HomeMy WebLinkAbout0442.095:
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FROM:
City of Palo Alto
City lVlanager's Report ---
HONORABLE CIn' COUNCIL
CIn'MANAGER DEPARIMENT: Commoniiy Services
AGENDA DATE: Otlober 16, 1995 CMIt! 442:95
SUBJECT:
RromM
Approval of Agreement between Ibe City of Pal. Allo and Ibe Palo
A110 Unified SdIooi DistrlcI for Mailltenance of Palo Alto Unified
School District Athletic Fields and Tennis Courts
This report requestS !hat CooncQ approve the attached agreement, commencing 1an""'Y \, 1996 and
ending on June 30,1997, between tile Gl)' and the Palo Alto Unifi<d Scbool District (p AlISD). This
partnered agreement provides that the City assumes athletic field and tennis court malDlenance
activities at certain District sites.. Funding b' implementation of this agreement is included in the
199:5-96 badge!.
BWlMMENVATIONS
Staff reccmmends!hat the Co.mci! appro,", an~ authoriz.e the Mayor \0 sign, the attached agreement
(Attachment I) betweeD the City and PAUSD for City assumption of maioten"""" of 20 >ere< of
atl1)etic fields. and maintenance services foe 25 tennis coons belonging 10 the Paro Alto UnifJe<l
School District. Costs foe implementation of this agreement are 10 be shared equally_
POUCY IMPLICATIONS
APProval of this proposed agreement, staffing and equipment funding plans are consistent with
recent Council direction for the Ci.ry \0 "-'SUme responsibility for a\hktic field and tennis court
mainlelW1Ce at "AUsn fooilities.
E,XECUTIYE SUMMARY
As part of the 1995-96 budget, Coonc~ approve<! ~J!lc!ing foe. cooperative agreement between Ill.
Cay and PAUSD foc City s<aff \0 assume >thleti<: field reoovation aod maintenance at Jane Lathrop
Stanfocd (JLSJ, Jordan, and Walter Hays Elementary school sites (20 acres), as wen as malnte~
of 25 !ennis courts at GmlIl. Palo Alto, lIS, and fordan schools lCMR:202:9S~ The Frnaoc<
Commj"tlee unanimously approved the staffing recommendation associated ,,'lth this partrJership
agreement during the September 12,1995 meeting of the Committe<.
Upoo approval of!be 1995-96 budget, staff proceedOO with the development of the PAUSD fields
maintenance program. Staff is preparing eqlJiprneni specifiCations.. and supply and material needs.
Staff has prepared a wriueB agreement ~ authorize implementation 0{ this program and DOW
,eque51s "PP'O"a1 of the attacbed agreement The Scbool Beard will be acting on this agreement at
its Oc'.ober 17, 1995 meedng_
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The tey elements of !be agmoment include !be foIIow'dlg:
. This agmomenl will Co== 00 Janu&}' I, i 996 and end Iune 30, :997. Fu.-tller .. ork
relate<! \(l this _me.t will be dependeot upon exploration and >eeurlng of future funcfmg
alternatives for both capital and maiDtenance .... ock.
_" This agreement provides foe mainlf'-nance and maintenance equipment on1y_ Capital
improvements. suelt as irrigation replacement., are!K)( funded at this time. Staff is walting for
poliq' decisions on future funding options.
• This agmoment applies to athletic field mainteo= onl~ at iLS, lordan. and Walter Hay.
school sites; and tennis court mrUotenance at Gunn. P.a1o Alto, n..s, iIi.'1d Jordan schocH' sites.
The estimated = of servic<s wiU be $370, 000 annually; !be District and !be CilJl will sbare
the costs equally. Excess costs wiI) reQ,llire a writteB agreement from both parties prioc 10
expenditure.
• In lieu of billi-"S and payment procedur<<, !be City will credit its c",ts against the meothl)'
payments due !be District under Ille "Le .... and Covenanl not 10 Develop."
• The District will have priority DSe 0( facilities betwees the hours of S;{'() a. m. and 4;00 p.m.+
The C>Iy.,..;.n bave OS< priority after 4:00 p.m. 00 scbeduled school days and .. all other times.
• The Cit}' wiD continue 10 administer public uSC' reservations of facilities in accordar.ce 'ifjtb the
City's wrilteR =ations and usc priority policy. All fee. collected on facilities included in
Ibis agreemenI (e.cept!be youtl! field user fees~ ,.ilI be equally shared by !be Distr'.cl and the
City.
FISCAl, IMPACT
Funding for this JlIl'-sram has been l>odgete<! and appro,-.d in !be fiscal year 1995-% J>-,rts [)i,i.ioo
Budget in the major <teti',,-ity, Athletic Fields.. The annual costs (.If maintenance and water klr me
facilities are <S1lmmd at oppromr.ately S31O,OOO. The District wi!! pay ooc-balf the City's oct.;al
costs. Instead of billing and paymen' procedures, the City WIll credi' ooe·half of its """Jal costs
incurred against any and an mootl1ly lease pa)ments due and payable by the City under its lease
agree~ru with the District entitled ""Lease and Covenant Not k) Develop."
EN\1RONMFNfAL AssRSSMENT
This project is e.empt from Ille p~ of the California Eovlroomental QualilJl Act (CEQA)
pursuant lG Se<;tion 15301 (fulstiog Facili:ie;) of the CEQ'" Guideline,,-Therefore, 00
environmental assessment is required.
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AlTACHMENTS
1. J.ueement between \be City of Palo Alto and \be F-,do Alto tlnifi.e~ School District
2. Related CMRs: CMR:202:9S
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PAUL THILTGEN
City Manager Approval:
Pace] atJ
AGnDurr Br.'WUII TIll! CITY 01" PALO ALro AIIII>
!'lIB PALO ALTO tJlfIPrm> SCBOOr. DISTRICT or !WI'l'A
C'L&aA C01llIITT COIiCElUTING '1'HII IUJBTEXAlll'CK 01"
ClIlt'rlUlr DlSTIUCT-0IfIIIm A'l'lI!.BT IC PULDS AIIII>
'I'IDIIIIS cotnlTS JOnrn.1' USBD BY SCBOOL STODZliTS
AIIII> TIll! GIDIKIt&L PUBLIC
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This Agreement 1s ent:.ered into this _ day of
l.SlSS4' by and between City of Palo Alto# a chartered city and a
municipal corporation organized and existing cnder the Laws of the
State of california ('city') and the Palo Alto Unified School
District. of santa Clara C'OUn·ty r a unified school dist.rict organized
and existing under the Laws of the State of California. the owner
of the Facilities '-District-).
RBCU'ALS.
WH.ER..EAS# Section 10900 e.t. .a.eQ'~ of the California
Edu-cation Code authorizes public authorities {e ~g ~ # cities. and
school districtsJ to organize ... promote and conduct programs of
community recreation. establish systems of p1aygrounds and
recreation. and aoquire# conseru~t# improve, maintain and operate
recreation c.e.n,ters within or without the t-er:ritoria~ limits 'Of such
public authorities: and
~# Section 10905 of the California Education Code
authol='izes public authorities. to enter into agreemen·ts "'Wit.h each
ocher for the maintenance of recreation ~enterB; and
WHEREAS. Section 1.0910 of the California Education Code -
prOYides tba~ the governing body of any school district may use or
grant the use of any ~rounds of tbe school district to any other
public authority for the organizing~ promoting and conducting of
caTIlU.lnity recreat.ion whenever s~h use will not. in·terfere with the
use of those facilit.ies for any other purpose of the public echoo~
system; and
WHBREAS~ the parties have jointly ke~ open for scbool
student and general pUblic use in Palo Alto tbe athletic fields and
tennis courts at J.L. Stanford and Jordan ~iddle schools and the
athletic cour~s at Walter Hays elementary school. and they desire
to continue arrangements for their common use; and
WHEREAS, the parties are interested in entering into a
long-term.... joint fUDding arrangement under which the City Yill
undertake the maintenance of the athletic field areas and tennis
court areas of the one elementary school and the two middle schools
and the tennis court areas of Cwo high schools to enhance their
usability by school students and the general public.. and the
District ~~ll make such areas available to the qeneral public at
reasonable times When such areas are not being used exclusively for
school purposes;
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NOV~ THBREPORB I in consideration o~ the Provisions of
this Agreeme:at. the parties agree:
SSC$'ION 1. PEfINITIQNS
The terms used in this Agreement will have the meanings
set forth below, unless the context clearly indicates ~herwisea
1.1 'Agreement' means this 'AGRESMEN'l' BETWEEN THE CITY OF
PALO ~ro AND THE PALO ALTO UNIFIED SCHOOL DISTRICT OF SANTA CLARA
COUNTY CONCERlilNG THE MAINTENANCE OF CERTAIN DISTRICT-OWNED
ATHL2TIC paLOS AN!:' TENNIS COURTS JOIN'l'LY OSED BY SCHOOL STOD&NTS
AND 'l'H2 GENERAL POBLI C' _
1.2 -Board! of Bdu'Cation-means the Board of Educa.tion of
the District.
1. ]: -Business Manager-means the Bus iness Manager of the
District. including any autborize6 representative.
1.4. -Capital Improvement"" means any IIrprovement which has
a standalone cost exceeding $25,000. or Which has a useful life of l
or whose useful life can be extended r at least five to seven years,
or which bas a useful life of at least five to seven years after it
is capable ~f providing a new functional use.
1.5 -City Manager-means the city manager of the City ..
including any authorized representative.
1~6 -Council-means the city council of the City~
1.7 "COUrt"" (collectively .. "Courts-) means any ODe of the
t.ennis court areas depict.ed in Exhibits ·A'II ~ "a·. ·D" and ~E" ..
1.8 "Director" means t.he Director of Coomunity Services
of the City .. including any authorized representative.
1.9, "Facilities" mean the Courts and .Fields, the
dimensioos of which for reference purposes are ~Jtlioe~ below:
S<:hqql Site
J.L. Stanford
Jordan
Walter Hays
Palo Alto
GUnn
10_45
6.68
2_71
0.00
0_00
acres
acres
acres
acres
acres
CQurts
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5
0
7
6
8Jrhibit
'A'
'B'
'C"
<D'
'E"
1.10 'Field" (collectively. "Fields") means anyone of
the athletic field areas depicted in Exhibits --A" .. wB" and .c".
1.11 ·Improvemen-t" means any physical
alteration. or betterment to t.be Facilities.
addition ..
1..12 "Law" (collectively .. "Laws") means any code. statute ..
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constitution.. ordinance.. resolution, regulation.. rule, judicial
decision.. administrative order, or other requirerr~nt of any
rnun.!cipal, county. state. federal .. or other gm"errureotal agency or
authority having jurisdi~tloQ over th~ parties or the Schools. in
effect at the time of execution of the Agreement or at any time
d~rtog the term hereof. including. without limitation.. any
regulation or order or an official entity or body.
1.13 "Provision" {collectively. ·Provisions") means any
agreement .. clause, condition .. covenant, qualification .. recital.
restriction.. reservation, term, or otber stipulation ].n this
Agreement that defines or otherwise controls" establishes, or
limite tbe performance required or p.t;:ormit-ted by any party to this
Agreement. All Provisions .. whether covenants or conditions .. which
are applicable to the District .. vill be deemed to be both covenants
and coodi t ions.
1.1' "School· {collectively, ·Schools'" means any ODe of
the following schools~ J.L. Stanford middle sebcol; uordan mdddle
school; walter Rays elementary school; Palo Alto bigh school; Gunn
high SChool.
~ .. 15 ·SUperintendene means t.he Superinteooer.t of schools
for the District. including any authorized r~presentative.
SECTION 2 _ TA8H AND TERMINATION
2.1 The te~ of this Agreement wi11 be for an eighteen
moo-to period., cocmnencing at 6:0() a.m. on January 1 .. 1996, and
expiring at ·ad.dnisbt on June 30. 1997. subject. t.o the earlier
termination of t.his Agreement by any party h'!reto upon ninet:t {90)
days" advance writt.en notice. The preceding sentence not.
vithstanding. tbis Agreemen~ is subject to the fiscal provisions of
the Charter of the City and ot.her Laws of t.he -city and the
Diserict, and this Agreement will teruUnate ~thout any penalty {a)
at the end of any fiscal year in the event that funds are not
appropriated by the Councilor Board of Education for t.he fo11oving
fiscal year~ or (b} at any time vithin a fiscal year in the event
that funds are not appropriated by the Councilor Boara o-f
Education for a po.rtion .of the fiscal year and funds for t.his
Agreement are no longer available. T"ne City or District will use
reasonable efforts to give the other party reasonable ~ice of
tenr.ination in the event that funds "ifi11 not be appropriated. No
proviSion is made for the automatic extension or renewal of the
term.
2.2 It the District fails to install or construct any
Improvement which is deemed reasonably necessary by t.he City to
adequately perform its maintenance obligations under chis
Agreement. the City may ter.minate this Agreement upon ninety (90J
days' advance written n~ice to the DisLrict. For the purposes
hereof, the Director ~ay give notice to the Business Manager.
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SECTION 3 ~ Pi;RFOBMANCS OF MAUtrpm'SCB ex THR CIn
1.1 As soon as practicable after the commencement date
of this Aqreement, the authorized rapresentatives of the parties
will meet-with each other at a mutually accept:able location to
identify the Facilities and discuss and coordinate the times and
manner in vhich the orderly transition of the maintenan~e
ObligatiOQS vill be effected~ The authorized representatives shall
mEet regul~rly to review the maintenance schedule for the
Facilities. They vill meet n~ less than on~e a year to discuss
the USe and maintenance of the Facilities.
3~2 Commencing on January I, 1996, or thereafter, as
practicable, the City viII 8OW, trim, fertilize, and irrigate, and
perfo~ ~her maintenance work of a general nature at tbe Fields at
t.he frequencies and times in accordance with tbe field maintenance
standards adopted by the City for its own distx'ict and neigbborbood
parks and public recreation areas. The Obligation of the City to
perform Field maintenance work is conditioned upon the functional
condition and operation of tha inf"rastru-ct.ure of the FieldS,
(neluding, without limitation l the underground yater irrigation
system~ at the ~ime such maintenance ~rk is to commence. This
obligation vill not extend to or inclooe the installation or
CQDBt:ru-ction o·f any capital llt'Iprovement~
3.3 -Commencing on January 11 1996. ... or thereaft.er,. as
practicable... the City ~ll wash and air-blow the surfaces of the
CQUIts l repair or replace, as reasonably necessary, the tennis nets
~ screens 1 and perform other maintenance work of a general natux2
at the C~rts at ~he frequencies and times in accordance w1th the
court naintenance standards adopted by the City for its own tennis
court. facilities.. The obligation of the City to mai.ntain tbe
COurts will not extend to or include the resurfacing and restrip1ng
of the Courts. which will be deemed work perfor.med in connection
vith tbe installation or construction of a Capital Improvement.
3.. In perfOrming its maint~nance obligations. the City
will use its best efforts to prevent interference with the
District.'s '!.lse of the FaCilities d·uring regular school hours. The
City shall publish a mainter~e schedule six months in advance of
any planned maintenance activity and make that schedule known to
the Business Manager for dissemination to the Schools involved.
This schedule will be adhered to by the Schools and no school
activities will be planned which would interfere with these
maintenance activitieB~ ~l maintenance activities will be
performed between the hours of 6:00 a.m. and .(:00 p.m. on any day.
The -city will coordinate its scbeduled maiDtenan~e activities with
the District·s academic calendar for each of the SChools. The
Business Manager and the Director viII coordinate on the behalf of
the parties. Maintenaoce work viII be scbeduled so as to be for a
If.axi.mum of one day at a time.
3.5 In t.he eve.nt of an emergency. iIlCludi09, without.
limdtatioo. earthquakes. fires l flooding, or ~her events of force
majeure, the City may perform non· scheduled maintEnance at any of
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the Facilities without prior notification to the District.. The
Cit',. viii give not.ice of any action it l"..a.s tMen in the event of an
emergeney vi thin a reasonable time. In such event$ the City will
use its best efforts t.o provide the access to the affected
Facilities for the District.
3.6 With the exception of safety coocerns$ any con~ern
of the District about th"9 genera.l. ma.intenan-ce or use of the
Facilities vill be COC'!1IUnicatsd to t.he Director by the Business
Manager.
3. '1 In llOOert.aking the necessary turf and grounds
maintenance renovations if scheduled six months in advance, the
City ~y ~~rtail and preempt the District's use of up to one-half
of any Field up to four C,l) times during the academic year for any
single period not. excee;d.ing eight {S) consecutive veeJts in
duration ..
SSC7IQN :I.. PERFOpMB,NCii: op MATNTgNANCK BY TItS DISTRICT
".1 Any areas of the Facilities and all other areas of
t.he Schoo-Is, including, without limitation .. the turf, grounGs,
landscaped areas~ buildings, parking lots... fences, sidewalks, and
trees, net expressly identified. in t.he exhibits. or in this
Agreenent as areas to be .maintained by the City rill be maintained
or ~ause to be'~intained by the Oistri~~, at its sole cost and
expense ... in accordance with Pis~rict standards~
4.2 Notwithstanding any provision of this Agreement to
the contrary .. the DistE"ict, at its sole cost and expense, viii
provide or cause to be provided special preparation and maintenance
services with respect to any of thE Facilitie.s to be used in
cooneccioo with special events or other similar functions st-aged by
the District. .. including ... vithou.t limitat-ion ... graduatioc ceremonies ..
athletic events ... tennis tournaments ... and other inter-scholastic
activities.
4..3 The District .. at its sole cost and expense .. -will
continuously provide ger~ices in connection with the removal of
garbage... refuse ... debris, rubbish, litter and. other solid waste
which have accumulated at the Facilities.
~.4 At all times during the te~ of this Agreement, tha
District Yill t.iIl.l:ely not.ify t.be City of any condition of the
Facilities and all other areas of t.he Schools .. of which it has
actual or constructive knowledge, which may cODstitute or present
a danger or threat to person or property. The tender ~f su~h
tLmely notice sha11 ~ ~ompr~~se any Provision of indemnification
set forth in Section 8.
SECTION 5. pAYMRH7 OF COOTS OF rg"INTEN!NCB
5.1 The allocable annual costs of maintenance and water
tor the Facilities are estimated by the City at approximately three
hundred seventy thousand dollars 1$370,0001_ The Pistrict viII pay
s
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one-half of the Ci~Y's actual costs l not to exceed $185,000. unless
a different amount is agreed to. Bub~equently. in writing. by the
City and District.
5.2 In lieu of billing and payment procedures to be
adopted by the parties under this Agreement. the parties agree that
tbe City -will credit one-half of its actual costs in'Curred in
perfocmiog its ~int~~e obligations under this Agreement against
any and all monthly lease pal'1""0ta due and payable by the City
under its lease agreement ~th the District entitled "Lease and
Covenant Not. to Develop· ..
SEL:rIQN rio TNST&I.1,UION OR CQNSTEtJCTION OF IMpROVBMANTS
641 In oooemergency situ~tions. the City will not
i.ostall .or const.ruct, or cause to be installed or coostructed. any
Improvement at any of the Facilitiee without the express written
approval of the Superintendent. To the extent an :lD:t'rovement which
is deemed ~y the City to be reasonably necessary to adequately
perfor.m its maintenance ObligatiooB hereunder cann~ be installed
or constructed or .cause to be installed or constructed by t.he
Oistrict~ the City may undertake such installation or CODstructioo
at the written request of tbe District. Any Improvement installed
or constructed by the City will be deemed the property of the
District.
0.2 The installation or coostruction of an Improvement
in the event -of an emergency :may be conducted by t.he City in
accordance with the provIsions of Section 3.5.
SECTION 1. QSNjR OF FACILITIES
7.1 In att~ing to ~ze the use of the Facilities
by school students and the ~eneral public. the Director and the
Business Manager may joi~ly a~ and promulgate and amend written
rules aDd regulations governing the use of the Facilities.
1.2 The District ~ll have use priority of the
Facilities between the "hours of 8:00 a.m. and 4:00 p~m~ on
scbeduled school daye. Use priority viII be extende~ to inter·
scholastic activities occurring at t.he Facilities until the
oarnple~ion of those scheduled activities. even if su~h activities
are completed after 4:00 p.m~ This priority will apply Mondays
through Pridays of each week from September to mid~June of each
acadendc year and Saturdays for the duration of any regularly
scheduled inter-scholastic competition, provided... however~ DO
priority will be extended t.o practice sessions for such
competition.
7.3 Tbp. City will have use priority of the Facilities
after 4:00 p.m. 00 scheduled school days and at all other times.
including weekends., holidays and summer vacation periods_
Exc~ions to this use priority schedule may be agreed upon.. in
vriting~ by ~he Director and the Business Manager. ~~e City will
cooperate with the District in any ~4nner which will afford the
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District an adec:zuate opportuuity to use the SChools for :its
activities, programs and other needs.
7.4 '~e City w111 a~~nister public use reeervatioos of
the Facilities in accordance ~th the City's ~itten reservations
and use priority p~licy~ vbich vill be provided to the Pistrict.
Tbe City ~li be solely responsible for determining the parameters
of the use priority system, as vell as rental or user fees to be
charged to members -of the general public, iocluding individuals and
organized grou~, for the use of the Facilities during su~h times
as the City may exercise use priority over the Facilities. Such
fees vill conform to the Laws governing school srounds and those
which are applicable to the City's p,roperty. All fees for the use
of the Facilities covered by this Agreement (excepting the youth
field user fees 'Which will be wholly retained by the City)
collecteo. by the City Yill be equally sbareo., and Yill be accounted
for in a manner as may be mutually acce~able to the parties.
7 ~ 5 Any person who leases a School building of the
District. will be entit1.ed .. upon submission of i1!. written request to
the City, t-o use the Facilities in order to meet any special
recreational needs. A:ny su-ch request may be granted by the
Oirector provided reasonable prior written n~ice of such need is
given aDd the Director reasonably determiDes that such use yill ~
unreasonably in,terfere with scheduled publ ic recreational
activities.
SECjIQN 8. INDp.MNIFICAIION
8.1 Th~ City vill defend, indemnify and hold ha~ess
the District, its officers~ employees and agents from any and all
<:laims or causes of action for d.eath or injur-.t to persons .... or
damage t.o or loss <"f property.:
8.1.1 Accruing on or after January 1, 1996. and
arising in connection ~th the negligent maintenance of the
Facilities which the City is Obligated to maintain or elects
to. maintain in emergency situatiOils u..'"'}der this Agreau.-.ent,.
exce~ing those claims or causes of action which may ~rise in
connectio~ with or as a result of the physical condition of
the Facilities existing at the commencement o£ the term of
this Agreemen,t, of which the City has no actual knowledge; and
8.1.2 Arisins in connection 'With the negligent or
inadequate supervision of any community recreation activity
eondu~ted or organized by the City at the Facilities,
exce~ing those claims or causes of action vbicb may arise in
connection ~th or as a result of the sole negligen~e of the
District~ its officers, employees or agents.
8~2 The District yill defend,. indemnify and hold
harw~ess the City~ its Coun~il members. office~&4 employees. and
agents from any and all claims or causes of ac~ion tor death or
ibjury to persons. or damage to 'Or loss of property:
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8.2.1 Arising in connection with the physical
condition of the Facilities existing at the commencement of
the term of this Agreement or the obligation of the District
to maintain ~he Facilities as required under Section ti and
e .2.2 Arising in connection with the negligent or
inadequ~te supervision of any educational or recreational
act.ivities condu.cted or orga...~!zed by the District at the
Facilities, exce~ing thoge claims or causes of action which
may arise in connection with or as a result of the sole
negligence of the City, its Coun~il membezs~ ofticers~
employees, or agents~
SiCTION 9 .. INSURANCE
9.1 The District, at its sole cost and expense~ ~ll
obtain and maintain .. i.n full ferce and effect .... during th~ t.erm of
this Agreement, commercial general liability insurac~e coverage
described in Exhibit "p>" ~ in the amount of one million dollars
($l~OOO~OCO)~ insuring the parties, and their officers~ employees i
and agents~ and each of them, with respect to the District Fa
participation aod~the services performed by tbe District under the
p=rovisions of this Agreemen·t. Concurrently with the execution of
t.hIs Agreemeo,t~ a certificate of iilst:.rance yill be filed. with the
City's risk manager~ and will contain the endorsements which state
that the District ~ll insure the parties, and each of them~ for
any claims or liability arising from tbe District's participation
and services per.formed hereunder... and 'Will not be canceled or
altered by the insurer exce~ after the filing with the City Clerk
thirty {30} days prior written ~ice of cancellation or
alterat!oa~ and that the City is named as an additional insured
under such policies ~"eqllired abOve or concerning tbe Oistrict"s
performance or lack of performance under this Agreement.
9.2 The City~ at it"; sole cost and expense~ viII obtain
and ma.:tn.tain~ in full .force and effect, during the term of this
Agreement. its self-insurance program for general liability
insurance COVErage described in Exhibit -G" ~ in tbe amount of one
millioc. dollars ($1,,000,0'00) ~ insuring the parties., and their
officers·, employees~ and agents~ and each of them, with respect to
the City's participation and the services performed by the City
under the provisions of this Agreement. A ~ertificate of insurance
will be filed vith the District's risk manager~ and will contain
the endorsements which state that the City will insure the parties i
and each of them..-for any claims or liability ariSing from the
City~s participation and services performed hereunder, and will n~
be canceled or altered by the insurer except after tbe filing with
t.he Superintenden,t t.hirty (301 days prior written notice of
cancellation or alteratioo, and that the District is named as an
additional insured under the City~s self-insurance program.
SECTION lQ. NOTICBS
10.1 All notices~ demands. requests, oonsents, approvals.
Qr other communications required to be given will be in writing and
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: may be delivered personally, or sent by the United States mail.
postage prepaid by certified mail. or by private express delivery
service. or by tacsimile transudssion, to the addresses set forth
belcw or to any other address as may be noticed by a party:
CI'N
Copy to:
DISTRICT
City Clerk
Attn: Rea1 Estate Division
City of Pale> lUto
250 Hamilton Avenue
Palo Alto, CA 94301
FAll: 323 -1741
Director of community Services Oe~.
City of Palo ~to
250 Hamilton Avenue
palo Alto, CA 94301
FAX: ~96-5916
Palo Alto Unified School District
Attn: BUsiness Manager
25 Churchill Avenue
Palo Alto. CA 94306
FAX: (415) 33-3803
SECTIQN 1 J ~ MIsce; trLANEQ(JS PROY! S IONS
11.1 Time is of the essence. For the purposes of this
Agreemen,t .. all times of the day are determined accordi:.::;; to Pacific
Time_
1~ . .2 No party will be deemed in default on account of any
delay or failure to perform its Obligations UDder this Agreement~
where ~he delay or failure is the direct result of an event of
force majeure. For the purposes -of -this Agreemen,t~ the term -force
majeure-will mean an event which is not. within the reaaonable
control of a party claiming the existence of such event.
11.3 No party will discriminate in the employment of
persons engaged in the performance of this Agreement 00 account of
age, race ... color~ religion, national origin.~ ancestry,. sexual
preference .. gender ... or disability .. in violation of any Law.
11.4 The waiver by a party Q.f any breach or violation of
any provision of this Agreement O~ of any provision of Law will ~
be deemed to be a waiver of any ocher provision of this Agreement
or Law.
11.S Any disputes regarding this Agreement vill be
resolved according to the Laws of the State of California. Any
lega1 proceeding will be instituted in tbe courts of the State of
california and County of santa Clara, irrespective of any claLm of
diversit.y of cit.i.z.enship or other possible jurisdictional
condit!"". _
11..6 The prevailing party in ;~ny a.ction brought t.o
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enforce the provisions of this Agreement or arising out of this
Agree .. nent. lhay reC(r'.rer its reasonable costs and attorneys 1 fees
expeD6ed in connection with ~~ch an action from the other party.
11.1 All exhibits referred to in this Agreement and any
addenda 6 appendices~ attachments; and schedules Which, from time to
time, "!flay be referred to in any duly executed amendme.nt hereto a.re
by such reference incorporated in this Agreement and will be deemed
to be part of thiB Agreement 4
'11.8 This Agreement constitutes the entire agreement
between the parties concerning its subjecc matter, and there are DO
~her ora1 or written agreements between the parties not
incorporated In this Agreement.
11 .. 9 This Agreement will not: be construed as nor deemed
to be an agreement tor the beoefit of any third party or parties~
and no third party oc parties will have any right of action herein
for any cause whatever •
.11.10 This Agree:nent :nay be amended only by a "'ritten
instrument signed by bot.h parties. The City Manager is duly
authorized to negotiate and execute any amendment to t.his
A9reement~
. 11..11 Any agreement. covenant., condition... clauser
qualificatioo, ~e~ ... or ~her stipulatioc in this Agreement will
define or ~herwi8e cootrol. estab1isb, or limit the performance
required of or permitted by any party~ All proviSions of this
Agreement l whet.her covenants or conditions ... will be deemed bot.h
covenants arid cooditioos~
IN WITNESS WHEREOF ... the parties by their duly appointed
representatives have exeC\lt~ this Agreement on the dat.e first
above stated.
CIT'{ <JF PALO ALTO
Mayor
A'l'TI1ST:
City Clerk
'u>PROVED J>.S TO rom,
Senior Asst. City Attorney
10
PALO ALTO UNIFIED SCHOOL
DISTRlcr
Chairperson af the Board
ATTEST:
APPROVED:
Business Manager
/1
Assistant City Maoag~r
Director of ~runity Svcs.
Deputy City Manager r
Admdnistrative Services
Risk Manager
Manager. Real property
S>chibit "A':
Rxhibit "B",
Rxhibit "C':
Exhibit "0"',
Exhibit "2",
Rxhibi t "F",
Exhibit "G",
J.L. Stanford roiddle school site ~p
Jordan middle school site map
Wa.l ter Hays elementary school site map
Palo ~to high school site map
Gunn high school site ~ap
Insurance Requirements for the District
Insuran~e Requirements for the Ci~y
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f,;:c:,:~~~--..... ".~~·· :";'.-0.", '.'"', ':L __ "::'~·,.!;.~~
(D" f ~ M @City ~fPRaIO Alto
..,,~ City anager s. eport
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ro. HONORABLE CITY COUNCIL
AlTENnON: FINANCE COMMJTIT.E
FROM: CITY MANAGER DEPARTMENT: Community Servic ..
DATE: April 18,1995 CMR:202:9S
SUBJECT: Palo Alto Vallied School Diotrict.'CiIy of Palo Alto loiot LaDchcJ.pe
MAintCllJlnce
REOUEST
The City Ccl<mc:il ~quested sa1f '" investigate a par1nerShip with the Palo Alto Unified
School District (PAUSD) for improviDg the maintenance of PAUSD athletic fields. A
proposal is being presented as a budget :.sue. and any decision would come as part of the
fina1 budget decision.
RECO~ATlONS
SIaff =' .,'" "'!Is Ihat CounciIIIJ'IX'O'" in C<>!ICqJ(. the partnership with P AUSD. AIcboogh
City and PAUSD stalfha\le fomwIatcd the malo poinIs of ID agreement. no fonnaI """tract
document Iw beeB prepared for approval. and DO Jegal review of the agr=neD! bas
occ~ As deta1.'l,:d in the llltacbed rq>ort. the City will assume responsibility for
maintenanu of \be DisIrict's athletic IitIch It two middle scbools and one e1emen1llry school.
in 1995·96 (expenses are iDcluded ill the Proposed Budget) IDd 19%-97 with costs '" be
reimbursed 50 percent by the Scl100I Distri<:t. Prior to the third year of the proposal, in
whicb City maiDteDanc<: of remaining non-rugh school sites is assumed, other funding
5OUrC<:S will have 10 be pursued.
POLICY IMPUCA TlONS
The proposed partn<nhip does no! represent any cbaDge 10 existing City policies. Assistance
and support 10 PAUSD. and provisioo of weIl·maintained park and athletic field spaces for
the community are goals of the City Council
EXECVTJyE SUMMARY
ID November of 1993. City staff and PAUSD representatives me! to begin the process of
czeatilI8 ~ partncr.;hip for imprO\'lng the maint=mce of P A USD athletic fields. The initial
phase of!his study iDcluded a complete inventory of all PAUSD facilities. Staff ev1IIuated
all site conditioos and iDfrastruc!ure, a detailed review of community use patterns, IDd •
Paj'C t d.
..... ',-
study of lite Dislrict', ~et, S1atI', and ,.,0& distnbutioo f<JWl>e landscape maintenance
prognm.~. V
F<>llowiDB Ibis aaalysis, it was CXXI(;ll.Ided that:
• School field:; are used heavily by the community.
• PAUSD C8IIDOI offord 10 m!ljnlpjn III fields in I condibon comparable k> City
Parb 01 suillble fur intense athletic 11Se.
• The field inhstructure is old and deterioraIec! and needs k> be replaced. A
~capital improvemeotprogiam is ~ k> bring the fields back.
• The bulk of the PAUSD>s lan4seapc openIing budget is spent on the high
scbooIs' facilities.
• With the complexity of the ir.dividual school', eduutional program. any
",oposed maimen-.e pIl1D<:rship would be IimiIe4 k> elemental)' and middle
school aIhIetic fields only.
• Due 10 timi1aIions of stbooI funding. the <>DIy viable alternative fur improving
schoo! aIhIetic fields is Ihrough • partDcrShip with the City.
Based on tbesC cooclusioas; staff analyzed various Ipproacbe. 10 tlUs partnership.
• The City provide funding fur the School District 10 improve their fields.
t Partial IS9nnptim of respoua"bili.ty by the City at the most heavily-used
<:emmunity sites.
t Complete assumption of mainteoan« of a1hletic fields at the middle school
and elemcnesry school sit •• by the City.
In considering these cptions, it was decided that the most eff~ve approach would be fur
!he City to assume full mainl<:Jlanee of DOD high school 11hletic fields on a phased basis.
This would be accomplished in • partnersbip with the school clJstrict 00 I fifty-fifty cost
slwing basi. fo< bodJ maintenance and capiral improvements.
FISCAL IMPACT
Slaffhas ptepazed a five-year lmISibon plan fur assuming these sites os follows:
1995196 Secure mainb:nance support, purchose equipment. Cost
and stan mainl<:Jlanee of two middle schools and O~
c1emenesry school site, and III schoollenllis
courts effective JIIIIIW)' I, 1996. To meet the
requiremeDts fo< providing Ibis DeW semcc, it is
anoolpa!ed !bat Ibis woddoad .... ould necessitate
the addition of an equivalent of four full-time
positions. (M) $372,000
CMR:202:9S Page 2 of"
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: Cootinile !be same mainttnanee pl"ogtUl as in 1995-96
foe cbe full caIencIar year (M) $371,000
1997198 Add the """aining eIemenIaty schools 10 the
existing m.;n ..... """ program, and initiate the
cIesiaD of the first capital improvement projects.
To meet the nquiIemenIS for providing this
additional ~ it is anticipated Ibat this
woDJoa4 ",0014 uecess;_ the addition of...,
eqnivak:Ir ofrwC) full-time positioos.
1993f99 Expand the ~ program to include
some major field reooV8lioo. and imple:menl the
. first capilal improvement p!"C)~.
199912000 Cootinue the !"aintenanu and field renovation
progn.m. and add the next capital p!"C)jeots.
(M)= ~ 0 =Capitsl
(M) S57~,OOO
o $ 67.000
(M) $630,000
o $501,000
(M) $661,000
o $615,000
The phasing of this program is based on availability of funding. First year fimdin8 is
included ill cbe City's 1995-96 proposed budget. 0Iher funding sourees need to 1M:
punued prior to cbe lhird year of ibis program. if additional plwes are implemented. In
cbe past, the City Council has discussed !be possibility of creating • landscape and
ligJIting assessment disIriot to suppor1 parlo: and tree maintenance and <apital projects.
This proje<:t may Ilso 1M: an ideal program to 1M: considered foc this type of funding.
If Council approYCS of this pennenbip BlTlIJl8CIl'tIlt. ill principle. staffwi1l prepare.
focmal agreement with PAUSD. defmnine !be 6ability and risk management issues,
initiate pmd!ases and secure maintenance support. in ocder to commence maintecance of
two middle school sitts and ooe elementary site effective ]anwuy I, 1996, and begin
investigation of &Itemarlve funding sources 10 pay foc the increased costs beginning in the
IhW year of this program.
ENVIRONMENTAL ASSfS5MP!T
This is JIOI • p!"C)je<:t as defined by the California EavironmentaJ Quality Act and is not
$llbject10 CEQARqUirements.
'--<,'/":-J"-' -,
AUACHMENTS
PAUSDICP A Join Lmc!scape MainIenaIIce SUDIIIWY Report
Prcp&ic4by: Paul Tbiltgen IIld Paul Dias
Depar1meDIHead~': /~iQ
PAUL THIL TGEN
Director of Canmunity Services
City Manager Approval: