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09. FUHSD summer programDEPARTMENT OF PARKS AND RECREATION CITY HALL ~ 0300 TORRE AVENUE • CUPERTINO, CA 9604-3255 C O P E RT I N O TELEPHONE: (408) 777-31 10 • FAX: (408) 777-3366 STAFF REPORT Agenda Item No. 1 MEETING DATE: April 21, 2009 SUBJECT AND ISSUE Authorize the City Manager to negotiate and execute an agreement with the Fremont Union High School District (FUHSD) for the provision of a Summer School program entitled College Planning Workshop_ BACKGROUND The Cupertino Parks and Recreation Department (CPRD) wants to provide a wide range of summer programs. The department offers summer camps, swim lessons, science camps, nature camps, and educational trips for our youth. The department feels there is a need for summer classes for high school students that will benefit their academic future. Further, staff feels that Cupertino Pazks and Recreation has a role in implementing such a program. DLSCUSSION Cupertino Parks and Recreation staff met with Fremont Union High District staff to develop a summer academic enrichment program. We decided to begin small with one subject azea, College Planning Workshop. This class will be offered by Cupertino Pazks and Recreation and taught by Fremont Union High School District counselors at FUHSD facilities. Cupertino Parks and Recreation will handle publicity, registration, and fee collection. The attached contract has 9O% of the. fees going to FUHSD and 10% going; to Cupertino Parks and Recreation. If this pilot project is successful CPRD and FUHSD wiII work together to offer more subjects and classes next summer. Staff is very excited about offering this program to high school juniors in Cupertino. Education is very important in our community. The department has a history of offering high quality educational programs for pre-school through middle school. This s-~ partnership with the Fremont Union High School District affords us an opportunity to offer high quality academic programs to our high school students.. FISCAL IMPACT None, as the program is 100% fee based. COORDINATION This memo has been coordinated with the City Attorney. RECOMMENDATION Authorize the City Manager to negotiate and execute an agreement with the Fremont Union High School District for the provision of a Summer School program entitled College Planning Workshop. SUBMITTED BY: APPROVED FOR SUBMISSION BY: Mark Linder r David W. Knapp Director, Parks and Recreation City Manager s-z EXHIBITS BEGIN HERE c-~- ~f~zr (~~ (~,~- ~ 9 DRAFT AGREEMENT BETWEEN CITY OF CUPERTINO AND FREMONT UNION HIGH SCHOOL DISTRICT FOR SUMMER ENRICHMENT PROGRAM This AGREEMENT is made and entered into ~~n , 2008 (EXECUTION DATE), by the CITY OF CUPERTINO a municipal corporation of the State of California, hereinafter designated as CITY, and the FREMONT UNION HIGH SCHOOL DISTRICT, 589 W. Fremont Avenue, Sunnyvale, CA, 94087, hereinafter designated as DISTRICT. RECITALS WHEREAS, the City of Cupertino and the Fremont Union High School District agree their level of service will be enhanced with the; offering of a joint Summer Enrichment Program to students in the Fremont Union High School District and the residents of the City of Cupertino; WHEREAS, the purpose of this joint Enrichment Program is to provide: a) DISTRICT students with an opportunity for an enriched learning experience during the summer months; and b) CITY residents with an opportunity to participate in enhanced recreational and learning activities; and WHEREAS, the Fremont Union High School ]DISTRICT desires to offer the program at the DISTRICT's school sites. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: SECTION I The above recitals are true and correct. TERM OF AGREEMENT The term of this AGREEMENT shall commence on , 2008 (COMMENCEMENT DATE), and end on or before , 2009. This AGREEMENT shall be automatically renewaY~le on a year to year basis until either party provides written notice ofnon-renewal to the other party thirty (30) days prior to expiration. SECTION II DESCRIPTION OF PROJECT The DISTRICT and CITY shall jointly provide a Summer Enrichment Program ("PROGRAM") from June 15, 2009 through July 31, 2009 for the five (5) high schools in the Fremont Union High School DISTRICT. The PROGRAM will consist of one six- week session. The DISTRICT shall propose course offerings for the Summer Enrichment Program and the proposed dates for the courses to the CITY by of each. school year. The CITY may provide input to the DISTRICT by of each school year, on the proposed course offerings, including age appropriateness, content, and the number of course offerings at each site. The number of course offerings may be limited by the space available at DISTRICT facilities. The DISTRICT shall provide summer enrichment classes in accordance with, and subject to all applicable standards and obligations required of a public school district. SECTION III FACILITIES AND STAFF The DISTRICT shall provide facilities for the programs at the high school sites, subject to available space. All room rental costs and application fees will be waived. The DISTRICT will maintain janitorial services and maintenance for all facilities in use with this PROGRAM. The use of DISTRICT facilities for the Summer Enrichment Program shall be in accordance with the California Civic Center Act (Education Code section 38131) and Board Policy 1330, Use of District Facilities. The DISTRICT shall be solely responsible for the hiring, coordination, and payment of instructors for the PROGRAM and will provide administrative staff at each school site. For scheduling and site coordination, the DISTRICT will appoint a DISTRICT employee who will serve as the liaison to the CITY and will coordinate the program content and schedule of classes. The CITY shall assign a Coordinator for the PROGRAM who will act as CITY's representative and liaison to the DISTRICT on matters regarding the PROGRAM. 2 SECTION IV REGISTRATION Registration policies for the PROGRAM shall be set forth by the CITY Recreation Department. The CITY will process the individual registration forms and collect all fees. SECTION V PUBLI(;ITY The CITY will provide a brochure containing ]enrichment Program course offerings and publicity. The CITY will incur the costs of they printing and delivery of the brochure to the DISTRICT Office. The DISTRICT will distribute the brochure to DISTRICT students at no cost to the CITY. The DISTRICT will provide the content for th~~ class information to be included in the brochure by of each school year. CITY and DISTRICT agree to use their best efforts to publicize and otherwise promote each Summer Enrichment Program. SECTION VI FEES, COSTS AND ACCOUNTING All fees collected by the CITY shall be deposited into the CITY's General Fund. At the end of each Summer Enrichment Program, the CITY will prepare and provide to DISTRICT a written accounting of all deposits and shall, after deducting the printing costs for brochures, remit 90% of the total of s~~id deposits to DISTRICT, and shall retain the balance of the net deposits. If the fees coll~;cted by the DISTRICT from the CITY do not cover DISTRICT expenses for the Summer Enrichment Program, the DISTRICT and CITY may agree to increase fees for the following year to recover such expenses, terminate the agreement, or otherwise amend the agreement to allow the DISTRICT to recover costs for the Summer Enrichment Program. SECTIOlJ VII GENERAL TERMS A~yD CONDITIONS DISTRICT agrees to indemnify, defend and hold harmless CITY and its council members, employees, and board and commissi~~n members from and against any and all loss, damage, claim or liability (including, witl•:out limitation, reasonable attorneys' fees) 3 arising or alleged to arise out of DISTRICT's negligent acts, errors or omissions under this Agreement. DISTRICT will obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "A", insuring not only DISTRICT and its contractors, if any, but also with the exception of workers' compensation and employer's liability, naming CITY as an additional insured concerning DISTRICT'S obligations under this Agreement. CITY agrees to indemnify, defend and hold harmless DISTRICT and its officers, employees, and board and commission members from and against any and all loss, damage, claim or liability (including, without limitation, reasonable attorneys' fees) arising or alleged to arise out of CITY'S negligent acts, errors or omissions under this Agreement. CITY will obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "B", with the exception of workers' compensation and employer's liability, naming DISTRICT as an additional insured concerning CITY'S obligations under this Agreement. Evidence of adequate self- insurance shall be acceptable compliance with this requirement. All notices shall be submitted, in writing, and sent by the U.S. mail, certified and postage prepaid, by private express delivery service, by facsimile transmission followed by delivery of hard copy, or by any other process mutually acceptable to the parties to the addresses stated below or to any other address noticed in writing. To CITY: Office of the City Clerk City Hall 10300 Torre Avenue Cupertino, CA 95014 With a copy to: Director of Parks & Recreation City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 To DISTRICT: Superintendent Fremont Union High School District This Agreement shall be governed by and construed in accordance with the laws of the State of California. Notwithstanding the above, this Agreement shall have a term of one year commencing October 27, 2008 that may be renewed upon the anniversary date of the effective date of this Agreement, unless otherwise agreed to by the parties. Either party may terminate this Agreement upon 90 days notice, with or without cause by providing written notice to the other party of its intent to terminate this Agreement. 4 This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. This Agreement constitutes the entire agreement between the parties concerning its subject matter, and there are no other oral or v~ritten agreements between the parties not incorporated in this Agreement. This Agreement shall not be modified, unless the parties first agree to and approve of such modification in writing through a duly al:lthorized amendment. If a court of competent jurisdiction finds or rues that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement shall remain in effect. Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be such consent to any subsequent assignments. Any assignment without such approval shall void and, at the option of the other party, shall terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shall not be assigned by operation of law without the prior written con~;ent of the other party. NON-DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of race, color, national origin, ancestry, religion, of sex of such person. This AGREEMENT shall become effective uf~on its execution by the CITY and the DISTRICT. In witness thereof, the parties have executed this AGREEMENT on the day and year first written above. DISTRICT: CITY: By By Title Title Date Date APPROVED AS TO FORM: CITY ATTORNEY 00213.00001/107247.1 5