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Collection of Fee - 2020 - Parks & Recreation Staff Before School Care - 9/8/2020 INTER City of Eagle Parks and Recreation OFFICE To: Mayor Jason Pierce and City Council Members From: Brandon"Beeg"Johnson CPRP, Parks and Recreation Director Subject: Before School programs at North Star Charter School Date: August 31,2020 Attachment(s): Agreement for Before School Care Copy To: BEFORE SCHOOL PROGRAMMING AT NORTH STAR CHATER SCHOOL: Brief Overview: On Tuesday, August 18 North Star Charter School Human Resource/Communication officer Joanna O'Donnell contacted the Parks and Recreation department regarding a need for before school programming at the school for the 2020-2021 school year. North Star's school year will be a hybrid model with half of the school population going in the morning 9:OOam-12:OOpm and the other half going from 1:OOpm-4:OOpm. • Parks and Recreation staff will be paid by North Star Charter School$15 per hour to conduct Before School programs to 8-10 students grades 1-5. • Parks and Recreation staff will have a dedicated classroom from 8:30am-1:30pm and will be responsible for program content for the 4 hours with students. One hour will be dedicated to students doing their assigned schoolwork and staff person will be available to assist students as needed. • Parks and Recreation staff will have outside/gym time available for program content. • Material list will be provided to school by Parks and Recreation staff and purchased by school. Parks and Recreation staff will be on site at North Star Charter School from 8:30am-1:30pm Monday- Friday on scheduled school days running Before School programs. Page 1 of CITY OF EAGLE PARKS AND RECREATION DEPARTMENT Agreement for Before School Care provided by City of Eagle This Agreement is entered into this day of Sep-�er ke�r ,1030 by and between the CITY OF EAGLE. an Idaho municipal corporation (''City") and North Star Public Charter School. a corporation/limited liability company organized under the laws of the state of Idaho. whose address is 839 N Linder Rd, Eagle, ID 83616 ("School"). City and School are sometimes collectively referred to herein as the ' Parties." WHEREAS, City and School are mutually interested in providing and enhancing educational and recreational opportunities in the Eagle community; and WHEREAS. City has specialized training, experience, and skill and is willing to dedicate such skill to the instruction and edification of others. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above. which are incorporated herein. City and School agree as follows: I. SERVICES. City shall provide the services described on Exhibit A attached hereto and incorporated herein by this reference. School shall provide appropriate supplies, materials and equipment to adequately carry out its course(s). Cit: shall perform the services and work under this Agreement in a timely manner in accordance with the dates and times set forth in Exhibit A. 2. TERM; RENEWAL; AND TERMINATION. This Agreement shall be for a one-year term. This Agreement may be rene-wed for aJditional one-year term upon the written agreement of the parties. The City reserves the right not to renew this Agreement for any reason. Either party shall have the ri.:ht to terminate this Agreement at any time by giving thirty (30) days written notice of such termination. The City may terminate this Agreement immediately upon any breach of performance specified in this Agreement by the School or any violation of State, Federal or local law. Notwithstandin�g any provision of this Agreement. School shall not be relieved of liability to Cif\ for daimi�.Lcs sustained by City by virtue of any breach of this Agreement by School. and City may withhold an.s payments to School for the purposes of set-otl until such time as the exact amount of damages due City from School is determined. This provision shall survive the termination of this Agreement and shall not relieve School of liability to City for damages. 3. COMPENSATION. The School shall pay the City for services rendered under this Agreement at the rate of $ 15 per hour on the I" of each month. 4. CRIMINAL BACKGROUND CHECK. Asa condition of this Agreement. (it\ staff agrees to a criminal background check. All criminal background checks are curreralhcinL!. City of Fade Department of Parks and Recreation Agreement for before School Care Page I of 5 performed by the Idaho State Police. It will be the responsibility of the City to obtain approved background checks for any of his/her employees or volunteers working/volunteering under City's authority and provide City with proof of such background checks. Instruction to participants cannot begin until approved background checks are complete. 5. INDEMNIFICATION AND WAIVER. School and each and all of School's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby does, indemnify, save and hold harmless, release and forever discharge the City of Eagle, its officers, agents, employees and volunteers from and for any and all losses, claims, actions, judgments for damages,or injury to persons or property and losses and expenses caused or incurred by School or any employee, agent, contractor, official, officer, servant, guest and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. 6. CONTRACTOR NOT AGENT. Except as City may specify in writing, School shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent. School shall have no authority, express or implied, pursuant to this Agreement,to bind City to any obligation whatsoever. 9. NONDISCRIMINATION. School agrees not to discriminate against any person because of race, color, religion, sex,national origin, age, disability or marital status in any activity for which School is providing instruction under this Agreement. Schools must fully comply with the Americans with Disabilities Act (ADA), and shall work cooperatively with the City to make reasonable modifications to policies and procedures to ensure that people with disabilities have an equal opportunity to access classes. Schools shall not impose unnecessary eligibility standards or rules that deny individuals with disabilities the opportunity to participate in classes. 10. ADVERTISING AND PROGRAM MARKETABILITY DISCLAIMER. The City will publicize the contract classes in its activity promotions, including but not limited to periodic press releases, flyers and social media outlets. City shall inform School of the deadline for submission of any class information for activity promotions.The City does not warrant that the School's program or services are marketable and will therefore yield a profit for School. Any loss sustained by School in operating this program is School's sole responsibility. Any profit made by School is to School's sole benefit. 11. PHOTO DISCLAIMER. School grants full permission to the City for use of his/her name and photographs, videos, motion picture or recordings for any publicity and promotion purposes without obligation or liability to School. 12. NOTICE. Communication between the Parties regarding day-to-day matters(e.g., issued related to scheduling and venue) shall occur via e-mail, facsimile or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Eagle Department of Parks and Recreation Agreement for Before School Care Page 2 of 5 City of Eagle North Star Charter School Brandon"Beeg"Johnson Eric Dickelman Parks and Recreation Director Business Manager 660 E. Civic Lane 839 N. Linder Rd. P.O. Box 1520 Eagle, ID 83616 Eagle, ID 83616 13. TRAINING/INTEGRATION. The School will not provide training to City to provide the services described. It is assumed based on information provided by the City, and certified by School by execution of this Agreement, that the City is qualified to provide these services. It is further understood by School that City is not typically in the business of providing the contracted services and is therefore not in a position to train,guide or otherwise instruct School. 14. PARTICIPANT INFORMATION. Schools must supply number of participants monthly to the City. Participant information shall be kept confidential and cannot be shared with any third parties or with other participants, except as authorized by judicial order,the Idaho Public Records Act, or federal law. 15. COMPLIANCE WITH LAWS. Each party shall comply with all applicable Federal, State and local laws and regulations. 16. NON-EXCLUSIVITY. School acknowledges that this Agreement is non- exclusive and that City may enter into other independent contractor agreements with other schools to provide services for City recreation programs and activities. 17. ASSIGNMENT. This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 18. ATTORNEY'S FEES. The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties relative to the subject matter thereof. Statements or representations of any kind not embodied herein shall be of no force or effect. This Agreement may only be modified in writing. 20. GOVERNING LAW. This Agreement will be construed in accordance with the laws of the State of Idaho. 21. HEIRS AND ASSIGNS. This Agreement and the terms and conditions hereof shall apply to and are binding upon the heirs, executors, administrators and assigns of the parties hereto. City of Eagle Department of Parks and Recreation Agreement for Before School Care Page 3 of 5 22. SEVERABILITY. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 23. APPROVAL. The City and School each acknowledge that this Agreement, even though agreed upon by the City's representatives, is not binding upon City until such time as the Eagle City Council approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of the City. The representative of School represents that he/she is authorized to enter into this Agreement on behalf of School. 24. INSURANCE. City shall at all times during the term of this Agreement, at the City's sole cost and expense, obtain and keep in force comprehensive general liability insurance in the amount of $1,000,000 or as otherwise required by law, which insurance shall name the School as additional insured. If School has employees, he/she shall provide the City proof of Worker's Compensation insurance, as required by Idaho law. City does not insure the School against all or any part of the School's liability for injury resulting from an act or omission in the City's performance of any work or services under this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written. CITY 0 LE: NORTH STAR CHARTER SCH OL: Name: Aiset:),(..c,r_t Sign: aso Pierce, Mayor Print: Date: q l(o(Z© ATTEST: ,,,, ,,,,,,•, fe '01 P •cc •: Sharon I gmann, City Clerl ?Air9 s tt► A:q,: AL r�* •'•• OF ID,, Pi ,. .City of Eagle Department of Parks and Recreation Agreement for Before School Care Page 4 of 5 EXHIBIT A SCOPE OF SERVICES 1. Set up classroom to meet the needs of the class and participants. 2. 8-10 students grades 1-5 3. Lead, instruct, and demonstrate the appropriate activities related to safe after school programming and curriculum. 4. Provide a nurturing and supportive environment that encourages participants in their efforts. 5. Complete and submit all reports and participant tracking information as required by the City for this class. 6. City will be responsible for program content for the 4 hours with students. One hour will be dedicated to students doing their assigned school work and staff person will be available to assist students as needed. 7. Materials list will be provided by City and purchased by School. 8. Before school programs will be held from 8:30 AM to 1:30 PM Monday through Friday at 839 N Linder Rd, Eagle, ID 83616. City of Eagle Department of Parks and Recreation Agreement for Before School Care Page 5 of 5