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HomeMy WebLinkAboutWINGS Operating Agreement3 06-00-9065-100-0000-1000-5800-100-026 AFTER -SCHOOL EDUCATION AND SAFETY PROGRAM OPERATING AGREEMENT CONTRACT #CT 1752 This AGREEMENT is made by and between National School District, herein called, "District," 1500 "N' Avenue, National City, California 91950, and National City Public Library, herein called "Contractor," 1401 National City Blvd., National City, California 91950 WITNESSETH WHEREAS, National School District has implemented or will be implementing the After -School Education and Safety Program ("ASESP"); and WHEREAS, District desires to engage the National City Public Library, (or Contractor) to provide an extended school day child care and education program pursuant to ASESP at all of its schools; and WHEREAS, Contractor is ready, willing and able to perform the services detailed in this Agreement, beginning July 1, 2009, and concluding June 30, 2010. NOW, THEREFORE, District and Contractor mutually agree as follows: 1. DEFINITIONS: For the purposes of this Agreement, the following terms shall have the meanings indicated: a) "District" - National School District b) "Contractor" - National City Public Library c) "State" - State -funded After -School Education and Safety Program grant which constitutes the source of funding under this Agreement. 2. SCOPE OF SERVICES: Contractor hereby agrees to perform the services specifically listed below: a) Operation of Program: Operate a school -age child care program pursuant to ASESP ("Program") that provides safe, healthy, recreational, and educational activities at each of the District's schools for children enrolled in the Program. Contractor agrees to commit resources to ensure the delivery of an integrated, age -appropriate child care and education Program. b) Hours of Operation: While District schools are in regular sessions, the Program shall operate before school (6:30 — 8:00 a.m. or 7:00 — 8:30 a.m. dependent upon the school) and after school dismissal time (beginning around 1:00 to 3:10 p.m., dependent upon the school site), for the remainder of the day until 6:00 p.m., on a Monday through Friday schedule. Daily hours of operation must be posted by Contractor and be visible to the participants and parents of the Program. Operating hours will be monitored by daily sign -in and sign -out sheets and reported monthly to the District and to the State by the Contractor. c) Holidays: The Program will not operate during scheduled school holidays and scheduled vacation periods unless funds are made available, and Contractor agrees through an amendment to this Agreement to perform during such periods. d) Summer Program: District may request that Contractor operate the Camp Wings Summer School Program, subject to District and Contractor mutually agreeing to the Contractor's fee and implementing an amendment to this Agreement. e) Use of Facilities: At each school site, Contractor may use such portions of the school site and school facilities as are agreed upon with the principal of the school. Page 2 of 12 Contractor agrees to keep school sites and school facilities it uses clean and organized, and to cooperate with other groups using the sites and facilities. f) Compliance: If for any reason, the Program is not operating at the timesand days agreed upon, the Contractor shall forfeit payment for those times that the Program is not operating and will be subject to termination of the Agreement at District's sole option. g) Staffing: Contractor shall provide a coordinator to oversee and coordinate Program activities in cooperation with District staff. Each Program site must be staffed daily, at a minimum, by the required student to staff ratio of one adult to twenty students. Designated coaches and/or site staff must be trained in CPR and First Aid. Training will be provided by National School District. Contractor is encouraged to hire instructional assistants and credentialed teachers from the school site to assist with the Program. Volunteers to assist with tutoring, literacy, and mentoring may be added in addition to paid staff. h) Experience: Site supervisors must have prior supervisory experience. i) Fingerprinting: Contractor agrees to provide District with written certification that Contractor has complied with the fingerprinting and criminal background investigation requirements of the California Education Code with respect to all Contractor's employees and volunteers who may have contact with District students in the course of providing services under the Program. Contractor shall provide written verification stating that none of its employees or volunteers who may have contact with District students has been convicted of a violent or serious felony as defined in the Education Code. Page 3 of 12 j) First Aid/CPR: At all times, there shall be personnel on site trained in First Aid/CPR, safety, and emergency procedures. The leaders must have proof of their First Aid/CPR card at the site. k) Uniform/Dress Code: On -site personnel will be required to have a professional appearance, wearing a name badge and vest which identifies them and the agency for which they work. 1) Supervision: The Contractor is required to have its agency supervisorial management personnel visit each Program site at least once weekly. The District or designee will periodically visit sites unannounced. m) Health: Contractor staff and volunteers are required to have a negative tuberculin test or x-ray within the last three (3) years. n) Safety: Safety is a critical element in the Programs. All safety rules and emergency procedures followed during the school day apply to the Program. o) Emergency Contact Forms: At every site Contractor must have parents fill out emergency contact cards and medical release forms. These forms must be kept on file at the school site by Contractor within easy access. p) Emergency Procedures/Accident Reports: The Contractor will adhere to emergency procedures at each school site. A formal reporting process for all accidents, incidents and complaints must be approved by the District and communicated to and posted for parents. Any serious accident, i.e., injury involving medical attention, must be reported in writing to the school principals and the Contractor's corporate office. A written accident or incident report must be sent within three (3) days. All minor Page 4 of 12 accidents or injuries are reported on an "Ouch Slip," with copies provided to the District, school site, and parent/guardian. q) School Relations: Developing a close relationship with school staff is critical to the success of the Program. Contractor will communicate regularly with school staff to ensure school staff is fully aware of Program activities. r) Collaboration: Contractor will collaborate with other appropriate persons and entities to provide an effective, meaningful Program in the National School District. Such collaboration shall include, but not be limited to, the National City Public Library, parents and local community partners. Contractor will promote cooperation and coordination among and between school sites and all personnel involved in Program activities. s) Amendment: Any modification of the type or quantity of services, or the fees for the services to be provided by Contractor, shall require a mutually agreeable amendment to this Agreement. 3. DISTRICT RESPONSIBILITIES: In connection with this Agreement District shall perform the following activities: a) Facilitate communication of the Program mission, goals and objectives to all participating school sites, and in particular to principals, teachers, other school staff, parent -teacher organizations, school site councils and parents. b) Promote cooperation and coordination among and between school sites and all personnel involved in Program activities. c) Designate a staff liaison as a key contact for Contractor. Page 5 of 12 d) Coordinate the daily delivery of snacks for participating children through Child Nutrition Services. e) Negotiate and implement contracts for karate, dance and music coaches. 4. PERIOD OF PERFORMANCE: The services to be performed by Contractor, as set forth herein, shall commence on July 1, 2009, and end on June 30, 2010, unless terminated sooner in accordance with the provisions of this Agreement. This Agreement will automatically renew each year for an additional 12-month period contingent on the Parties mutual agreement to any adjustment in fees due to increased or decreased operating costs. At any time either Party may choose to terminate the contract by providing thirty (30) days written notice prior to the end of the term. 5. FEE: The District shall pay to the Contractor as full consideration for the faithful performance of the contract, subject to any additions or deductions as provided in the contract documents, and including any applicable sales, use of other taxes or costs, the sum of ($979,698), Nine Hundred Seventy Nine Thousand Six Hundred Ninety Eight Dollars and No Cents. 6. EXPENDITURES: The Contractor will be required to provide substantiation for all expenditures claimed for reimbursement in the form of receipts and invoices. Contractor is allowed to charge a 5% administrative markup over claimed expenditures. 7. METHOD OF PAYMENT: Contractor shall be reimbursed for eligible expenditures within thirty days of receipt of invoices at the end of each quarter. Invoices shall be submitted for the quarters ending on September 30, 2009, December 31, 2009, March 31, 2010, and the last day of the school year. In order to receive reimbursement for expenditures, quarterly invoices must be accompanied by written documentation substantiating claimed Page 6 of 12 expenditures. The final payment to Contractor shall be withheld until the final invoice with substantiating documentation has been received by the District. 8. STATE REQUIREMENTS: Contractor shall comply with all requirements set forth by the State Department of Education, After -School Education and Safety Program grant. This will include, but not be limited to, program reporting requirements, contract compliance, allowable expenses, fiscal reporting and program evaluations. 9. AUDITS: District will conduct an audit review of Contractor's Program annually during the term of this Agreement. Additionally, Contractor's Program may be audited by District at any time within three (3) years following termination of this Agreement. If Contractor is subject to audits from a source or sources other than the District, Contractor shall provide a copy of the audit to the District within thirty (30) days of completion of the audit. 10. DISCONTINUANCE OF PROGRAM: The District reserves the right to discontinue the Program at its sole discretion, for reasons including, but not limited to the following: regular low attendance (25 students or less), poor program quality, or at the request of the school principal. In such cases, a 30-day written notice will be provided to the Contractor. 11. RECORDS: Contractor shall maintain detailed administrative and fiscal records as required by the District in writing during the term of this Agreement. Contractor shall allow National School District authorized agents to inspect its premises, books, accounting documents, payrolls, and other Program records for the purpose of auditing, monitoring, or evaluating the Program. Contractor shall store such records and documents for a period of three (3) years after submission of the final expenditure report, or until all audit findings have been resolved, whichever is longer. During this period, the District or its authorized agents, shall have access to such records and documents at any time. After the three (3) years storage period Page 7 of 12 has expired or all audit findings have been resolved, Contractor shall in either case, notify the District of its intent to dispose of Program records before any action is taken. 12. INTEGRATED AGREEMENT: This Agreement and the exhibits and references incorporated herein fully express all understandings of the Parties concerning the matters covered herein, and supersede any prior agreements, negotiations, and communications, oral or written, between the parties. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless it is made in the form of a written change or amendment to this Agreement, is signed by all Parties, and is executed in accordance with procedures described herein. 13. EQUAL OPPORTUNITY PROGRAM REQUIREMENTS a) Equal Employment Opportunity: Contractor hereby agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, Executive Orders 11246, 11375, and 12086; the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations hereafter enacted. Contractor will not discriminate against any employee or applicant for employment on any basis prohibited by law. Upon request by District, Contractor agrees to submit a current Workforce Report or an Equal Employ- ment Opportunity Plan. Contractor understands that failure to comply with the above requirements and/or submitting false information in response to these requirements, may result in termination of this Agreement. b) Nondiscrimination: Contractor agrees not to discriminate in any manner against any person or persons on account of race,,color, religion, gender, sexual orientation, medical status, national origin, age, marital status, or disability in Contractor's performance of Page 8 of 12 this Agreement, including, but not limited to, the providing of services, privileges, facilities, advantages, and accommodations. c) Equal Contracting Opportunity: Contractors shall ensure that any subcontractors comply with these provisions. Nothing in this section shall be interpreted to hold a prime contractor liable for any discriminatory practice of its subcontractors. 14. INDEPENDENT CONTRACTOR: Contractor is an independent Contractor hereunder, and nothing contained herein shall be construed as creating a relationship of employer and employee between the Parties. Contractor shall notify all prospective subcontractors of its independent status hereunder. 15. ASSIGNABILITY: Contractor shall not assign or subcontract any of the work or services to be performed under this Agreement, or expend any funds for such purpose without prior written approval of the District. Contractor shall provide the District copies of all subcontracts entered into under the terms of this Agreement. 16. HOLD HARMLESS: Contractor agrees to defend, indemnify, protect and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless, shall not include any claims or liability arising from the established sole negligence or willful misconduct of the District, its agents, officers or employees. Page 9 of 12 17. INSURANCE: Contractor shall obtain and keep in force during the period of this Agreement, a policy of comprehensive public liability insurance or lawful self -insured status, which insures Contractor against any and all claims of liability, including accident, injury or death arising from the provision of Program services, or from the ownership, use, operation, maintenance, or administration of School District premises and all areas appurtenant thereto. Such insurance or self-insurance shall be in an amount of not less than ONE MILLION DOLLARS ($1,000,000) for any injury or death of, any person or persons in any accident or occurrence, and shall name District as an additional insured. 18. WORKERS' COMPENSATION: Contractor agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder. In the event a claim under the provisions of the California Workers' Compensation Act is filed against District by a bona fide employee of Contractor participating under this Agreement, Contractor agrees to defend and indemnify the District from such claim. Contractor may comply with the provisions of this Section 18 by maintaining its lawful self -insured status during the terms of this Agreement. 19. DRUG -FREE WORKPLACE: Contractor shall publish a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition. Contractor shall establish a drug -free awareness program to inform employees about all of the following: a) The dangers of drug abuse in the workplace b) The organization's policy of maintaining a drug -free workplace Page l0ofl2 c) Any available drug counseling, rehabilitation, and employee assistance program d) The penalties that may be imposed upon employees for drug abuse violations Contractor shall post the drug -free policy in a prominent place. Contractor shall include language in each subcontract executed in connection with this Agreement which indicates the subcontractor's agreement to abide by provisions of the drug -free workplace program. Contractor and subcontractors shall be individually responsible for their own drug -free workplace program. 20. TERMINATION OF AGREEMENT: District or Contractor may terminate this Agree- ment by giving written notice to the other Party thirty (30) days prior to the effective date of termination. District may terminate this Agreement at any time if Contractor fails to meet or fulfill its obligations hereunder. In the event of termination by either Party, District's liability shall be limited to reimbursement for the eligible monthly expenditures for work or services performed, plus administrative markup, up to the date of termination. 21. EVALUATIONS: The effectiveness and success of each program will be measured by overall compliance with Agreement terms, daily attendance, variety and interest of program content, and satisfaction of participants, parents and school administrators. A desired outcome will be improved test scores and increased daily school attendance as measured by the District. Additional evaluations may be required by the State as terms of the grant requirement. Contractor agrees to cooperate and comply with all evaluations of the Program. 22. JOINT ADVISORY PANEL: The Parties agree that a joint advisory panel composed of the Literacy Coordinator and WINGS Coordinator from the National City Public Library, and the Assistant Superintendent for Educational Services and the Extended Learning Page 11 of 12 Opportunities Coordinator from the National School District, shall provide advise with respect to the Program provided for by this Agreement. NATIO, 4AIi2 CITY PUBLIC LIBRARY Minh Duong Print Name Title Date City Librarian s t1\ oc\ NATIONAL SCHOOL DISTRICT UNA,V1 att./L. Signature r; s Ora rh. Print Name y �r J Cry Y1 6 et- vtt Title 6 foe Governing Board Approval Date Page 12of12