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HomeMy WebLinkAbout2013 CON National School District - Before & After School Wings Program - Amendment #1752AN AGREEMENT TO AMEND CONTRACT 1752, AFTER SCHOOL EDUCATION AND SAFETY PROGRAM OPERATING AGREEMENT, BETWEEN THE NATIONAL SCHOOL DISTRICT AND THE NATIONAL CITY PUBLIC LIBRARY / CITY OF NATIONAL CITY THIS AGREEMENT, made and entered into this 1st day of July 2013, by and between THE CITY OF NATIONAL CITY / NATIONAL CITY PUBLIC LIBRARY, hereinafter called "NCPL," and THE NATIONAL SCHOOL DISTRICT, an agency of the State of California, hereinafter called "DISTRICT." The Parties agree: I. SERVICES TO BE PROVIDED A. NATIONAL CITY PUBLIC LIBRARY shall provide a WINGS before and after school program at all ten (10) schools in the DISTRICT as outlined in the July 2013 After School Education and Safety Program Operating Agreement, Contract #1 752. (See attached agreement) B. The DISTRICT shall provide adequate supports and services outline in the July 2013 After School Education and Safety Program Operating Agreement, Contract #1752. 1. This agreement will amend the Fee section (Section 5) in the original agreement. The District agrees to pay the NCPL $1,185,538, upon receipt of monthly invoices, for appropriate program costs during the 2013-2014 school year. II. TERM AND TERMINATION All other Terms and Conditions remain per the original contract. The term of this Contract Amendment shall begin July 1, 2013 and terminate on June 6, 2014 at the end of the 2013-2014 school year. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. NATIONAL SCHOOL DISTRICT Christopher Oram, Ed.D. District Superintendent National School District Board Approval Date: June 26, 2013 CITY OF NATIONAL CITY/ NCPL RESOLUTION NO. 2013 — 125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE CITY LIBRARIAN TO EXECUTE AN AGREEMENT TO AMEND CONTRACT NO. CT 1752 WITH THE NATIONAL SCHOOL DISTRICT IN THE AMOUNT OF $1,185,538 FOR THE PUBLIC LIBRARY TO PROVIDE A BEFORE AND AFTER SCHOOL PROGRAM DURING THE 2013-2014 SCHOOL YEAR AT THE DISTRICT'S TEN SCHOOLS WHEREAS, in 2009, the National City Public Library entered into After -School Education and Safety Program Operating Agreement Contract No. CT 1752 with the National School District (the "District") for the Library to provide a before and after school program at the District's ten schools, beginning July 1, 2009, with an annual automatic renewal contingent upon the parties agreeing on the appropriate adjustment in fees; and WHEREAS, on August 18, 2009, the City Council adopted Resolution No. 2009- 198, approving and ratifying said Operating Agreement; and WHEREAS, to continue the before and after school program, the City and the District have agreed to amend Contract No. CT 1752 to reflect the increase in the cost to provide the Program to $1,185,538, an increase of $173,538 over Fiscal Year 2012-2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Agreement to Amend Contract No. 1752 between the City of National City/Public Library and the National School District setting the fee paid to the Library at $1,185,538 for providing a before and after school program at the District's ten schools, beginning July 1, 2013, to the District's ten schools during the 2013-2014 school year. PASSED and ADOPTED this 20th day of August ATTEST: Michael R. Dalla, Cit Clerk ROVED AS TO FORM: Claus la G. •'tua Silva City Attor Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on August 20, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4, t j A)) City C rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-125 of the City of National City, California, passed and adopted by the Council of said City on August 20, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Gtoo (A -GO MEETING DATE: August 20, 2013 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City: 1) approving an Amendment to increase the amount of the Agreement Contract No. CT#1752 with the National School District to $1,185,538 for the Library to provide a before and after -school program during the 2013-2014 school year at the District's ten schools; and 2) authorizing the City Librarian to execute said Amendment. PREPARED BY: G. Olivares PHONE: 470-5883 EXPLANATION: DEPARTMENT: Libr APPROVED BY: This agreement amends the Fee section (Section 5 of the original Agreement CT#1752) to read $1,185,538 for FY2013-14. The amendment represents an augmentation of $173,538 over FY2012-2013 amount of $1,012,000. It covers the additional personnel costs incurred with the one-time step increase for part-time hourly employees, approved by City Council as part of the FY2013-14 budget adoption. All other terms remain unchanged. FINANCIAL STATEMENT: ACCOUNT NO. 246-31000-3463 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on August 8, 2013 ITTACHMENTS: 1. Copy of WINGS Operating Agreement CT#1752 2. Amendment to the WINGS Operating Agreement CT#1752 3. Resolution 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 I :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 schoolsites 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 • • i� • 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. 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. Contractor shall notify all prospective subcontractors of its 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 10 of 12 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. NATIONALfCITY PUBLIC LIBRARY Minh Duong Print Name Title Date City Librarian g`1Di1ock NATIONAL SCHOOL DISTRICT Signature kris' bran~ Print Name Sun,oerivi'fehcieh¢ Title— bes;gne.e, Governing Board Approval Date Page 12 of 12 AN AGREEMENT TO AMEND CONTRACT 1752, AFTER SCHOOL EDUCATION AND SAFETY PROGRAM OPERATING AGREEMENT, BETWEEN THE NATIONAL SCHOOL DISTRICT AND THE NATIONAL CITY PUBLIC LIBRARY / CITY OF NATIONAL CITY THIS AGREEMENT, made and entered into this 1st day of July 2013, by and between THE CITY OF NATIONAL CITY / NATIONAL CITY PUBLIC LIBRARY, hereinafter called "NCPL," and THE NATIONAL SCHOOL DISTRICT, an agency of the State of California, hereinafter called "DISTRICT." The Parties agree: I. SERVICES TO BE PROVIDED A. NATIONAL CITY PUBLIC LIBRARY shall provide a WINGS before and after school program at all ten (10) schools in the DISTRICT as outlined in the July 2013 After School Education and Safety Program Operating Agreement, Contract #1 752. (See attached agreement) B. The DISTRICT shall provide adequate supports and services outline in the July 2013 After School Education and Safety Program Operating Agreement, Contract #1752. 1. This agreement will amend the Fee section (Section 5) in the original agreement. The District agrees to pay the NCPL $1,185,538, upon receipt of monthly invoices, for appropriate program costs during the 2013-2014 school year. II. TERM AND TERMINATION All other Terms and Conditions remain per the original contract. The term of this Contract Amendment shall begin July 1, 2013 and terminate on June 6, 2014 at the end of the 2013-2014 school year. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. NATIONAL SCHOOL DISTRICT CITY OF NATIONAL CITY/ NCPL Christopher Oram, Ed.D. City Representative District Superintendent National School District Board Approval Date: June 26, 2013 • • • RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE CITY LIBRARIAN TO EXECUTE AN AGREEMENT TO AMEND CONTRACT NO. CT 1752 WITH THE NATIONAL SCHOOL DISTRICT IN THE AMOUNT OF $1,185,538 FOR THE PUBLIC LIBRARY TO PROVIDE A BEFORE AND AFTER SCHOOL PROGRAM DURING THE 2013-2014 SCHOOL YEAR AT THE DISTRICT'S TEN SCHOOLS WHEREAS, in 2009, the National City Public Library entered into After -School Education and Safety Program Operating Agreement Contract No. CT 1752 with the National School District (the "District") for the Library to provide a before and after school program at the District's ten schools, beginning July 1, 2009, with an annual automatic renewal contingent upon the parties agreeing on the appropriate adjustment in fees; and WHEREAS, on August 18, 2009, the City Council adopted Resolution No. 2009- 198, approving and ratifying said Operating Agreement; and WHEREAS, to continue the before and after school program, the City and the District have agreed to amend Contract No. CT 1752 to reflect the increase in the cost to provide the Program to $1,185,538, an increase of $173,538 over Fiscal Year 2012-2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Agreement to Amend Contract No. 1752 between the City of National City/Public Library and the National School District setting the fee paid to the Library at $1,185,538 for providing a before and after school program at the District's ten schools, beginning July 1, 2013, to the District's ten schools during the 2013-2014 school year. PASSED and ADOPTED this 20th day of August, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor \\\O�(oj�wA ,rrrnll/ (1- CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NATIONAL SCHOOL DISTRICT Amendment to Contract No. CT 1752 Before & After School WINGS Program Minh Duong (Library) Forwarded Copy of the Amendment to National School District