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HomeMy WebLinkAbout10 C41740A-B - After School Care ProgramSTAFF REPORT CITY OF PALM DESERT FINANCE DEPARTMENT MEETING DATE: June 24, 2021 PREPARED BY: Veronica Tapia, Senior Management Analyst REQUEST: Approval of 1) a Memorandum of Understanding between Desert Sands Unified School District, Palm Desert Charter Middle School, and the City of Palm Desert; and 2) a Memorandum of Understanding between Desert Sands Unified School District, Lincoln Elementary School, and the City of Palm Desert as it relates to participation in their after school programs. Recommendation That the City Council by Minute Motion: 1)Authorize the Mayor to execute a Memorandum of Understanding (MOU) between Desert Sands Unified School District (DSUSD), Palm Desert Charter Middle School (PDCMS), and the City of Palm Desert relative to the Palm Desert Charter Middle School After School Program (Contract No. C41740A); and 2)Authorize the Mayor to execute a Memorandum of Understanding (MOU) between Desert Sands Unified School District (DSUSD), Lincoln Elementary School (Lincoln), and the City of Palm Desert relative to the Lincoln Elementary School After School Program (Contract No. C41740B). Strategic Plan Approval of the MOU’s with Palm Desert Charter Middle School and Lincoln Elementary School supports the Education Priority 3 by providing the support for the building blocks of student success through an after school care programs available to all students. Executive Summary The City of Palm Desert continues to be an active participant in the after school programs located at Palm Desert Charter Middle School and Lincoln Elementary School. The City Council reviewed funding for these programs as part of the FY 2021/2022 Budget process and, as a result, funding was included within the budget. Background The After School Programs continue to serve approximately 100-150 students at each school. The City’s continued support has provided opportunities to many children to participate in a structured after school program with adult supervision. The After School Program keeps youth engaged and prevents children, in many cases, from being left home alone. In addition, with the increased awareness of the program and students on-going participation from elementary into junior high school, the schools maintain waiting lists throughout the year. The programs are focused on assisting youth in completing homework assignments as well as work in other academic areas. These MOU’s would allow continued collaboration between the parties to implement the program and authorize staff from the schools to administer them. STAFF REPORT AFTER SCHOOL PROGRAM MOU's for PDCMS and Lincoln Elementary June 24, 2021 PAGE2 Lincoln 's After School Program typically assists 100 students ; however, over the course of the 2020/21 school year funding was creatively repurposed to assist students and teachers while maintaining social distancing and school closure requirements set forth by State COVID directives . Lincoln used their funding to provide the Homework Help program for K-5 students who may otherwise be left home alone or come from families who are unable to assist their students academically . The program provides support in daily homework , as well as tutoring in reading and math. It is anticipated that in the upcoming school year, Lincoln will be able to reprise its after school care program once the schools are completely re-opened . PDCMS After School Program has consistently served 140-160 students and their families . The students benefit greatly from the college -leve l mentors and district staff that help guide their educational success . PDCMS also provided tutoring opportunities for their students during the State ordered shut-down . It is their goal to return to the prior levels of participation in the after school program , as well as expand opportunities by providing additional scholarship for those students who have been greatly affected on multiple fronts by the pandemic . Both programs are primarily focused on assisting youth in completing homework assignments and work in other academic areas ; however, social and enrichment activities are also provided to create a well-rounded program . This MOU allows continued collaboration between the parties and authorizes school staff to undertake administration of the program . Fiscal Analysis Funding in the amount of $75 ,000 was included in the FY 2021/2022 Budget, Account No. 1104800-4389201 . Upon annua l review and funding approval , this agreement would remain in effect through June 30 , 2025 . This program is not income based and available to all PDCMS students. LEGAL REVIEW FINANCIAL ASSISTANT DEPT. REVIEW REVIEW CITY MANAGER N/A 9'~ 711 . 711aau, 9'~ 711. 711aau, .Jbu[y :Firestine Robert Hargreaves Janet M . Moore Janet M. Moore Andy Firestine City Attorney Director of Finance Director of Finance Assistant City Manager L. Todd Hileman , City Manager: L. Toolol H-tLeVvt~II\, CONTENTS : Memo of Understanding with Palm Desert Charter Middle School (draft) (C41740A) Formal Request for funding from Palm Desert Charter Middle School Memo of Understanding with Lincoln Elementary School ( draft) (C417 408) Formal Request for funding from Lincoln Elementary School CITYCOUNCILACJ1OM APPROVED--..... L----DENIED ____ _ RECEIVED-----OTHER----- MEETING DATE l.Q.~ · l£2~ AYEs•w ro1 ~, .1o-·a-----,~~-;lliiio/•t ... :i~.0!'--,-!n-®_2_;_,,-Ci-."'--&a-t, NoEs: NoBe , ' .., ABSENT:_.....,..._ ________ ~--- w :1S,aJfRcpor1, -Shared 2\Staff Reports 06-24-202114 -City Clerk -06-24-20211 10 C4 I 740AABS~:Program Agrcements\0 I SR MOU-2021-22 After School Program ()~ 6.24 .2Ldoc VERIFIED BY:_M_h_s_/_S_r ... s __________ _ Orurinal on File with Citv Clerk'• Ofl'"U!A . CONTRACT NO. C41740A Page 1 of 5 72500.00001\31103505.1 DRAFT 5/17/18 AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL Whereas, the Desert Sands Unified School District (DSUSD) administers, operates, and maintains schools within the City of Palm Desert (CITY); and Whereas, the CITY and DSUSD desire to improve after school programs through grants and in-kind services; and Whereas, DSUSD supports and has agreed to apply for grant funding and to provide use of its facilities for after school programs at Lincoln Elementary School; and Whereas, Lincoln Elementary School staff has agreed to create, operate, and administer such after school programs at Lincoln Elementary School with the support and cooperation of DSUSD and the CITY; and Whereas, at its regular meeting of June 24, 2021, the City Council of the City of Palm Desert approved the FY 2021/2022 budget, which included $75,000 for After School Program services at Lincoln Elementary School and DSUSD assuming responsibility as “financial agent” for the administration and distribution of any grant monies received as it relates to the above mentioned “After School Program.” Now, therefore, it is agreed that the CITY will participate and contribute to an After School Program as follows: 1.An After School Program will be provided at Lincoln Elementary School within the City of Palm Desert by Lincoln Elementary School staff; 2.DSUSD will provide in-kind services in the form of facility use for the After School Program; 3.DSUSD will assume responsibility as “financial agent” for administration and distribution of any grant monies received; 4.DSUSD must require the Lincoln Elementary School After School Program to obtain proper background checks and fingerprinting on all volunteers and employees; 5.The CITY will assist DSUSD and Lincoln Elementary School staff in promoting the After School Program through the CITY’s newsletter, press releases, and other means as deemed appropriate; 6.Lincoln Elementary School and the City will collaborate to develop a Civic Engagement Program for implementation at the beginning of the 2021/22 academic year. CONTRACT NO. C41740A Page 2 of 5 72500.00001\31103505.1 DRAFT 5/17/18 7. Use of Funds/Reporting City–provided funds shall be used only for those purposes specified in this Agreement. DSUSD shall report to City no later than July 31, 2022 on the services provided between July 1 and June 30, 2022, with such detail as City may reasonably request; 8. Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2025, unless sooner terminated in accordance with the termination provisions set forth hereinafter. The parties contemplate that this Agreement will remain in effect for the full term, subject to annual review and appropriation of necessary funds. DSUSD shall not be obligated to provide any services for years in which City does not commit and appropriate the necessary funding. 9. Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2025, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving thirty (30) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. If this Agreement is so terminated the DSUSD shall be compensated for the services provided as of the date of said termination based upon services rendered prior to termination, with compensation in proportion to the amount of expenditures and obligations properly shown by reports submitted. In the event that DSUSD has received the full one-time sum provided for in this Agreement at the time of any such termination, DSUSD shall promptly refund any surplus funds to City. Amounts due shall be determined on a prorated basis, with any amounts due to be prorated based upon the period during which the Agreement continued in effect, prior to termination. 10. RELATIONSHIP OF PARTIES: It is understood that the contractual relationship of the DSUSD to the City is that of Independent contractor; DSUSD is not the agent of the City, nor an employee of the City. City shall not direct the manner in which DSUSD provides its services, but DSUSD shall be responsible for the results achieved. The means by which DSUSD provides the services specified hereunder shall be determined solely by DSUSD. City shall exercise no control over the manner and details of performance, the specific hours that any employee of DSUSD may work, who shall be employed by DSUSD or which employee is assigned to any particular function or duties; nor shall City provide supplies or tools utilized to accomplish the tasks undertaken by DSUSD. The City is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by DSUSD. 11. ASSIGNMENT: This Agreement shall not be assigned or duties hereunder delegated by DSUSD without the written consent of the City. 12. AMENDMENT: This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. CONTRACT NO. C41740A Page 3 of 5 72500.00001\31103505.1 DRAFT 5/17/18 13. General Liability Insurance. DSUSD shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 14. Umbrella or Excess Liability Insurance. DSUSD may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, DSUSD may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 15. Workers’ Compensation Insurance. DSUSD shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). DSUSD shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. OTHER PROVISIONS 16. Proof of Insurance. DSUSD shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. 17. Primary/Non-Contributing. Coverage provided by DSUSD shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall CONTRACT NO. C41740A Page 4 of 5 72500.00001\31103505.1 DRAFT 5/17/18 also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 18. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow DSUSD or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. DSUSD hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers. 19. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the DSUSD maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the DSUSD. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 20. Additional Insured Status. General liability policy shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policy. 21. Pass Through Clause. DSUSD agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with providing After School Program services, provide the same minimum insurance coverage and endorsements required of DSUSD. DSUSD agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. DSUSD agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. 22. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City’s Risk Manager. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. 23. HOLD HARMLESS: The DSUSD's relationship to the City is solely that of an independent contractor. No employee of the DSUSD is an employee or agent of the City in any respect, and DSUSD shall be solely responsible for all activities of its employees, agents, its own independent contractors and third parties for all losses, costs, damages or injuries (including wrongful death) caused by or arising out of any act or omission of CONTRACT NO. C41740A Page 5 of 5 72500.00001\31103505.1 DRAFT 5/17/18 the DSUSD, its employees, agents, or independent contractors relating to the services performed or to be performed by DSUSD hereunder. DSUSD specifically agrees to save and hold harmless the City, its officers, employees and agents from any liability or claim of liability arising from performance under this Agreement. In Witness Thereof, this Memorandum of Understanding has been executed this ____ day of ___________, 2021, for a period of one year, after which it may become eligible for renewal, subject to agreement by both parties. DESERT SANDS UNIFIED SCHOOL DISTRICT ______________________________________________ Scott Bailey, Superintendent Date LINCOLN ELEMENTARY SCHOOL/ AFTER SCHOOL PROGRAM OPERATOR ______________________________________________ Maryalice Owings, Principal Date CITY OF PALM DESERT _____________________________________________ KATHLEEN KELLY, MAYOR Date Attest: _____________________________________________ M. GLORIA SANCHEZ, ACTING CITY CLERK Date [This page has intentionally been left blank.] / � r� � ��� `�{,r � �L� N ��s March 24, 2021 Abraham Linco�n Elementary School Desert Sands Unified School District 74-140 Rutledge Way, Palm Desert, CA 92260 (760} 862-4340 * Fax (760) 862-4344 Maryalice Alberg Owings, Principal City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 Re: Req�aest for Funding for the 202� -2022 After School Programs Dear Mayar and City Council Members: Abraham Lincoln Elementary Schoo! is located in the cen#ral region of Palm Desert and serves students in grades transitional kindergarten (TK) through ffth. At the end of the 2Q2Q -2021 school year, 627' students were enrolled, including 11.9% in speciaE educatfon, 39.'! % qualifying for English Language Learner support, and 91.2% qualifying for free or reduced-price lunch. The majority of our students li�e in the area surrounding the school; howe�er, we have about 30% that are bus riders. Abraham Lincoln's, City of Palm Desert After Schoo! Program (Homework Hel�), consistently serves 80-90 students in grades Kindergarten - 5th, who might otherwise be left at home alone or who come from famiiies whose �arents do not speak English well enough to help their students academically. Our program offers support in daily homework, as well as tutoring in reading and ma#h. We usually have an additional number of students on waiting lists for these after-schoal programs that we try to accommodate when space allows. Our parents require support and truly depend on these services to help keep their children safe, and for us to help them academicatly. The City of Palm Desert support, also allows us to serve an addi#ional 40 — 50 students, who stay two or more days per week to benefit from the tutoring by college-level mentors and district employees dedicated to ensuring each student's academic improvement, andlor enrichment opportunities, such as art, technology, and sports. Positive role mode[s, who mentor our students, teach good conduct and responsible citizenship, s#aff all of #hese programs. Our strong tutoring program has hel�ed students grow one or more grade le�els as assessed by LexialCore 5 Reading and Accelerated Reader. The o�erall program encourages the students to try their bes# because they know ar� adult wi11 be there to support #hem in a positive envi�onment. The City of Palm Desert stands out for its support of Lincoln Elementary School. Lincoln has a population of 91% of students receiving free or reduced lunch, due to the families' income, proving there is a definite need in this community for supports this program offers. We have a high need to keep students safe and to help our working families make ends meet. Due to the high poverty at Lincoln Elementary, we do not charge any fees for our programs, but we could never serve as many families as we do without the ciry's support of $75,000. This year, even with our buildings being closed we have continued to offer support to students in reading and math over distance learning. The tutors are helping fill an instructional gap where parents are often at a loss for how to support their students at home, in the face of new instructional methods. The Homework Help tutors are one of the keys to our students being successful in school. This program provides an opportuniry for students who are struggling and/or falling behind in their academic grades, to get help. Our Homework Help has made the difference between lagging behind and steady academic improvement. The continued support of the City of Palm Desert would ensure that we could continue to provide support for roughly 25% of the 630 students expected at Abraham Lincoln Elementary for the 2021-2022 school year. Hard-working families will continue to have supenrision and academic supports for their students, while the students will have a safe place where they can learn and grow after school hours. The focus of Homework Help will always be on improving Math and Reading. Our tutors will continue to guide students through the many challenges of learning to read and compute while keeping them safe for their families. We are proud of our program and of the collaboration, we have enjoyed with the City of Palm Desert. As the Principal, I invite you to visit our Homework Help and to witness the support we are providing, to our students and their families. Sincerely, �_G�VI �/ ' � ��/ Marya ce Alberg Owings Principal CONTRACT NO. C41740B Page 1 of 5 72500.00001\31239903.1 DRAFT 6/26/18 AGREEMENT BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT, PALM DESERT CHARTER MIDDLE SCHOOL, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER SCHOOL PROGRAM AT PALM DESERT CHARTER MIDDLE SCHOOL Whereas, the Desert Sands Unified School District (DSUSD) administers, operates, and maintains schools within the City of Palm Desert (CITY); and Whereas, CITY, Palm Desert Charter Middle School (PDCMS), and DSUSD all desire to improve after school programs through grants and in-kind services; and Whereas, DSUSD supports and has agreed to apply for grant funding and to provide use of its facilities for after school programs at Palm Desert Charter Middle School; and Whereas, PDCMS has agreed to create, operate, and administer such after school programs with the support and cooperation of DSUSD and CITY; and Whereas, at its regular meeting of June 24, 2021, the City Council of the City of Palm Desert approved the FY 2021/2022 budget, which included $75,000 for After School Program services at Palm Desert Charter Middle School, contingent upon DSUSD assuming responsibility as “financial agent” for the administration and distribution of any grant monies received as it relates to the above mentioned “After School Program.” Now, therefore, it is agreed that CITY will participate and contribute to an After School Program as follows: 1.An After School Program will be provided at Palm Desert Charter Middle School within the City of Palm Desert by PDCMS staff; 2.DSUSD will provide in-kind services in the form of facility use for the After School Program; 3.DSUSD will assume responsibility as “financial agent” for administration and distribution of any grant monies received; 4.DSUSD must require the PDCMS After School Program Operator to obtain proper background checks and fingerprinting on all volunteers and employees; 5.CITY will assist DSUSD and PDCMS in promoting the After School Program with CITY through CITY’s newsletter, press releases, and other means as deemed appropriate; CONTRACT NO. C41740B Page 2 of 5 72500.00001\31239903.1 DRAFT 6/26/18 6.Palm Desert Charter Middle School and the City will collaborate to develop a Civic Engagement Program for implementation at the beginning of the 2021/22 academic year. 7.Use of Funds/Reporting City provided funds shall be used only for those purposes specified in this Agreement. DSUSD shall report to City no later than July 31, 2022 on the services provided between July 1, 2021 and June 30, 2022, with such detail as City may reasonably request. Such report shall be made annually thereafter, for the years that this Agreement remains in effect. 8.Term. This Agreement shall be effective as of July 1, 2021 and continue in effect until June 30, 2025, unless sooner terminated in accordance with the termination provisions set forth hereinafter. The parties contemplate that this Agreement will remain in effect for the full term, subject to annual review and appropriation of necessary funds. DSUSD shall not be obligated to provide any services for years in which City does not commit and appropriate the necessary funding. 9.Unilateral Termination. Despite the provisions that this contract shall be in force until June 30, 2025, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving thirty (30) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. If this Agreement is so terminated the DSUSD shall be compensated for the services provided as of the date of said termination based upon services rendered prior to termination, with compensation in proportion to the amount of expenditures and obligations properly shown by reports submitted. In the event that DSUSD has received the full one-time sum provided for in this Agreement at the time of any such termination, DSUSD shall promptly refund any surplus funds to City. Amounts due shall be determined on a prorated basis, with any amounts due to be prorated based upon the period during which the Agreement continued in effect, prior to termination. 10. Relationship of Parties. It is understood that the contractual relationship of the DSUSD to the City is that of Independent contractor; DSUSD is not the agent of the City, nor an employee of the City. City shall not direct the manner in which DSUSD provides its services, but DSUSD shall be responsible for the results achieved. The means by which DSUSD provides the services specified hereunder shall be determined solely by DSUSD. City shall exercise no control over the manner and details of performance, the specific hours that any employee of DSUSD may work, who shall be employed by DSUSD or which employee is assigned to any particular function or duties; nor shall City provide supplies or tools utilized to accomplish the tasks undertaken by DSUSD. The City is not responsible for salary reimbursement or provisions, and grant funds cannot be used to fund any wage, salary or benefits offered by DSUSD. 11. Assignment. This Agreement shall not be assigned or duties hereunder delegated by DSUSD without the written consent of the City. CONTRACT NO. C41740B Page 3 of 5 72500.00001\31239903.1 DRAFT 6/26/18 12. Amendment. This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 13. General Liability Insurance. DSUSD shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 14. Umbrella or Excess Liability Insurance. DSUSD may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, DSUSD may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: •A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; •Pay on behalf of wording as opposed to reimbursement; •Concurrency of effective dates with primary policies; •Policies shall “follow form” to the underlying primary policies; and •Insureds under primary policies shall also be insureds under the umbrella or excess policies. 15. Workers’ Compensation Insurance. DSUSD shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). DSUSD shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers. OTHER PROVISIONS 16. Proof of Insurance. DSUSD shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. CONTRACT NO. C41740B Page 4 of 5 72500.00001\31239903.1 DRAFT 6/26/18 17. Primary/Non-Contributing. Coverage provided by DSUSD shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 18. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow DSUSD or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. DSUSD hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers. 19. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the DSUSD maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the DSUSD. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 20. Additional Insured Status. General liability policy shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policy. 21. Pass Through Clause. DSUSD agrees to ensure that its sub-consultants, sub- contractors, and any other party involved with providing After School Program services, provide the same minimum insurance coverage and endorsements required of DSUSD. DSUSD agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. DSUSD agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. 22. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City’s Risk Manager. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these specifications unless approved by City. CONTRACT NO. C41740B Page 5 of 5 72500.00001\31239903.1 DRAFT 6/26/18 23. Hold Harmless. The DSUSD's relationship to the City is solely that of an independent contractor. No employee of the DSUSD is an employee or agent of the City in any respect, and DSUSD shall be solely responsible for all activities of its employees, agents, its own independent contractors and third parties for all losses, costs, damages or injuries (including wrongful death) caused by or arising out of any act or omission of the DSUSD, its employees, agents, or independent contractors relating to the services performed or to be performed by DSUSD hereunder. DSUSD specifically agrees to save and hold harmless the City, its officers, employees and agents from any liability or claim of liability arising from performance under this Agreement. In Witness Thereof, this Memorandum of Understanding has been executed this _____ day of ___________, 2021, for a period of one year, after which it may become eligible for renewal, subject to agreement by both parties. DESERT SANDS UNIFIED SCHOOL DISTRICT ____________________________________________ Scott Bailey, Superintendent Date PALM DESERT CHARTER MIDDLE SCHOOL/AFTERSCHOOL PROGRAM OPERATOR ____________________________________________ Sallie Fraser, Principal Date CITY OF PALM DESERT ____________________________________________ Kathleen Kelly, Mayor Date Attest: ______________________________________________ M. Gloria Sanchez, Acting City Clerk Date [This page has intentionally been left blank.] . �*° ��r's<. _ e� � .;�,� _ �� x �' D CHAR.TEI� MIDDLE SCHOOL A Califoraia Gold Ribbon School Veronica Tapia Senior Management Analyst City of Palm Desert 73510 Fred Waring Drivs Palm Desert, CA 92260 Dear Ms. Tapia: April 14, 2021 As the director of the Bridges After School Program at Palm Desert Charter Middle School (PDCMS), I am honored to lead this program. The Bridges program has been established largely through the support of the City of Palm Desert. And since its inception, it has been cemented into a core support system for students and families. For the last nine years, the program has consistently served 140-160 students and their famifies on a weekty basis. Our PDCMS students greatly benefit from the college-level mentors and district employees that guide their education and success. The program continues to offer enrichment opportunities for our students through art, technology, and sports programs. The ongaing energy and positivity of our tutors model and champion the merits of good conduct and responsible citizenship. Year after year the pragram has consistently achieved strong academic results from the efforts and structures of the curriculum and staff. The group continues to achieve a 3.3 grade point average fior all participating students. The culture of the program fosters a speedway for 6th graders transitioning into middle school white focusing on adapting and preparing our 7th and 8th-grade students for the transition to high school. The Bridges program has become a support hub for those needing additional support and the program has become the fiaison and advocate of the students with teachers while navigating th�ir �ducation at pD�l1�S. Middie school is a developmentaify important stage in our students' lives, and yet there is often little support available to them. Contrasting to that, the City of Palm Desert stands out for consistently supporting PDCMS which traditionally does not receive additional state funding far our low-income students, yet 52.6% of aur student population is identified as Socioeconomically Disadvantaged as identified by free and reduced lunch qualificatians. It is evident that there is a need in our community for the Bridges program. The consistent $75,000 annual scholarship that the city provides for PDCMS families keeps the cost of the program accessible in order to benefit from tutoring services that would otherwise be out of reach. Over the last few years, our tutors have helped close the instructional gap for families and students Palm Desert Charter Midclle School Home of the Pantlters 74200 Rutledge Way, Palm Desert, CA 92260 Phone: 760-862�320 ti>>�vw.dsusd.us/schools/pdczns �'�� � ��M FAX: 760-862-4327 f��x,w,.r�.'aa'���,Tt#� 4,�"i�"� _�F���.sl*`..�'"s". .. ' ` ^t�� � �..s��'"���»'i�.;�sai�_^c:.'�.i'��t'1`�—�.�.,�r'.Y?�-'-�. D CHARTEl� MIDDLE SCHOOL A California Gold Ribbon School under the changes in the curriculum by federal and state-mandated instructianal methods. The program has been an ally to our educators in supplementing instruction for the ongoing changes in education. And with the further utilization of digital platforms, our program will continue to bridge that gap to ensure our students cantinue to prosper. The Bridges staff members have professionally benefited from their drive to become educators and being afforded an opportunity to help guide the students to a successful path. Their enthusiasm to teach has fostered the deveiopment of teachers, counselors, and career advisers in our local schools. Through their role-modefing, tutors have encouraged the ongoing involvement of our program alumni by providing support as volunteers to their younger counterparts. With all of the program's positive components and support to our school and comrnunity, the Bridges After School Program has not been immune and, in fact, is limited by the in-person education challenges applied to schools due to public safety. Currently, there are no in-person after-school programs allowed at the middle school level which has prevented our program from being rolled out this school year. fn any case, we have created possible options for the program to continue with strict procedures in place in order to safely support our PDCMS community. With all considered options, we remain committed to promoting rigorou5 academics with Math and Language Arts at the core. The anecdotal information that families share with us about learning loss and school connection will make it fundamental to continue the Bridges After School Program. This service has always been there to provide aur students an opportunity for growth and development that produces confidence and success. This will be a successful proposition on{y possible through the cortir�u�d �up�orf from the Ciiy of Faim Desert. We hope that we can further expand the program with quality hires, lower the cost of the program and further provide scholarship opportunities for ihose socioeconomically disadvantaged students who have greatly been affected on multiple fironts by our current situation. We are proud of this program and the relation produced by working with the City of Palm Desert. As the Program Director, I invite you to visit our program to fully experience the exceptional work and learning environment that we are dedicated to continuing to offer to our students and families. � , _ � � Sallie Fraser, Principal, PDCMS Alfredo Ruiz, Bridges Director, PDCN�Cvunselor �"� � Palm Desert Charter Middle School ��� Home of the Panthers �M' 74200 Rutledge Way, Palm Desert, CA 92260 Phone: 760-862-4320 FAX: 760-862-4327 wwtiv.dsusd.us/schools/pdc�ns Bridges After School Program Welcome Back Panther Families! Standing of Program April 2021 • PDCMS is currently limited to no after school programs by district safety plan. And yet we have 9 tutors standing by for student support. • Our program information is ready for parent distribution pending expansion of after school opportunities for students. Our staff is ready for intake of new students and families. • New electronic supports and additional enrichment supplies have been ordered • Campus facilities and supplies have been secured thanks to faculty and campus support. Virtual Bridges Tutoring Support -Available to all PDCMS Students (All Days- Free) Option if no after school expansion is available • 1:OOpm Humanities (LA& SS) Support by grade level o Focus on Writing Support, Reading Comprehension, and History Review. • 2:OOpm Math Support by Grade Level + Compacted Math in 7tn & 8tn grade • 3:OOpm Science Support by Grade Level • 4:OOpm 4:30pm Elective & individual consultation Morning Bridges Tutoring- Support morning working families Option if morning expansion is available • 1 Group of 20 Students per Grade Level + Siblings =4 Groups • 5$ for two days, free of charge for after school participants if available. • 7:OOam -7:30am Academic Planning+Tutoring • 7:30-7:45am Outdoor Supervision • 7:50 Grab and Go Breakfast and dismissal to 1st period teacher • Outdoor Setting Extending the PDCMS Day Option if after school expansion is available General Information: • Lunch will be provided through grab-and-go school lunches. • Student will benefit from 2 hours of daily homework help time and 1 hour of Enrichment time • Bridges will provide charging stations for devices that students utilize during the instructional day (Chromebook/computers) • Cost of Program Weekly $20 for two days of cohort and Distance Learning Wednesday= 12 hours o$35 for two siblings for two days of cohort and Distance Learning Wednesday Cohort Structures: • 12 Students with 1 tutor • Anticipated 6 classes per cohort = 12 total classes 0 2 classes per grade (6th, 7th, and 8th grade)= 6 • Cohorts extend with school day o A= Monday and Tuesday o B= Thursday and Friday • Siblings grouped together when possible. • Students maintain with same group for duration of program. o Snack time, 2 homework hours and activity time. • Students carry their own device, charging station provided during snack time • Students work independently with guidance and support from tutors as needed Homework Time: • Students clean individual stations following school and district safety plan before use. • Students are seated distanced from each other following safety plan. • Tutors will work with students to manage assignment completion and accuracy. • Class time will be utilized for restroom breaks to minimize restroom congregation • Class will take study breaks due to the length of the program. • Students will leave class with work completed or task list to be completed home. Enrichment Time: • Students clean individual activity materials following school and district safety plan before use. • Students seat distanced from each other following safety plan. • When activities are outside, students will maintain distance from each other. • Activities will rotate on a weekly basis. o Art, Games, Technology, Sports • Class time will be utilized for restroom breaks to minimize restroom congregation. • Class may start earlier if all students in class have completed assignments. • Access on Wednesday to host tutor Cohort A Schedules: Monday & Tuesday • 12:20pm PDCMS class day ends • 12:25pm Outdoor Lunch and Charging Station • 1:OOpm 1st Homework Hour • 1:55pm Student Break • 2:10 pm 2nd Homework Hour • 3:00 pm Enrichment time • 4:OOpm -4:30pm Dismissal Cohort B Schedules: Thursday & Friday • 12:20pm PDCMS class day ends • 12:25pm Outdoor Lunch and Charging Station • 1:OOpm 1st Homework Hour • 1:55pm Student Break • 2:10 pm 2nd Homework Hour • 3:00 pm Enrichment time • 4:OOpm -4:30pm Dismissal • Access on Wednesday to host tutor Future Possibilities: • When schools expand in-person education, it can allow merging of cohorts. • Reintroduction of grade level only tutoring classes. • Bridges would continue enrichment activities on weekly rotations and students maintaining safe distance from each other. • Continue utilizing class time for restroom breaks to minimize restroom congregation. • Expand service times to school schedule Fast Forward 2021-2022 Expand program to prior stability: • Program hours can resume to family work friendly 5:30 pm daily. While continue to serve 140 students or about 10% of PDCMS student population. And allow further expansion with quality hires. • 2-3 hours of daily homework support and 1 hour of daily enrichment programming, with further expansion of available activities. • Continue academic competition and rewards with celebrations and ceremonies • Resume community agency presentations. Financial Responsibility to PDCMS community: • Further subsidize cost of program to financially burdened families. • Provide multiple-sibling discounts to families. • Renew technology inventory after obsolescence of most Chromebook devices. • Update printed materials for students to utilize for assignment completion.