February 10, 2004
SUBJECT: Proposed Renewal of Maintenance, Operation and Use Agreement for Challenge Ropes Course at Baylands Park
REPORT IN BRIEF
On December 1, 1998, the City entered into a five-year agreement with Fremont Union High School District (District) and Fremont Union High Schools Foundation (Foundation) for the construction, maintenance, operation and use of a Challenge Ropes Course at Baylands Park. The course construction was completed with a Grand Opening Celebration held at the park on May 17, 2000. Subsequently, the Foundation has operated the course in accordance with the agreement that terminated December 1, 2003. To date, the course has been a positive asset for the City. Through the combined City and Foundation efforts, participants (primarily teens) have received thousands of hours of recreation and instruction, increasing skills, teamwork and self-confidence.
Throughout summer and fall of 2003, staff met with District and Foundation representatives in efforts to renew the agreement. Within this process, District representatives informed staff that the District did not desire to be included in the partnership for the future maintenance, operations and use of the course. Therefore, the proposed new Maintenance, Operations and Use Agreement for the Challenge Ropes Course is a two-party agreement between the City and the Foundation only. Please see Attachment A, proposed Maintenance, Operations and Use Agreement dated February 1, 2004. Staff recommends that the City Council approve the new agreement as attached and authorize the City Manager to enter into the agreement on behalf of the City.
BACKGROUND
In 1998 the Fremont Union High School District approached the City with the concept of a partnership to create a Challenge Ropes Course for the youth of Sunnyvale and surrounding communities. The course would be operated by the Foundation and fees would be charged to provide expert instructors at the course. The District provided for the instructors and looked forward to utilizing the course for team-building, trust and skill development exercises with at-risk youth and youth of school clubs/organizations. The City would obtain a new asset (the structures and storage building) and retain the right to program the course as a portion of its recreation services when opportunities arose. This concept was supported by City Council and combined efforts of the City, the District and the Fremont Union High Schools Foundation (a non-profit corporation) took shape. The Foundation raised funds for construction while the City considered alternative locations, eventually designating a portion of Baylands Park for this purpose.
On December 1, 1998, the City entered into a five-year agreement with Fremont Union High School District (District) and Fremont Union High Schools Foundation (Foundation) for the construction, maintenance, operation and use of a Challenge Ropes Course at Baylands Park. At their own cost and with coordination of City, the Foundation completed the Challenge Ropes Course construction in May of 2000. Since that date, the Foundation has operated the Course in accordance with all terms and conditions of the initial agreement, which terminated December 1, 2003.
Throughout summer and fall of 2003, staff met with District and Foundation representatives in efforts to negotiate a future agreement. As negotiations for agreement renewal were not likely to be completed by December 1, 2003, the Foundation provided a letter to assure all terms and provisions of the initial agreement would remain in effect through to February 1, 2004, or signed approved future agreement, whichever occurred first. Please see Attachment B letter dated November 24, 2003, signed by Foundation President Barbara Juhl.
As the Foundation has played the main role in maintenance and use of the course and the District’s interests were well-addressed, the District informed staff that it did not desire to be included in the future agreement for maintenance, operations and use of the course. Please see Attachment C, letter dated December 15, 2003, from Superintendent of Schools Stephen R. Rowley. Therefore, the proposed new Maintenance, Use and Operations Agreement for the Challenge Ropes Course is a two-party agreement between the City and the Foundation only.
EXISTING POLICY
Renewal of Maintenance, Operations and Use Agreement for the Challenge Ropes Course at Baylands Park is supported in the City’s General Plan as follows.
The partnership among the Foundation, District and City to construct, maintain and operate the Challenge Ropes Course at Baylands Park was established by agreement dated December 1, 1998. The City provided space at Baylands Park, the Foundation provided for construction costs and coordinated with the City for construction, and the District scheduled training for instructors.
This partnership has been very positive with hundreds of participants, (primarily high school aged students) using the course and growing in self-confidence, skill and teamwork over the years. The City now owns a real recreational asset worth tens of thousands of dollars for the long-term benefit of the community. As funding becomes available and as opportunities to expand City recreational services arise, staff may provide market-based instruction at the course in addition to that currently provided by the Foundation.
As the term of the initial agreement approached expiration, staff met with Foundation and District representatives to negotiate a future agreement. Within these discussions, the District representatives informed the City and Foundation that they felt their interests were well addressed by the Foundation and City and that the District did not need to be a formal partner in the future Agreement.
Important elements of the proposed agreement that remain in place include:
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The Course remains a valuable resource for instruction and development of participants and especially for at-risk youth and youth clubs/groups.
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The City retains ownership of the Challenge Ropes Course structures and the storage building.
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Economically challenged Sunnyvale residents may participate at no or reduced fee through the Fee Waiver Program administered through Sunnyvale Community Services.
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The City maintains the right to program recreational and instructional services at the Course.
Significant changes in the proposed agreement include:
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Agreement is limited to the two-parties, the City and the Foundation.
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The term is limited to one-year as opposed to the previous five-year term.
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Construction related terms have been eliminated, as initial construction is now complete.
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Remodel and/or renovation terms have been included as the Foundation may wish to undertake such work in the future.
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Opportunities for limited weekend uses have been provided where the previous use was limited to weekdays only.
Discussions also included the possibility that the Foundation may, in the future, contract with a professional Challenge Ropes Course vendor for the day-to-day operations at the course. Should Foundation desire to operate in this manner in the future, they must request specific approval, in advance, from the Director of Parks and Recreation.
During negotiations for the future agreement, parties noted that their work would not likely be completed prior to the December 1, 2003, expiration of the initial agreement. Recognizing this, the Foundation President signed a letter to the City stating all terms and provisions of the initial agreement would be kept in place until a new agreement could be approved and signed.
The attached agreement was negotiated with Foundation representatives and has been reviewed and approved by the Fremont High Schools Foundation Executive Board. Foundation President Barbara Juhl has been authorized to sign on behalf of the Foundation should Council also approve the agreement.
FISCAL IMPACT
Approval of the proposed Maintenance, Operations and Use Agreement for the Challenge Ropes Course at Baylands Park creates no positive or negative fiscal impact to City operating or project budgets.
PUBLIC CONTACT
Public contact was made through posting of the Parks and Recreation Commission and Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the City Clerk’s office, Library, Parks and Recreation Administration, Community Center, and Senior Center.
Copies of the report were provided to the Fremont Union High School District and the Fremont Union High Schools Foundation.
Staff recommends Alternative No. 1.
The Parks and Recreation Commission reviewed this report on January 28, 2004, and recommended that Council approve Alternative No. 1 as well.
Prepared by:
Curtis Black
Superintendent of Parks
Reviewed by:
Robert A. Walker
Director, Parks and Recreation
Approved by:
Amy Chan
Acting City Manager
Attachments
A. Agreement dated February 1, 2004, for Maintenance, Operation and Use of Challenge Ropes Course at Baylands Park.
Exhibit A: Baylands Park Ropes Course (pdf format)
B. Letter dated November 24, 2003, signed by Foundation President. (pdf format)
C. Letter dated December 15, 2003, from Superintendent of Schools, Fremont Union High School District. (pdf format)