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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, t 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