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HomeMy WebLinkAbout2007/01/09 Item 5 CITY COUNCIL AGENDA STATEMENT January 9, 2007 Item~ ITEM TITLE: (a) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and the Sweetwater Union High School District for the provision of middle school after- school programs, and authorizing the Mayor to execute said agreement; (b) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School for the provision of extended after- school program hours, amending the FY07 Recreation Department budget by appropriating $6,000 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (c) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after- school program hours, amending the FY07 Recreation Department budget by appropriating $6,000 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (d) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before- and after- school program hours, amending the FY07 Recreation Department budget by appropriating $14,010 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (e) Resolution Approving the agreement between the City of Chula Vista and The YMCA of San Diego County South Bay Branch for the provision of after-school program hours at Hilltop, Chula Vista, Rancho Del Rey and Castle Park Middle Schools, and authorizing the Mayor to execute said agreement; (f) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and the YMCA 5-1 January 9, 2007, Item~ Page 2 of5 SUBMITTED BY: REVIEWED BY: of San Diego County for the provision of after- school program hours at Castle Park Middle School and Hilltop Middle School, amending the FY07 Recreation Department budget by appropriating $8,371 based on unanticipated revenue, and authorizing the Mayor to execute said agreement DIRECTOR OF RECRE7N /'f} ~( 61"\ CITY MANAGER (/I . 4/5THS VOTE: YES X NO BACKGROUND The Sweetwater Union High School District (SUHSD) has awarded a $100,274 contract for the provision of after-school programming at six Chula Vista Middle Schools to the City, through its Recreation Department (please see Attachment "A"). The adopted FY07 Recreation Department budget includes funding for this middle school program contract. In addition, Hilltop Middle School, Castle Park Middle School, and Chula Vista Middle School have been awarded a State grant for the provision of additional before- and after- school programming hours. The Schools have asked the Recreation Department to provide these services, via Memorandums of Understanding (MOU), for $6,000, $6,000, and $14,010, respectively (please see Attachments "B", "C", and "D"). These hours are in addition to the existing, budgeted after-school hours provided by the Department to the Schools. The adopted FY07 Recreation Department budget includes funding of $15,010 to contract with the YMCA of San Diego County South Bay Branch (YMCA) for the provision of after-school services at four middle school sites during non-school hours. The City has contracted with the YMCA for these services on an annual basis since 1993, when City Council initially approved funding for the newly established Youth Action Program (Attachment E). The YMCA of San Diego County has requested that the Recreation Department provide after school programming at Castle Park Middle School and Hilltop Middle School as part of the Critical Hours Program, via a Memorandum of Understanding (MOD), for $8,371 (Attachment F). ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a 'Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to SectionI5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 5-2 January 9, 2007, Item~ Page 3 of5 RECOMMENDATION That Council: (a) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Sweetwater Union High School District for the provision of middle school after-school services at six Chula Vista middle schools in the amount of $100,274 and authorizing the Mayor to execute said agreement. (b) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School for the provision of extended after- school program hours, amending the FY07 Recreation Department budget by appropriating $6,000 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (c) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after- school program hours, amending the FY07 Recreation Department budget by appropriating $6,000 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (d) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before- and after- school program hours, amending the FY07 Recreation Department budget by appropriating $14,010 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (e) Adopt the resolution approving the Agreement between the City and the YMCA of San Diego County South Bay Branch, for the period of September 2006 through June 2007, in the amount of $15,010, which has already been appropriated in the FY07 Recreation Department budget, for the provision of after'school hour progranuning, and authorizing the Mayor to execute said agreement. (f) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and the YMCA of San Diego County for the provision of after school program hours at Castle Park Middle School and Hilltop Middle School, amending the FY07 Recreation Department budget by appropriating $8,371 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Recreation Department and the Sweetwater Union High School District (SUHSD) jointly fund the Middle School after-school program (Club Teen Connection or Club TC). The program is additionally funded from Critical Hours Grants and Safe 5-3 , January 9, 2007, Item~ Page 4 of5 Neighborhood, Safe Schools Grants received by the individual schools. Collaborative partners in the program include South Bay YMCA and South Bay Community Services, as well as the individual schools. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to all participants. Pursuant to the agreement, the City of Chula Vista provides recreational progranuning during non-school hours at the six middle schools designated below. Programming under the agreement will be provided as follows: The existing core program hours and participating schools are: Chula Vista Middle School Rancho Del Rey Middle School Castle Park Middle School Hilltop Middle School Eastlake Middle Bonita Vista Middle Monday through Friday, 3:15 - 5:15 PM Monday through Friday, 3 :00 - 5 :00 PM Monday through Friday, 3:00 - 5:00 PM Monday through Friday, 3:15 - 5:15 PM Monday through Friday, 3:00 - 5:00 PM Monday and Wednesday, 3:00 - 5:00 PM Due to the success of the program, Hilltop Middle School, Castle Park Middle School, and Chula Vista Middle School have requested that additional hours of daily progranuning be provided by the Department, to be funded from a new State grant. Hilltop Middle School is proposing an MOD with the City for $6,000 to fund staffing for new extended homs from 5:15pm to 6:15pm Monday through Friday. The MOU covers the school year, from September 2006 through June 2007. Castle Park Middle School is proposing an MOU with the City for $6,000 to fund staffing for new extended hours from 5:00pm to 6:00pm Monday through Friday. The MOD covers the school year, from September 2006 through June 2007. Chula Vista Middle School is proposing an MOD with the City for $14,010 to fund staffing for new extended hours from 6:00 a.m. to 8:00 a.m. and from 5:15pm to 6:15pm Monday through Friday. This MOU covers the school year, from September 2006 through June 2007. Critical Hours: The YMCA Youth and Family Services has awarded the City, through the Recreation Department, a $8,371 contract for the provision of enhanced after-school progranuning at Castle Park Middle School and Hilltop Middle School. The funding is part of a grant applied for and received by the Chula Vista Youth Coalition from the County of San Diego Critical Hours funding. The YMCA is the designated fiscal agent for the grant, and, as such, is subcontracting various services to be provided by several Youth Coalition members. Middle School After School Programs: The City has $15,010 budgeted in the Recreation Department operating budget for South Bay YMCA to provide after-school hour programs 5-4 January 9, 2007, Item-L Page 5 of5 at four middle schools - Hilltop, Chula Vista, Rancho Del Rey and Castle Park. Funds are disbursed quarterly on a reimbursement basis, upon receipt from the YMCA of submittals including, but not limited to, employee timesheets, expenditure receipts, and monthly service and financial reports. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council member Castaneda has property holdings within 500 feet of the boundaries of the Chula Vista Middle School property which is one of the subjects of this action. FISCAL IMPACT SUHSD funds one-half of the cost of the middle school program, or $100,274. Expenditures and revenues for this program are currently included in the FY07 Recreation Department budget, and do not need to be appropriated. SUHSD will reimburse the City quarterly for expenses following the submittal of invoices for services rendered. The FY07 budget for the Recreation Department is proposed to be amended by $34,381 for the after-school program enhancements, fully offset by reimbursements from the middle schools and YMCA of San Diego County, with no net impact to the General Fund. These are one-time costs for this fiscal year only. The schools will reimburse the City for expenses following the submittal of semester invoices for services rendered. The YMCA of San Diego County will reimburse the City for expenses following the submittal of invoices for services rendered. Funds of $15,010 for the agreement with the South Bay YMCA are ongoing and are already included in the FY07 Recreation Department budget, and do not need to be appropriated. One-half of this $15,010 cost is reimbursed to the City by SUHSD. ATTACHMENTS Attachment "A" - Agreement between Sweetwater Union High School District and City of Chula Vista Attachment "B"- Agreement between Hilltop Middle School and City of Chula Vista Attachment "c" - Agreement between Castle Park Middle School and City ofChula Vista Attachment "D" - Agreement between Chula Vista Middle School and City of Chula Vista Attachment "E" - Agreement between the City Of Chula Vista and South Bay YMCA Attachment "F" - Agreement between the YMCA of San Diego County and the City of Chula Vista Prepared by: Bob Morris, Senior Recreation Supervisor, Recreation Department 5-5 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE PROVISION OF MIDDLE SCHOOL AFTER-SCHOOL PROGRAMS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Sweetwater Union High School District [SUHSD] has awarded a $100,274 contract for the provision of after-school programming at several Chula Vista Middle Schools to the City, through its Recreation Department (please see attachment 'A'); and WHEREAS, the adopted FY07 Recreation Department budget includes funding for this middle school program contract; and WHEREAS, the Recreation Department and the SUHSD jointly fund the Middle School after-school program [Club Teen Connection or Club TC]; and WHEREAS, the program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools; and WHEREAS, collaborative partners in the program include South Bay YMCA an South Bay Community Services, as well as the individual schools; and WHEREAS, activities include sports, crafts, homework help, games, special events, field trips, and specialized classes. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and the Sweetwater Union High School District for the provision of middle school after-school programs, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute the MOU on behalf of the City of Chula Vista. Presented by Approved as to form by Buck Martin Recreation Director h~~~~\ City Attorney H:\Attorney\Final Resos\2007\1 9 07\Sweetwater Union High School w Reso Adoc 5-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ lCq.n \\. \'"\-( 4-.C'1 ~ Ann Moore City Attorney Dated:~IIf\...:\ WOl ./ Middle School Recreation Programs Memorandum of Understanding between the City of Chula Vista and Sweetwater Union High School 5-7 A+~A MIDDLE SCHOOL RECREATION PROGRAMS Memorandum of Undel'$tanding Between City of Chula Vista And Sweetwater Union High School District THIS AGREEMENT by and between the City of Chula Vista, (hereinafter referred to as "City'1 and the Sweetwater Union High School District (hereinafter referred to as "District"), WHEREAS, the City and District provide after school programs at the middle schools in the City of Chula Vista, and WHEREAS the parties wish to continue that programming for the benefit of the community, NOW, THEREFORE, it is agreed by and between District and City as follows: 1. TFRM - The term of this agreement shall be for a period of 12 months, commencing on July 1, 2006, and ending June 30, 2007. This agreement may be extended for one-year terms in writing by the parties. This agreement may be terminated by either party upon thirty (30) days written notice. 2. PR()(:;RAM - City shall provide recreational programming during non-school hours at designated middle schools. Programming will be provided as follows; Chula Vista Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Castle Park Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Hilltop Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Rancho Del Rey Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Bonita Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Eastlake Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; and three (3) hours per day, (5) days a week for eight (8) weeks for summer sessions at two designated schools. SUHSD MOU FY06-07.doc 5-8 In addition, City shall contract with the YMCA of San Diego County to provide additional and supplemental programming at the middle schools named above. The majority of programs will be conducted and provided on middle school sites. Special Events may occur and take place in other areas of City during the time-period of the Agreement. 3. FllNnlN(.; -It is agreed that the District will provide $100,274 ("Funds") to partially offset the cost of staffing, supplies, and supervision of the programs during the period of this Agreement. Funds shall be disbursed to City following receipt of City invoice for payment. Funding shall be utilized as follows: TOTAL $35,541 $ 7,514 $41,531 $ 8,183 $ 7,505 $100,274 On-Site Programmatic Staff Supervisory Oversight - A Supervisory Oversight - B Supplies and Services Contract Costs with YMCA 4. r.()N1=;lnFRA TI()N - It is agreed that the City will match District funding, and will absorb other necessary additional expenses for required services in connection with the provision of programs outlined in this agreement. 5. N()TIr.t= - Any notice required or permitted pursuant to this Agreement, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows: City: Buck Martin, Director Recreation Department City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 District: Dianne L. Russo, Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 6. INnFMNIFIr.A TI()N ANn IN1=;IIRANr.F - The Terms and provisions of the existing Cooperative Facilities Use Agreement between the City and the District shall be in full force and effect throughout the term of this Agreement. A copy of this agreement is attached hereto as Exhibit "A", and is incorporated by reference. SUHSD MOV FY06-07.doc 7 5-9 7. PFRMITS. City shall complete and submit District's Application and Pennit for Use of School Facilities and Grounds as required by each school site administrator. 8. FINClFRPRINT CI FARANCF Each party is responsible for fingerprinting its employees who will be working with students. If the City or District discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, SectiOn 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federallawsfregulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the tenns of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA Sweetwater Union High School District #~~;? ~4~ Stept1e! re~ -PadiHa,-Mayor Dianne L. Russo, Chief Financial Officer Cheryl Cox, Mayor Approved as to fonn by: Ann Moore City Attorney Attest: Susan Bigelow, City Clerk SUHSD MOU FY06-07.doc l 5-10 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION' DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Hilltop Middle School [School] has been awarded a State grant for the provision of additional before- and after-school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandurn of Understanding [MOU], for $6,000; and WHEREAS, these hours are in addition to the existing, budgeted after-school hours provided by the Recreation Department to the School; and WHEREAS, the School is proposing an MOU with the City for $6,000 to fund staffing for new extended hours from 5:15 p.m. to 6:15 p.m. Monday through Friday; and WHEREAS, the MOU covers the school year, from September 2006 through June 2007. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School for the provision of extended after-school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Fiscal Year 2007 Recreation Department budget is hereby amended by appropriating $6,000 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute the MOU on behalf of the City of Chula Vista. Presented by Approved as to form by Buck Martin Recreation Director ~~<1f'-"\,\t~\\- Aim Moore City Attorney H:\Attorney\Final Resos\2007\1 9 07\HilItop Middle School FY07 ~ Reso B.doc 5-11 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~1"<~ ~S>-~\ Ann Moore City Attorney Dated: b'-""- Co 1-001 J Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School 5-12 15 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HillTOP MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Hilltop Middle School (hereinafter "Middle Schoo'") to provide after-school program hours at Hilltop Middle School during the time school is in session between September 5, 2006 and June 15, 2007; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBiliTIES OF THE HillTOP MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional after-school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful after-school program. 3. Host bi-weekly meetings with City staff to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the after-school program hours. 6. Pay to the City an amount up to $6,000 for the City staff costs to provide the additional after-school program hours, as shown in Attachment A. II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional after-school program. Activities include sports, crafts, homework help, games, special events, field Page 1 5-13 trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional after-school program at Hilltop Middle School, during the days school is in session, from September 5, 2006 through June 15, 2007. Staffing will consist of 190 hours of a Recreation Specialist and 190 Recreation Leader II at the City's prevailing wages. The additional hour is from 5:15pm to 6:15pm on Mondays thru Fridays. Please see attachment "A" for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-weekly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional after-school program, in cooperation with Middle School staff. III. COMPENSATION Hilltop Middle School agrees to pay the City up to $6,000.00 to support activities provided by the City for the additional after-school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Hilltop Middle School during the school year beginning January 26, 2007 and at the school end, June 15, 2007 payable within 30 days of receipt. IV. TERMITERMINATION The term of this Agreement shall commence on September 5, 2006, and continue through June 15, 2007, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this subcontract by the parties, their agents, employees, subcontractors Page 2 5-14 or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA CHULA VISTA MIDDLE SCHOOL Stephen-e~ "PadHIa;-Mayor- Cheryl Cox, Mayor MA1f;'P 6-:t/AHJ Dianne Russo, SUHSD Chief Financial Officer Approved as to form by: Ann Moore City Attorney Page 3 5-15 Attachment A City of Chula Vista Recreation Department Staffing For Additional After-school Program At Hilltop Middle School The City shall provide the following staff and hours for the period of September 5, 2006 through June 15, 2007, on the days that school is in session, from Monday through Friday, based on 180 school days: 5:15pm - 6:15pm (1.00 hour per dav) Recreation Specialist: - 190 hours Recreation Leader II - 190 hours TOTAL: 380 Hours Page 4 5-16 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007. RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Castle Part Middle School [School] has been awarded a State grant for the provision of additional before- and after-school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding [MOU], for $6,000; and WHEREAS, these hours are in addition to the existing, budgeted after-school hours provided by the Recreation Department to the School; and WHEREAS, the School is proposing an MOU with the City for $6,000 to fund staffing for new extended hours from 5:00 p.m. to 6:00 p.m. Monday through Friday; and WHEREAS, the MOU covers the school year, from September 2006 through June 2007. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after-school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Fiscal Year 2007 Recreation Department budget is hereby amended by appropriating $6,000 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista. Presented by Approved as to form by ~~~~~ Ann oore City Attorney Buck Martin Recreation Director H:\Attorney\Final Resos\2007\1 9 07\Castle Park Middle School FY07 - Reso C.doc 5-17 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~~ Ann Moore City Attorney Dated: 1r"'--~ '100"1 .I Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School 5-18 C-. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Castle Park Middle School (hereinafter "Middle School") to provide after-school program hours at Castle Park Vista Middle School during the time school is in session between September 5,2006 and June 15, 2007; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBILITIES OF THE CASTLE PARK MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional after-school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful after-school program. 3. Host bi-weekly meetings with City staff to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the after-school program hours. 6. Pay to the City an amount up to $6,000 for the City staff costs to provide the additional after-school program hours, as shown in Attachment A. II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional after-school program. Activities include sports, crafts, homework help, games, special events, field Page 1 5-19 trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional after-school program at Castle Park Middle School, during the days school is in session, from September 5, 2006 through June 15, 2007. Staffing will consist of 190 hours of Recreation Specialist and 190 hours of Recreation Leader for a total of 000 hours at the City's prevailing wages. Additional after-school hours are added for both the Recreation Leader and Recreation Specialist, including one additional hour from 5: 15pm to 6: 15pm Monday -Friday. Please see attachment "A" for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-weekly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional after-school program, in cooperation with Middle School staff. III. COMPENSATION Castle Park Middle School agrees to pay the City up to $6,000.00 to support activities provided by the City for the additional after-school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Castle Park Middle School during the school year beginning January 26, 2007 and at the school end, June 15, 2007 payable within 30 days of receipt. IV. TERMfTERMINATION The term of this Agreement shall commence on September 5, 2006, and continue through June 15, 2007, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the Page 2 5-20 performance of this subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA CASTLE PARK MIDDLE SCHOOL AtJ/./14/~f ~~ Dianne Russo, SUHSD Chief Financial Officer -8tepheA -G.-Padilla;- Mayef Cheryl Cox, Mayor Approved as to form by: Ann Moore City Attorney Page 3 5-21 Attachment A City of Chula Vista Recreation Department Staffing For Additional After-School Program At Castle Park Middle School The City shall provide the following staff and hours for the period of September 5, 2006 through June 15, 2007, on the days that school is in session, from Monday through Friday, based on 180 school days: 5:15pm - 6:15pm (1.00 hours per day) Recreation Specialist: - 190 hours Recreation Leader - 190 hours TOTAL: 380 hours Page 4 5-22 RESOLUTION NO. 2006- RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE- AND AFTER- SCHOOL PROGRAM HOURS, AMENDING THE FY07 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,010, BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Chula Vista Middle School [School] as been awarded a State grant for the provision of additional before- and after-school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding [MOU] for $14,010; and WHEREAS, these hours are in addition to the existing, budgeted after-school hours provided by the Recreation Department to the School; and WHEREAS, the School is proposing an MOU with the City for $14,010 to fund staffing for new extended hours from 5: 15 p,m. to 6: 15 p,m, Monday through Friday; and WHEREAS, the MOU covers the school year, from September 2006 through June 2007, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City ofChula Vista and Chula Vista Middle School for the provision of extended after-school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Fiscal Year 2007 Recreation Department budget is hereby amended by appropriating $14,010 in unanticipated revenue, BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista, Presented by Approved as to form by Buck Martin Recreation Director ~~~~ Ann Moore City Attorney H:\AttomeylFinal Resos\2007\1 9 07lChula Vista Middle School FY07 - Reso D.doc 5-23 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~)(~\'\~).\- Ann Moore City Attorney Dated: ~~~ '1C\o, Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School 5-24 b MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Chula Vista Middle School (hereinafter "Middle School") to provide before- and after- school program hours at Chula Vista Middle School during the time school is in session between September 5, 2006 and June 15, 2007; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBILITIES OF THE CHULA VISTA MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional before- and after- school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful before- and after- school program. 3. Host bi-monthly meetings with City staff to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the before- and after- school program hours. 6. Pay to the City an amount up to $14,010 for the City staff costs to provide the additional before- and after- school program hours, as shown in Attachment A. II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional before- and after- school program. Activities include sports, crafts, homework help, games, special Page 1 5-25 events, field trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional before- and after- school program at Chula Vista Middle School, during the days school is in session, from September 5,2006 through June 15, 2007. Staffing will consist of 643.00 hours of Recreation Specialist, 263.00 hours of Recreation Leader II for a total of 915 hours at the City's prevailing wages. Additional after-school hours are added for both the Recreation Leader II and Recreation Specialist, including one hour from 5:15 p.m. to 6:15 p.m. Monday - Friday. Please see attachment "A' for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-monthly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional before- and after- school program, in cooperation with Middle School staff. III. COMPENSATION Chula Vista Middle School agrees to pay the City up to $14,010 to support activities provided by the City for the additional before- and after- school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Chuta Vista Middle School twice during the school year beginning January 26, 2007 and at the school end, June 15, 2007 payable within 30 days of receipt. IV. TERMfTERMINATION The term of this Agreement shall commence on September 5, 2006, and continue through June 15, 2007, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, Page 2 5-26 trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federallaws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA CHULA VISTA MIDDLE SCHOOL Stepherr 'Padif1cr, Mayor- Cheryl Cox, Mayor 4AA'b ~/~41'A'Y Dianne Russo, SUHSD Chief Financial Officer Approved as to form by: Ann Moore City Attorney Page 3 5-27 Attachment A City of Chula Vista Recreation Department Staffing For Additional Before- and After- School Program At Chula Vista Middle School The City shall provide the following staff and hours for the period of September 5, 2006 through June 15, 2007, on the days that school is in session, from Monday through Friday, based on 180 school days: 6:00 -8:00 am 12 hours oar dav) Recreation Specialist - 380 hours- TOTAL: 380 hours 5:15 pm - 6:15 pm 11 hour per dav) Recreation Specialist: - 190 hours Recreation Leader II - 190 hours TOTAL: 380 hours Hours for staff meetinas. field trips. special events. as needed Recreation Specialist: - 30 hours (pHAT Friday's) Recreation Leader 11- 30 hours (pHAT Friday's) Recreation Specialist - 30 hours (Early Dismissal) Recreation Leader II - 30 hours (Early Dismissal Recreation Specialist -13 hours (Staff Meetings) Recreation Leader 11-13 hours (Staff Meetings) TOTAL: 146 hours Summarv: Recreation Specialist: - 643 hours Recreation Leader II - 263 hours TOTAL: 906 hours - The Chula Vista Middle School will ensure that additional staff from the school and the Chula Vista YMCA, a collaborative partner to the school, is also present during these hours so that the Recreation Specialist is not alone during these early morning hours. Page 4 5-28 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT HILLTOP, CHULA VISTA, RANCHO DEL REY, AND CASTLE PARK MIDDLE SCHOOLS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the adopted Fiscal Year 2007 Recreation Department budget includes funding of$15,010 to contract with the YMCA of San Diego County South Bay Branch [YMCA] for the provision of after-school services at four middle school sites during non-school hours; and WHEREAS, the City of Chula Vista has contracted with the YMCA for these services on an annual basis since 1993, when the City Council initially approved funding for the newly established Youth Action Program; and WHEREAS, the City has $15,010 budgeted in the Recreation Department operating budget for South Bay YMCA to provide after-school programs at four middle schools: Hilltop, Chula Vista, Rancho Del Ray, and Castle Park; and WHEREAS, funds are disbursed quarterly on a reimbursement basis, upon receipt from the YMCA of submittals including, but not limited to, employee timesheets, expenditure receipts, and monthly service and financial reports; and, WHEREAS, funds of$15,01O for the agreement with the South Bay YMCA are ongoing and are already included in the Fiscal Year 2007 Recreation Department budget, and do not need to be appropriated; and WHEREAS, one-half of this $15,010 cost is reimbursed to the City ofChula Vista by the Sweetwater Union High School District. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City ofChula Vista and the YMCA of San Diego County South Bay Branch for the provision of after-school program hours at Hilltop, Chula Vista, Rancho del Rey, and Castle Park Middle Schools, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista. Presented by Approved as to form by ~~~~~ Ann Moore City Attorney Buck Martin Director of Recreation 5-29 H:\Attollley\Final Resos\20Q7\1 9 07\YMCA South Bay Branch FY07 - Reso E.doc THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~<l~\ Ann Moore City Attorney Dated: bl.UV\ 3. 'Z..<:101 I Agreement between the City of Chula Vista and YMCA of San Diego County South Bay Branch for the Provision of After-School Program Services at Four Middle Schools 5-30 e... AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH A NONPROFIT PUBLIC BENEFIT CORPORATION For the provision of after-school program services at four middle schools THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and YMCA of San Diego County South Bay Branch, a nonprofit Public Benefit Corporation (hereinafter referred to as "YMCA") to provide after-school services ("YMCA Program") at, Castle Park, Chula Vista, Hilltop, and Rancho Del Rey Middle Schools ("Middle Schools") during the time school is in session between July 1, 2006 and June 30, 2007; WITNESSETH WHEREAS, coordinated after-school programs are currently provided at Castle Park, Chula Vista, Hilltop, and Rancho Del Rey Middle Schools by staff from the City, YMCA, South Bay Community Services ("Middle School Staff'), and staff from the Middle Schools ("School Coordinators"); and WHEREAS, the purpose of this Agreement is to have the City and YMCA establish a formal working relationship, and delineate the responsibilities of the YMCA to provide a YMCA Program at the Middle Schools and the compensation to be provided. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. RESPONSIBILITIES OF THE YMCA YMCA shall perform the following: 1. Promote and foster a positive environment for the development of a successful after-school program at the Middle Schools. 2. Attend bi-weekly School Coordinator's meetings at each school to discuss program goals and effectiveness. 3. Provide a YMCA Program, at each school, of ten (10) hours per week for a 39 week session during the school year; and ten (10) hours of staffing for Special Event programs (an event which departs from the routine, and is considered a program highlight), during the time period of the Agreement. 4. It is agreed that the YMCA will absorb other necessary expenses for required services in connection with the YMCA Program as its portion of the Agreement. 5. Provide a YMCA Supervisor to oversee and coordinate the after-school program, in cooperation with Middle School staff. II. RESPONSIBILITIES OF THE CITY City shall perform the following: 1. Pay to the YMCA an amount up to $15,010 for the YMCA to provide the YMCA Program at Middle Schoois. Page 1 of 3 5-31 III. COMPENSATION The City agrees to pay YMCA the sum of up to $15,010 to support after-school program services at four middle schools. It is the expectation of the parties that the funds are intended only to pay for staffing expenses. The amount set forth above is based on $3,753 per year for all four Middle Schools stated above. The City will disburse funds after submittal of a quarterly invoice as detailed below (on October 1, 2006; January 1, 2007; April 1, 2007; and June 1, 2007. All invoices must be accompanied by a computer-generated (not spreadsheet) report. All invoices shall include Financial Summary Sheets, staff names, positions, hourly rates, costs and any other information as may be required by the Director of the Recreation.Department. IV. TERMINATION The term of this Agreement shall be July 1, 2006 through June 30, 2007 for services to be provided during the School Year of July 17, 2006 through June 15, 2007. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INSURANCE 1. INSURANCE AND INDEMNIFICATION Throughout the term of the Agreement, at YMCA's sole cost and expense, YMCA shall keep or cause to be kept in full force and effect, for the mutual benefit of City and YMCA, comprehensive, broad form, general commercial liability insurance against claims and liability for personal injury, death, or property damage arising from YMCA's operations, providing protection of at least Two Million Dollars ($2,000,000) combined single limit. All insurance required by this provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and rated A-5 or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager of the City of Chula Vista. YMCA agrees the City, its elected officials, officers, and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, and (3) they cannot be canceled or materially changed except after thirty (30) days notice by the insurer to the City. YMCA shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. YMCA agrees to hold harmless the City, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this subcontract by the parties, their agents, employees or others except for only those claims arising from the sole negligence or sole willful misconduct of City, its officers, agents, or employees. It is understood that such indemnity shall survive the termination of this agreement. 2. PERMITS/CHARGES YMCA shall, at its sole cost and expense, obtain any and all other governmental permits, approvals, or concurrences required. Further, YMCA agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to providing a YMCA Program at the Middle Schools. 3. TRANSFER OR ASSIGNMENT YMCA shall not assign or transfer this permit or any interest therein, nor shall this Agreement be subject to transfer or assignment by any court in any proceeding in which the YMCA is involved without the Director of Recreation's prior written approval of such assignment or transfer. Page 2 of 3 5-32 VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or YMCA discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA YMZ:::;;? ~aY Bran~h Richard A. Collato, President & CEO Stephen C. Padilla, Mayor Approved as to form by: Ann Moore City Attorney Attest: Susan Bigelow, City Clerk Page 3 of 3 5-33 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $8,371 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the YMCA of San Diego County has requested that the Recreation Department provide after-school programming at Castle Park Middle School and Hilltop Middle School as part of the Critical Hours Program via a Memorandum of Understanding [MOU], for $8,371; and WHEREAS, the YMCA Youth and Family Services has awarded the City, through its Recreation Department, a $8,371 contract for the provision of enhanced after-school programming at Castle Park Middle School and Hilltop Middle School; and WHEREAS, the funding is part of a grant applied for and received by the Chula Vista Youth Coalition from the County of San Diego Critical Hours funding; and WHEREAS, the YMCA is the designated fiscal agent for the grant, and as such, is subcontracting various services to be provided by several Youth Coalition members. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and the YMCA of San Diego County for the provision of after-school program hours at Castle Park Middle School and Hilltop Middle School, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Fiscal Year 2007 Recreation Department budget is hereby amended by appropriating $8,371 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista. Presented by Approved as to form by Buck Martin Director of Recreation ~}<li'\\.~'f~~ Ann Moore City Attorney H:\Attomey\Final Resos\2007\1 9 07\YMCA FY07 - Reso F.doc 5-34 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~<:If\i\ ~~ Ann Moore City Attorney Dated: b-ll\. _3 . 'LJJcil , Subcontract between the YMCA of San Diego County Youth & Family Services - School Outreach Services and the City of Chula Vista 5-35 F SUBCONTRACT BEnNE EN THE YMCA OF SAN DIEGO COUNTY, YOUTH & FAMILY SERVICES - SCHOOL OUTREACH SERVICES AND THE CITY OF CHULA VISTA This Subcontract, entered into on this day of . 2006, by and between the YMCA of San Diego County - Youth & Family Services ("YMCA"), a California Non-Profit Public Benefit Corporation, 4080 Centre Street, #101, San Diego, CA 92103, hereinafter referred to as YMCA and the City of Chula Vista, 276 - 4th Ave, Chula Vista, CA 91910 ("City"). RECITALS WHEREAS, the County of San Diego ("County") has established the Critical Hours Program, which purpose is to provide after school sports, recreation activities and specialized classes to students during the hours of the day when most parents are still at work; and WHEREAS, the County has contracted with the YMCA to implement this program in schools throughout the County; and WHEREAS, the YMCA and the City desire to work cooperatively to operate the Critical Hours Program at Castle Park and Hilltop Middle Schools, which are part of the Sweetwater Union High School District (hereinafter "District"); and WHEREAS, to effectuate this goal, the YMCA is subcontracting with the City to provide after school sports, recreational activities, and specialized classes to students at the Middle Schools; and WHEREAS, the purpose of this Subcontract is to establish a formal working relationship between the YMCA and the City, based upon the policy , set forth in the Critical Hours Program contract between the County and YMCA. NOW, THEREFORE, the Parties hereto do mutually agree as follows: I. RESPONSIBILITIES OF THE YMCA The YMCA shall perform the following: A. Fiscal Lead Agency 1. YMCA shall serve as the lead fiscal agency in obtaining funds for the administration and operation of the Critical Hours Program at Castle Park and Hilltop Middle Schools. 5-36 2. Administer and report back to the funding source, the County, on the objectives outlined in the Critical Hours contract. B. Program staffing. The YMCA agrees to provide the following staff to meet the Critical Hours objectives: Regional Coordinator to oversee both sites and one Site Supervisor and one Youth Outreach Leader per site. C. Program Management - as per contract with the County. D. Program Monitoring - as per contract with the County. E. Program Evaluation - as per contract with the County. II. RESPONSIBILITIES OF THE CITY The City shall perform the following services at Castle Park and Hilltop Middle Schools: A. Provide sports and recreational activities similar to the existing after school program to students participating in the Critical Hours-funded after school program. Planned activities include sports, crafts, homework help, games, special events, field trips, and specialized classes. The program shall be free to all participants. B. Allocate Recreation Department staff time to after school programs at Hilltop Middle School and at Castle Park Middle School as outlined in Attachment A. C. Provide contractual classes in the area of recreation, as needed, as an incentive for youth participating in Critical Hours programs at both Castle Park and Hilltop Middle Schools. D. Adhere to all program objectives as required by the County-YMCA Critical Hours contract. E. Notify YMCA Critical Hours Site Supervisors should staff be unable to attend any of the required days or if contractual services schedules need to be changed. F. Staff shall attend all trainings for Critical Hours and other appropriate trainings provided by the Chula Vista Youth Coalition. This Coalition is comprised of all of the agencies involved with the Middle School after school program. 2 5-37 G. Staff shall participate in community events such as Safe Nights, school orientations and other events sponsored by the Chula Vista Youth Coalition. III. COMPENSATION A. The YMCA agrees to compensate the City the sum of up to $8,370.86 from the Critical Hours Program funds granted to the YMCA by the County to pay for the City staff time actually expended to perform the after school programs which are the subject of this Subcontract. The only City services/expenditures eligible for payment are those costs outlined in Attachment A. Payment will be made only upon submittal of an invoice as detailed below. This is also contingent upon the program being operational from September 5, 2006 - June 15, 2007. All invoices must be accompanied by a computer-generated (not spreadsheet) report for the funds being requested for reimbursement. A trial balance sheet, general ledger or a report that shows revenue and expense for this Subcontract shall be accepted. All invoices shall show staff names, positions, hourly rates, and costs. B. Transfer payments shall be made to the City within one month of the YMCA receiving payment from the County and is contingent upon receipt of monthly statistical reports, Attachment 3 - CSA Debarment and OIG Exclusion List Check, and the computer-generated report detailing all program-related expenses. Failure to send in the requested required Debarment form, and computer-generated report shall result in a delay of payment. IV. TERMITERMINATION A. The term of this Subcontract shall commence on September 5, 2006 and continue through June 15, 2007. This Subcontract may be terminated by either party upon thirty (30) day advance written notice. V. AMENDMENTS A. Amendments to this Subcontract may only be made through a mutual written agreement by both parties. 3 5-38 VI. HOLD HARMLESS INDEMNIFICATION A. Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of. the performance of this Subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this Subcontract. B. The City shall be maintain a $2 million in liability insurance and shall name the YMCA of San Diego County as additionally insured. VII. FINGERPRINT CLEARANCE A. Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle Schools discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered (to the extent allowed by law) to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the City and the YMCA have executed this Subcontract thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: By ~P('cJd Title CFo Date /z{I'o/~' City of Chula Vista By Cheryl Cox, Mayor Date Approved as to form by: Ann Moore, City Attorney 4 5-39 Attachment A City of Chula Vista Recreation Department Staffing For Additional After- School Programs At Hilltop and Castle Park Middle Schools The City shall provide the following staff and hours for the period of September 5, 2006 through June 15, 2007, on the days that school is in session, funded by the Critical Hours Grant: Hilltop Middle School Fall: Monday and Wednesday 3: 15 - 5: 15pm for 15 weeks Winter and Spring: Monday and Wednesday 3:15 - 5:15 pm for 23 weeks Recreation Specialist - 152 hours = $2,283.97 Recreation Leader - 152 hours = $1901.46 Total: 304 hours = $4,185.43 Castle Park Middle School Fall: Tuesday and Thursday 3:15 - 5:15pm for 15 weeks Winter and Spring: Tuesday and Thursday 3:15 - 5:15pm for 23 weeks Recreation Specialist - 152 hours = $2,283.97 Recreation Leader - 152 hours = $1901.46 Total: 304 hours = $4,185.43 Grand Total: $8,370.86 5 5-40 T MEMORANDUM OF INSURANCE !ISSUE DATE 12/11/2006 ALLlANT INSURANCE SERVICES, INC. THIS MEMORANDUM IS ISSUED AS A MATTER OF P.O. BOX 6450 INFORMATION ONLY AND CONFERS NO RIGHTS UPON NEWPORT BEACH, CA 92658-6450 THE MEMORANDUM HOLDER. THIS MEMORANDUM (949) 756-0271 DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. SAN DIEGO POOLED INSURANCE COVERAGE AFFORDED BY . INSURED PROGRAM AUTHORITY AND MEMBER AGENCY OF: LETTER A: INDIVIDUAL CITY'S SELF-INSURED RETENTION CITY OF CHULA VISTA 276 FOURTH AVENUE LETTER B: "San Diego Pooled Insurance Program Authority, A Public CHULA VISTA, CA 91910 Agency." , MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. MEMORANDUM MEMORANDUM MEMORANDUM LIABILITY LIMITS IN THOUSANDS LTR TYPE OF COVERAGE NUMBER EFFECTIVE EXPIRATION EACH DATE DATE OCCURRENCE AGGREGATE A GENERAL AND SELF INSURED 07/01/06 07/01/07 AUTOMOBILE LIABILITY BI&PD 250, N1A COMBINED PERSONAL INJURY INCL. B EXCESS LIABILITY" SDC 0021 07/01/06 07/01107 BI&PD COMBINED 1,750, .. THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS-MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS I CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ONLY AS RESPECTS TO SCHOOL OUTREACH SERVICES; CRITICAL HOURS PROGRAM AT CASTLE PARK AND HILL TOP MIDDLE SCHOOLS. AGREEMENT 9/5/06 TO 06/15/07. SUBJECT TO POLICY TERMS CONDITIONS AND EXCLUSIONS. AI MEMORANDUM HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE EXPIRATlON DATE THEREOF, THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRESENTATIVES. EXCEPT 10 DAYS FOR NOn.PAYMENT OF PREMIUM. YMCA OF SAN DIEGO COUNTY YOUTH & FAMILY SERVICES 4080 CENTRE STREET #101 AUTHORIZED SIGNATURE I SAN DIEGO, CA 92103 ~ C c/r?r;;- G:\JPUnit\Sandpipa\Sd-Uability\Sd-Uab-cer\_Sd Pool Liab Cert-PrLdoc 5-41 Endorsement Per Contract Effective 7/1/06 Contract Number SDC 0021 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1/98, that the following amendments I additions apply: 1. Section III - Persons and/or Entities Covered, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a. is covered by this Memorandum ofInsurance; and b. arises out of: 1. the normal course of the Named Covered Party's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Covered Party; or 3. work performed for that Covered Party by the Named Covered Party; or 4. that Covered Party's financial control of the Named Covered Party; or 5. the maintenance, operation or Use by the Named Covered Party of any equipment or Automobile leased to you by such person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will be: a. the minimum limits of coverage which the Named Covered Party agreed to provide; or b. the limits of coverage of this Memorandum of Insurance, whichever is less. 3. Coverage provided under this Endorsement may be primary over any applicable insurance, and the Authority may provide a notice of cancellation if requested. 4. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Covered Party ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0021 of the San Diego Pooled Insurance Program Authority Memorandum ofInsurance. By: day of December, 2006. ~ C clYtr;r- Authorized Representative Dated at: NewDort Beach this 11 OcUPUNmSANDPIPAISo.LlABILITY\SO.L1AB-CERI06-07 _SD-POOL-AI-END.DOC 5-42