard Muir Director of Athletics, Stanford University APPROVED AS TO FORM: BY: Lauren K Schoenthaler /s/ Lauren Schoenthaler Senior University Counsel 6.a Packet Pg. 42