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HomeMy WebLinkAboutStaff Report 3556 City of Palo Alto (ID # 3556) City Council Staff Report Report Type: Consent Calendar Meeting Date: 3/4/2013 City of Palo Alto Page 1 Summary Title: CITY/PAUSD 2013 Summer Enrichment Program Title: Staff Recommends Approval of an Agreement with Palo Alto Unified School District (PAUSD) under which the City of Palo Alto (City) will Provide the District with Fiscal Services as part of the PAUSD 2013 Summer Enrichment Program and Provide Collaborative After-School Summer Programs. From: City Manager Lead Department: Community Services RECOMMENDATION 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 to act as the fiscal agent for PAUSD’s 2013 summer enrichment program; and, working in collaboration with PAUSD, provide an after-school camp program and a variety of other summer programs on PAUSD sites. DISCUSSION In 2001, it was agreed that the City and PAUSD would collaborate in order to facilitate summer enrichment programs for PAUSD. The collaboration is evaluated annually and continues to be very successful. The terms and conditions of this agreement are essentially the same as previous years. Staff has modified terms to better define Summer Enrichment programs, that is, they are ancillary learning classes offered by PAUSD and camps are offered by the City that complement, but do not replace or make up, PAUSD classes offered throughout the academic year. The Summer Enrichment programs (classes and camps) are not for credit classes for elementary, middle or high school graduation requirements. City of Palo Alto Page 2 Under the agreement, the City acts as the fiscal agent for PAUSD’s summer enrichment classes at selected schools. PAUSD collects the checks and credit card forms made payable to the City and delivers them to the City. The City deposits the checks and credit card charges into the General Fund, and returns 92 percent of the revenue collected to PAUSD, while retaining the remaining 8 percent as administrative fees for its fiscal services. In 2013 the City anticipates processing $500,000 for PAUSD’s summer enrichment classes for approximately 1,400 participants. In addition to the City’s role as the fiscal agent, PAUSD and the City’s Community Services Department will again work collaboratively to provide summer enrichment recreation and art camps during the summer school period. One of the 2013 summer enrichment/recreation camps is entitled ‘Camp JIVE.’ This Middle School camp takes place during PAUSD Summer School session. City staff will work closely with PAUSD Summer School staff at the summer school campus to provide a variety of activities after summer school ends. Typically located in a classroom on the summer school campus Camp JIVE provides a safe and fun place for students to visit during the afternoons. Participants will meet new friends, swim at Rinconada Pool twice a week, participate in special events, play sports and create art projects. This year the City and PAUSD will also offer a two-week camp that will challenge students to explore and create art. Using a variety of different media, students will learn new art techniques or continue to strengthen their artistic talents. Art Explosion is a full day camp. In the morning and early afternoon students will be in a classroom with a PAUSD teacher and in the afternoon will participate in recreation activities and field trips with the City’s Recreation staff. Both the teacher and Recreation staff work closely to ensure continuity between morning and afternoon programs. In the past, the City has offered Future Authors and Coastal Adventures camps similar to the Art Explosion full day camp. PAUSD will also provide 6 additional classrooms for other City summer camps at no cost to the City as part of this agreement RESOURCE IMPACT The contract will generate sufficient revenues to offset the expense of providing this service; a budget amendment is not required. POLICY IMPLICATIONS The recommendation in this report is consistent with current City policies. City of Palo Alto Page 3 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 - Agreement with PAUSD for the Annual Summer Enrichment Program (DOCX) PAUSD Insurance Cert (PDF) EXHIBIT B - Palo-Alto-Unified-Liability (PDF) ATTACHMENT A 130115 dm 00710142A 1 ANNUAL SUMMER ENRICHMENT PROGRAM AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED SCHOOL DISTRICT This Annual Summer Enrichment Program Agreement (the “Agreement”), dated, for convenience, __________________, 2013 (the “Effective Date”) is made by and between the CITY OF PALO ALTO, a California chartered municipal corporation (the “CITY”) and the PALO ALTO UNIFIED SCHOOL DISTRICT, a unified school district of the State of California (the “DISTRICT”) (individually, a “Party” and, collectively, the “Parties”), in reference to the following facts and circumstances: RECITALS: A. For many years, the Parties have collaborated in providing a summer enrichment program at various DISTRICT schools located within the CITY’s jurisdictional boundary, including the public elementary, middle and high schools. B. The Parties wish to continue to work collaboratively on a summer enrichment program, whereby the CITY will sponsor and manage, directly or indirectly, an after-school summer camp program in conjunction with the summer enrichment school program. C. The Parties wish and fully expect that the DISTRICT’s students will have an opportunity for an enriching, learning experience during the summer months and the CITY’s young residents will have the opportunity to participate in recreational and learning activities. D. The Summer Enrichment programs are ancillary learning classes offered by the DISTRICT and camps offered by the CITY that complement, but do not replace or make up, the DISTRICT classes offered throughout the academic year. The Summer Enrichment programs (classes and camps) may not be taken for credit toward elementary, middle or high school graduation requirements. NOW, THEREFORE, in consideration of the Recitals A through C, inclusive, which are a substantive part of this Agreement, and the following covenants, terms, and conditions, the Parties agree: AGREEMENT: SECTION 1. TERM. 1.1 This Agreement shall have a term of one (1) contract year, commencing as of the Effective Date. The original term may be renewed for two (2) additional, consecutive one- contract year terms, unless and until it is earlier terminated by a Party upon furnishing notice in accordance with Section 6.2. ATTACHMENT A 130115 dm 00710142A 2 SECTION 2. PARTIES’ SUMMER ENRICHMENT PROGRAMS 2.1 At the start of each contract year and prior to offering any classes to the public, the Parties shall agree, in writing, on the Summer Enrichment classes and camps to be offered, including the respective locations of the classes and camps by the DISTRICT and the CITY, respectively, and the start and end dates of each Summer Enrichment class and camp program to be offered during that contract year. 2.2 The CITY will periodically offer a new Summer Enrichment camp program, as appropriate. The Parties agree, in writing, to the camps the CITY will provide and the dates, on which the camps will be held prior to offering to the public. The DISTRICT shall be solely responsible for designing the curricula of the DISTRICT’s Summer Enrichment classes, which shall be scheduled to commence no earlier than 8:00 a.m. and to end no later than 12:30 p.m., Monday through Friday, holidays included. The CITY’s Community Services Department (the “Department”) shall design and provide the camp activities for participants attending the CITY’s Summer Enrichment camps, which shall be offered from 12:30 p.m. to 5:30 p.m., Monday through Friday, holidays included. The Parties may collaborate in other ways in an effort to provide complementary full-day programs for students during the summer season. The commencing and ending times for to-be-specified DISTRICT Summer Enrichment classes and for to-be-specified CITY Summer Enrichment camps may be extended by mutual agreement of the Parties to allow for the conduct of all-day classes and camps. The Parties agree that their individual and joint Summer Enrichment classes and camps programs will include a variety of recreation and/or art programs and field trips, which will be held at various DISTRICT and CITY sites located within the boundaries of Palo Alto. 2.3 In consideration of the DISTRICT’s provision of teacher(s) necessary for the CITY’s Summer Enrichment camps, the CITY will pay the DISTRICT a fee of Five Thousand Dollars ($5,000.00) per teacher, per contract year; the fee shall be deducted from the administrative fee payable to the CITY, as referred to in Section 3.3. The Parties may agree to alternative payment arrangements, which may be dependent on the shorter length of courses and workshops, provided, however, the CITY’s obligation to pay any such administrative fee will extend only to any teacher(s) hired for the CITY’s 2013 Summer Enrichment program, commencing on or after June 10, 2013 and ending on or before August 31, 2013. SECTION 3. DISTRICT OBLIGATIONS 3.1 The DISTRICT shall provide its 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. 3.2 The DISTRICT shall provide a minimum of six (6) classrooms for CITY camps, at no cost to the CITY beyond the administrative fee payable pursuant to Section 3.4, ATTACHMENT A 130115 dm 00710142A 3 3.3 The DISTRICT shall collect the checks, and credit card forms made in payment for the Parties’ Summer Enrichment classes and camps, excluding any camps to be offered at various DISTRICT school sites, which will be made payable to the CITY, and deliver them to the CITY in a manner approved by the CITY’s Revenue Collections Division. The CITY will deposit checks and credit card payments into the CITY’s General Fund. The CITY shall prepare and provide to the DISTRICT an accounting of the deposits, and shall return 92% of the total funds collected to the DISTRICT, and shall retain the remaining eight percent (8%) as an administrative fee for its fiscal services. All supporting documentation relating to the CITY’s role as fiscal agent for the DISTRICT will be available for review by the DISTRICT, upon request. The CITY will directly collect and handle all fees for its own Summer Enrichments camps. 3.4 Student participants enrolling in any of the joint CITY and DISTRICT’s Summer Enrichment classes and camps may register through the CITY’s registration process. The CITY shall prepare and provide to the 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 the City. 3.5 The DISTRICT shall provide teacher(s) who will be necessary to staff the CITY’s Summer Enrichment camps, and will provide the necessary information, in writing, regarding the teacher(s) prior to the commencement of the Summer Enrichment camps. SECTION 4. INDEMNITY 4.1 The DISTRICT will indemnify, defend and hold harmless the CITY and its elected and appointed officials, officers, and employees from and against any and all loss, damage, claim or liability (including, without limitation, reasonable attorneys’ fees) arising or alleged to arise out of the DISTRICT’s negligent acts, errors or omissions in its performance under this Agreement. The 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 the DISTRICT and its contractors, if any, but also, with the exception of workers’ compensation and employer’s liability, naming the CITY as an additional insured concerning DISTRICT’s obligations under this Agreement. 4.2 The CITY will indemnify, defend and hold harmless the DISTRICT and its officers, employees, and board 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 the CITY’s negligent acts, errors or omissions under this Agreement. The CITY is a self-insured governmental entity and therefore will not be required to obtain and maintain, in full force and effect during the term of this Agreement, any insurance coverage, unless they are specifically identified in Exhibit “B.” Any such insurance with the exception of workers’ compensation and employer’s liability, will name the DISTRICT as an additional insured concerning CITY’S obligations under this Agreement. Evidence of adequate self-insurance shall be acceptable compliance with this requirement. SECTION 5. NOTICES ATTACHMENT A 130115 dm 00710142A 4 5.1 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 Division Manager 1305 Middlefield Rd. Palo Alto, CA 94301 To DISTRICT: Superintendent Palo Alto Unified School District 25 Churchill Avenue Palo Alto, CA 94306 SECTION 6. MISCELLANEOUS 6.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 6.2 Either Party may terminate this Agreement upon 120 days’ prior written notice, with or without cause, to the other Party of its intent to terminate this agreement. 6.3 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. 6.4 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. 6.5 This Agreement shall not be modified, unless the parties first agree to and approve of such modification in writing through a duly authorized amendment. 6.6 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. 6.7 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. ATTACHMENT A 130115 dm 00710142A 5 6.8 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 require. A consent to one assignment shall not be deemed to be such a consent to any subsequent 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 by their duly appointed representatives have executed this Agreement as of the Effective Date. APPROVED AS TO FORM: CITY OF PALO ALTO _________________________________ __________________________ Senior Asst. City Attorney City Manager APPROVED: _________________________________ Director of Administrative Services PALO ALTO UNIFIED SCHOOL _________________________________ DISTRICT Director of Community Services By: ___________________________ Name: ___________________________ Title: ____________________________ Attachments: Exhibit “A”: District’s Insurance Requirements Exhibit “B”: City Insurance Requirements CERTIFICATE OF COVERAGE Issue Date ADMINISTRATOR: COVERED PARTY: LICENSE # ENTITIES AFFORDING COVERAGE: ENTITY A: THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS. ENT LTR TYPE OF COVERAGE COVERAGE DOCUMENTS EFFECTIVE/ EXPIRATION DATE MEMBER RETAINED LIMIT / DEDUCTIBLE LIMITS GENERAL LIABILITY EACH OCCURRENCE AUTOMOBILE LIABILITY PROPERTY COMBINED SINGLE LIMIT EACH OCCURRENCE STUDENT PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL PROVISIONS: CERTIFICATE HOLDER: CANCELLATION…...SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING ENTITY/JPA WILL ENDEAVOR TO MAIL _____ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENTITY/JPA, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE [ ] GENERAL LIABILITY [ ] CLAIMS MADE ( ) OCCURRENCE [ ] GOVERNMENT CODES [ ] ERRORS & OMISSIONS [ ] [ ] ANY AUTO [ ] HIRED AUTO [ ] NON-OWNED AUTO [ ] GARAGE LIABILITY [ ] AUTO PHYSICAL DAMAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE EACH OCCURRENCE OTHER $ $ $ $ $ $ $ $ ENTITY B: ENTITY C: ENTITY D: ENTITY E: WORKERS COMPENSATION [ ] EMPLOYERS’ LIABILITY [ ] WC STATUTORY LIMITS [ ] OTHER E.L. EACH ACCIDENT E.L. DISEASE - EACH EMPLOYEE E.L. DISEASE - POLICY LIMITS COMBINED SINGLE LIMIT EACH OCCURRENCE $ $ $ [ ] ALL RISK [ ] EXCLUDES EARTHQUAKE & FLOOD [ ] BUILDER’S RISK $ $ $ www.eCertsOnline.com EXCESS WORKERS COMPENSATION [ ] EMPLOYERS’ LIABILITY $ AFFORDED BY THE COVERAGE DOCUMENTS BELOW. 3 333 NCR 01705-11 7/1/2012 7/1/2013 1,000,00050,000 33333 NCR 01705-11 7/1/2012 7/1/2013 50,000 1,000,000 NCR 01705-11 7/1/2012 7/1/2013 250,000,00050,000 NCR 01705-11 7/1/2012 7/1/2013 50,000 Included Excess Workers Comp WSRSWC00025704 7/1/2012 7/1/2013 500,000 Keenan & Associates 1740 Technology Drive, Suite 300 San Jose, CA 95110 www.keenan.com Northern California ReLiEF A A 10/19/2012 0451271 1,000,000 1,000,000 1,000,000 33 A A D Northern California ReLiEF WCX 0034148 03 7/1/2011 7/1/2012 1,000,0003C Arch Insurance Company 3 408-441-0754 Castle Point Insurance Company Graham Grice Palo Alto Unified School District 25 Churchill Avenue Palo Alto CA 94306 City of Palo Alto Recreation and Youth Sciences 1305 Middlefield Road Palo Alto CA 94301 30XXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXX The City of Palo Alto is named Additional Covered Party as respects to use of facilities at Lucie Stern Community Center for Team building/staff event on December 14, 2012, as scheduled. CERT NO.: 14441806 CLIENT CODE: PALOALTU Marcia Malone 10/19/2012 4:08:37 PM Page 1 of 2 ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR Subject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under “as respects” below. Additional Covered Party: As Respects: ____________________________________________ Authorized Representative Issue Date: 10/19/2012 Palo Alto Unified School District NCR 01705-11 Keenan & Associates The City of Palo Alto is named Additional Covered Party as respects to use of facilities at Lucie Stern Community Center for Team building/staff event on December 14, 2012, as scheduled. City of Palo AltoRecreation and Youth Sciences1305 Middlefield RoadPalo Alto CA 94301 CERT NO.: 14441806 CLIENT CODE: PALOALTU Marcia Malone 10/19/2012 4:08:37 PM Page 2 of 2 CERTIFICATE OF COVERAGE DATE (MM/DD/YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF EVIDENCE ONLY AND CONFERES NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM(S) OF COVERAGE BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGE PROVIDER, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE MEMORANDUM OF COVERAGE MUST BE ENDORSED. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). IMPORTANT: IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE MEMORANDUM(S) OF COVERAGE AN ENDORSEMENT MAY BE REQUIRED. A STATEMENT ON THE CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). NAMED COVERED PARTY PROGRAM AFFORDING COVERAGE A: B: C: COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMORANDUM(S) OF COVERAGE, FOR THE PERIOD SHOWN BELOW, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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 FOLOWING COVERAGE IS IN EFFECT. JPALTR TYPE OF COVERAGE MEMORANDUM NUMBER COVERAGE EFFECTIVEDATE (MM/DD/YY)COVERAGE EXPIRATIONDATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE OCCUR MED EXPENSE (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ MEMOR-ANDUM PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT(Ea accident) $ ANY AUTO $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS WORKERS’ COMPENSATION ANDEMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE/OFFICER/MEMBER EXCLUDED? IF YES, DESCRIBED UNDER SPECIAL PROVISION BELOW WCSTATUTORYLIMITS OTHER E.L. EACH ACCIDENT $ E.L. DISEASE – EA EMPLOYEE $ E.L. DISEASE – POLICY LIMIT $ OTHER OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUM(S) OF COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUM(S) OF COVERAGE PROVISIONS. AUTHORIZED REPRESENTATIVE ACCEL Alliant Insurance Services, Inc. 100 Pine Street, 11th floor San Francisco CA 94111 ACCEL - City of Palo Alto 250 Hamilton Avenue Attn: Sandra Blanch Palo Alto CA 94303 6/29/2012 A Public Entity Liability ACC1213PAL171 7/1/2012 7/1/2013 $2,000,000 $1,000,000 Per Occur S.I.R. 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. Palo Alto Unified School District (PAUSD) 25 Churchill Avenue Palo Alto CA 94303