190827

Emergency Ordinance

*Authorize Agreement between Portland Parks & Recreation and Portland Public Schools for the joint use of athletic facilities

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. Portland Public Schools (PPS) and Portland Parks & Recreation (PP&R) have a long history of shared use of their respective facilities.
     
  2. PPS and PP&R are mutually interested in providing programs, facilities and services that benefit children, their families and the Portland community.
     
  3. PPS and PP&R recognize that they both serve the general public and that by allowing each other use of their individually-owned facilities, the quality and quantity of facilities and programs available to students and the general public of Portland would be increased.
     
  4. Over the years, PPS and PP&R have had numerous use agreements, including, most recently, the 2010 Collaboration Agreement, authorized by Ordinance 184234, regarding joint use of their respective sites and athletic facilities.
     
  5. The 2010 Collaboration Agreement is set to expire this year. PP&R and PPS wish to enter into new agreements for the continued shared use of their facilities under revised terms and conditions to address current needs and desires for shared use.
     
  6. The new Agreement for the Joint Use of Portland Public Schools and Portland Parks & Recreation Athletic Facilities (Agreement) outlines the exchange of use of facilities such as sports fields, gyms, pools, tracks, and golf courses that each party will enjoy.  The Agreement proposes an approximately three-year term, with expiration on May 31, 2025.
     
  7. Under the new Agreement, the parties will generally not pay standard facility rental fees; however, it is agreed that they will pay certain direct costs that result from their respective uses. Though it will vary annually, PP&R estimates that it will pay approximately $80,000 to $100,000 annually to PPS to cover these direct costs.  These ongoing historical costs will continue to be included in future PP&R budget requests.

NOW, THEREFORE, the Council directs:

  1. The Director of Portland Parks & Recreation, or designee, is authorized to execute the “Agreement for the Joint Use of Portland Public Schools and Portland Parks & Recreation Athletic Facilities", in a form substantially similar to the attached Exhibit A, and any future amendments or extensions thereof, upon approval as to form by the City Attorney.
     
  2. The Director of Portland Parks & Recreation, or designee, is authorized to take any actions necessary to carry out the terms of the Agreement, including but not limited to, paying PPS any fees or direct costs outlined in the Agreement.

Section 2.  The Council declares that an emergency exists because the previous agreement regarding the joint use of athletic facilities has expired; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Documents and Exhibits

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Mary Hull Caballero

Impact Statement

Purpose of Proposed Legislation and Background Information

  • PPS and PP&R recognize that they both serve the general public and that by allowing each other use of their facilities, the quality and quantity of facilities and programs available to students and the general public of Portland is increased.
  • For that reason, Portland Public Schools (PPS) and Parks have a long history of sharing athletic facilities. The most recent shared use agreement, the 2010 Collaboration Agreement, authorized by Ordinance 184234, is about to expire.
  • The “Agreement for the Joint Use of Portland Public Schools and Portland Parks & Recreation Athletic Facilities” (Agreement) will replace the Collaboration Agreement as it applies to the shared use of each parties’ athletic facilities and details the use each party will have of the other party’s athletic facilities.

Financial and Budgetary Impacts

  • By the terms of the Agreement, the parties agree to waive standard facility rental fees for the uses outlined in the agreement, which will result in a considerable savings to both parties.
  • Neither the savings, nor the foregone facility rental revenue, results in a change to the budget as the parties have been waiving rental fees at a similar level for many years.
  • Because the shared use does result in some direct costs to each party, such as the cost of custodians at PPS gyms and porta-potties at Parks’ fields, the parties will pay fees that cover certain direct costs. It is estimated that the net cost to Parks of such direct fees will be in the range of $80,000 to $100,000 annually. This is not a new cost and is currently included in Parks’ Recreation-Athletics Admin budget.
  • There is no change in staffing levels as a result of this Agreement.
  • Although PPS and PP&R do incur costs to operate the facilities in the Agreement, the Agreement provides a considerable cost-savings benefit to each of the parties. The beneficiaries of these cost savings are the City of Portland taxpayers, community members, and PPS athletes who are able to use a diversity of athletic facilities at a lower cost than they would without the Agreement.

Community Impacts and Community Involvement

The community was not directly involved in the development of this Agreement. By allowing Parks to access PPS facilities for its own programming, such as Goldenball youth basketball, and permit out PPS fields to third party users, the agreement increases public access to athletic facilities throughout the City for youth and adult recreational use. It also enables Parks to offer PPS fields to third party users at an affordable rate. Additionally, PPS’s competitive sports program also benefits, as it will have access to a greater number of quality fields and other athletic facilities throughout the City, including facilities, such as golf courses, that PPS doesn’t own.

100% Renewable Goal

N/A

Budget Office Financial Impact Analysis

No fiscal impact—the costs associated with this ordinance are built into the PP&R base budget. 

Agenda Items

409 Consent Agenda in May 18-19, 2022 Council Agenda

Passed

  • Commissioner Dan Ryan Yea
  • Commissioner Jo Ann Hardesty Yea
  • Commissioner Mingus Mapps Yea
  • Commissioner Carmen Rubio Yea
  • Mayor Ted Wheeler Yea

Contact

Dylan Paul

Property & Business Development Manager

Requested Agenda Type

Consent