HomeMy WebLinkAboutCC Resolution 12515 (Camp Chance 2008)RESOLUTION NO. 12515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING AND SUPPORTING CAMP CHANCE 2008.
WHEREAS, the City of San Rafael and the Marin County Office of Education have
entered into a written Memorandum of Agreement dated May 20, 2008 to facilitate Camp
Chance 2008; 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 of the City of San Rafael
approves and supports Camp Chance 2008.
I, Esther C. 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 16th day of June 2008, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
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AMONG
THE CITY OF SAN RAFAEL, THE MARIN COUNTY SHERIFF'S OFFICE
AND THE MARIN COUNTY OFFICE OF EDUCATION
This Agreement is made and entered into this 16 day of 2008, by and among
the CITY OF SAN RAFAEL (hereinafter "CITY"), the MAIN COUNTY SHERIFF's OFFICE
(hereinafter -Mcsoll) and the MARIN COUNTY OFFICE OF EDUCATION / WALKER
CREEK RANCH (hereinafter "MCOE/WCR").
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, MCOE/WCR 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 and MCSO.
NOW, THEREFORE, the parties hereby agree as follows:
The parties intend by this agreement to establish and define their business, administrative
and operational responsibilities in relations to the PROGRAM.
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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.
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. MCOE/WCR. The Marin County Superintendent of Schools is hereby designated
the PROJECT MANAGER for the MCOE/WCR, and said PROJECT MANAGER shall supervise
all aspects of the progress and execution of this Agreement.
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Pursuant to the terms of this Agreement, MCOE/WCR shall provide the following services
or requirements for the PROGRAM:
a. Provide 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,
food service and any other staff.
g. Provide orientation and training for PROGRAM staff and participating CITY and
MCSO officers.
h. Arrange and host for the students' parents a PROGRAM orientation and information
meeting with MCOE/WCR staff and participating CITY and MCSO officers.
L Provide for and maintain an accounting of registered campers attending the program,
and provide to CITY at the conclusion of the PROGRAM.
4. Di FnES OF riTY.
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. Provide all marketing, promotion and recruitment of campers.
d. Screen applications forms, interview student participants, determine eligibility for
PROGRAM, inform parents and track and maintain all registration paperwork, and
provide completed paperwork to MCOE/WCR no later than 14 days in advance of
Camp.
e. Provide all necessary transportation to and from PROGRAM.
f. Compensate MCOE/WCR for PROGRAM expenses as specified in Section 6.
VI -N • ►J •
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.
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For the full performance of the services described herein by MCOE/WCR, CITY shall pay
MCOE/WCR for its actual expenditures for PROGRAM, based on a registration fee of $690 per
camper, a minimum of 50 campers, and a maximum of 60 campers. A 25% deposit (based on the
minimum of 50 campers) will be paid to MCOE/WCR 60 days in advance of program to reserve
space and services. A balance (based on the minimum of 50 campers) will be due and payable
seven days in advance of the first day of PROGRAM. A final balance due, based on the actual
number of campers will be payable within 30 days of the completion of the program.
MCOE/WCR will provide invoices to the CITY accordingly.
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The term of this Agreement shall commence on May 1, 2008 and shall continue on an
annual basis until such time that the Agreement is modified or terminated.
Any of the parties 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 and MCSO shall compensate
MCOE/WCR based upon the work completed and MCOE/WCR shall be entitled to no further
compensation.
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a. MCOE/WCR 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 MCOE/WCR'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/WCR, 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 MCOE/WCR, MCSO,
their officers, employees, agents or volunteers.
c. MCSO shall defend, indemnify and hold harmless CITY, MCOE/WCR, their officers,
employees, agents and volunteers against any and all claims, damages, losses, expenses (including
I
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/WCR, their officers, employees, agents or volunteers.
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a. MCOE/WCR. The parties understand acknowledge and agree that
MCOE/WCR 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/WCR under the Marin Schools Insurance Authority and the binder of coverage with the
Joint Powers Authority.
CITY understands, acknowledges and agrees that this statement of self-insurance and any
additional covered party certificate (issued upon request) satisfies the MCOE / WCR's 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, 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.
MCOE/WCR understands, acknowledges and agrees that this statement of self-insurance
and any additional covered party certificate (issued upon request) satisfies 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/WCR 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.
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The CITY, MCSO and MCOE/WCR 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.
Upon reasonable notice, MCOE/WCR shall make available to CITY or its agents, for
inspection and audit, all documents and materials maintained by MCOE/WCR in connection with
a its performance of its duties under this Agreement. MCOE/WCR shall fully cooperate with CITY
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or its agents in any such audit or inspection.
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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.
MCOEIWCR shall observe and comply with all federal, state and local laws, ordinances,
codes and regulations applicable to the administration and operation of PROGRAM.
MCOE/WCR shall perform all services under this Agreement in accordance with these laws,
ordinances, codes and regulations. MCOE/WCR 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.
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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 Ave. (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
San Rafael, California
(415)499 -
TO MCOE/WCR: Mary Jane Burke, Marin County Superintendent of Schools
Gene Abbott, Director
1111 Las Gallinas Avenue
P.O. Box 4923
9
San Rafael, CA 94913
(415) 499-5801
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For the purposes, and for the duration, of this Agreement, MCOE/WCR, 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 MCOE/WCR, 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/WCR or any of its officers, agents or employees.
MCOE/WCR 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.
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 terns 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.
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.
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.
KONNIZVOIJ M [W.1D
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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 OF SAN RAFAEL
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MATTHEW ODETTO, Police Chief
ATTEST:
ESTHER BEIRNE, City Clerk
APPROVED AS TO FORM:
ROB EPSTEIN, City Attomey
MARIN COUNTY OFFICE OF EDUCATION
6 •• Marin Co
Co fSheriff
ATTEST:
APPROVED AS TO FORM:
MARY JANE BURKE, Marin County Superintendent of Schools
APPROVED AS TO FORM:
ROBERT HENRY, General Council