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Consideration of Allocating Grant Funds received by the City Pursuant to Proposition 68 Per Capita Grant Funding to Upgrades to the Piedmont Middle School Sport Courts, including Pickleball Court Improvements and Replacement of a Pedestrian Foot Brid

Piedmont City Council
November 21, 2022

Document
Consideration of Allocating Grant Funds received by the City Pursuant to Proposition 68 Per Capita Grant Funding to Upgrades to the Piedmont Middle School Sport Courts, including Pickleball Court Improvements and Replacement of a Pedestrian Foot Brid
Meeting
November 21, 2022
Body
Piedmont City Council
Original file
4.1 MB
Text extracted from the city's file for reading and search. Open the original on piedmont.ca.gov. That file is the official record.

City of Piedmont

CITY COUNCIL

AGENDA REPORT
DATE: November 21, 2022
TO: Mayor and Council
FROM: Sara Lillevand, City Administrator
SUBJECT: Consideration of Allocating Grant Funds received by the City Pursuant to Proposition 68 Per Capita Grant Funding to Upgrades to the Piedmont Middle School Sport Courts, including Pickleball Court Improvements and Replacement of a Pedestrian Foot Bridge in Piedmont Park near Bushy Dell Creek and Determine that the Projects are Exempt from the Requirements of the California Environmental Quality Act (CEQA)

RECOMMENDATION

1. By a single motion, allocate grant funds received by the City pursuant to Proposition 68 Per Capita Grant Funding, and the City required matching funds, for upgrades to the Piedmont Middle School Sport Courts, including Pickleball Court improvements and replacement of a pedestrian foot bridge in Piedmont Park and determine the two projects to be exempt from the requirements of the California Environmental Quality Act (CEQA).

BACKGROUND
On October 19, 2022, the Recreation and Park Commissions held a joint meeting to review a revised proposal for the Prop. 68 Per Capita grant to include two projects: upgrades to the Piedmont Middle School Sport Courts, including pickleball court improvements and replacement of a pedestrian foot bridge in Piedmont Park.

The Commissions were tasked to reconsider projects for grant funding after the engineer’s estimate of costs for the previous proposal, an outdoor Recreation Department Preschool and public space near the Community Hall, exceeded the grant amount by approximately $200,000.

With a project that substantially exceeded the grant funds, staff considered alternate projects that would be appropriate for this grant.

After a robust discussion among Commissioners, the Joint Commissions voted unanimously in favor of recommending the two projects to City Council in the event the City’s grant application is approved.

DISCUSSION
The grant funds must be used as capital outlay for recreational purposes and grant recipients are encouraged to utilize the award to rehabilitate existing infrastructure and address deficiencies in neighborhoods lacking access to the outdoors. As part of the grant resolution for the acceptance of the State funds, the City is encouraged to take actions that promote diversity and inclusion in their parks. Piedmont’s total combined grant allocation is $184,932. Because Piedmont does not qualify as a disadvantage community, the grant requires the City to contribute matching funds of $46,233 which is 25% of the grant award resulting in a total project budget of $231,165.

In reconsidering project designation for the grant, the Recreation and Public Works Departments reviewed projects that were shovel ready and would improve existing recreational and park facilities as well as serve multiple recreational users and park visitors.

Two projects are proposed for the grant funds:

Project 1: Additional upgrades to the Piedmont Middle School (PMS) Sport Courts including new plexipave acrylic athletic court surfacing over the existing asphalt surface, striping for pickleball, volleyball, street hockey, and badminton, new basketball back boards and padding, portable volleyball net system and a water bottle filling station.

Beginning in 2018, the Recreation Commission’s Subcommittee on Tennis Court Use and Pickleball reviewed the management of the City’s tennis facilities and programming as well as the growing interest in pickleball in Piedmont. The subcommittee recognized the need for careful and specific planning to introduce a new recreational activity into a community with severe recreational space constraints. They performed diligent work over the course of seven months and arrived at a number of recommendations that were presented to and adopted by the Recreation Commission on January 16, 2019 and City Council on March 4, 2019. Their primary recommendation for pickleball was to explore a partnership with PUSD to renovate the Physical Education (PE) hardcourt surfaces at PMS to create a first class pickleball facility with a tennis quality surface lined and painted, for use by school and public. The courts would allow for multiple uses including badminton and basketball, in addition to pickleball that could be open to the community during non-school hours.

The Capital Improvement Projects Committee (CIP) also recommended the PMS Sport Courts as one of their top three priority projects for consideration in their 2019 report delivered to Council at the May 11, 2019 City Budget Workshop.

On June 3, 2019, the City Council approved a reimbursement and a use agreement with PUSD regarding Piedmont Middle School Sport Court renovations and Council approved an appropriation in the 2018-2019 fiscal year of $50,000 from the unallocated balance of the General Fund towards the removal of existing asphalt, grading and installation of new asphalt as well as installation of new net posts and nets on the three existing PMS Sport Court surfaces. Funding at the time was not adequate to include the desired “tennis quality surface” that was requested and recommended for courts of this type. The project also included restriping the existing PE lines and the addition of striping for six regulation sized pickleball courts to be used with portable nets.

Agenda Report Page 2
Since the PMS Sport Courts were renovated and hours established for pickleball play at Hampton, Beach and PMS, the popularity and growth of pickleball in Piedmont (and nationally) has skyrocketed. Across the three sites where pickleball is played in Piedmont, approximately 1200 players use Piedmont courts each month (some playing for the first time and others playing multiple times per week). While the interest in pickleball has expanded to all age groups, it is by far the largest older adult/senior activity offered in Piedmont.

The PMS Sport Courts have provided for a highly used space for pickleball in Piedmont hosting about 700 players each month. The 6 courts also allow the pickleball group to offer tournament play twice per month, frequent clinics and a monthly community potluck. On Saturdays and Sundays, you will typically see 24 people playing and 24-32 players waiting to play. Due to demand, PRD has recently added evening play at the PMS courts which has been well received with 3-4 courts always full.

The PMS Sport Courts will continue to accommodate school Physical Education classes and activities and allow the Recreation Department to offer afterschool drop-in and structured programs for a variety of sports. The loss of the Rec Basketball Courts due to the Community Pool project and requests to provide informal volleyball play near the schools will both be accommodated at the PMS Sport Courts. The improved striping and tennis court surface will provide users with a consistent surface, grip and traction while playing.

The improvements funded by the grant would be managed entirely by PUSD, with the City reimbursing PUSD up to $100,000 for expenses related to resurfacing, striping, basketball backboards with padding, portable volleyball net system and a water bottle filling station.

PUSD will absorb the cost of construction management and long-term maintenance.

Project 2: Replacement of a pedestrian foot bridge in Piedmont Park near Bushy Dell Creek Within Piedmont Park, a small creek tributary crosses one of the main paths near where Bushy Dell Creek enters the culvert adjacent to PUSD softball field. A wood pedestrian bridge, estimated to be over 30 years old spans the tributary. This bridge was first identified as being deficient in 2015 and a funding source has yet to be identified. The wood decking was temporarily patched with plywood as the decking was in need of repair and in 2019, Public Works contacted several contractors and explored options for replacing the bridge. Due to the location and access, it was determined that the bridge could not be prefabricated and craned into place, but the replacement would involve a custom design to fit the site conditions. Early discussions on bridge replacement were halted during the Covid-19 pandemic.

In 2022, Public Works staff prepared preliminary designs and a cost estimate to replace the bridge, install new abutments and include handrails that comply with current building code. The proposed bridge will utilize steel beams and wood components for the decking and the handrail.

Final design and an engineer’s estimate will be prepared by the city engineer.

The new bridge installation will require adjustments to the existing path and limited landscape repair adjacent to the new structure. The grant will be used to cover the fabrication and installation of the bridge and the repair and upgrades to the landscape and path adjacent to the Agenda Report Page 3
bridge. Grant, funding for the bridge and associated landscape improvements will be approximately $150,000 and will expend the remainder of the grant.

ENVIRONMENTAL REVIEW
Project 1: The Piedmont Unified School District is the lead agency for purposes of environmental review. The proposed improvements are on district property and the installation will be the district’s responsibility with the City reimbursing the District with grant funds for the improvements.

The District has made a determination that the PMS court improvement project is categorically exempt from the California Quality Environmental Quality Act pursuant to CEQA Guidelines section 15301 because the improvements propose minor changes to existing facilities. The City is in agreement with PUSD’s analysis because the project proposes a new plexipave acrylic athletic court surfacing over the existing asphalt surface, striping, the addition of sports equipment and a water bottle filling station, thus involving a negligible expansion of an existing use.

Project 2: The pedestrian bridge project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301(c), in that the project concerns the repair of existing facilities such as “…sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).”

FISCAL CONSIDERATIONS
The total grant amount is $184,932. An additional match of $46,233 is required as Piedmont does not qualify as a “severely disadvantaged community.” The matching funds are available in the Parks & Tennis Court portion of the approved FY 2021/22 Facilities Capital Fund. As such, funds are available for this project as follows:

PMS Sports
Court Project
Piedmont Park
Bridge Project
Total
Prop 68 Per Capita Grant $ 80,000 $ 104,932 $ 184,932
Matching Funds (Facilities Capital Fund) $ 20,000 $ 45,068 $ 65,068 Estimated Total Project Cost $ 100,000 $ 150,000 $ 250,000

ATTACHMENTS
A: City Council Staff Report dated XXX
B : Project 1 Graphic– Improvements to PMS Sport Courts C: Project 2 Graphic – Replacement of Pedestrian Bridge in Piedmont Park D: PUSD Environmental Determination and Analysis
Agenda Report Page 4
By: Chelle Putzer, Recreation Director
Daniel Gonzales, Public Works Director
Nancy Kent, Park and Project Manager
Agenda Report Page 5
City of Piedmont

COUNCIL AGENDA REPORT
DATE: June 3, 2019
TO: Mayor and Council
FROM: Paul Benoit, City Administrator
SUBJECT: Consideration of a Reimbursement and Use Agreement with Piedmont Unified School District Regarding Piedmont Middle School Sport Court Renovations and an Appropriation to Fund the Agreement

RECOMMENDATION
Approve a Reimbursement and Use Agreement between the City of Piedmont (City) and the Piedmont Unified School District (PUSD) for the Piedmont Middle School (PMS) Sport Courts and approve an appropriation of $50,000 from the unallocated balance of the General Fund.

BACKGROUND
In May 2018, the Recreation Commission formed the Subcommittee on Tennis Court Use and Pickleball comprised of Steve Roland, Conna McCarthy and Jeff Dorman. Their charge was to review the management of the City’s tennis facilities and programming as well as to address the growing interest in pickleball in Piedmont. Pickleball is a sport relatively new to Piedmont with rapidly growing interest among residents. The subcommittee recognized the need for careful and specific planning to introduce a new recreational activity in to a community with severe recreational space constraints. They performed diligent work over the course of seven months and arrived at recommendations that were presented to and adopted by the Recreation Commission on January 16, 2019 and City Council on March 4, 2019. The full report of the Subcommittee on Tennis Court Use and Pickleball is attached as Exhibit A.

The subcommittee’s primary recommendation for pickleball was exploration of a partnership with the PUSD to renovate the Physical Education (PE) hardcourt surfaces at PMS to create a pickleball facility that could be open to the community during non-school hours. An aerial view of the site is attached as Exhibit B. The subcommittee also recommended a trial of limited pickleball play on existing City tennis courts, which is ongoing.

Based upon the subcommittee’s recommendation, the City Council directed staff to explore a partnership with PUSD to create a community pickleball facility at the existing PMS Sport Courts. Since then, Recreation Director Sara Lillevand and Public Works Director Chester Nakahara have worked closely with PUSD Director of Facilities Pete Palmer to develop a renovation plan which will enhance the PMS student experience by greatly improving spaces Attachment A Agenda Report Page 6
that are utilized daily by students for PE classes and lunch time activities, as well as, create a space for pickleball and other recreational activities during non-school hours. The court resurfacing project includes removal of existing asphalt, grading and installation of new asphalt as well as installation of new net posts and nets on the three existing PMS Sport Court surfaces.

The project also includes restriping the existing PE lines and the addition of striping for six regulation sized pickleball courts to be used with portable nets.

This project will be managed entirely by PUSD, which has secured Ransome Company to begin construction this month. The total cost of the project for PUSD is estimated at $60,000. The agreement before the Council provides for reimbursement from the City to PUSD up to $50,000 for expenses related to resurfacing, configuration, and striping. PUSD will absorb the cost of construction management as well as expenses related to the new net system which includes new footings and sleeves for net posts.

The agreement provides the City access to the improved PMS Sport Court facility during nonschool daylight hours for both formal and informal recreation programming. Upon completion of the project, PRD will immediately be able to provide extensive pickleball opportunities on this dedicated space without adverse impacts on tennis or neighbors. PUSD and the City are committed to working together to ensure all of our recreational spaces are utilized to the fullest extent possible and we expect to continue dialogue about all of our shared spaces. How best to incorporate other recreational activities and open community use in this space remains to be determined.

FISCAL CONSIDERATIONS
The Capital Improvement Projects Committee (CIP) recommended this as a priority project for consideration in their 2019 report delivered to Council at the May 11 City Budget Workshop.

However, because the work is programmed to be completed this fiscal year, I recommend that the Council approve an appropriation in this fiscal year of $50,000 from the unallocated balance of the General Fund.

CITY ATTORNEY REVIEW
The City Attorney has reviewed and approved the contract as to form and legality.

ATTACHMENTS
A – Report of the Subcommittee on Tennis and Pickleball B – Aerial View of Piedmont Middle School Sport Courts
C – Reimbursement and Use Agreement for Piedmont Middle School Sport Courts By: Sara Lillevand, Recreation Director
Attachment A Agenda Report Page 7
Report of the Subcommittee on Tennis and Pickleball
(Presented January 16, 2019)
(Jeff Dorman, Conna McCarthy and Steve Roland)
In mid-2018, the Recreation Commission formed a Tennis and Pickleball Subcommittee to review the management of tennis facilities and tennis programming, and to address a growing interest in pickleball in the community. The following constitutes the report and recommendations of the Subcommittee.

BACKGROUND
The Recreation Department provides certain tennis programming and management, including:

Oversight and maintenance activities with regard to tennis facilities at the Rec, Park, Hampton and Beach tennis locations;
Operating a reservations and prioritization system including a "decal" program which allows holders of a decal (purchased for an annual fee) to make reservations for courts; Coordination and management of tennis professionals operating as teachers on the Piedmont courts to assure any such pros meet background check, insurance and other requirements; d. Coordination and management of tennis programming, including clinics and camps.

Recently, there has been a dramatic increase in interest in the sport of pickleball in Piedmont (and elsewhere). Private arrangements have been made by pickleball players to rent the asphalt courts at the rear of the Middle School for specified weekend play. A pickleball "club" has formed which at last review consisted of 97 members, with more being added regularly. The popularity of the game in Piedmont was given an additional boost after a pickleball clinic was sponsored by the Recreation Department in Spring 2018. Pickleball players have sought a stable location to play and to allow for natural growth in player population, and have asked the Recreation Department and Recreation Commission for assistance in establishing more formal and recognized pickleball programming in Piedmont.

SUBCOMMITTEE ACTIVITIES
The Subcommittee met on numerous occasions over a period of 7-8 months, and undertook the following activities, among others, in order to complete its investigation and arrive at its recommendations:
a. Gathered historic data on tennis court usage, and distribution of usage across days of the week, times of the day, and different age groups;
b. Met with and spoke to individuals significantly involved in tennis programming including Cora Wood (reservations), Jim Landes (teaching, clinics, coaching) and leaders of tennis groups; c. Sought information from outside contractors of tennis programming and teaching, and obtained a detailed proposal from one contractor;
d. Received comments and feedback from pickleball enthusiasts at meetings of the Subcommittee, and received written suggestions, data, proposals and requests of many pickleball players; e. Prepared and ran awidely-circulated tennis and pickleball survey in conjunction with the Recreation Department, in electronic and hard copy, seeking responses to particular questions and general comment and feedback on court usage, management of facilities and programming, and met to review tabulated and charted results of approximately 100 respondents to the survey;
Attachment A Agenda Report Page 8
f. Held separate scheduled meetings with the tennis community and pickleball community to obtain comment, feedback and proposals related to court usage, management of facilities and programming;
g. Agendized updates of the Subcommittee at Commission hearings, and took public comment during those hearings;
h. Announced a tentative set of recommendations ofthe Subcommittee as an agendized item in the December 2018 hearing of the Commission, and took public comment on those tentative recommendations;
Met further in light of public comment on the tentative recommendations, and decided upon a final set of recommendations presented here.

CONSIDERATIONS
The Subcommittee sought to consider the broad spectrum of circumstances relevant to tennis and pickleball facilities and management, but special note is taken that the Subcommittee considered:
a. All sites in the City with present hardcourt capability; b. Concerns regarding adding programming to already strained resources from the perspectives of facility crowding and sharing, historical facility uses, and adaptability of facilities and noise impacts;
c. General understanding of cost implications, without specific budgeting.

SUMMARY OF FINDINGS
The overall tennis status quo is adjudged to be healthy, well-received and functional. Tennis in Piedmont is a mature activity, and programming and management of facilities has been refined and accepted over time. Only modest adjustments are recommended below.

In contrast, pickleball is a relatively new, and rapidly growing, sport in Piedmont. Specific planning is needed to assure the healthy management of the sport consistent with needs of the overall community, the realities of Piedmont's recreational space restrictions, including limited hardcourt availability, and sensitivity to nearby neighborhoods potentially affected by pickleball play. A specific set of beginning recommendations for the handling of pickleball are provided.

RECOMMENDATIONS
TENNIS
An on-line reservation system which allows players to see court availability and reserve courts should replace the existing phone-in-system.

More formal programming should be explored for adult players, including young adults. Jim Landes is willing to work with the Recreation Department to add at least one day-time adult clinic, and this should be initiated.

The Recreation Department should be on the lookout for a tennis professional that may be able to supplement clinics put on by Jim Landes, for youths (under middle school age) and adults.

Attachment A Agenda Report Page 9

PICKLEBALL
City Council is urged to explore (with the School District) the creation of a pickleball facility using the courts at the rear of the Middle School. The courts in current condition are considered to be an underutilized resource. Recommendation is that courts be re-surfaced with tennis quality surface and lined and painted, for use by school and public. The courts could be lined to allow for multiple uses, eg badmitton or basketball, in addition to pickleball. The courts would be closed to the public during all school hours. City financial support should be explored for initial expense and ongoing maintenance, in exchange for availability to the public during regulated non-school hours.

2. An 8 month trial program of pickleball should be initiated at the tennis facilities at Hampton and Beach, including the following:
a) painted lines for 4 courts spread over the two tennis courts at each of Hampton and Beach, one pickleball court to a side of each tennis court; b) lines to be as least impactful and as unobtrusive as possible relative to existing tennis lines (e.g. light shaded lines and colors; lines coordinating with tennis lines); c) temporary netting that can be placed on each pickleball court without penetrating the court surfaces; and
d) maintenance bin or shed at each location to house the nets, with the Recreation Department to consider best means of set up and take down of nets, either through coordination with pickleball club leadership or in-house monitors if feasible.

Times for pickleba~l should be regulated at each location. For the commencement of the 8 month trial program at Hampton and Beach, the schedule is recommended as follows:
a) Wednesday and Friday at Hampton from 12:30-3:00 p.m. inclusive of set-up and take-down;
b) Tuesday and Thursday at Beach from 10 a.m.-12:30 p.m. inclusive of set-up and takedown; c) Sunday afternoons at Beach from 2-4 p.m. inclusive of set-up and take-down; d) the Subcommittee recognizes there is ongoing usage of the Middle School courts on weekends for the time being; and
e) as the Subcommittee recognizes that the Rec courts will be closed for resurfacing and rehabilitation starting approximately May 15, 2019 for a period of 2-3 months and that the Recreation Department will run Summer Camps at Hampton in Summer 2019, there may need to be some adjustments in schedule during the summer as accommodation to competing court usages.

4. To mute sound impact, it is recommended that only pickleball racquets on an approved list be used on any court in the City of Piedmont. The recommended approved list of racquets is attached. In recognition of the still growing body of information on sound impacts of pickleball, it is recommended that the list be evaluated for modification from time to time as new information becomes known, but this list would remain unchanged for the initial S month trial period.

5. The Recreation Department is encouraged to explore clinics to enhance the pickleball experience and open the game to additional users.

Attachment A Agenda Report Page 10

6. The Subcommittee will reactivate to begin review of the pickleball program prior to the end of the 8 month trial period to consider if the program is running smoothly and consistent with the needs of community constituents or if adjustments are needed. 4 Attachment A Agenda Report Page 11

APPROVED RACQUETS
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Attachment A Agenda Report Page 14
Attachment A Agenda Report Page 15

USE AGREEMENT FOR THE

PIEDMONT MIDDLE SCHOOL SPORT COURTS
JUNE 2019
This agreement, entered into this ______ day of June, 2019 by and between the City of Piedmont ("the City"), a municipal corporation of the State of California, and the Piedmont Unified School District ("the District"), a California corporation, concerning resurfacing and use of the Piedmont Middle School sport courts, hereinafter referred to as “the PMS sport courts.”

WITNESSETH
WHEREAS, it is in the public interest that City and District facilities be put to the fullest possible appropriate use; and
WHEREAS, the parties hereto desire to promote and preserve the health and general welfare of the people of the City of Piedmont through various educational, municipal, and recreational programs; and
WHEREAS, District intends to resurface the PMS sport courts, and the City of Piedmont is willing to provide reimbursement of certain expenses up to $50,000 in exchange for access to and use of the resurfaced courts outside school hours on the terms set forth herein; and WHEREAS, the City and the District agree to the following terms for the resurfacing and cooperative use of the PMS sport courts;
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, it is hereby agreed as follows:

1. RESURFACING THE PMS SPORT COURTS, CITY REIMBURSEMENT (a) During the Summer of 2019, the District agrees to resurface the asphalt concrete, set pickleball posts, and stripe the courts to provide for pickleball courts. The District further agrees to designate and provide space for up to two City-owned storage containers similar in size and nature to a “Classic KNAACK Box” for recreation equipment including but not limited to pickleball nets and equipment.
(b) The City agrees to provide a one-time, lump-sum reimbursement to the District up to a maximum of $50,000 for expenses related to resurfacing, configuration, and striping of the PMS sport courts. Upon completion of this work, the District shall notify the City and the City shall reimburse the District within 30 days of the date of notification.

2. USE OF THE PMS SPORT COURTS, CITY PRIORITY
(a) During the school day, the District shall have exclusive use of the PMS sport courts.

Attachment A Agenda Report Page 16
(b) Outside the school day, the District shall have priority for use of the PMS sport courts for District events, programs, and activities, including but not limited to Adult Education programs. (c) If the District has not reserved the courts for District use, the City shall have priority for use of the courts for recreational purposes, including but not limited to pickleball, between the hours of 4:00 p.m. and 8:00 p.m. on school days, and 9:00 a.m. and 8:00 p.m. on non-school days.
(d) If neither the District nor the City has reserved the sport courts, District may make the sport courts open and available for use by the general public for recreational purposes between the hours of 4:00 p.m. and 8:00 p.m. on school days, and 9:00 a.m. and 8:00 p.m. on non-school days for use by the general public. Other individual and group users may also reserve the courts during these hours. Notwithstanding these hours, the District may close the sport courts after dark.
(e) The City and all other users shall use the District’s established facilities reservation system to reserve the PMS sport courts.

3. FEE STRUCTURE
(a) The District shall not charge fees to the City for use of the PMS sport courts.

4. MAINTENANCE
The District shall be responsible for maintenance and routine janitorial services for the PMS sport courts. This does not preclude the City and District from reaching a separate agreement, in advance of a particular use of the sport courts by the City, whereby the City agrees to pay specified maintenance or janitorial costs in connection with that event.

5. APPROPRIATE SUPERVISION
It shall be the City’s responsibility to provide adequate, appropriate, and responsible supervision of City activities at the PMS sport courts.

6. INDEMNIFICATION
The City agrees to indemnify and hold harmless and to defend the District and its officers and employees and each of them against any and all liability, loss, costs, damages, attorney's fees and other expenses which the District may incur or sustain for any death, injury or damage arising as a consequence of the use of the PMS sport courts by the City including, but not limited to, sums paid or liabilities incurred in settlement of, and expenses paid or incurred in connection with, claims, suits, or judgments against the District and expenses paid or incurred in procuring or attempting to procure release from liability, or in recovering or attempting to recover losses or expenses paid or incurred as set forth above, except to the extent that such liability, loss, costs, Attachment A Agenda Report Page 17
damages, attorney's fees and other expenses are caused by the negligence or willful misconduct of the District or its officers or employees.

7. INSURANCE
The City and the District shall hold and maintain policies of liability insurance naming the other as an additional named insured. The policies shall not be less than five million dollars (5,000,000) combined coverage, including bodily injury and property damage.

8. MODIFICATION AND TERMINATION
Modification and termination of this Agreement shall be by mutual agreement. In the event a dispute arises over the interpretation or application of any particular provision of this Agreement, the City and District may agree to declare the provision inoperative, with all remaining provisions remaining in full force and effect.

IN WITNESS WHEREOF, the City of Piedmont and the Piedmont Unified School District have executed this Agreement as of the date set forth above.

CITY OF PIEDMONT: PIEDMONT UNIFIED SCHOOL
DISTRICT:

By: ______________________________ By: _____________________________ Robert McBain, Mayor President, Board of Education
By: _____________________________
Randall Booker, Superintendent
Attest:

By: ________________________________
John O. Tulloch, City Clerk
Approved as to form and legality:
________________________________
Michelle Marchetta Kenyon, City Attorney
Sergio Rudin, Assistant City Attorney
Attachment A Agenda Report Page 18
Project 1: Additional upgrades to the Piedmont
Middle School (PMS) Sport Courts including
new plexipave acrylic athletic court surfacing
over the existing asphalt surface, striping for
pickleball, volleyball, street hockey, and
badminton, new basketball back boards and
padding, portable volleyball net system and a
water bottle filling station to assist with
municipal sustainability goals.

Prop. 68 Per Capita Grant: Project 1: Upgrades to PMS Sport Courts Attachment B
Attachment B Agenda Report Page 19
Project 2: Replacement of a
pedestrian foot bridge in Piedmont
Park near Bushy Dell Creek
Location of pedestrian bridge near
where Bushy Dell Creek enters the
culvert north of PUSD softball field
View from benches at
the end of Bushy Dell
Creek
View looking north
Prop.68 Per Capita Grant: Project 2: Pedestrian Bridge in Piedmont Park Attachment C
Attachment C Agenda Report Page 20
Plywood was laid to patch holes in bridge decking
Prop.68 Per Capita Grant: Project 2: Pedestrian Bridge in Piedmont Park View looking south toward PUSD softball field
Project 2: Replacement of a pedestrian
foot bridge in Piedmont Park near
Bushy Dell Creek
Attachment C Agenda Report Page 21
Attachment D Agenda Report Page 22

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