HomeMy WebLinkAboutStaff Report 13899
City of Palo Alto (ID # 13899)
City Council Staff Report
Meeting Date: 2/14/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
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 June 30, 2022 with an
Optional 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 (Attachment A) 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 (Agreement)
to extend the term to cover the period July 1, 2019 through June 30, 2022 with an
optional mutual extension of an additional 24 months.
Background
Beginning in 1993, the City and PAUSD staff met to discuss a possible partnership for
the maintenance and public use of PAUSD athletic 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 share
of the costs. 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 received from renting PAUSD
athletic fields and courts is shared between both parties with the City retaining 60%
and PAUSD retaining 40% of revenue.
City of Palo Alto Page 2
The Agreement 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 brokers 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.
Discussion
In the fall of 2019, City and PAUSD staff met to discuss renewing the Agreement
(Amendment No. 1). City and PAUSD staff agreed to extend the Agreement through
December 31, 2021 with a mutual option for an extension through Dec. 31. 2023. On
December 9, 2019, City Council approved the extension of the Agreement (Amendment
No. 2). City staff later learned that PAUSD staff did not bring the Agreement to the
PAUSD Board for approval. Both the City and PAUSD have honored the terms of the
Agreement (Amendment No. 2).
PAUSD staff have agreed to update Amendment No. 2 to extend the term to cover the
period July 1, 2019 through June 30, 2022 with an optional mutual extension of an
additional 24 months. PAUSD staff will bring the Amendment No. 2 to the PAUSD Board
for their approval on February 8, 2022.
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.
City of Palo Alto Page 3
If City Council approves Amendment No. 2 of the Agreement, staff will collaborate with
PAUSD and return to City Council in June 2022 with a recommendation to extend the
Agreement.
Timeline
The attached amendment will extend the existing agreement to June 30, 2022 (with a
mutual option to extend for an additional two years through June 30, 2024). Staff will
return to City Council with a recommendation to extend the Agreement in June 2022.
Policy Implications
There are no policy implications from this contract amendment.
Resource Impact
Amendment No. 2 extends the terms of the existing agreement for six months
(December 31, 2021 to June 30, 2022). The annual maintenance cost is approximately
$1.0M and the costs are split equally between the City and PAUSD. The revenue
remains shared at 60% to the City and 40% to PAUSD. The total shared revenue in
calendar year 2020 was approximately $18,000. For calendar year 2021, the shared
revenue is estimated to be approximately $45,000. For calendar year 2022, the shared
revenue is estimated to be approximately $50,000.
The amendment maintains the level and scope of services and cost share of actual
expenses as established in the original contract. The only financial impacts to the City
from this action are the result of updated labor costs for continuing these services,
which were included in the FY 2022 Adopted 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 multiple times to discuss the agreement and have a mutual
interest in continuing this partnership.
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: City PAUSD Athletic Field Agreement, Second Amendment
Page 1 of 5
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 February ____, 2022, 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. The Contract was amended in June 2018.
B. The Parties intend to extend the Contract to cover the period July 1, 2019
through June 30, 2022 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.
Page 2 of 5
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 Second Amendment will commence on July
1, 2019, and end on June 30, 2022, 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 Actual costs shall be shared in the ratio of 50:50 between the CITY
and the DISTRICT for the costs of Maintenance and water (plus equipment
costs and salary and benefits costs, as appropriate) for the Facilities. City
shall provide District with estimated maintenance costs on a quarterly basis
to aide with allocation of funds.
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.
Page 3 of 5
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
Page 4 of 5
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
Athletic Field Rentals** 2021-2022
Baseball Fields $9.00 - 163.00/hr.*
Soccer Fields $9.00 - 163.00/hr.*
Softball Fields $9.00 – 163.00/hr.*
Lights $30.00/use
(Rates for 2023 and beyond to be determined by the City’s Municipal Fee Schedule)
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*
Tennis Court Rentals (2021-2022)**
Tennis Tournament Court Use Fee $7.00 – 9/hr./court*
(Rates for 2023 and beyond to be determined by the City’s Municipal Fee Schedule)
* 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.
Page 5 of 5
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