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HomeMy WebLinkAboutC37240 - MOU After School Pgrm - Abraham Lincoln CITY OF PALM DESERT STAFF REPORT MEETING DATE: July 12, 2018 SUBMITTED BY: Veronica Tapia, Senior Management Analyst REQUEST: APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN THE AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL Recommendation By Minute Motion: Authorize the Mayor to execute a Memorandum of Understanding (MOU) between Desert Sands Unified School District (DSUSD) and the City of Palm Desert relative to the Lincoln Elementary School, After School Program (Contract No. C37240 ). Strategic Plan Approval of the MOU with 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 Lincoln Elementary School and Palm Desert Charter Middle School. The City Council reviewed funding for these programs as part of the FY 2018/19 Budget process and, as a result, funding was included within the budget. Background Lincoln Elementary School's After School Program continues to, at minimum, assist 100 students; however, over the course of the school year, as many as 125 students have been accommodated by the program. The City's continued support has provided opportunities to many children to participate in a structured after school program with adult supervision. Lincoln's After School Program will continue to keep youth engaged and prevent children, in many cases, from being left home alone. The program is 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 Lincoln Elementary School staff to undertake administration of the program. STAFF REPORT LINCOLN ELEMENTARY SCHOOL AFTER SCHOOL PROGRAM MOU JULY 12, 2018 PAGE 2 Based on findings from meetings with school representatives, students' grades have increased and fewer students have left the program. In addition, early intervention between the school, parents, and students has resulted in identifying and addressing student's issues early in the school year which has resulted in overall improvement in student performance. Fiscal Analysis Funding in the amount of $75,000 was included within the FY 2018/2019 Budget, Account No. 1104800-4389201. Upon annual review and funding approval, this agreement would remain in effect through June 30, 2021. Unlike programs offered at other Palm Desert elementary schools, this program is not income based and available to all Lincoln Elementary students. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N 2(PAP /14-(-44-"V Robert W. Hargreaves J t Moore net Moore Lauri Aylaian c. -- City Attorney Director of Finance j Director of Finance City Manager CONTENTS: Memo of Understanding for Lincoln Elementary School Formal Request for Funding for Lincoln Elementary School Contract No. C37240 G•rda.Vcronica Tapia'J nance\After School Program MOU S\SR MOO-2018-19 LincolnAflerSchoolProgram 7-12-18 doc Contract No. C37240 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 28, 2018, the City Council of the City of Palm Desert approved the FY 2018/2019 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 2018/19 academic year. Page 1 of 5 72500.00001\31103505.1 DRAFT 5/17/18 Contract No. C37240 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, 2019 on the services provided between July 1 and June 30, 2019, with such detail as City may reasonably request; 8. Term. This Agreement shall be effective as of July 1, 2018 and continue in effect until June 30, 2021, 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, 2021, 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. Page 2of5 72500.00001\31103505.1 DRAFT 5/17/18 Contract No. C37240 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 Page 3 of 5 72500.00001\31103505.1 DRAFT 5/17/18 Contract No. C37420 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 Page 4 of 5 72500.00001\31103505.1 DRAFT 5/17/18 Contract No. C37240 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 12th day of July, 2018, 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 Sabby Jonathan, Mayor Date Attest: Rachelle D. Klassen, City Clerk Date Page 5 of 5 72500.00001\31103505.1 DRAFT 5/17/18 Contract No. C37240 4*i LIB �N Desert Sands Unified School District N.c 0^! Lincoln School * A California Distinguished School 74-100 Rutledge Way. Palm Desert. CA 92260* (760) 862-4340 * Fax (760) 862-4344 Maryalice Alberg Owings, Principal Mayor Sabby Jonathan City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 Re: Request for Funding of the 2018/19 After School Programs Dear Mayor and City Council Members: Abraham Lincoln Elementary School is located in the central region of Palm Desert and serves students in grades transitional kindergarten (TK) through fifth. At the end of the 2017-18 school year. 628 students were enrolled, including 8.9% in special education, 45.1% qualifying for English Language Learner support. and 94.2% qualifying for free or reduced price lunch. The majority of our students live in the area surrounding the school; however we have about 25% that are bus riders. Abraham Lincoln's, City of Palm Desert After School Program (Homework Help), consistently serves 100 students in grades Kindergarten - 5`h, who might otherwise be left at home alone or who come from families whose parents 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 math. This is in addition to the 100 students we serve in our ASES afterschool program funded by a state grant. We currently have an additional 150 students on waiting lists for these after school programs. Our parents are in need of support and truly depend on these services to help keep their children safe, and for us to help them academically. The City of Palm Desert support. also allows us to serve an additional 40 —50 students, who stay one or more days per week to benefit from the tutoring of college-level mentors and district employees dedicated to ensuring each student's academic improvement, and/or enrichment opportunities, such as art, technology. and sports. All of these programs are staffed by positive role models who mentor our students and help teach good conduct and responsible citizenship. We could not offer any of these programs with just the ASES grant. Our strong tutoring program helps students grow 1 or more grade levels, as tested in Accelerated Reader or Lexia/Core5 Reading. The overall program encourages the students to try their best. because they know an adult will be there to support them in a positive environment. The City of Palm Desert stands out for their support of Lincoln Elementary. Lincoln has a population of 94% 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. Our site has had other funding sources cut as our district tries to spread out the Title 1 funds to all schools this Contract No. C37240 next school year. 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 extra fees for our programs, but we could never serve as many families as we do without the city's support of$75,000. Another change that makes our after school program so needed is the change in curriculum that has been mandated from federal and state levels. New curriculum adopted by the State of California has created an instructional gap where parents are often at a loss for how to support their students at home, in the face of the new instructional methods. The Homework Help tutors are one of the keys for our students being successful in school. This is an opportunity we have 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 can continue to provide support for roughly 25% of the 620 students expected at Abraham Lincoln Elementary for the 2018-2019 school year. Hard-working families will continue to have supervision and academic supports for their student, 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've enjoyed with the City of Palm Desert. As the Principal, I invite you to visit our Homework 1-lelp, and to witness the support we are providing, in service to our students and their families. a. Maryalice lberg Owings Principal