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HomeMy WebLinkAboutC29160 - MOU After-School Pgrm @ Lincoln Elementary School Contract No. C29160 �.^-,�,_� CITY OF PALM DESERT � � ; ( , �\,� ,, �� �I'�'ta��� " I I ��F' Community Services Division � �{� . • Staff Report REQUEST: REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, THE YMCA OF THE DESERT, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst DATE: July 9, 2009 CONTENTS: Memorandum of Understanding RECOMMENDATION: By Minute Motion, authorize the Mayor to execute a Memorandum of Understanding between the Desert Sands Unified School District, the YMCA of the Desert, and the City of Palm Desert as it relates to participation in an After School Program at Lincoln Elementary School (Contract No. C 29160 ), EXECUTIVE SUMMARY: The City of Palm Desert is an active participant in after school programs located at Lincoln Elementary School and Palm Desert Charter Middle School. This agreement will allow this program to continue for the 2009/2010 academic year at Lincoln Elementary School. BACKGROUND: The Lincoln Elementary School After School Program currently serves approximately 100 students and maintains a waiting list ranging from 15 to 30 more. The program costs of $75,000 are adequate to fund this program in the 2009/2010 school year and have been approved in the City of Palm Desert's Fiscal Year 09/10 budget. This Memorandum of Understanding will allow the continued collaboration befinreen Desert Sands Unified School District and the City of Palm Desert to implement the After School Program at Lincoln Elementary Schoof and authorizes staff from the YMCA of the Desert to administer the program. The Memorandum of Understanding is attached and outlines the specific parameters of this agreement. CITY COUNCIL STAFF REPORT JULY 9, 2009 RE: MOU BETVNEEN DESERT SANDS UNIFIED SCHOOL DISTRICT, THE YMCA OF THE DESERT, AND THE CITY OF PALM DESERT AS IT RELATES TO PARTICIPATION IN AN AFTER SCHOOL PROGRAM AT LINCOLN ELEMENTARY SCHOOL Therefore, staff recommends that the City Council authorize the Mayo to execute the subject Memorandum of Understanding. ��� � PATRICIA SCULLY, CFEE PAUL S. G ,.�,EM,fDR MAN E11�IENT ANALYS FINANCE ECT R/CITY TREASURER � ; k j li `- � � (j s ., � J I 4 z �' C. � SHEILA R. GILLIGAN J M. WOHLMUTH ACM/COMMUNITY S ICES MANAGER PS:mpg CITY COUNCILAC�.T'ION APPROVED DF,NiED RECENED QTHER MEETI. /�l,�/1 - AYES: � / � (r,r , 1 . NOES: ABSENT: '� ` ABSTAIN: VERIFIED BY: Original on File with City erk's Of�ce 2 Contract No. C 29160 MEMORANDUM OF UNDERSTANDING BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT, THE YMCA OF THE DESERT, 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, CITY, the YMCA of the Desert (YMCA), 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 the Lincoln Elementary School and the Palm Desert Middle School; and Whereas, YMCA has agreed to create, operate, and administer such after school programs at Lincoln Elementary School with the support and cooperation of DSUSD and CITY; and Whereas, at its regular meeting of June 25, 2009, the City Council of the City of Palm Desert approved the 2009/2010 budget, which included $75,000 for after school program services at Lincoln Elementary School, contingent upon YMCA implementing said program 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 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 YMCA with said program operational plan; 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. CITY will assist DSUSD and YMCA in promoting the After School Program with CITY through CITY's newsletter, press releases, and other means as deemed appropriate; Page 1 of 2 Contract No. C29160 ATTACHMENT A Lincoln Elementary School After School Program MEMORANDUM OF UNDERSTANDING 2000-2010 Academic Year This Memorandum of Understanding (MOU) is entered into by the City of Palm Desert (City), Desert Sands Unified School District(DSUSD),and the Family YMCA of the Desert(YMCA)to fulfill the partnership requirements of the Lincoln Elementary School after school program. The intent of this MOU is to establish the formal working relationship and sets forth the respective partnership roles and responsibilities of the City,DSUSD, and the YMCA. YMCA: 1. Provide NCLB qualified staff inembers for an adult to student ratio not to exceed 1 — 20 for up to 100 students and maintain an active substitute list. 2. Provide a site coordinator to supervise a consistent team of line staff, monitor staff attendance and punctuality over contract term and maintain records that include a roster of staff qualifications. 3. Site coordinator will plan and administrate after school program in collaboration with site administrator with duties to include; daily attendance, snack counts, sign in/out logs. Site coordinator will ensure compliance with established early release policy. 4. Align all program components with regular school day including discipline. 5. May use district materials, equipment/facilities and assumes the responsibility for such equipment and agrees to repair or replace any equipment damaged,stolen or lost while under its jurisdiction. Equipment may not leave school site. 6. Regular communication between The YMCA,The City of Palm Desert, and site staff will include program updates along with parent communications. 7. Schedule staff development which incorporates trainings provided by DSUSD After School Programs Department and DSUSD RIMS 10 team. 8. Assure after school staff use of communication system. 9. Submit invoices for staff and materials for training sessions provided by and paid by the After School Program Department. Invoices should include detailed time sheets and staff development agendas. 10. Submit weekly activity schedules to site administrator for the purpose of evaluation of the program. The activity schedule should include an outline of services provided,special events and invited guests and speakers. 11. Agree to follow a�l DSUSD hiring procedures and provide copies of requested insurance policies as listed in the Independent Contractors Agreement 8.1.3. 12. Students will not be asked to fund raise without consent of the site administrator and the City of Palm Desert. 13. Will follow two step action plan which includes a preliminary meeting between DSUSD ASES Director or designee, site administrator or designee, YMCA, and a representative of the City to form an action plan with specific mutually agreed upon recommendations. A secondary follow up meeting will be held between DSUSD Director of After School Programs or designee, site principal or designee, YMCA, and a representative of the City within two weeks of the initial meeting to evaluate effectiveness of the action plan. If requirements are still not met even after corrective efforts, Section 6 of the Independent Contractors agreement will be in effect. 14. The YMCA will supervise and coordinate the civic engagement/mentoring program between the City and site,which will be implemented at the beginning of the academic year. 15. A yearly report of in-kind services and the appropriate estimated value will be submitted by the YMCA to the DSUSD After Schools Program Department for reporting purposes. 16. Purchases of equipment or materials must be approved by the City prior to entering into any agreement for same. Use of funds provided by the City for implementation and/or operation of this after school program to purchase fixed assets or materials and/or equipment which will be retained by DSUSD and/or the YMCA is strictly prohibited. Contract No. C29160 This MOU is for activities rendered between July 1, 2008, and June 30, 2009. If modifications are necessary to complete this agreement, they will be added or subtracted by mutual consent of all parties involved. Contract No. C29160 ATTACHMENT B DESERT SANDS UNIFIED SCHOOL DISTRICT INDEPENDENT CONTRACTOR SERVICES AGREEMENT This Independent Contractor Services Agreement dated the day of , 20_ ("Agreement"), is entered into in the County of Riverside, State of California, by and between Desert Sands Unified School District("District"), and ("Consultant"). WHEREAS, A. The District desires to contract for services to be performed by Consultant; and B. Consultant is qualified to provide these services ("Services") and is willing to do so under the terms of this Agreement; and C. Both the District and Consultant desire to memorialize the terms and conditions of their Agreement. D. This Agreement complies with the Public Contract Code requirements for selection of an independent contractor in the following circumstances (Check one or more): X The Services to be provided constitute special services pursuant to Government Code section 53060. _The Services to be provided have been bid pursuant to Public Contract Code section 20111. _X_Other: Program funding provided by the City of Palm Desert in the amount of $89,616.00 NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties agree as follows: 1. DUTIES OF CONSULTANT 1.1.Consultant shall perform the services described in the scope of work attached and incorporated as Exhibit"A," in accordance with: 1.1.1. The standards of its profession and to District's satisfaction; 1.1.2. This Agreement; and 1.1.3. The Consultant's proposal to the District dated Independent Contractor Services Agreement Contract No. C29160 Where terms of this Agreement, including Exhibit"A" hereto, conflict with terms of other incorporated documents, the terms of this Agreement and Exhibit "A" shall take precedence. 1.2.Consultant shall be solely responsible for the professional performance of the Services, and shall receive no assistance, direction, or control from the District, except as specifically indicated in this Agreement. 1.3.Consultant shall coordinate its Services with those of District staff and other District consultants, and take direction as to timing and coordination from the District's representative or as the District specifies. 2. COMPENSATION 2.1.[ FIXED FEE—Include if this is the preferred payment structure.] District shall pay Consultant for services described in Exhibit "A" and satisfactorily completed �� [ALTERNATIVE: HOURLY FEE WITH NOT TO EXCEED AMOUNT] District shall pay Consultant for services described in Exhibit "A" and satisfactorily completed, on an hourly basis using the fee structure described in Exhibit "B," not to exceed a total of$ without prior written approval by the District. 2.2.Consultant shall invoice the District monthly, showing an itemization of the hours worked, the services rendered and the associated charges. District shall pay Consultant all undisputed amounts within thirty (30) days of receipt of the Consultant's invoice. 2.3.The rate of compensation to Consultant may be revised only by prior written approval of both the District and Consultant. 3. TERM 3.l.The term of this Agreement shall be for one L1� year, from July 1, 2008, through June 30, 2009. (Not to exceed five (5) years.) 3.2.This Agreement will terminate upon the completion of the Services or when terminated as set forth herein, but in no case more than five (5) years from the date of commencement of this Agreement. Independent Contractor Services Agreement Contract No. C29160 4. CONSULTANT'S STATUS 4.1.Consultant shall act as an independent contractor and shall not be an employee, officer, agent, partner, or joint venturer of the District by virtue of this Agreement. 4.2.Consultant shall have and shall require its employee(s) and/or subcontractor(s) at all times during the performance of the Services of this Agreement to have all applicable licenses, certificates, and permits usual and/or necessary for conducting the Services hereunder, if any. S. CONFLICT OF INTEREST S.l.Consultant understands that its professional responsibility is solely to the District. Consultant warrants that it and its employees and/or subcontractors presently have no interest and will not acquire any direct or indirect interest that would conflict with its performance under this Agreement, including, without limitation, any direct and/or indirect interest in any of the following: 5.1.1. Entity(ies)performing services in the same discipline and in competition with any independent contractor under contract with the District; 5.1.2. The District. 6. TERMINATION 6.1.The District may terminate this Agreement by giving ten(10) days written notice to the Consultant. The District may terminate the Agreement without cause. 6.2.Consultant may terminate this Agreement by giving thirty (30) days written notice to the District. The District shall pay Consultant for the work done or services rendered to District's satisfaction up to the time of termination within thirty (30) days of Consultant's submittal of its final invoice. 7. OWNERSHIP OF WORK All documents furnished to Consultant by District, and all designs, plans, software, reports, specifications, drawings, schematics, prototypes, models, inventions and all other information and items made or developed under this Agreement, and copyrights therefore, are District's property and shall be given to District within seven(7) calendar days of the completion of Consultant's services, or within seven (7) calendar days of the termination pursuant to this Agreement. 8. INSURANCE Independent Contractor Services Agreement Contract No. C29160 8.1.The Consultant shall procure and maintain at all times it performs any portion of the Services the following insurance with minimum limits equal to the amount indicated below. 8.1.1. Commercial General Liabilitv and Automobile Liabilitv Insurance. Commercial General Liability Insurance and Any Auto Automobile Liability Insurance that shall protect the Consultant, the District, and the State and their trustees, officers, employees, representatives, and agents from all claims of bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising from performing any portion of the Services. (Form CG 0001 and CA 0001) (Refer to chart below.) 8.1.2. Workers' Compensation and Emplovers' Liability Insurance. Workers' Compensation Insurance and Employers' Liability Insurance for all of its employees performing any portion of the Services, in accordance with the provisions of section 3700 of the California Labor Code ("Workers' Compensation Statute"). If any class of employee or employees engaged in performing any portion of the Services under this Agreement are not protected under the Workers' Compensation Statute, adequate insurance coverage for the protection of any employee(s) not otherwise protected must be obtained before any of those employee(s) commence performing any portion of the Services. (Refer to chart below.) 8.1.3. Professional Liabilitv (Errors and Omissions� Professional Liability (Errors and Omissions) Insurance as appropriate to the Consultant's profession. (Refer to chart below.) Type of Coverage Minimum Re uirement Commercial General Liability Insurance and Any Auto Automobile Insurance, including Bodily Injury, Personal Injury, Property Damage, Advertising Injury, and Medical Payments Each Occurrence $ 1,000,000 General A re ate $ 1,000,000 Professional Liabili $ 1,000,000 Workers Com ensation Statuto Limits Em lo er's Liabili $ 1,000,000 8.2 Proof of Carriage of Insurance. The Consultant shall not commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverage has been delivered in duplicate to the District and approved by the District. Certificates and insurance policies shall include the following: 8.2.1. A clause stating: "This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been Independent Contractor Services Agreement Contract No. C29160 mailed to the District, stating date of cancellation or reduction. Date of cancellation or reduction shall not be less than thirty (30) days after date of mailing notice." 8.2.2. Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period. 8.2.3. An endorsement stating that the District and the State and their agents, representatives, employees, trustees, officers, consultants, and volunteers are named additional insureds under all policies except Workers' Compensation Insurance, Professional Liability, and Employers' Liability Insurance. 8.2.4. An endorsement stating that Consultant's insurance policies shall be primary to any insurance or self-insurance maintained by District. 8.2.5. With the exception of professional liability insurance, if applicable, all policies shall be written on an occurrence form. 8.3. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the District. 9. INDEMNIFICATION To the furthest extent permitted by California law, Consultant shall, at its sole expense, defend, indemnify, and hold harmless the District, the State of California, and their agents, representatives, officers, consultants, employees, trustees, and volunteers (the "indemnified parties") from any and all demands, losses, liabilities, claims, suits, and actions (the "claims") of any kind, nature, and description, including, but not limited to, personal injury, death, property damage, and consultants' and/or attorneys' fees and costs, directly or indirectly arising out of, connected with, or resulting from the performance of the Consultant's Services pursuant to this Agreement or from any activity, work, or thing done, permitted, or suffered by the Consultant in conjunction with this Agreement, unless the claims are caused wholly by the sole negligence or willful misconduct of the indemnified parties. The District shall have the right to accept or reject any legal representation that Consultant proposes to defend the indemnified parties. 10. NON-ASSIGNMENT This Agreement is a personal services agreement. Consultant shall not assign this Agreement or any portion of it to any third party without the written consent of the District. Any purported assignment without prior written consent of the District shall automatically terminate this Agreement. 11. FINGERPRINTING OF EMPLOYEES Independent Contractor Services Agreement Contract No. C29160 Consultant shall comply with the provisions of Education Code section 45125.1 regarding the submission of employee fingerprints to the California Department of Justice and the completion of criminal background investigations of its employees. Consultant shall not pertnit any employee to have any contact with District students until the Consultant has verified in writing to the governing board of the District that the employee has not been convicted of a felony, as defined in Education Code section 45122.1. Consultant's responsibility shall extend to all employees, subcontractors, agents, and employees or agents of subcontractors regardless of whether those individuals are paid or unpaid, concurrently employed by the District, or acting as independent contractors of the Consultant. Verification of compliance with this section shall be provided in writing to the District prior to each individual's commencement of employment or performing any portion of the Services and prior to permitting contact with any student. 12. CONFIDENTIALITY The Consultant and all Consultant's agents,personnel, employee(s), and/or subcontractor(s) shall maintain the confidentiality of all information received in the course of performing the Services. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement. 13. NOTICES 13.1. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail,postage prepaid, return receipt required, or sent by overnight delivery service or facsimile transmission, addressed as follows: District Consultant Desert Sands Unified School District Family YMCA of the Desert 47-950 Dune Palms Road 43930 San Pablo Avenue La Quinta, CA 92253 Palm Desert, CA 92260 Attn: Attn: Rob Ballew 13.2. Any notice personally given or sent by facsimile transmission shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service. Any notice given by mail shall be effective five (5) days after deposit in the United States Mail. 14. WAIVERS Independent Contractor Services Agreement Contract No. C29160 The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed a waiver of such term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 15. SEVERABILITY If any tertn of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 16. INTEGRATION/ENTIRE AGREEMENT OF PARTIES This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both parties. 17. CALIFORNIA LAW This Agreement shall be governed by and the rights, duties and obligations of the parties shall be determined and enforced in accordance with the laws of the State of California. The parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the county in which the District's administrative offices are located. ACCEPTED AND AGREED on the date indicated below: Dated: , 20_ Dated: , 20_ Desert Sands Unified School District (District) (Consultant) By: By: Print Name: Print Name: Print Title: Print Title: Independent Contractor Services Agreement Contract No. C29160 EXHIBIT A CONSULTANT'S SCOPE OF SERVICES Add IVlemorandunl of'Understandin 7 here Independent Contractor Services Agreement Contract No. C29160 EXHIBIT B FEESCHEDULE Add detai[ed bud e�g t,��roposal here. For Lincoln School: List In kind value of sci-�ices or Paid bv the Citv af Palm Desert Independent Contractor Services Agreement ATTACHMENT C �ontra�t No. LINCOLN ELEMENTARY SCHOOL AFTER SCHOOL PROGRAM C29160 GENERAL REGISTRATION FORM Piease Print Student's FULL Name Student ID# School Grade Year ASES (After School Education 8� Safety) is an academic and enrichment intervention program for elementary school students in Desert Sands Unified School District that supplements the regular school day. The program will take place immediately upon the end of the regular school day including early release and minimum days until 6 p.m. beginning Tuesday,September 2,2009 through June 12, 2010. Space is limited by available funding. Proqram Repuirements • Students MUST attend daily unless absent during the regufar school day. • Abide by DSUSD and school's Code of Conduct. • Students MUST be signed out by an authorized adult with a valid I.D no later than 6pm. • Students leaving before 6pm must have a valid reason. Early releases are limited to parallel programs, family emergencies and illnesses. • Students may not walk home without or be transported by an unauthorized person. • Failure to comply with program requirements may result in dismissal from the program. EMERGENCY CONTACTS/AUTHORIZED ADULTS U Mother/Guardian Address City2ip Telephone/Cell Phone U FatherlGuardian Address City/Zip Telephone/Cell Phone U Other Authorized Persons/RelativelNeighbor who will accept responsibility for student Telephone/Cell Phone U Other Authorized Persons/Relative/Neighbor who will accept responsibility for student Telephone/Cell Phone ANY OTHER PHONE NUMBER(S)THAT THE PARENT/GUARDIAN CAN BE REACHED AT BETWEEN 1-6 PM: (Work phone) (cell/pager) (other) *IF THERE IS A CHANGE IN THE ABOVE INFORMATION,I WILL NOTIFY ASES STAFF IMMEDIATELY MEDICAL RELEASE/PHYSICAL LIMITATIONS Does your child have any medical conditions? � Yes � No Does your child take medications? � Yes � No Does your child have any physical limitations? ❑ Yes ❑ No Are there any Religious restrictions? ❑ Yes ❑ No Ptease explain any"Yes"answer. MEDIA AND PHOTO RELEASE ❑ Yes ❑ No I allow my ASES student to be photographed for the purposes of documenting and utilizing media venues (magazine, newspaper,video,etc.)for the public relations aspects of ASES. Signature Parent/Guardian Print Name Date Your signature gives permission for your child to participate in the After School Safety and Education Program and for staff to contact any authorized person you indicated on this form if needed. Remember,your child cannot stay in the program without accurate contact information.