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HomeMy WebLinkAboutStaff Report 167-06City of Palo Alto City Manager’s Repor TO: FROM: HONORABLE CITY COUNCIL / CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:APRIL 3, 2006 CMR: 167:06 SUBJECT: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 RECOMMENDATION Staff recommends that Council approve and authorize the Mayor 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 classes on PAUSD sites, as well as provide summer enrichment programs and recreation camps on City sites. BACKGROUND In 2001 it was agreed that the City and PAUSD collaborate in order to facilitate summer enrichment programs for PAUSD students. The collaboration is evaluated annually and continues to be very successful. This has been an annual agreement between the City of Palo Alto and PAUSD since that time. DISCUSSION Under this contract, PAUSD will provide summer enrichment classes at selected school sites. PAUSD and the City’s Recreation Division have agreed to work collaboratively to provide a summer enrichment program and a recreation camp. PAUSD will provide summer enrichment activities and the City will provide recreation programs and field trips. The combination of these two programs will provide a full day of learning and childcare for Palo Alto children. The City will act as a fiscal agent for PAUSD’s summer enrichment classes at selected schools. PAUSD will collect the checks, made payable to the City, and credit cards, and deliver them to the City. The City wil! deposit the checks into the General Fund, and return 92 percent of revenue collected to PAUSD, while retaining the remaining 8 percent as administrative fees for its fiscal services. The City will collect and handle all fees for the City-run after-school programs. CMR:167:06 Page 1 of 2 Participants enrolling in the summer enrichment!recreation camp will sign-up through the City’s registration process. Revenue will be used to cover all expenses and any net income will be distributed evenly between the PAUSD and the City’s Recreation Division. 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 is that 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:Contract Amendm, PREPARED BY: ROB DE GEUS Division Manager, Recreation & Youth Sciences DEPARTMENT HEAD: RICHARD~S~~__,~ (l~irector ~/1" t2/Ommunity Se~ices Assistant City Manager CMR: 167:06 Page 2 of 2 AGREEMENT for ANNUAL SUMMER ENRICHMENT PROGRAM BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED SCHOOL DISTRICT This Agreement ("Agreement") is entered into ,2006, by and between the CITY OF PALO ALTO, a chartered city and municipal corporation of the State of California ("CITY") and the PALO ALTO UN]SFIED SCHOOL DISTRICT, a unified school district of the State of California, with offices at 25 Churchill Avenue, Palo Alto, California 94306 ("DISTRICT"). 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 of three years commencing March 20, 2006 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. All camps shall be scheduled from 8:30 a.m. to 12:30 p.m., Monday through Friday. CITY’s Recreation, and Youth 060227 cs0072677 1 Sciences Division shall provide after summer enrichment camp activities for participants attending camps from 12:30 p.m. to 5:00 p.m. The 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 full 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 compliance with this requirement. 060227 cs0072677 2 9. All notices shall be submitted, in writing, and sent by the United States mail, certified and postage prepaid by private express delivery service, by facsimile transmission followed by delivery of hard copy, or by any other process mutually acceptable to the parties to the addresses stated below or to any other address noticed in writing. To CITY:Office of the City Clerk City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 With a copy to:Recreation Supervisor 1305 Middlefield Rd. Palo Alto, CA 94301 To DISTRICT: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. 11. 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 060227 cs 0072677 3 assignments. Any assignment without such approval shall void and, at the option of the other party, shall terminate this Agreement and any license or privilege granted herein. This 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:CITY OF PALO ALTO Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Administrative Services Risk Manager PALO AL .T.,O~IED By’, Namer"’ Gerald F. Matranc~la / Title: Assoc. Supt, BUS. Serv. Attachments: Exhibit "A": Exhibit "B’: District’s Insurance Requirements City’s Insurance Requirements 060227 cs 0072677 4 18-Jul-20C PRODUCER Driver Alliant Insurance Services 600 Montgomery Street 9th Floor San Francisco, CA 94111 (415) 403-1400 INSURED City of Paid Alto 250 Hamilton Avenue PaiD Alto, CA 94303 Attn: Sandra Blanch 104 MEMORANDUM OF COVERAGE NUMBER ACC0506PAL171 THIS CERTIFICATE IS ISSUED AS A MATTER OF EVIDENCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PROGRAM AFFORDING COVERAGE Authority for California Cities Excess Liability (ACCEL) THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMORANDUM(S) OF COVERAGE, FOR THE COVERAGE PERIOD SHOWN BELOW, NOTHWITHSTANDiNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM(S) OF COVERAGE. THE FOLLOWING COVERAGE IS IN EFFECT: PUBLIC ENTITY LIABILITY IS DEFINED IN THE MEMORANDUM(S) OF COVERAGE ON FILE WITH THE ENTITY, AND COPIES ARE AVAILABLE ON REQUEST. Type Of Coverage: Public~E_ntity Liability Includin .__q2~~ S.I.R.I Deductible Liability Limit Per Occurrence Public Entity Liability Bodily Ini/Personal Ini/Propert~ Drag $1,000,000 I $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTS/SPECIAL PROVISIONS Palo Alto Unified School District, its officers, agents and employees are named as additional insured for liability but only with respect to the use of facilities for City of PaiD Alto functions, Paid Alto Unified School District (PAUSD) 25 Churchill Avenue Paid Alto, CA 94303 Attn: Brent Herhold 8211 - 1688 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRI]-fEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIL,qY OF AN~(_ZdJ3~ UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. ACCEL Authority for California Cities Excess Liability c/o Driver Alliant Insurance Services Corporation Insurance License No. 0C3686 l 600 Montgomery Street, 9th Floor, San Francisco, CA 94111 www.accelpool.org AUTHORITY FOR CALIFORNIA CITIES EXCESS LIABILITY (ACCEL) A JOINT POWERS AUTHORITY EXCESS LIABILITY COVERAGE ADDITIONAL COVERED PARTY ENDORSEMENT It is understood and agreed that in accordance with Section III. WHO IS A COVERED PARTY paragraph D. that the following person or organization named below is included as an additional covered party for Bodily Injury and Property Damage, but only with respect to facilities or personal property owned by such person or organization and used by the Member Agency or for liability arising out of operations performed by or on behalf of the Member Agency for such person or organization so designated. Additional Covered Party Palo Alto Unified School District, its officers, agents and emp!oyees Limit of Liability $1,000,000 Description of Activity or Location of Facih’ties Used Palo Alto Unified School District, its officers, agents and employees are named as additional insured for liability but only with respect to the use of facilities for City of Palo Alto functions. Notwithstanding any requirement, term or condition of any contract or agreement to which this coverage may apply, the coverage afforded an additional covered party shall be subject to all the terms, exclusions and conditions of this Memorandum of Excess Liability Coverage (07/04) as otherwise applicable. This endorsement is part of the Memorandum of Excess Liability Coverage (07/04) and is effective on the date shown below. All other terms and conditions remain unchanged. Effective Date or Date(s) of Event: Policy Period: Member Agency: Endorsement No.: Issued to: July 1,2005 to June 30, 2006 July 1, 2005 to June 30, 2006 City of Palo Alto 0506-123 Palo Alto Unified School District (PAUSD) 25 Churchill Avenue Palo Alto, CA 94303 GISHAREICLIENTIINDIA-UCALTIPICERTIFICATESIENDORSEMENT0405 A Joint Powers Authority ACCEI Authority for California Cities Excess Liability c/o Driver Alliant Insurance Services Corporation Insurance License No. 0C36861 600 Montgomery Street, 9~ Floor, San Francisco, CA 94111 www.accelpool.org Date Issued:July 18, 2005 Authorized Representative for ACCEL Driver Alliant Insurance Services G/S HARE!CLIENT/IND/A-I!CALTIP/CERTIFICATES/EN DORS EMENT0405 A Joint Powers Authority