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HomeMy WebLinkAboutCC Resolution 12326 (Camp Chance MOU)RESOLUTION NO. 12326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE MEMORANDUM OF UNDERSTANDING FOR CAMP CHANCE 2007 AND AUTHORIZING EXECUTION BY THE CHIEF OF POLICE. (Term of Agreement shall commence on July 16, 2007 and shall continue on an annual basis until such time that the agreement is modified or terminated) WHEREAS, the City of San Rafael and the Marin County YMCA have entered into a written Memorandum of Agreement dated July 16, 2007 to facilitate Camp Chance 2007; and WHEREAS, Camp Chance, in existence since 1999, creates an opportunity for community partnership between law enforcement and at -risk youth and this partnership helps deter youth crime and increases a sense of hope for a future filled with positive choices; and WHEREAS, Camp Chance gives community at -risk youth an opportunity to experience a structured and challenging, but enjoyable, overnight summer camp experience; and WHEREAS, The Camp Chance experience fosters increased self-esteem and gives at - risk youth another opportunity to learn about healthy minds, emotions and bodies; NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Memorandum of Understanding for Camp Chance 2007 and authorizes execution by the Chief of Police. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6t' day of August, 2007 by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None anne M. Leon cini, City Clerk MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF SAN RAFAEL, THE MARIN COUNTY SHERIFF'S OFFICE AND YMCA OF SAN FRANCISCO (MARIN BRANCH) SUPPORTING CAMP CHANCE 2007 This Agreement is made and entered into this 16th day of July, 2007, by and among the CITY OF SAN RAFAEL (hereinafter "CITY'), the MARIN COUNTY SHERIFF'S OFFICE (herftnafter "MCSO") and YMCA OF SAN FRANCISCO-MARIN BRANCH (hereinafter "YMCA"). RECITALS WHEREAS, for numerous years, the City of San Rafael Police Department has operated a successful summer recreational event known as Camp Chance (hereinafter, "PROGRAM") so as to provide a summer -time outdoor experience for at -risk youth; and, WHEREAS, the MCSO desires to partner with CITY in the establishment and operation of PROGRAM; and, WHEREAS, YMCA has the expertise, organization, training and experience to administer and operate a summer camp such as PROGRAM and is willing and able to do so for CITY; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. STATEMENT OF INTENT. The parties intend by this agreement to establish and define their business, administrative and operational responsibilities in relations to the PROGRAM. 2. PROJECT COORDINATION. A. CITY. The Police Chief of the San Rafael Police Department is hereby designated the ]ROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. MCSO. The Marin County Sheriff is hereby designated the PROJECT MANAGER for the MCSO, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. C. YMCA. The Executive Director of the YMCA of San Francisco is hereby desioated the PROJECT MANAGER for the YMCA, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 1 3. DUTIES OF YMCA. Pursuant to the terms of this Agreement, YMCA shall provide the following services or requirements for the PROGRAM: a. Obtain a location for the PROGRAM. b. Develop a day-by-day schedule of activities for PROGRAM. c. Provide all necessary food and supplies for PROGRAM. d. Provide appropriate number of counselors for supervision of PROGRAM participants. e. Provide any sub -contractors necessary for PROGRAM activities. f. Provide all fingerprinting and background checks of PROGRAM counselors, lifeguards, cook and any other staff. g. Provide orientation and training for PROGRAM staff and participating CITY and MCSO officers. h. Screen applications forms, interview student participants, determine eligibility for PROGRAM, inform parents and track and maintain all registration paperwork. i. Arrange and host for the students' parents a PROGRAM orientation and information meeting with YMCA staff and participating CITY and MCSO officers. j. Provide all necessary transportation to and from PROGRAM. k. Provide for and maintain an accounting of all revenue and expenditures and provide copies of same to CITY in a timely manner. 4. DUTIES OF CITY. Pursuant to the terms of this Agreement, CITY shall provide the following services or requirements for the PROGRAM: a. Provide an appropriate number of CITY officers for the PROGRAM on a schedule to be mutually determined by the parties and ensure the officers attendance including the parent orientation. b. Provide CITY/officer portions of PROGRAM. c. Compensate YCMA for PROGRAM expenses as specified in Section 6. 5. DUTIES OF MCSO. Pursuant to the terms of this Agreement, MCSO shall provide the following services or requirements for the PROGRAM: a. Provide an appropriate number of MCSO officers for the PROGRAM on a schedule to be mutually determined by the parties and ensure the officers attendance including the parent orientation. b. Provide MCSO/officer portions of PROGRAM as applicable. 6. COMPENSATION. For the full performance of the services described herein by YMCA, CITY shall pay 2 YMCA for its actual expenditures for PROGRAM. Such expenditures shall include salaries and benefits for the Youth Services Bureau Program Supervisor, police officers and program training personnel. 7. TERM OF AGREEMENT. The term of this Agreement shall commence on July 16, 2007 and shall continue on an annual basis until such time that the Agreement is modified or terminated. TERMINATION. Either party may terminate this Agreement without cause upon ninety (90) days written notice mailed or personally delivered to the other party. Additionally, either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement, CITY shall compensate YCMA based upon the work completed and YCMA shall be entitled to no further compensation. 9. INDEMNIFICATION. a. YMCA shall defend, indemnify and hold harmless CITY, MCSO, their officers, employees, agents and volunteers against any and all claims, damages, losses, expenses (including reasonable attorneys' fees) and liabilities (referred to collectively as "losses") of any kind or character arising out of and in the course of YMCA's performance under this Agreement, excepting only losses caused solely by the gross negligence or intentional misconduct of CITY, MCSO, their officers, employees, agents or volunteers. b. CITY shall defend, indemnify and hold harmless YMCA, MCSO, their officers, employees, agents and volunteers against any and all claims, damages, losses, expenses (including reasonable attorneys' fees) and liabilities (referred to collectively as "losses") of any kind or character arising out of and in the course of CITY's performance under this Agreement, excepting only losses caused solely by the negligence or intentional misconduct of YMCA, MCSO, their officers, employees, agents or volunteers. c. MCSO shall defend, indemnify and hold harmless CITY, YMCA, their officers, employees, agents and volunteers against any and all claims, damages, losses, expenses (including reasonable attorneys' fees) and liabilities (referred to collectively as "losses") of any kind or character arising out of and in the course of MCSO's performance under this Agreement, excepting only losses caused solely by the gross negligence or intentional misconduct of CITY, YMCA, their officers, employees, agents or volunteers. 3 10. INSURANCE. a. YMCA. During the term of this Agreement and at its sole cost and expense, YMCA shall maintain a general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; an automobile liability (owned, non -owned, and hired vehicles) insurance policy with a combined single limit of not less than one million ($1,000,000) dollars per occurrence; workers compensation insurance as required by applicable law; and Employer's Liability insurance with limits of not less than one million ($1,000,000.00) dollars per employee for bodily injury or disease. The insurance policies shall be endorsed to name CITY, MCSO, their officers, employees, agents and volunteers as additional insureds under those policies. YCMA shall provide CITY and MCSO a Certificate of Insurance evidencing the required insurance and endorsements to the applicable policies naming the CITY, MCSO, their officers, employees, agents and volunteers as additional insureds under thoise policies. b. CITY. The parties understand acknowledge and agree that CITY has no commercially purchased insurance policies and is self-insured for general liability for the first $500,000.00. Under a "Memorandum of Coverage", the City does participate in a public -entity excess liability "pool", the California Joint Powers Risk Management Authority (CJPRMA), for additional liability coverage in excess of the initial $500,000.00 self-insured retention. Upon request, CJPRMA will issue an "additional covered party" certificate which will provide the holder the same coverages as provided to the City under the Memorandum of Coverage. YMCA understands, acknowledges and agrees that this statement of self-insurance and any additional covered party certificate (issued upon request) satifies the CITY's insurance requirement under this Agreement. c. MCSO. The parties understand acknowledge and agree that MCSO has no commercially purchased insurance policies and is self-insured for general liability. YMCA understands, acknowledges and agrees that this statement of self-insurance and any additional covered party certificate (issued upon request) satisfies MCSO's insurance requirement under this Agreement. 11. NONDISCRIMINATION. YCMA shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. INSPECTION AND AUDIT. Upon reasonable notice, YMCA shall make available to CITY or its agents, for inspection and audit, all documents and materials maintained by YMCA in connection with its performance of its duties under this Agreement. YMCA shall fully cooperate with CITY or its agents in any such audit or inspection. 4 13. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other parties, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 14. COMPLIANCE WITH ALL LAWS. YMCA shall observe and comply with all federal, state and local laws, ordinances, codes and regulations applicable to the administration and operation of PROGRAM. YCMA shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. YCMA shall release, defend, indemnify and hold harmless CITY, MCSO, their officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Matthew Odetto, Chief of Police Project Manager City of San Rafael 1400 Fifth Avenue (P.O. Box 151560) San Rafael, CA 944915-1560 (415) 485-3009 TO MCSO: Robert Doyle, Marin County Sheriff (Project Director) Marin County Sheriffs Office 3501 Civic Center Drive #145 San Rafael, California 94903 (415) 499-7552 TO YCMA: Linda Griffith Vice President of Risk Management & Legal Affairs Ms. Luann Jackman, Marin Branch Executive Director YMCA of San Francisco 631 Howard Street #500 San Francisco, California 94105 (415) 777-9622 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, YMCA, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY or MCSO. The parties expressly intend and agree that the status of YMCA, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY or MCSO. The CITY, MCSO and any of their officers, agents and employees, shall not have control over the conduct of YMCA or any of its officers, agents or employees. YMCA shall not at any time or in any manner represent that it or any of its officers, agents or employees are in any manner agents or employees of CITY or MCSO. 17. ENTIRE AGREEMENT -- AMENDMENTS. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter among the parties. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the parties. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL MATTHEW ODETTO, Police Chief ATTEST: N' C LINTY SHERIFF'S OFFICE _' 1 I ROB OYLE, Marin C64ty Sheriff ATTEST: JtANNE M. 20�CM, Clerk APPR D A ORM: APPROVED AS TO FORM: 6ARY T. HIANTI ity Attorney YMCA OF SAN FRANCISCO t7b� GRIFF T , e President of Risk Management & Legal Affairs LUANN JACKMAN, Marin Branch Executive Director