HomeMy WebLinkAboutCC Resolution 13549 (Camp Chance)RESOLUTION NO. 13549
A RESOLUTION OF THE CITY COUNCIL APPROVING AND
AUTHORIZING EXECUTION BY THE CITY MANAGER OF AN
AGREEMENT BETWEEN THE CITY OF SAN RAFAEL, THE COUNTY OF
MARIN, AND THE MARIN COUNTY OFFICE OF EDUCATION
REGARDING CAMP CHANCE.
WHEREAS, the City of San Rafael, Marin County Sheriffs Office, and the Marin County
Office of Education entered into a written Memorandum of Agreement, dated June 16, 2008, for
the operation of Camp Chance at Walker Creek Ranch in 2008 and thereafter;; and
WHEREAS, Camp Chance creates an opportunity for a 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; and
WHEREAS, there is a need for a new Agreement between the City of San Rafael, the
County of Marin on behalf of the Marin County Sheriffs Office, and the Marin County Office of
Education (MCOE) to reflect the City of San Rafael's taking over responsibility from the MCOE
for providing camp counselors at Camp Chance and the consequent reduction in the rental
charge by MCOE for the Walker Creek Ranch facility used for Camp Chance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves and authorizes the City
Manager to execute the Agreement Among the City of San Rafael, the County of Marin, and the
Marin County Office of Education Regarding Camp Chance, in the form attached to the Staff
Report and on file with the City Clerk.
I, Esther Beirne, 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 17th day of June 2013, by the following vote, to wit:
AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther Beirne, City Clerk
AGREEMENT AMONG
THE CITY OF SAN RAFAEL, THE COUNTY OF MARIN,
AND THE
MARIN COUNTY OFFICE OF EDUCATION
REGARDING CAMP CHANCE
This Agreement is made and entered into this 2 S t h day of J 11 n e , 2013, by and among
the CITY OF SAN RAFAEL on behalf of its Police Department (hereinafter "CITY"), the
COUNTY OF MARIN on behalf of its Sheriff's Office (hereinafter "MCSO") and the MARIN
COUNTY OFFICE OF EDUCATION on behalf of its Walker Creek Ranch Unit (hereinafter
" MCOE").
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/underserved youth ("campers")which serves
to build rapport between officers and campers and thereby reduce gang involvement and juvenile
crime; and,
WHEREAS, MCSO desires to partner with CITY in the establishment and operation of
PROGRAM; and,
WHEREAS, NICOE 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.
PROJECT COORDINATION.
A. CITY. The Police Chief of the San Rafael Police Department is hereby designated
the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all
aspects of the progress and execution of this Agreement on behalf of CITY.
B. MCSO. The Marin County Sheriff is hereby designated the PROJECT MANAGER
for the NICSO, and said PROJECT MANAGER shall supervise all aspects of the progress and
execution of this Agreement on behalf of MCSO.
C. MCOE The Marin County Superintendent of Schools is hereby designated the
PROJECT MANAGER for the MCOE, and said PROJECT MANAGER shall supervise all
aspects of the progress and execution of this Agreement on behalf of MCOE.
3. DUTIES OF MCOE.
Pursuant to the terms of this Agreement, MCOE shall:
a. Provide a location for the PROGRAM at its Walker Creek Ranch property, as scheduled
by mutual agreement of MCOE and CITY.
b. Develop a day-by-day schedule of camp activities for PROGRAM.
c. Provide all necessary food and supplies for PROGRAM.
d. Provide appropriate number of naturalist staff for additional supervision of PROGRAM
campers, and provide CITY with satisfactory evidence that such staff have received the
required mandatory reporter training and statements.
e. Provide any sub -contractors necessary for PROGRAM activities.
F. Provide all fingerprinting and background checks of MCOE PROGRAM staff.
g. Provide orientation and training for MCOE PROGRAM staff, for participating CITY
and MCSO officers and professional personnel, and for CITY counselors and
counselors -in -training.
h. Arrange and host for the campers" parents a PROGRAM orientation and information
meeting with MCOE staff and participating CITY and MCSOSO officers.
4. DUTIES OF CITY.
Pursuant to the terms of this Agreement, CITY shall:
a. Provide an appropriate number of CITY Police Department officers and professional
personnel for a Police Department portion of the PROGRAM, on a schedule to be mutually
determined by the parties and ensure the officers' and professional personnel's attendance at
the PROGRAM, including the parent orientation.
b. Provide an appropriate number of CITY counselors for the PROGRAM to supervise
PROGRAM campers, and an appropriate number of CITY counselors -in -training to assist
the CITY counselors in such supervision of campers, and provide MCOE with satisfactory
evidence that such counselors have received the required mandatory reporter training and
statements.
c. Provide all marketing, promotion and recruitment of campers.
d. Screen applications forms, interview campers, determine eligibility for PROGRAM, inform
campers' parents and track and maintain all registration paperwork and provide completed
paperwork to MCOE no later than 14 days in advance of Camp.
e. Arrange and host for the campers' parents a PROGRAM orientation and information
meeting with participating CITY and NICSO officers.
f. Provide all necessary transportation for campers to and from the PROGRAM with a pick-
up and drop-off point selected by CITY.
g. Compensate A'ICOE for PROGRAM expenses as specified in Section 6.
I
5. DUTIES OF MCSO.
Pursuant to the terms of this Agreement, MCSO shall provide an appropriate number of
MCSO Sheriff's officers for a Sheriff's Office portion of the PROGRAM on a schedule to be
mutually determined by the parties and ensure the officers' attendance including the parent
orientation.
6. COMPENSATION.
For the full performance of the services described herein by MCOE, CITY shall pav
MCOE for its actual expenditures for the PROGRAM, based on a registration fee of $500 per
camper, a minimum of 30 campers and a maximum of 100 campers. CITY shall pav MCOE a
25% deposit (based on the minimum of 30 campers) 30 days in advance of commencement of
the PROGRAM to reserve space and services. CITY shall pav the final balance due, based on
the actual number of campers, within 30 days of the completion of the PROGRAM and CITY's
receipt of MCOE's invoice.
CITY and MCSO shall receive no compensation from any of the other parties for the
performance of their duties under this Agreement.
7. TERM OF AGREEMENT.
The term of this Agreement shall commence as of the date first hereinabove written, and
shall continue on an annual basis until such time that the Agreement is modified or terminated.
8. TERMINATION.
Any party may terminate this Agreement without cause upon ninety (90) days written notice
mailed or personally delivered to the other parties. Additionally, any party may terminate this
Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the
other parties, and the notified parties' 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, no party shall incur additional obligations under any
provisions of this Agreement. CITY shall compensate NICOE based upon the work completed
and MCOE shall be entitled to no further compensation.
9. INDEMNIFICATION.
a. MCOE 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 (refereed to collectively as "losses") of any kind or
character arising out of and in the course of MCOE'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 MCOE, MCSO, their officers,
employees, agents and volunteers against any and all claims, damages, losses, expenses (including
reasonable attorneys' fees) and liabilities (refereed 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 MCOE, MCSO, their
officers, employees, agents or volunteers.
C. MCSO shall defend, indemnify and hold harmless CITY, MCOE, 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, MCOE, their
officers, employees, agents or volunteers.
10. INSURANCE.
a. MCOE. The parties understand acknowledge and agree that MCOE has no
commercially purchased insurance policies, and is self-insured under the Marin Schools Insurance
Authority, with an excess liability binder of coverage under the Joint Powers Authority. Upon
request, the Marin Schools Insurance Authority will issue an "additional covered party" certificate
which will provide the holder the same coverage as provided to the MCOE under the Marin
Schools Insurance Authority and the binder of coverage with the Joint Powers Authority.
The parties understand acknowledge and agree that this statement of self-insurance and any
additional covered party certificate (issued upon request) satisfies the MCOE insurance requirement
under this agreement.
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, CJPRIVIA 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. MCOE
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. MCOE
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.
MCOE 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, MCOE shall make available to CITY or its agents, for inspection
and audit, all documents and materials maintained by MCOE in connection with its performance of
its duties under this Agreement. MCOE shall fully cooperate with CITY or its agents in any such
audit or inspection.
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.
MCOE shall observe and comply with all federal, state and local laws, ordinances, codes
and regulations applicable to the administration and operation of the PROGRAM. MCOE shall
perform all services under this Agreement in accordance with these laws, ordinances, codes and
regulations. MCOE 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: DIANA BISHOP, Chief of Police
Project Manager
City of San Rafael
1400 Fifth Ave. (P.O. Box 151560)
San Rafael, CA 944915-1560
(415)485-3000
TO MCSO: Robert T. Doyle, Marin County Sheriff
Project Manager
Marin County Sheriff's Office
3501 Civic Center Drive # 145
San Rafael, California 94903
(415)473-7250
TO MCOE: Mary Jane Burke, Marin County Superintendent of Schools
Project Manager
Marin County Office of Education
I l 11 Las Gallinas Avenue
P.O. Box 4925
San Rafael, CA 94913
415-499-5801
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, MCOE, its officers, agents and
employees shall act in the capacity of an Independent Contractor, and not as employees of the
CITY or NICSO. The parties expressly intend and agree that the status of NICOE, 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 MCOE or any of its officers, agents or employees. MCOE 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 terns 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,
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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 terns and conditions of the attached exhibits or the documents expressly incorporated by
reference, the terns 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and
year first above written.
CITY
MAYOR
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
C-7
ROBERT F. EPSTEIN, City Attorney
COUNTY OF MARIN
Matthew H.Hymn4
County Administrkor
ATTEST:
APPROVED AS TO FORM:
MARN COUNTY OFFICE OF EDUCATION
MARY JANE B KE, Marin County Superintendent of Schools
APPROVED AS TO FORM:
P