City Auditor - City Recorder - Council Ordinance - 176806 Albina Head Start contract

AGREEMENT

This Agreement is between the City of Portland (City) through Portland Parks and Recreation, (“PP&R") and Albina Head Start (AHS).

RECITALS:

Portland Parks & Recreation (PP&R) has a history of providing recreational activities and classes for all age groups in Community Centers located in neighborhood settings. Albina Head Start (AHS) has a history of providing early childhood and pre-school services to children at sites located in neighborhood settings, including a site at University Park Community Center. PP&R and AHS desire to continue joint programming and services to the community at University Park Community Center (UPCC).

AGREEMENT:

1. RESPONSIBILITIES OF ALBINA EARLY HEAD START (AEHS):

AEHS Shall, in conjunction with the PP&R's community recreation program at UPCC,

operate a Monday through Friday, five day per week Early Head Start Program under the conditions described below:

Day and Hours of Operation: AEHS will enhance the development of children from birth to three years of age in the areas of physical, social, emotional, and intellectual development. They will focus on developing the whole child, emphasizing skills, self-esteem and academic preparation.

Hours of Head Start service shall be approximately 7:00am to 5:30pm. Monday - Friday.

Preschool Room: AEHS shall fully furnish and equip the preschool room as necessary to support service, and any other AEHS activities at this site. AEHS shall provide the preschool furnishing and equipment listed, attached as Exhibit A.

AEHS shall maintain all preschool equipment in good and safe working condition and replace equipment as needed.

AEHS shall, provide necessary and appropriately trained staff and overall management of the preschool.

Janitorial/Garbage Service: AEHS shall provide all special janitorial needs as may be required to meet State of Oregon and Multnomah County Health Department regulations and standards for a early head start program, and shall maintain the preschool and adjacent MLK room spaces utilized for early head start in a clean and organized condition before and after daily early head start program.

AEHS shall remove all garbage and recyclables to designated spaces on a daily basis.

Programming: If requested, assist in the planning, development, scheduling and staffing of community classes in building self esteem, academic preparation and other related recreation and enrichment topics.

Recommend programming and instructors for older children which can be incorporated into the regular UPCC program.

Preschool Space Rentals: AEHS shall provide training and or voluntary

supervision for community usage of the preschool facility, when necessary.

AEHS shall provide staffing on a reimbursable basis for groups wishing to rent the preschool for private functions being held at the center.

Policies and Procedures: Adhere to all operating policies and procedures as established by/for UPCC, PP&R and the City of Portland. Provide to UPCC staff any Policies or Procedures governing Albina Early Head Start staff which may affect the day-to-day operation of UPCC.

PORTLAND PARKS AND RECREATION RESPONSIBILITIES:

PP&R shall allow Albina Head Start to operate a Early Head Start Program at University Park Community Center as outlined below:

Days and Hours of Operation: Early Head Start service shall operate Monday through Friday, with an additional 20 hours per year for special activities, including Fundraising, as scheduled with the Recreation Supervisor at the site.

Jointly sponsored fundraising activities which mutually benefit both UPCC and the AEHS program at UPCC shall be in addition to the preschool service and 20 hours per year for special activities.

Rooms: The preschool area (marked A on the floor plan) shall be used as the primary service area. Preschool services will be allowed to expand into the adjacent MLK room (marked B on the floor plan) as necessary to accommodate the number of participants. The MLK room can also be used for an eating area, break area, or for other similar uses but will need to convert to a community meeting room after 5:30pm daily (M-F) and other times as mutually determined between UPCC and AEHS Supervisors.

During inclement weather, mornings, and early afternoons gym times can be scheduled by UPCC staff. Other rooms and/or areas with-in the facility need to be arranged with coordinators and meet UPCC Supervisory approval.

The Preschool/Storage/Office complex associated with the Preschool shall be under the management of Albina Head Start. The Preschool can be made available for classes and community group use daily after 5:30 pm except when, with mutual agreement, such use requires access prior to 5:30 pm.

Preschool/MLK room access: Albina Early Head Start Program employees will have access to the Preschool/MLK room for the purpose of preparing and servicing Early Head Start Clients on week days when the University Park Community Center may be officially closed.

Garbage/Recycling: If applicable to the site, garbage and recycling stations will be established for the Community Center as a whole and all staff will develop a routine of using these facilities and no other.

Programming: Whenever possible, multi-generational and

cooperative programs will be developed to include all participants of the center. This does not imply that age specific programming is disallowed.

UPCC staff shall meet quarterly with AEHS service staff to coordinate programming.

Preschool Rentals: PP&R or other community groups wishing to rent, or use the center for functions, parties, weddings, etc. that include use of the preschool room will be assessed a usage fee which will include compensation for Albina Early Head Start whenever it is necessary to replace equipment lost or damaged by such use or to replace toys or supplies used by such other users. PP&R will collect these fees as part of the usage/rental agreement and forward such fees to Albina Early Head Start when necessary on a regular basis.

3. RENT/COMPENSATION:

a) AEHS shall pay a rental fee of $100.00 per month which is calculated at levels solely to cover the usage actual costs of the AEHS, preschool programs. It is likely that monthly rental fees will increase over time, but not within the first twelve months.

b) AEHS shall operate a Early Head Start service as outlined

elsewhere in this agreement at UPCC and shall be allocated 20 hours per year of additional space for programming including fundraising events at no charge.

c) Joint fundraising with UPCC as outlined above shall also be at no charge so long as any and all benefits are shared equally.

d) Additional space needs will be negotiated and may be either rented at the established rental rates for the center or provided at a reduced charge depending on the activity and other demands on the center.

4. BILLING AND PAYMENT PROCEDURE

a) AEHS shall pay PP&R for any extra space rentals at the negotiated rate, directly to the Center not more than 30 days following usage and always within the same fiscal year when the usage occurred.

b) Monthly rent shall be paid in advance and is due on the first day of each month. Rents shall be made payable to the City of Portland and shall be paid to PP&R's Supervisor at UPCC.

5. OWNERSHIP:

a) The building and all permanent fixtures therein shall be the property of the City of Portland, Parks and Recreation. Any additions, alterations, temporary or permanent fixtures must be cleared through the building supervisor so that an appropriate work order can be secured.

b) AEHS shall fully equip the preschool for their needs. AEHS shall maintain all equipment under their ownership in good working condition, making repairs and purchasing replacement equipment as necessary.

c) PP&R shall maintain the building and all equipment under their ownership in good working condition, making repairs and purchasing replacement equipment as necessary.

d) Both parties agree to negotiate replacement purchases of

major equipment which might impose a hardship to either program.

e) In the event that this agreement is terminated the City of Portland, PP&R shall be given the right of first refusal to purchase any major appliances and equipment at fair market value, which may have been purchased by AEHS.

6. EFFECTIVE AND TERMINATION DATES

(a) The term of this agreement shall be for one year, commencing with the signing of this agreement by both Albina Early Head Start and the Portland City Council and terminating one year from that date.

(b) The City and AEHS may amend this Agreement at any time only by

written amendment executed by PP&R and AEHS. The Project Manager may

agree to and execute any amendment on behalf of PP&R for the City, except for any amendment which increases the term of the Agreement (other than the renewal provided in Section 6(b) of this Agreement) or which increases the compensation to AEHS.

(b) The parties may, by written agreement extend this agreement for an additional one year period. The project manager is authorized to execute this renewal on behalf of the City.

7. RIGHTS RESERVED

a) Machine food and beverage vending shall be the right of PP&R and shall be limited to the lobby area and any section of the building solely used by UPCC participants.

b) Vending of all non-food items shall also be the right of P&R, except for unadvertised sales occurring during the normal service for participants.

8. GRIEVANCE PROCEDURE

(a) Failure to provide service in accordance to the satisfaction with this agreement by either party shall result in written notification delineating the inadequacies and provide specific remedies stipulating a time line for resolution which shall not be less than thirty (30) days from the date of notification. Failure to remedy may result in termination of this agreement.

(b) It shall be a common goal that all grievances shall be resolved by on site staff supervisors whenever possible.

(c) In the event that this is not possible, grievances shall be resolved by the Portland Parks and Recreation Project Manager and a management representative from Albina Early Head Start. If the grievance is not reconcilable, early termination as outlined below may occur.

9. EARLY TERMINATION OF AGREEMENT

(a) Either party may terminate this agreement for any reason with ninety (90) days written notice to the other party.

(b) Either the City or AEHS may terminate this Agreement in the

event of a breach of the Agreement by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within

fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination.

(c) PP&R reserves the right to terminate this agreement with thirty (30) days written notice if it becomes necessary to close UPCC, either temporarily or permanently.

10. PAYMENT ON EARLY TERMINATION

(a) In the event of early termination by either party, AEHS shall pay all monies owed for space usage, within 30 days of termination or usage, whichever occurs last.

(b) In the event that this agreement is terminated the City of Portland, Park and Recreation shall be given the right of first refusal to purchase all appliances and equipment, provided by Albina Early Head Start at fair market value.

11. CITY PROJECT MANAGER

(a) The City Project Manager shall be the Recreation Supervisor for UPCC or such other person as shall be designated in writing by the Director of PP&R.

(b) The project manager is authorized to review the terms of this agreement a minimum of 30 days prior to expiration and automatically renew the agreement for an additional year period, if both parties mutually agree and no substantive changes are made to the agreement. This agreement can be renewed in this manner for a total of four years (one year at a time), up to a total of five years for the life of this agreement.

12. COMPLIANCE WITH LAWS

In connection with its activities under this Agreement, AEHS shall

comply with all applicable federal, state and local laws and regulations.

13. OREGON LAW AND FORUM

This Agreement shall be construed according to the laws of the State of Oregon.

14. INDEMNIFICATION

(a) AEHS shall hold harmless, defend and indemnify for public liability and property damage the City, and the City's officers, agents and employees against all claims, demands, actions and suits (including all attorney's fees and costs) brought against any of them arising from AEHS’s work or any subcontractor's work under this Agreement.

(b) AEHS shall hold harmless, defend and indemnify for professional liability the City, and the City's officers, agents and employees against all claims, demands, actions and suits (including all attorney's fees and costs) brought against any of them arising from AEHS's negligent acts or omissions, or any subcontractor's negligent act or omissions under this Agreement.

15. WORKERS' COMPENSATION INSURANCE

(a) AEHS, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon workers' compensation law and shall comply with ORS 656.017 which requires them to provide workers' compensation coverage for all their subject workers. A certificate of insurance, or copy thereof, shall be attached to this Agreement as Exhibit B, if applicable, and shall be incorporated herein

and made a term and part of this Agreement AEHS further agrees to maintain workers' compensation insurance coverage for the duration of this Agreement.

(b) In the event the AEHS's workers' compensation insurance coverage is due to expire during the term of this Agreement, AEHS agrees to timely renew its insurance, either as a carrier-insured employer or a self-insured employer, as provided by Chapter 656 of the Oregon Revised Statutes, before its expiration and AEHS agrees to provide the City of Portland such further certification of workers' compensation insurance as renewals of said insurance occur.

(c) AEHS agrees to accurately complete the City of Portland's Questionnaire for Workers' Compensation Insurance and for Qualification as an Independent Contractor prior to commencing work under this Agreement. The Questionnaire is attached to this Agreement as Exhibit A and shall remain attached to this Agreement and become a part thereof as if fully copied herein. Any misrepresentation of information on the Questionnaire by AEHS shall constitute a breach of this Agreement. In the event of breach pursuant to this subsection, the City may terminate the Agreement immediately and the notice requirement contained in subsection 6(c). EARLY TERMINATION OF AGREEMENT, hereof, shall not apply.

15. NOTICE

Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing:

If to the City: Lee Jenkins

Recreation Supervisor

Portland Parks and Recreation

1120 SW 5th Rom 1302

Portland, Oregon 97204

If to the Contractor: Ron Herndon

Director

Albina Head Start

3417 N.E. 7^TH Ave.

Portland, OR 972

16. SEVERABILITY

If any provision of this Agreement is found to be illegal or unenforceable, this Agreement nevertheless shall remain in full force and effect and the provision shall be

stricken.

17. INTEGRATION

This Agreement contains the entire agreement between the City and Albina Early Head Start and supersedes all prior written or oral discussions or agreements.

18. BUSINESS LICENSE

AEHS shall obtain a City of Portland business license as required by PCC 7.02.030 prior to beginning work under this Agreement. The Contractor shall provide a business license number in the space provided at the end of this Agreement.

19. COMMENCEMENT OF WORK

AEHS agrees that work being done pursuant to this Agreement will not be commenced until after:

(a) workers' compensation insurance is obtained, as outlined in section 13, WORKERS' COMPENSATION INSURANCE; and,

(b) this Agreement is fully executed by the parties and approved by the City Attorney's Office; and,

20. LIABILITY INSURANCE

(a) AEHS shall maintain public liability and property damage insurance that protects the AEHS and the City and its officers, agents and employees from any and all claims, demands, actions and sails for damage to property or personal injury, including death, arising from AEHS’s work under this Agreement. The insurance shall provide coverage for not less than S200,000 for personal injury to each person, $500,000 for each

occurrence, and $500,000 for each occurrence involving property damage: or a single limit policy of not less than $500,000 covering all claims per occurrence. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the term of the Agreement The insurance shall be without prejudice to coverage otherwise existing and shall name as

additional insured the City and its officers, agents and employees. Notwithstanding the naming of additional insured, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the

amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage must apply as to claims between insured on the policy. The insurance shall provide that the insurance shall not terminate or be canceled without thirty (30) days written notice first being given to the City Auditor. If the insurance is canceled or terminated prior to completion of the Agreement, the AEHS shall provide a new policy with the same terms. AEHS agrees to maintain continuous, uninterrupted coverage for the duration of the Agreement. The insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by AEHS.

(b) AEHS shall maintain on file with the City Auditor a certificate of insurance certifying the coverage required under subsection (a). The adequacy of the insurance shall be subject to the approval of the City Attorney. Failure to maintain liability insurance shall be cause for immediate termination of this Agreement by the City.

21. AMENDMENTS

(a) The City and AEHS may amend this Agreement at any time only by

written amendment executed by PP&R and AEHS. The Project Manager may agree to and execute any amendment on behalf of PP&R for the City, except for any amendment which increases the term of the Agreement (other than the renewal provided in Section 6(b) of this Agreement) or which increases the compensation to AEHS.

ALBINA EARLY HEAD START

By: ______________________

Title: ___________________

Date: ____________________

Business License No. _____

Tax I.D. No. _____________

Social Security No. ______

CITY OF PORTLAND

By:_______________________

Name:_____________________

Title:____________________

Date:_____________________

By:_______________________

Name:_____________________

Title:____________________

Date:_____________________

EXHIBIT A

Albina Early Head Start Equipment List

University Park Community Center Kitchen

(hard copy only)

EXHIBIT B

University Park Community Center

Floor Plan

(hard copy only)