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HomeMy WebLinkAbout2001-06-04 City Council (9)TO: City of Palo Alto C’ty M ger’s 1 ana eport HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:JUNE 4, 2001 CMR: 261:01 SUBJECT:APPROVAL OF A CONTRACT WITH PALO ALTO UNIFIED SCHOOL DISTRICT (PAUSD) IN WHICH THE CITY WILL PROVIDE FISCAL SERVICES FOR THE PAUSD SUMMER ENRICHMENT CLASS PROGRAM AND PROVIDE A COLLABORATIVE AFTER SCHOOL PROGRAM. RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the Mayor to execute the attached contract with Palo Alto PAUSD authorizing the City to act as fiscal agent for the School District’s summer enrichment class program, and 2.Working in collaboration with PAUSD, provide an after school camp program and a variety of other classes at PAUSD school sites. DISCUSSION Proiect Description Under this contract, PAUSD will provide summer enrichment classes at selected school sites. Additionally, the City and PAUSD have agreed to work collaboratively on a program where the City will sponsor an after school program in conjunction with PAUSD’s summer enrichment school classes Monday through Friday from June 25- July 20, 2001. The combination of these two programs will provide a full day learning and child care environment for Palo Alto children. The City will act as a fiscal agent for PAUSD’s summer enrichment classes at selected elementary schools. PAUSD will collect the checks, made payable to the City, and deliver them to the City. The City .will deposit the checks into the City’s General Fund, and return 92% of revenue collected to the PAUSD while retaining the remaining 8% as administrative fees for its fiscal services. The City will collect and handle all fees for the City run after school programs. CMR:261:01 Page 1 of 2 RESOURCE IMPACT This contract will provide increased revenues to the General Fund of approximately $6,000- $10,000. 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:Agreement between the City of Palo Alto and the Palo Alto Unified School District relating to the summer enrichment program Superintendent, Recreation PAUL THILTGEN Director, Community Services Department CITY MANAGER Assistant City Manager CMR:261:01 Page 2 of 2 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO UNIFIED SCHOOL DISTRICT RELATING TO THE SUMMER ENRICHMENT PROGRAM This Agreement is made this day of , 2001, by and between the City .of Palo. Alto ("City") and the Palo Alto Unified School District ("PAUSD"~). RECITALS WHEREAS, PAUSD and City will be providing a summer enrichment program at various schools within the City of Palo Alto, including Walter .Hayes and Escondido elementary schools and JLS middle school; and WHEREAS, City and PAUSD 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 NOW, THEREFORE, in consideration of the following covenants, terms, and conditions, the parties agree as follows: I. PAUSD shall provide summer enrichment classes in accordance with, and subject to all applicable standards and obligations.required of a public school district, at Escondido, Walter Hayes and JLS schools. The summer program will be Monday through Friday from June 25-July 20, 2001, excluding the July 4th holiday. 2. City shall offer an after school camp at JLS for middle school students attending PAUSD’s summer school program. In addition, City shall offer a variety of other classes, to be held after school at various times throughout each week, to provide activities to those students not enrolled in the after school camp program. 3. PAUSD shall provide classroom and outdoor play areas for the camp and special interest classes, at no cost to City beyond the administrative fee payable pursuant to paragraph 4. PAUSD shall also provide bus transportation to and from JLS for the Tuesday and Thursday swim classes at Rinconada pool. 4. PAUSD shall collect the checks made in payment for the summer enrichment classes at Walter Hayes and Escondido schools, which will be made payable to the City, and deliver 010522 c10032455 them to City. City will deposit the checks into City’s General Fund. City shall prepare and provide to PAUSD an accounting of the deposits, and shall return 92% of the total amount of fees collected for the PAUSD summer enrichment program to PAUSD, 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 PAUSD will be available for review by PAUSD upon request. City will. directly collect and handle all fees for its after school programs. 5. PAUSD 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 City’s role as fiscal agent for the summer school fees, and from and against any and all loss, damage, claim, or liability (including, without limitation, reasonable attorneys’ fees) arising out of PAUSD’s negligent acts, errors or omissions, under this Agreement. PAUSD 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 PAUSD and its contractors, if any, but also, with the exception of workers’ compensation and employer’s liability, naming City as an additional insured concerning PAUSD’s obligations under this Agreement. 6. City agrees to indemnify, defend" and hold harmless PAUSD, its Board members, officers and employees from and against any. and all loss, damage, claim or liability (including, without limitation, reasonable attorneys" fees) arising out of City’s negligent acts, errors or omissions, in connection with its after school programs. City will obtain and maintain, in full force and effect during, the term of this Agreement, the insurance coverage described .in Exhibit "B", insuring not only City and its contractors, if any, but also, with the exception of workers’ compensation and employer’s liability, naming PAUSD as an additional insured concerning City’s obligations under this Agreement. Evidence of adequate self-insurance shall be acceptable compliance with this requirement. 7. 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. 010522 ¢I 0032455 PALO ALTO:City Clerk P.O. Box 10250 Palo Alto, CA 94303 with a copy to:Recreation Superintendent 1305 Middlefield Road Palo Alto, CA 94301 PAUSD :Superintendent Palo Alto Unified School District 25 Churchill Avenue Palo Alto, CA 94306 8. This Agreement shall be governed by and construed, in accordance with the laws of the state of California. 9. 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. I0. 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. ’ II. This. Agreement shall not be modified, unless the parties first agree to and approve of such modificationin writing through a duly authorized amendment. 12. If a court of competent jurisdiction findsor rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement shall remain in effect. 13. The prevailing party in any action brought to enforce the terms of this agreement may recover from the other party its reasonable costs and attorneys’ fees expended in connection with such an action. 14. Neither party shall assign, its interests in this Agreement without the written consent of the other par£y. // // // // 010522 el 0032455 IN WITNESS WHEREOF, the parties have executed this Agreement in Palo Alto, County of Santa Clara, California, on the date first above stated. CITY OF PALO ALTO Mayor ATTEST: PALO ALTO UNIFIED SCHOOL DISTRICT Sup~rint endent APPROVED AS TO FORM: City Clerk APPROVED AS TO FORM:~ District Legal Counsel Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Community Services Director of Administrative Services Attachment: Exhibit "A": Exhibit "B": PAUSD insurance requirements City insurance requirements 010522 cl 0032455 City of Palo Alto Department of Human Resources Risk Management and Safety TEL (650) 329.2294 FAX (650) 327.3809 May 29, 2001 Divisions Administration Employee Benefits Employee Safety Risk Management 650.329.2401 650.327.3809 fax Compensation Employee Relations Employment 650.329.2376 650.329.2696 fax Mr. Augie Lavagnino Risk and Safety Manager Palo Alto Unified School District 25 Churchill Avenue Palo Alto, CA 94306 Dear Mr. Lavagnino, Thank you for permitting the Palo Alto Community Services Department to utilize JLS Middle School and Walter Hays School owned by the Palo Alto Unified School District. The City of Palo Alto is self-insured to the extent of $ 500,000. Such self-insurance is afforded to the Palo Alto Unified School District, its directors, officers, agents and other employees, for liability or loss derived from the Palo Alto Recreation Division After Summer School Program, beginning on June 25 through July 20, 2001. Excess insurance is provided by the Authority of California Cities Excess Liability (ACCEL). Enclosed you will find a certificate of insurance which provide coverage for limits up to $1 million which names the Palo Alto Unified School District, its directors, officers, agents and other employees as an additional insured. Should you have any questions or concerns, please feel free to contact me. Sincerely, Sandra T.R. Blanch Risk Manager EO. Box 10250 Palo Alto, CA 94303 PRODUCER 06-Jul-2000 INSURED Driver Risk Services 500 Washington Street Suite 300 San Francisco~ CA 94111 (415) 371-5400 City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94303 Attn: Sandra Blanch 104 ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ICONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE tDOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE IPOLIClES BELOW. INSURERS AFFORDING COVERAGE Please refer to Coverages section below. ~’~E "I~O’I~i~ClE~ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS .CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CoverageType !Insurer iPollcy EffectivaDate ExpiratlonDate LlmltType iAmount Spectal Excess Liability The Insurance Company of the State of Pennsy 4700-2916 01-Jul-2000 01-Jul-2001 Relained Umit Prod.-CompL Ops Hazard Aggregate Employee Benefit Liability Aggregale Each Occurrence Errors & Omissions Uabilily Aggregate iGeneral Aggregate $500.000 $1,000,000 $1.000.000 $1,000,000 $1.000,000 $1.000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTS/SPECIAL PROVISIONSPAUSD, its officers, agents and employees are named as an additional insured with respect to the use of School District facilities for City Of Palo Alto functions. This certificate cancels and replaces any or all previously Issued certificates. IMPORTANT ~f the cedific~te holder is an ADDIT ONAL INSURI~D, the policy(ies) must be endorsed. A statement on thL~ cedificate does not confer rights to the cerfificale holder in lieu of suchendorsement(s). If SUBROGATION IS WAIVED subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cedificate does not confer dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificele of Insurance on this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the cedlficate holder, nor does it affirmatively or negatively amend, extend or alter Ihe coverage afforded by the policies listed thereon. ~._~_."_, ...........~-.o . ~ i~=~,-~-,,~,.~- ......................_.._ .......~ 3282- 624Palo Alto Unified School District (PAUSD) c/o Ms. Rosemarie Bedmar 25 Churchill Avenue Palo Alto, CA 94303 ACORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT , BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILI’I’Y OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ ~f ~t~f. . © ACORD CORPOI~ 1988