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HomeMy WebLinkAboutStaff Report 265-09 (2)TO: HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE: JUNE 8, 2009 CMR: 265:09 REPORT TYPE: CONSENT SUBJECT: Approval of Contract with Palo Alto Unified School District (PAUSD) in which the City of Palo Alto will Provide Fiscal Services for the PAUSD Summer Enrichment Programs and Provide a Collaborative After-School Program RECOMMENDA TION Staff recommends that Council approve and authorize the City Manager or designee to execute the attached contract with the Palo Alto Unified School District (PAUSD) authorizing the City of Palo Alto to act as fiscal agent for PAUSD's summer enrichment program; and, working in collaboration with PAUSD, provide an after-school camp program and a variety of other summer programs on P AUSD sites. DISCUSSION In 2001, it was agreed that the City and PAUSD collaborate in order to facilitate summer enrichment programs for P AUSD students. The collaboration is evaluated annually and continues to be very successful. The terms and conditions under this new contract are the same as the previous three year contract and will also have a three year term 2009-11. The City will act as a fiscal agent for PAUSD's summer enrichment classes at selected schools. PAUSD will collect the checks and credit card forms made payable to the City and deliver them to the City. The City will deposit the checks and credit card charges into the General Fund, and return 92 percent of the revenue collected to PAUSD, while retaining the remaining 8 percent as administrative fees for its fiscal services. In 2008 the City processed $558,490 for PAUSD's summer enrichment classes for approximately 1,400 participants. Similar summer enrichment enrollment is expected in 2009-11. In addition to the City acting as the fiscal agent for PAUSD's summer enrichment classes PAUSD and the City's Recreation Division will again work collaborative1y to provide a summer enrichment/recreation camp during the summer school period. The 2009 summer enrichmentlrecreation _camp is titled "Coastal Adventures" This two-week ca.IllP-is~ CMR: 265:09 Page 1 of2 introduction to the concepts of marine science, including biology, oceanography, and ecology. Students will have a hands-on exploration of California's coastal marine life, by examining invertebrates, plants, fish, plankton, birds and mammals in varied underwater and coastal environments. Students will start each day in the classroom and then will embark on several exciting and educational field trips including the Coastal Baylands, Monterey Bay Aquarium, Seymour Marine Discovery Center and Half Moon Bay in the afternoon. We expect approximately 50 participants over two sessions of camp. Participant fees for the summer enrichment/recreation camp will be used to cover all P AUSD and City expenses and any net income will be distributed evenly between PAUSD and the City. RESOURCE IMPACT The contract will generate sufficient revenues to offset the expense of providing this service. The current budget has the revenue and expense in its base, and therefore a Budget Amendment Ordinance is not required. POLICY IMPLICATIONS The recommendation in this report is consistent with current City policies. ENVIRONMENTAL REVIEW This contract is not a project as defined by the California Environmental Quality Act (CEQA) and is not subject to CEQA requirements. ATTACHMENTS Attachment A: PREP ARED BY: Contract DEPARTMENT HEAD: CITY MANAGER APPROVAL: CMR: 265:09 / ROBDEGEUS Division Manager, Recreation & Golf GREG BETTS Interim Director of Community Services 20f2 AGREEMENT ANNUAL SUMMERENIDCHMENT PROGRAM BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED SCHOOL DISTRICT This Agreement ("Agreement") is entered into , 2009, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY") and the PALO ALTO UNIFIED SCHOOL DISTRICT, a unified school district of the State of California, with offices at 25 Churchill Avenue, Palo Alto, California 94306 ("DISTRlCT"). RECITALS WHEREAS, CITY and DISTRICT will be providing a summer enrichment program at various schools within the CITY, including DISTRICT elementary, middle and high schools on an ongoing basis; and WHEREAS, CITY and DISTRICT have agreed to work collaboratively on a program, whereby CITY will sponsor an after school program in conjunction with the summer enrichment school program; and WHEREAS, DISTRICT students have an opportunity for an enriching learning experience during the summer months and CITY residents have the opportunity to participate in recreational and learning activities. NOW, THEREFORE, in consideration of the following covenants, terms, and conditions, the parties agree as follows: 1. DISTRICT shall provide summer enrichment classes in accordance with, and subject to all applicable standards and obligations required of a public school district, at the DISTRICT elementary, middle and high schools. 2. This Agreement shall have a term ofthree years commencing June 15, 2009, that shall be renewed upon the anniversary date of the effective date of this Agreement, unless otherwise agreed to by the parties. 3. At the start of each contract year and prior to offering any classes to the public, DISTRICT and CITY shall agree in writing as to the summer enrichment classes to be offered and in the start and end dates of each summer enrichment program to be offered that year. 4. In addition, DISTRICT and CITY shall from time to time offer new summer enrichment camps. DISTRICT and CITY shall agree in writing which camps it will provide and the dates the camps will be held prior to offering camps to the pUblic. DISTRICT shall provide summer enrichment classes which shall be scheduled from 8:30 a.m. to 12:30 p.m., Monday through Friday. CITY's Recreation and Golf Services Division shall provide after summer _-enri~Am~t camp activ~t~_~~wipants a~ding camps from 12:JO.p.m. to 5:30 p.m. The -_ ....... _-- 090408 jb 0073145 activities will include a variety of recreation programs and field trips. The program will be held at various DISTRICT sites within the CITY to be agreed upon by the parties. 5. DISTRICT shall provide six (6) classrooms for the camps and classes, at no cost to the CITY beyond the administrative fee payable pursuant to paragraph 6 while summer costs for camps and classes held while DISTRICT summer school is not in session. All CITY camps held at DISTRICT sites will end on the last Friday of July. unless otherwise agreed by the parties. 6. DISTRICT shall collect the checks, and credit card forms made in payment for the summer enrichment classes, excluding any camps at various DISTRICT school sites, which will be made payable to the CITY, and deliver them to CITY in a manner approved by the CITY's Revenue Collections Division. CITY will deposit checks, and credit card payments into the CITY's General Fund. CITY shall prepare and provide to DISTRICT an accounting of the deposits, and shall return 92% of the total to DISTRICT, and shall retain the remaining eight percent (8%) as an administrative fee for its fiscal services. All supporting documentation relating to CITY's role as fiscal agent for DISTRICT will be available for review by DISTRICT upon request. CITY will directly collect and handle all fees for its after school programs. Participants enrolling in any summer enrichment camps will sign up through CITY's registration process. CITY will deposit checks into the CITY's General Fund. CITY shall prepare and provide to DISTRICT an accounting of all revenues and expenses for all camps. Revenue will be used to cover all camp expenses and any net income will be distributed evenly between the DISTRICT and CITY's Recreation Division. 7. DISTRICT agrees to indemnify, defend and hold harmless CITY and its council members, officers, employees, and board and commission members from and against any and all loss, damage, claim or liability (including, without limitation, reasonable attorneys' fees) arising or alleged to arise out of DISTRICT's negligent acts, errors or omissions under this Agreement. DISTRICT will obtain and maintain, in fuJI force and effect during the term of this Agreement, the insurance coverage described in Exhibit "A," insuring not only DISTRICT and its contractors, if any, but also, with the exception of workers' compensation and employer's liability, naming CITY as an additional insured concerning DISTRICT's obligations under this Agreement. 8. CITY agrees to indemnify, defend and hold harmless DISTRICT and its' officers, employees, and board and commission members from and against any and all loss, damage, claim or liability (including, without limitation, reasonable attorneys' fees) arising or alleged to arise out of CITY's negligent acts, errors or omissions under this Agreement. CITY will obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "B/' with the exception of workers' compensation and employer's liability, naming DISTRICT as an additional insured concerning CITY'S obligations under this Agreement. Evidence of adequate self·insurance shall be acceptable compl iance with this requirement. 9. All notices shall be submitted, in writing, and sent by the United States mail, certified and postase-prepaid by private express delivery iervice, by facsimile transmission 090408 Jb 0073145 2 followed by delivery of hard copy, or by any other process mutually acceptable to the parties to the addl'esses stated below or to any other address noticed in writing. To CITY: With a copy to: To DISTRICT: Office of the City Clerk City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 Recreation Division Manager 1305 Middlefield Rd. Palo Alto, CA 9430 I Superintendent Palo Alto Unified School District 25 Churchill Avenue Palo Alto, CA 94306 10. This Agreement shall be governed by and construed in accordance with the laws of the State of California. J I. Either Party may terminate this agreement upon 120 days notice, with or without cause by providing written notice to the other party of its intent to terminate this agreement. 12. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 13. This Agreement constitutes the entire agreement between the parties concerning its subject matter, and there are no other oral or written agreements between the parties not incorporated in this agreement. 14. This Agreement shall not be modified, unless the parties first agree to and approve of such modification in writing through a duly authorized amendment. 15. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement shall remain in effect. 16. The prevailing party in any action brought to enforce the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action. 17. Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may required. A consent to one assignment shall not be deemed to be such a consent to any subsequent -assignments. Any assignmont without such approval shall void and, at the option of the other party;snarrtermInate thIS Agreemimt ana anylicenseor privilege granted herein. fhis 090408 jb 0073145 3 Agreement and any interest herein shall not be assigned by operation of law without the prior written consent of the other party. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Director of Administrative Services Risk Manager CITY OF PALO ALTO City Manager PALO ALTO UNIFIED SCHOOL DISTRICT By: ---------------------- Name: Title: Attachments: Exhibit "A": District's Insurance Requirements Exhibit "B": City's Insurance Requirements 090408 Jb 0073145 4 ---------------------- -------------------------