Loading...
HomeMy WebLinkAboutE-4 Staff Report - AUSD summer programsCONSENT ITEM E-4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: MAY 2, 2022 SUBJECT: APPROVE LETTER OF AGREEMENT WITH AZUSA UNIFIED SCHOOL DISTRICT (AUSD) FOR FINANCIAL SUPPORT OF SUMMER PROGRAMMING BACKGROUND: The Community Resources Department’s Summer Day Camp Program is a six-week program that gives students a structured daily camp experience. This program’s main purpose is to provide students a safe space for socialization and play during the summer months. The program also reinforces educational materials in a non-academic setting. The Community Resources Department also offers Summer Swim lessons. These lessons are provided for various ages and skill levels, and cover the fundamentals of swimming and other pertinent pool safety guidelines by a highly trained instruction staff. The Community Resources Department partners with the Azusa Unified School District on a number of activities, and AUSD has funding to potentially support the programming for AUSD students, who are also the primary target of the City’s summer Day Camp and Aquatics programs. This agreement would be pending AUSD School Board approval, following Azusa City Council Approval. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Approve a Letter of Agreement with the Azusa Unified School District to fund eight weeks of summer programming for the 2022 summer, with an option to extend through the summer of 2023; and 2)Authorize the City Manager to execute the agreement, in a form acceptable to the City Attorney, on behalf of the City, subject to non-substantive changes made by City Manager and City Attorney. APPROVED CITY COUNCIL 5/2/2022 APPROVE LETTER OF AGREEMENT WITH AUSD FOR SUMMER PROGRAMMING May 2, 2022 Page 2 ANALYSIS: The Community Resources Department has served thousands of Azusa’s youth through Summer Day Camp and Summer Swim Lessons. A partnership with the AUSD will allow for the Community Resources Department to effectively serve the students of AUSD and provide a fun and safe space for them to have structured activities during the Summer, while being supervised by a caring and energetic staff. Financial support from the AUSD will ensure that the Summer Programs discussed above will be able to secure new supplies and equipment, transportation for trips as well as adequate staffing for these programs. The cost of the programming is not to exceed one hundred fifty thousand dollars ($150,000), for up to seventy (70) students participating in Day Camp and two hundred fifty to three hundred (250-300) students in swim lessons. For Day Camp, the number of students can be increased in blocks of ten (10), if staffing allows. If so, the cost will increase proportionately. If successful, can be continued for the summer of 2023, if agreed upon in writing by both AUSD and the City of Azusa. This agreement would be pending AUSD School Board approval, following Azusa City Council Approval. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. Staff time and supplies for these activities are already allocated in the budget. These funds would serve as a potential revenue source to off-set those costs. Upon execution of the agreement, Finance staff will amend the budget consistent with the funding amount. Prepared by: Reviewed by: Sonny Cravens Miki Carpenter Recreation Coordinator Director of Community Resources Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Letter of Agreement with Scope of Work for Summer Programming 45635.01000\8513162.1 LETTER AGREEMENT MAY 3, 2022 AZUSA UNIFIED SCHOOL DISTRICT 546 S CITRUS AVENUE AZUSA, CA 91702 Dear Azusa Unified School District: Letter Agreement for Summer Programming This letter shall be our Agreement (“Letter Agreement”) regarding the provision of Summer Recreation Programming to Azusa Unified School District Students described below (“Services”) to be provided by the City of Azusa, a local municipality (the “City”) to the Azusa Unified School District (the “District”) for the City’s Summer Recreation Programming (“Project”). Contractor is retained as independent contractor and is not an employee of the City. City and Contractor are sometimes referred to herein as “Party” or “Parties.” The Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit “A” and are incorporated herein by reference. Services on the Project shall begin immediately and shall be completed by August 31, 2022, unless extended by the City in writing. The City shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. City represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement. Attachment 1 Azusa Unified School District May 3, 2022 Page 2 of 8 45635.01000\8513162.1 Compensation shall be based on enrollment and City staff availability. The total compensation shall not exceed one hundred ten thousand and no cents [$150,000] and total enrollment will not exceed 70 students without written approval of both the City and the District. The City’s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the District on a monthly basis as performance of the Services progresses. The District shall review and pay the approved charges on such invoices in a timely manner. The City may terminate this Letter Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter Agreement without cause before Project completion, the City shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. The District may terminate this Letter Agreement only upon 30 calendar days’ written notice to the City only in the event of City’s failure to perform in accordance with the terms of this Letter Agreement through no fault of District. To the fullest extent permitted by law, District shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the City’s Services, the Project or this Letter Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent City’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Letter Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers. The District shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements; all emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD), the California Air Resources Board (CARB) or other governmental agencies; and all water quality laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board and the City. By executing this Letter Agreement, the City verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. City shall maintain records of its compliance, including its verification of each employee, and shall make them available to the District or its representatives for inspection and copy at any time during normal business hours. The District shall not be responsible for any costs Azusa Unified School District May 3, 2022 Page 3 of 8 45635.01000\8513162.1 or expenses related to City’s compliance with the requirements. To the same extent and under the same conditions as City, City shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Letter Agreement to make the same verifications and comply with all requirements and restrictions provided herein. City's failure to comply or any material misrepresentations or omissions relating thereto shall be grounds for terminating this Letter Agreement for cause. By its signature hereunder, City certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Finally, City represents that it is an equal opportunity employer and it shall not discriminate against any sub contractor, employee or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, City shall indemnify District against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Los Angeles County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, City must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by City. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, District shall be barred from bringing and maintaining a valid lawsuit against the City. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Letter Agreement, the prevailing Party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorney's fees, as determined by the court. City shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the District, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third-party beneficiaries of any right or obligation of the Parties. This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against Azusa Unified School District May 3, 2022 Page 4 of 8 45635.01000\8513162.1 any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. District warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the District hereto. If you agree with the terms of this Letter Agreement, please indicate by signing and dating two originals where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. [SIGNATURES ON NEXT PAGE] Azusa Unified School District May 3, 2022 Page 5 of 8 45635.01000\8513162.1 CITY OF AZUSA AZUSA UNIFIED SCHOOL DISTRICT Approved by: Reviewed and Accepted by: City Manager Signature Attest: Name City Clerk Title Approved as to Form: Date Best Best & Krieger LLP City Attorney Azusa Unified School District May 3, 2022 Page 6 of 8 45635.01000\8513162.1 Exhibit A City of Azusa Summer Programming for AUSD Students Scope of Work 1. Purpose: To provide a well-diversified and structured schedule of activities to the children of AUSD. To allow them to safely grow and further develop their social skills over the summer in a daily camp atmosphere, while supervised by an energetic and caring staff. 2. Goals a. Ensure a safe space for participants to socialize and play within the structure of the program b. Reinforce educational material in a fun and non-academic setting c. Teach kids new skills through a variety of crafts and physical activities 3. Student Experience a. Overview i. Students should be registered by legal guardian on Civic Rec one week prior to each weekly session. Sessions run Monday through Thursday. Must fill out one-time registration packet in order for student to be enrolled. Must be enrolled in AUSD to attend. Spots will be filled on a first come first serve basis. District will confirm AUSD school enrollment ii. Ratio – the ratio of student to staff would be 8(±1) to 1. Each child, depending on age, will attend either the Lower Campus (Memorial Park) or the Upper Campus (Slauson Middle School). iii. Number of children accommodated is dependent upon staffing, with 70 student spots available based on current projected staffing. A greater number of students can be accommodated in blocks of 10, with additional recruitment of staff. iv. Lower Campus is 1st-5th Grade v. Upper Campus is 6th-8th Grade vi. Activities are usually planned in 30 minute blocks ranging from arts and crafts to different types of games, etc. Azusa Unified School District May 3, 2022 Page 7 of 8 45635.01000\8513162.1 vii. Throughout the day students will experience a variety of indoor and outdoor activities. Students are encouraged to wear comfortable clothing and shoes. viii. Lunch will be provided in conjunction with AUSD, however it is strongly recommended kids bring plenty of water and snacks to stay hydrated and fueled throughout the day ix. Weekly trips to bolster education and physical activity b. Timeline and Activities (subject to change) i. June 13th-July 22nd: Summer Day Camp at Memorial Park (M-Th: 8AM- 4PM) 1. Daily - Arts & crafts, group games, group sports, group activities, PAT (personal activity time)/free choice 2. Weekly activities and local trips - Live performances at the park, time at the Azusa library 3. Weekly trips a. Beach (Huntington Beach 6/17/22) b. San Dimas Nature Centers/Bonelli Park (6/23/22) c. Beach (Huntington Beach 6/30/22) d. Raging Waters (7/7/22) e. Indoor skating @ Skate Express (7/14/22) f. LA Sparks Game (7/21/22) g. Note: All trips will require additional guardian permission and transportation ii. August 1st- August 11th: Summer Swim Lessons at Slauson Pool 1. Aquatics Programming a. Parent/Guardian register students based on their swimming proficiency at Level 1 or Level 2 b. Baseline testing to determine proficiency and correct placement in class c. 6 Levels of proficiency available d. Each student receives 8 lessons e. Total number to be accommodated 250-300 students f. Lessons include: shallow and deep water practice, swimming skills practices, diving board practice, waterslide practice, and certificates of completion Azusa Unified School District May 3, 2022 Page 8 of 8 45635.01000\8513162.1 4. Additional Features a. Day Camp shirts- “Trip Shirts” are distributed to students on trip days. These shirts must be worn at all times on trips to ensure safety of the student and group. b. Ice Cream social- opportunity for parents to meet and greet with Staff members over ice cream c. “Library Shows” – throughout the summer the City of Azusa Library contracts live performances to play at Memorial Park Gymnasium. Past performances included: puppet show, drum show, magic show, balloon show. Day Camp These figures are based on a baseline of 70 kids who enroll in Day Camp. Additional students may enroll as staffing allows, in blocks of 10, with costs increasing proportionately. AUSD will be invoiced monthly based on student enrollment in the program. Recreation staff costs for 6 weeks $64,500 Transportation @ 1 trip a week $5,700 Trips Fees @ 1 trip a week $4,500 Daycamp Supplies $3,000 Daycamp outside instructors $41,900 Day Camp Shirts $1,000 Total = $120,600 Aquatics Program (not to exceed 300 students) Aquatics staff costs for 2 weeks $21,900 Pool Maintenance and Utilities $7,500 Total = $29,400 Grand Total (not to exceed) = $150,000 • 70 Day Camp students for 6 weeks, 4 days a week • 250-300 aquatics students for 2 weeks of lessons each