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12-0807_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_D16_Agenda Report 817/2012 D16 City of San Juan gapistrano Agend ort TO: Karen P. Brust, City MssPunity FROM: Cynthia Alexander, Comervices Mane DATE: August 7, 2012 SUBJECT: Consideration of a Personal Services Agreement for an Afterschool Recreation Program and Approval of a Reduced Fee for Use of the City Gymnasium (Boys & Girls Clubs of Capistrano Valley) RECOMMENDATION: By motion, 1. Approve the Personal Services Agreement with the Boys & Girls Clubs of Capistrano Valley in an amount not to exceed $78,058 annually to provide an Afterschool Recreation Program for the period of September 1, 2012 through June 30, 2014 and, 2. Approve a Reduced Fee for use of the City's Gymnasium. EXECUTIVE SUMMARY: Staff is recommending continuing to contract with the Boys & Girls Clubs of Capistrano Valley in an amount not to exceed $78,058 annually to provide an Afterschool Recreation Program for the next two Fiscal Years, September 1, 2012 through June 30, 2014 (Attachment 1). Staff is recommending adding the Boys & Girls Clubs of Capistrano Valley reduced fee to the City's Schedule of Fees and Charges to standardize the classification of Lease/Agreements such as the Boys & Girls Clubs of Capistrano Valley fee schedules. DISCUSSION/ANALYSIS: A City-funded Afterschool Recreation Program at the Boys & Girls Clubs of Capistrano Valley is held Monday through Friday, 2:00 p.m. — 6:00 p.m., with extended hours for teens on Fridays until 10:00 p.m. for school aged children throughout San Juan City Council Agenda Report August 7, 2012 Page 2 of 4 Capistrano. Of the 1,676 children who participate annually at the Boys & Girls Clubs of Capistrano Valley, 935 are from San Juan Capistrano. The average daily attendance is 315 children, of which 257 reside in San Juan Capistrano. Activities include arts and crafts, educational games, computers, homework assistance, specialty clubs, sports/fitness, and special activities. In 1997-1998, the City first contracted with the Boys & Girls Clubs of Capistrano Valley to provide an Afterschool Recreation Program for the youth of San Juan Capistrano at its former location on EI Camino Real, near the Mission San Juan Capistrano (Attachment 2). In 1998, during the planning phase and construction of the Community Center, the Boys & Girls Clubs of Capistrano Valley .leased 11,000 square feet of land from the City to build a Club adjacent to the Community Center that would provide a unique and stimulating environment for the youth of San Juan Capistrano. The new location of the Boys & Girls Clubs of Capistrano Valley was near three schools (Del Obispo Elementary and Kinoshita Elementary, and Marco Forster Middle School) and the state of the art facility built would fulfill the City's goal in providing an Afterschool Recreation Program in which the youth of San Juan Capistrano could greatly benefit (Attachment 3). FISCAL IMPACT: The annual cost to the City for this contract is $78,058. Additionally, the Boys & Girls Clubs of Capistrano Valley use the City-owned gymnasium at a reduced rate. On February 23, 2000 a memorandum (Attachment 4) was submitted to the City Manager from Al King, Jr., Community Services Director providing an Update Status on Discussions with the Boys & Girls Clubs of Capistrano Valley's Memorandum Of Understanding (MOU) and Reciprocal Facility Usage Issues. The - memorandum referenced a meeting which included the City's Community Services Director, Community Services Manager, the Boys & Girls Clubs of Capistrano Valley Executive Director and a Board Member. The meeting related to the reduced fee for the City Gymnasium. It was recognized that the Boys & Girls Clubs of Capistrano Valley conducted the Afterschool Recreation Program without the need for City staff, which determined the formula. City staff based the formula at the hourly rate of the City Gymnasium fee schedule of $25 per hour. The direct cost of City staff to open, close and supervise the gymnasium during the program was not required and the reduction of $13 was recommended to be deducted from the $25 per hour fee. By deducting $13 from the fee schedule the reduced rate calculated to $12 per hour. In 2007, the hourly gymnasium fee (Category I — San Juan Capistrano based non-profit groups) increased to $27 per hour and the hourly staff rate at that time was of$13. Using the formula that was determined in the February 2000 Memorandum, the facility use fee was increased to $14 per hour. City Council Agenda Report August 7, 2012 Page 3 of 4 The Boys & Girls Clubs of Capistrano Valley have been using the Gymnasium at a reduced rate since the gymnasium opened in 2000. The Clubs' utilization of the gymnasium in Fiscal Year 2011-2012 totaled 754 hours. The hourly gymnasium fee (Category I — San Juan Capistrano based non-profit groups) according to the City's Schedule of Fees and Charges dated July 1, 2012 is $60.01 per hour (Attachment 5). The formula using the current fee schedule, and deducting $16.67(based on part time salary and benefits) calculates to $43.34 per hour. Staff is recommending continuance of the $14 per hour fee for Fiscal Year 2012-2013 only, to assist the Boys & Girls Clubs of Capistrano Valley and not impact its current fiscal year's budget. This will provide additional time for the Boys & Girls Clubs of Capistrano Valley to make adjustments to its Fiscal Year 2013-2014 budget for the increased fee. Additionally, this fee will be reviewed as part of the Study of Fee and Charges to be conducted this fiscal year. The City-owned gymnasium is also used by the Boys & Girls Clubs of Capistrano Valley for afterschool recreation programs, in addition to fee-based sports programs not covered by the Boys & Girls Clubs of Capistrano Valley's general membership fee. The Community Services Department has an approved budget of $78,058 in the expenditure account number 01-72800-62507-00000-680, for the Fiscal Year 2012- 2013 and 2013-2014 for an Afterschool Recreation Program. The fee of $14 per hour for the City Gymnasium has been included in both Fiscal Years 2012-2013 and 2013- 2014 revenue projections in account number 01-00000-46114-00000-672. Any increase in the fee for Fiscal Year 2013-2014 will most likely result in increased revenues to support the actual cost of the use of the Gymnasium. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: The City Council has annually approved an Afterschool Recreation Program at the Boys & Girls Clubs of Capistrano Valley since 1998-2011 (Attachments 7 through 19). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item was presented to the Parks, Recreation and Senior Services Commission at its meeting on July 16, 2012. The Commission voted unanimously to forward to the City Council a recommendation of approval of the Personal Services Agreement. City Council Agenda Report August 7, 2012 Pape 4 of 4 NOTIFICATION: Mr. James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley ATTACHMENT(S): Attachment 1 -2012 Personal Services Agreement for an Afterschool Recreation Program Attachment 2- 1997-1998 Boys & Girls Clubs of Capistrano Valley Agreement Attachment 3 - Memorandum Of Understanding Boys & Girls Clubs of Capistrano Valley Attachment 4-February 23, 2000 Memorandum Attachment 5-Gymnasium Fee Schedule Attachment 6- Financial Accounting Pro Forma Attachments 7-19 - Personal Services Agreements 1998-2011 Attachment 20 - Location Map PERSONAL. SERVICES AGREEMENT THIS AGREEMENT is made on the 7th day of August 2012, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and the Boys & Girls Clubs of Capistrano Valley, hereinafter called "Contractor." RECITALS: WHEREAS, the City wishes to engage the Contractor to provide an Afterschool Recreation Program for youth at the Boys & Girls Clubs of Capistrano Valley. NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. Scope of Work. The Contractor agrees to provide a high quality, comprehensive Afterschool Recreation Program for school age children subject to minimal annual membership fees that will include the following: ® Transportation services for children residing in the San Juan Elementary School/Capistrano Villas neighborhoods. The Boys & Girls Clubs of Capistrano Valley will be picking children up at San Juan Elementary School. The Afterschool Recreation Program will be conducted Monday through Friday, immediately after school for children ages seven through eighteen. Hours of operations will be 2:00 p.m. to 6:00 p.m. during the school year with modifications for holiday and minimum day school schedules. Friday hours are extended for teens only until 10:00 p.m. ® Afterschool Recreation Program activities advertised through media releases. ® Submit a monthly calendar of daily and special events for participants. ® Submit records of daily attendance to the City. 0 Submit a monthly financial Pro Forma spreadsheet. ® All participants must have a release of liability/waiver form on file. ® Contractor to provide and fund transportation to and from local attractions and events. e Participation in City wide events which include San Juan Summer Nites, the 4th of July Celebration and the Tree Lighting Ceremony. 1 ATTACHMENT 1 The Afterschool Recreation Program components will include Boys&Girls Clubs of America six core service areas: Health & Life Shills, Character & Leadership Development, Education&Career Development, Technology,The Arts, and Sports, Fitness & Recreation. • Health & Life Skills develops young people's capacity to engage in positive behaviors that nurture their own well-being, set personal goals and develop the competencies to live successfully as self-sufficient adults. Programs failing under Health & Life Skills include, but are not limited to: SMART Moves, SMART Kids, and Crest Club. • Character & Leadership Development empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a positive self-image, participating in the democratic process, and respecting their and other cultures. Programs include: Keystone, Torch Club, Youth of the Year, and SMART Girls. ■ Education & Career Development enabling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include, but are not limited to: Ultimate Journey, Ultimate Oceans, Sea Tech, homework assistance and educational games. ® Technology helping youth to embrace technology, optimize employability, research, and higher standards of living. Programs include, but are not limited to: Lego Robotics, computer proficiency classes and Internet Classes. • The Arts developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to: talent shows, art exhibits, and daily craft projects. • Sports, Fitness„& ,Recreation developing fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to: sports leagues and clinics, intramural leagues, gym games according to age, and life sports during the Afterschool Recreation Program. SECTION 2. E ui ment and Supplies. Contractor will supply all equipment and supplies needed to conduct the Afterschool Recreation Program. All equipment and supplies must be in good, operable and safe condition. 2 SECTION 3. ide�tftl„ il„ncident Reports. Acp, Contractor shall report to the City any accident or incident requiring emergency response during Afterschool Recreation Program activities. Official reports must be completed and submitted to the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the following Monday for occurrences on Friday night through Sunday. SECTION 4, Assessment Reports. Contractor shall provide City with monthly reports, which are due to the City on the fifth working day of each month. Reports should include, but are not limited to: • Daily Afterschool Recreation Program attendance records. • A monthly financial Pro Forma spreadsheet. • A monthly calendar of events and special activities. Contractor will provide evaluations due on December 1, 2012, June 30, 2013, December 1, 2013 and June 30, 2014,to include measurable outcomes of the Boys&Girls Clubs of America six core service programs, financial sustainability for the Afterschool Recreation Program and San Juan Capistrano population assessment. SECTION 5. Site Visits. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. Inspection of Records. City may review and inspect Contractor's accounting records related to the Afterschool Recreation Program pursuant to this Agreement. SECTION 7. Facility Use. Contractor may use City facilities for implementation of Program activities. However, City programs have priority use of City facilities. Programs hosted by Contractor in City facilities may be canceled on occasion in the event of conflict with a City program. City will make every effort to provide Contractor with sufficient notice of such cancellation. In case of emergency, advance notice may not be possible. As part of this Agreement, the Contractor will receive use of the gymnasium during a four (4) hour period each weekday to provide a youth sports program for a non-fee based Boys & Girls Clubs of Capistrano Valley program. 3 Contractor shall have use of the City gymnasium during the week from 2:00 p.m. - 6:00 p.m. The exceptions to this shall be when the City notifies the contractor of a City program that will make use of the gymnasium during these hours. In accordance with Administrative Policy No. 613, the only approved uses of the City's gymnasium shall include basketball, volleyball, indoor soccer, and badminton. Any other proposed uses must receive prior written approval from the Community Services Department. Contractor shall maintain the hygiene and preserve the integrity of the gymnasium restroom on a continual basis according to the Boys & Girls Clubs of Capistrano Valley business hours. SECTION 8. Designated Representatives. City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTIONS. Staff/Child Ratio. There shall be an adult-child ratio of 1:35 in accordance to the standards of the Boys and Girls Clubs of America. Compliance with this ratio shall be determined based on actual attendance. SECTION 10. Independent Contractor. Contractor and its officials, agents and employees shall act and be independent contractors and not agents or employees of City, and shall obtain no rights to any benefits which accrue to City's employees. SECTION 12. Em Io ees/Subcontractors. A listing of employees and/or subcontractors designated to carry out the Afterschool Recreation Program subject to this Agreement must be submitted to the City. City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 13. Employee Trainin /Bac K_q round Checks/Ph sical. All employees of Contractor will be required to undergo a background check through references, past employment history, and fingerprinting for compliance with Penal Code Section 11105.3. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. 4 Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding Afterschool Recreation Program. All employees are required to have First Aid and CPR training. SECTION 14. Payment Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, not to exceed $78,058 annually, based on the City's Fiscal Year, July 1, 2012 through June 30, 2012 and July 1, 2013 through June 30, 2014. City shall pay the amount due to Contractor upon receipt of the Assessment Reports (SECTION 4.),with the first payment beginning September 30,2012 with the final payment ending June 30, 2014. SECTION 15. (Retention of Funds. City may withhold payment to Contractor to compensate City for any loss, cost, liability or`damage suffered by City due to default of Contractor in the performance of services required. SECTION 16. Termof Agreement. This agreement shall be in effect for a period of ten (10) months, beginning September 6, 2012, through June 30, 2013 and September 5, 2013 through June 30, 2014. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. SECTION 17. Insurance and Indemnification. Contractor shall submit to the City: • A certificate of general liability insurance naming the City as additional insured in the amount of $1,000,000 per occurrence; • A liability endorsement form with reference to the above-listed liability insurance; • Proof of workers' compensation insurance for all employees in the amount required by State Law; ® Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. 5 Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss(including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written'notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Community Services Manager To Contractor: James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley 1 Via Positiva San Juan Capistrano, CA 92675 [SIGNATURE PAGE TO FOLLOW] 6 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By Larry Kramer, Mayor BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY By James Littlejohn, Executive Director ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney 7 U AGREEMENT POR A 'TERSCHOOE CREATION BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. THIS AGREEMENT is made as of the 1st day of July, 1937,by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, [NC., hereinafter called "Contractor." WITNESSETH WHEREAS, the City requires services for providing afterschool recreation programs for youth at the Boys & Girls Club facility; and WHEREAS, City has received a proposal to perform such services, and Contractor.is willing to do so, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. SCOPE OF WORD. The contractor shall provide a high quality,comprehensive aflerschool program for boys and girls, ages 6-16, which is to include, but is not limited to, the following: The program is to be held Monday-Friday at the club facility, immediately after school for a minimum of five hours each day; hours of operation to be modified to minimum day and holiday and school schedules for a period of 52 weeks beginning July 1, 1997. ® Provide alternative program activities during inciement weather. Program components to include homework time. tutoring, arts & crafts, excursions, hoiidav events, table games, movies,sports, hikes, computer lab, birthday party club. karate. weight lifting, and community projects. ® Advertise the program activities through media releases and the distribution of fivers throughout the schools. • Provide a monthly calendar of daily and special activities to participants. • beep records of daily attendance. ® All participants need to have a release of liability/waiver form on file. Provide and fund transportation to and from local attractions and events. A'TT'ACHMENT 2 SEEIIDN 2. EQ1 JWMEhlS° ANDS , � Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. The City owns a minimum amount of board games and sports equipment, which are available for use by the Contractor. All equipment and supplies must be in good operable and safe condition. Ire IL L3. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. J10N_REP0__RTS. Contractor shall provide City with monthly reports, which are due to the City ten (10) days prior to the monthly Parks,Recreation and Equestrian Commission meeting. Reports should include. but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder the normal operation of program services. ACTION d II PEC PION OF RE",`,",?R17S. City may review and inspect Contractor's accounting records related to the Agreement. S Neither the City nor the Contractor shall charge any facility cost or fee to the other party for use of the facilities specified under this Agreement, VES. City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City, S ILD RATT HA-110 Pursuant to Section 18290 of Title 5 of the California Code of Regulations, there should be an adult-child ratio of 1:14. Compliance with this ratio shall be determined based on actual attendance. Paae 2 SEC"[ISN 1Q. ENI�EPENDENT CC1N'[RACTOR. City. Contractor shall be deemed at all times as an independent contractor, not an employee of the - E C TIC}N 11. E1V[P YE Sl IJ13C NT MRS. A listing of employees and/or subcontractors must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. PL �IYEE TI"A R,A_NINGIBACKGROUND CHECKS/PHYSICAL. All employees of contractor will be required to have a background check through references, past employment history,and fingerprinting, as well as a pre-employment physical which, includes tuberculosis test, prior to the employee working at a program under the Agreement. Contractor will be responsible for costs incurred by background checks, fingerprinting, and pre-employment physical. Contractor will provide the City with clearance documentation within 48 hours of employee start date. City reserves the right to reject the services of any employee of Contractor who fails the background check or pre-employment physical. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have first aid and CPR training. .SECTION 13. PAYMEINT SCII DULL. Contractor shall maintain sufficient accounting records, time cards,and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be $1,155.67 per month, not to exceed$13,868 annually. City shall pay the amount due to Contractor per the City's payment schedule. SFCT1O1S 14. RE`3'ENTIUI° �F FUU1 DS. City may withhold payment to contractor to compensate City for any loss. cost, liability or damage suffered by City due to default of Contractor in the performance of services required. SECTION 15. REFUNDS. In the event Contractor collects membership or program fees from participants. it,.shail be the responsibility of Contractor to refund such fees for services not rendered. The City is entitled to collect damages due to default of Contractor in the performance of services required. Page 3 SEC�`i0]� 16 "t` �� ACIREEMENT. For a period of eighteen(18)months, beginning July 1, 1997, through December 31, 1998. A six-month extension, to June 30, 1959, can be tented upon mutual agreement of the parties without further action by City or Contractor, if there has been no breach of contract. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. EC'TI 1V 17. I UItAIVC 1� 1�1� NIF ,ATIO e Contractor shall submit to the City: ® A certificate of general liability insurance naming the City and Capistrano Unified School District as additional insured in the amount of$1,000,000 per occurrence: • A liability endorsement form with reference to the above-listed liability insurance; Proof of workers' compensation insurance for all employees; Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees. related costs and expenses)because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. CONFLICT OF INTEREST. Contractor must certify that to the best of its knowledge, no City employee or office of any public agency interest has any pecuniary interest in Contractor's business and that no person associated with Contractor has any interest that would conflict in any manner with the performance of duties specified as a part of this project. Contractor represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this project. Page 4 iN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPI STRANO ` , David M. Swerdlin, Mayor BOYS & GIRLS CLUE OF CAPISTRANO VALLEY, INC. *Byilliams, Executive Director ATTEST: City Clerk APPROVED AS TO FORM: 4 John R. Shaw. City Attorney Pace 5 AGREEMENT FOR TEEN RECREATION PICOGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AN BO'S'S & GIRLS CLUB OF CAPISTRANO VALLEY, INCA "TM AGREEMENT is made as of the 1st day of July, 1997,by and between the CITY OF SAN ,JAN CAPISTRANO, hereinafter called "City," and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC., hereinafter called "Contractor." "WITNESSETH WHEREAS, the City requires services for providing teen recreation programs for middle school age youth.at Marco Forster Middle School; and WHEREAS, City has received a proposal to perforin such services,and Contractor is willing to do so, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTIO LI; 1. SCOPE QF QRKa The contractor shall provide boys and girls in grades 6-8 with a comprehensive teen, program which is to include, but is not limited to, the following: A weekly program is to be held on Fridays, after school or evening hours, for a minimurn of three hours each day;hours of operation to be modified to minimum day and holiday and school schedules for a period of 40 weeks, commencing in September 1997, at the beginning of the school year. Provide alternative program activities during inclement weather. Program components to include Leadership Program and Training, Stuart Moves (anti-alcohol and drugs), social activities such as dances, excursions, holiday_ themes/events, and enrichment programs. Advertise the program activities through media releases and the distribution of flyers throughout the schools. Provide a monthly calendar of daily and special activities to participants_ Keep records of weekly attendance at the site. All participants need to have a release of liability/waiver form on file_ Provide and fund transportation to and from local attractions and events. ATTACHMENT 5 ECTI�N Z. F I Al—A—M-SUPPLIES. Contractor to purchase and supply all equipment and supplies needed to conduct teen programs. The City owns a minimum amount of board games and sports equipment, which are available for use by the Contractor. All equipment and supplies must be in good operable and safe condition. SECTION I . ACCI ENT CI LT REPORTS. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. T111 Contractor shall provide City with monthly reports, which are due to the City ten (10) days prior to the monthly Parks,Recreation and Equestrian Commission meeting. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments. SECTION 5. SF VI S. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. INSPECIILDN.(F RF ,CORDS. City may review and inspect Contractor's accounting records related to the Agreement. ECT'I 7. FACILITY' USE. Neither the City nor the Contractor shall charge any facility cost or fee to the other party for use of the facilities specified under this Agreement. Contractor agrees that no recreational or community services programs may be offered under this Agreement which disrupt the educational prograrn on any facility. The City will assist the Contractor for securing the Capistrano Unified School District facilities for Program sites. The Contractor will be responsible for the weekly operations of utilizing the school district facilities in regards to opening and securing facilities and keeping the premises and area of program site free of trash and debris as a result of program participants and corresponding and building relationships with school personnel. Page 2 S C"1°I®N �. D 'd A D REP a City and Contractor shall each designate one(1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her° designee will attend staff, community, Commission, or City Council meetings as requested by the City. SI D RA. I , Pursuant to Section 1$230 of Title 5 of the California Code of Regulations, there should be an adult-child ratio of 1:14. Compliance with this ratio shall be determined based on actual attendance. Contractor shall be deemed at all times as an Independent contractor, not an employee of the City. OUE A listing of employees and/or subcontractors must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. q"IQ 12. P I` A I{ R KS/pHYSICAIf All employees of contractor will be required to have a background check through references, past employment history, and fingerprinting, as well as a pre-employment physical which includes tuberculosis test,prior to the employee working at a program under the Agreement. Contractor will be responsible for costs incurred by background checks, fingerprinting, and pre-employment physical. Contractor will provide the City with clearance documentation within 48 hours of employee start date. City reserves the right to reject the services of any employee of Contractor who fails the background check or pre-employment physical. Contractor is to.provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have first aid and CPR training. 5EC:EIQN 13. PAYMENT C D I1 . Contractor shall maintain sufficient accounting records, time cards, and other docuurnentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be $351.42 per month, not to exceed$4,217 annually. City shall pay the amount due to Contractor per the City's payment schedule. Pace 3 SECTION 4. L) F E19qD& City may withhold payment to contractor to compensate City for any loss, cost, liability or damage suffered by City due to default of Contractor in the performance of services required. Tl®N 5. FKN_DS. In the event Contractor collects membership or program fees from participants, it shall be the responsibility of Contractor to refwrtd such fees for services not rendered. The City is entitled to collect damages due to default of Contractor in the performance of services required. E r1QN 16.: 'I' For a period of eighteen(18)months, beginning July 1, 1997, through December 31, 1998. A six-month extension, to June 30, 1999, can be granted upon mutual agreement of the parties without further action by City or Contractor, if there has been no breach of contract. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. SE!CTION 17. I SIJ NC A T O1®i. Contractor shall submit to the City: A certificate of general liability insurance naming the City and Capistrano Unified School District as additional insured in the amount of S 1,000,000 per occurrence, ® A liability endorsement form with reference to the above-listed liability insurance: Proof of workers' compensation insurance for all employees; ® Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses)because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECS"gN 1 , _C®NFLIC�„ IrITERFST. Contractor must certify that to the best of its knowledge, no City employee or office of any public agency interest has any pecuniary interest in Contractor's business and that no person Page 4 associated with Contractor has any interest that would conflict in any manner with the performance of duties specified as a part of this project. Contractor represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful-performance of this project. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN J`UAN CAPISTRANO By David M. Swerdlin, Mayor BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. By ames Williams, Executive�Director ATTEST: City Clerk APPROVED AS TO FORM: John Shaw, City Attorney Page 5 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "MOU") is made this 18th day of August, 1998, by and between the City of San Juan Capistrano (hereinafter referred to as "City"), and the Boys and Girls Club of Capistrano Valley, a non-profit corporation (hereinafter referred to as the "Club"). RECITALS: WHEREAS, City owns certain vacant real property (hereinafter referred to as the "Site") located within the City's Sports Park Complex which is situated in the City of San Juan Capistrano, County of Orange, State of California, and more particularly described in the site plan attached as Exhibit "A" to this MOU; and WHEREAS, Club has proposed to City a plan to construct a Boys and Girls Club facility (hereinafter referred to as the "Club Facility") consisting of approximately Eleven Thousand (11,000) square feet to be located on the Site; and WHEREAS the Club proposes to construct the Club Facility from funds consisting sisting of approximately One Million Eight Hundred Thousand Dollars ($1,800,000) to be collected from a major fund raising drive; and WHEREAS, the Club proposes to lease the Site from City in order to provide the land for the Club Facility; NOW, THEREFORE, BE IT MUTUALLY RESOLVED between City and Club as follows: Section 1. The Site and Description of Club Facility. The Site consists of that real property as depicted on the Site Plan, attached as Exhibit "A", and incorporated herein by reference. The Club Facility is proposed to consist of approximately Eleven Thousand (11,000) square feet. A footprint of the Club Facility is depicted on Exhibit "A." The Site where the Club Facility is proposed to be constructed is part of a larger parcel that will be used by City for municipal' purposes, including without limitation, a community center and a gymnasium. Section 2. Purposes and Uses of Club Facility. The Site shall be leased to Club solely and exclusively for the purpose of constructing, operating and maintaining the Club Facility to provide recreational and other c:kwpMn60\wpdw,s\agm\boMFis.agr -1- ATTACHMENT 3 social programs on a non-discriminatory basis to residents and other persons within the Capistrano community pursuant to the bylaws, articles of incorporation and rules and regulations of the Boys and Girls Club of Capistrano Valley as they currently exist or may be amended in the future for the conduct of fund raising activities, and for such other related or incidental purposes as may first be approved in writing by the City Manager. The buildings and facilities to be built by Club are described for convenience on Exhibit "B" attached hereto and incorporated herein by reference. Section 3. City's Commitment to Grant a Lease Subiect to Terms of this MOU/Funding Threshold Requirement. City pledges that it shall enter into a lease with Club, providing mutual agreement is reached between the parties on the terms of the leasehold, wherein the Site shall be ]eased to the Club. This covenant is conditioned upon the condition precedent, however, that Club shall raise through its fund raising drive the total sum of money equal to one-third (1/3) the cost of constructing the Club Facility as described in this MOU. The Club presently estimates that the total cost to complete the Club Facility is One Million Eight Hundred Thousand Dollars ($1,800,000.) At such time as Club has reached a funding commitment equal to one-third of the cost required to complete the Club Facility, then Club shall provide written verification to City that Club has in its possession said funds. Thereupon, City shall forthwith commence good faith negotiations with Club for the purpose of consummating a leasehold arrangement between the parties. The parties agree that the leasehold agreement shall contain a provision wherein Club shall have secured funding commitments in a form and amount acceptable to City as a condition precedent to City's grant of leasehold rights to Club. Section 4. Term and Termination, This MOU shall remain in full force and effect until such time as mutually rescinded by the parties, or within two (2) years from date of execution of the MOU, whichever occurs sooner. Section 5. Subsea ent Leasehold Performance Matters. City and Club agree that the efficacious operation of the Club Facility is of paramount importance to the parties because of the facility's proposed unique location adjacent to the City's Community Center, a soon to be built gymnasium, and the City's Sports Park complex, Accordingly, City and Club agree that, in the event the funding commitment requirements of this MOU are met, a future lease of the Site to the Club. shall contain the following performance/default requirements: c:%wpMn6O%wpdocs\agree\boysgds.agr -2- 08106/% "Performance and Default Rggqirernents. I Oi)erational Issues. In the event that the Club experiences significant operational problems, including but not limited to a lack of proper facilities' maintenance, a consistent pattern of unresolved conflicts between City and Club, significant decline of program participation below established goals, and unreasonable and unresolved police calls pertaining to Club Facility, then the City Council reserves the right to consider initiating a process for the possible assumption of City interim day-to-day club management for the purpose of insuring successful performance of the Club's youth program. The process shall be: (a) The City Council may call for a hearing after giving written notice to the Club for the purpose of requesting a Panel Review for any of the above-stated operational problems. "Panel Review" is defined to mean a Panel, consisting of two (2) members of the City Council, two (2) members of the Club's Board of Directors, and two (2) members of the Capistrano Unified School Board, which shall conduct one or more meetings in compliance with the Brown Act in review of the question put to it by the City Council. (b) If, after conducting a hearing, the City Council votes by simple majority of its entire membership to initiate a Panel Review, then a written statement of the issue shall be transmitted to the Panel for review. (c) The Panel may elect to recommend to the City Council and the Club that the management be assumed, or not assumed by the City, or, in the alternative, recommend other appropriate courses of action. (d) Thereafter, the matter shall be heard by the City Council as soon as reasonably practicable. The Council shall not vote to assume the day-to-day management in the event that the Panel recommends against such an assumption of management. The Club shall be given a full opportunity to address the City Council regarding this matter prior to the City Council making a final determination on the issue. c:kwp,Mn6O�wpdoeslagree\boysgds.agr -3- 08106/98 (e) In the event that the City Council unilaterally votes to assume the day- to-day management of the Club on an interim basis and consistent with the steps set forth herein, the City shall then deliver notice to the Club within twenty-four (24) hours of such decision. The Club shall then take immediate steps to coordinate with City. In the event that the Club does not comply with this subsection, then the leasehold shall be deemed to be void and forfeited by the Club. 2. Default. Time and each of the terms, covenants and conditions hereof are expressly made the essence of this Agreement. If the Club shall fail to comply with any of the terms, covenants or conditions of this Agreement, and shall fail to remedy such default within thirty (30) days after service of a written notice from City, or to commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion, or if Club shall abandon or vacate the leased Site, City may, at its option, and without further notice or demand, terminate this Agreement and enter upon the leased Site and take possession thereof, and remove any and all persons therefrom with or without process of law." The lease shall also contain a provision to be negotiated by City and Club relating to the status of the title of the building improvements in the event of default of the Agreement by the Club. Section 6, Notices, Any notices required to be given under this MCU may be served by depositing the notice in the U. S. mail, first class mail, postage prepaid. Service shall be deemed complete upon the fifth day following deposit in the mail. Notices shall be sent to: To City: City of San Juan Capistrano City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 c:WvpvAn6O\wpdocs\agreeboysgds.agr -4- To Club: Boys and Girls Club of San Juan Capistrano Executive Director 31371 El Camino Real San Juan Capistrano, CA 92675 Section 7. Entire Agreement. This MOU comprises the entire understanding between City and Club concerning the use and occupation of the Site and Club Facility and supersedes all prior negotiations, representations, or agreements. IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first written above. CITY OF SAN J AP TRANO B it J0 Mayor za,--y'&r- ATTEST: By: Cheryl Joh 66n,tWty Clerk APPROVED AS TO FORM: By: John R.--Sh City Attorney BOYS AND GIRLS CLUB OF SAN JUAN CAPISTRANO J By-, PLWWIII it ams, Executive D i rector ame c:\wpmn601wpdors%gree\boysgfis.agr 08/06M t � i A"pIWA N ...... ........ F 't, di Illi 'i j j y , s • r _,.. vv OFF. _ I OFF. II II ` GHEGIC-tIV CANTEEN TEEN \ GENTER LEARNING LOS�� �Ar�ES ROOMGENTEP C'PAFT5 II �! li II T 6" ��NOP- WALL II III II !I I OFF. I=F. p II I li I 1� IC_ I [30-r-5 Is, II EXI5TINO EVLOING ® �I I A0 II vq-e IIS II ICDI z — II — Ex15TING E3LJIl I?I€ G Lo3Y EXEC- 0 R� 0 CD (r I I�PTCIaEr II �� Il II n li � 11 II 16 cy l MULTII-PURPUSECD II I I I II f 11 II I i� II I z L_- -_—�=-- J ® � II > ll II r i BOYS AND GIRLS CLUB OF CAPISTRANO VALLEY FLOOR PLAN q) _ SCALE: 1/8' m T-®' MEMORANDUM February 23, 2000 TO. George Scarborough, City Manager Jennifer Murray, Assistant City Manager FROM: Al Icing, Jr., Community Services Director SUBJECT. Update on Discussions with Boys & Girls Club Representatives regarding MOU and Reciprocal Facility Usage Issues Manager Karen Crocker and I have been meeting monthly with Executive Director Jim Williams and Business Director John Harris to work through a variety of operational, use, and fee issues regarding the upcoming opening of the Club's Dei Avion site. I thought it might be helpful to provide you with our latest update since we now have established some baseline concepts to assist our project team in proceeding. I would especially appreciate hearing your thoughts to ensure that Karen and I are headed in an appropriate and realistic direction on these important and sensitive Club/City usage and fee issues. 1. Contractin with Club for providing various youth services andro rams - Just as we currently contract with the Boys & Girls Club to provide afterschool programs and services at the El Camino site and with the Camp Fire Boys & Girls, Orange County Council, for providing afterschool programming at the three elementary schools, I have asked Karen to identify appropriate existing programs and services, as well as potentially new programs and services, that Community Services may recommend contracting with the Boys & Girls Club to provide at the new Del Avion Club site. This is especially appropriate since our existing contracts with the Boys & Girls Club and Camp Fire programs are set to expire in June, 2000. Our initial thinking is to transfer the afterschool elementary school program currently conducted at Del Obispo Elementary School by the Camp Fire Boys & Girls program to the Boys & Girls Club. With the two elementary school sites in proximity to the new Club beginning September, 2000, the thinking is to utilize the new Club site as a key provider of afterschool programs and services for elementary school age populations. We anticipate recommending a continuation of our agreement with Camp Fire, though, to provide important and critical afterschool programs atAmbuehl and San Juan Elementary Schools eonsistentwith our current agreement with them. For programs and services that we would be contracting with the Boys & Girls Club to provide as an extension of. the Community Services program, we anticipate recommending that we would not be charging them fees for the use of City facilities in conducting these contracted programs. Karen and John Harris will be }nutting together a listing of these proposed programs and services that I will be able to provide to you by mid March. ATTACHMENT 4 Memorandum -2- February 23, 2000 2. Reciprocal Facility Usage - In our recent meeting with Boys & Girls Club representatives on February 17, Karen and I identified an extensive list of program areas that could certainly utilize the Del Avion Club facility during the daytime or after 6 p.m. Previously, I think we all had been thinking very narrowly that it would be the Club that would be predominantly using City facilities. However, Karen and I wish to broaden that thinking and awareness to propose that, in fact, there are many opportunities for the City to gain access and use the Club's facility. Examples include a senior daytime computer training program using the Club's 20-station computer lab and senior as well as non-senior access to and use of the Club's craft room. In fact, regarding the craft room, Jim Williams advises that the craft room in the Club has been wired for installation of kilns. Karen and I are discussing with Maricella the possibility of having the kilns from the Old Fire Station relocated to the Club's new Del Avion site, which might result in saving the Club substantial dollars for the purchase of new kilns, while also providing assurance of City access to and usage of the kilns and arts and crafts room for future programs. Daytime and evening yoga classes could potentially use the new Club's multipurpose room, and our senior tax assistance program could certainly gain access to the Club's smaller 10-to 15-person meeting room. Our youth and adult sports programs which use the gymnasium can certainly benefit by gaining access to the Club's adjacent multipurpose room as a concession and pre-function meeting area. Since we do not permit bringing any food or beverages into the gymnasium, the Club may be able to create a concession area in the multipurpose room and generate revenue flow from spectators to City and community sports programs. Again, I have asked Karen to work with Business Director John Harris, from the Club, to more thoroughly and comprehensively identify specific City cosponsored programs which could be relocated to Club facilities, substantially reducing scheduling and parking demands placed on the Community Center. In discussing this issue at our February 17 meeting with Jim Williams, he was very receptive to these types of uses, which leads Karen and me to feel that we should establish a reciprocal facility usage agreement with the Boys & Girls Club, much as we have done with the School District, where we do not charge one another for the reciprocal uses of each other's facilities. Again, I will have more extensive information from Karen on this concept by mid March as she and John Harris refine the conceptual work which was begun on February 17. 3. Other Uses - Jim, John, Karen and I all feel that there was likely to be this third category of City facility usage by the Club that maybe doesn't fall into categories 1 or 2. As an example for this category's use, say, of the gymnasium by the Club, Karen and I might suggest an hourly fee for Club usage to be $12 per hour. We Memorandum -3- February 23, 2000 arrived at this $12 per hour based upon our minimum hourly rate for use of the gymnasium being $25 per hour. Of that $25 per hour, $13 is directly related to City staff costs to open, close, and supervise the gym during its use. Since the Club would be providing gymnasium site supervision and opening and closing themselves, we wouldn't need to have our staffing present, resulting in a $13 per hour savings. We would recommend transferring this savings to the Club by reducing the $25 per hour rate to $12 per hour. We won't necessarily recommend this approach with other organizations, and we certainly feel our relationship with the Boys & Girls Club is very unique and warrants a unique approach to establishing facility usage fees. Based upon the conceptual development of these three category areas, it becomes apparent that through categories 1 and 2 we would not be seeping to charge the Club for use of City facilities and only in category 3 would we recommend the charging of a reduced hourly rate as presented above. The development of these conceptual approaches is very important because they are the premise upon which our discussions and future dialogue will be based. Additionally, as mentioned previously in voice mails, Executive Director Jim Williams needs to develop proposed operating budgets for both the Club sites, and he has expressed a concern to President Hart about the ability to establish an accurate, realistic operating budget for the Del Avion Club site without having a feel for what the City will be charging the Club for facility usage fees. Through the establishment of these three use categories, Jim would be able to initiate the development of a draft budget to meet the Club's budget preparation and'development needs. Jim advises that President Hart is very receptive to this type of approach and 1, likewise, have had the opportunity to briefly speak with Wyatt on some of these conceptual ideas we are developing. He has also expressed encouragement and support to the approach that we are taking. Although I feel that Karen and I are headed in the right direction with these three conceptual categories, it would be helpful to hear your thoughts should you have a different perspective or viewpoint. Now is the important time for us to receive endorsement of the direction that Karen and I are proceeding or modification to it. Timing will soon be a very critical issue as our project team moves to try to finalize these conceptual proposals and prepare formal recommendations for your and the City Council's consideration as well as the Club's Board of Directors. Please advise if I can provide any additional information, and.l'd be happy to chat with you further to discuss our conceptual proposals. AK:jtb cc: Karen Crocker Linda Evans Maricella Moreno 0.Nmyfiles12331tnuseupd.wpd Community Services Fees: Gymnasium Fees Summary Exhibit E Current Fees Fees Effective My 1, 2012 1/2 Gym Full Gym Compliance 1/2 Gym Full Gym Compliance Fee Gymnasium Priority Classification Per Hour Per Hour Deposit Per Hour Per Hour Deposit Change Cade City sponsored or co- 1 sponsored events, leagues -N/C- -NC- Required -N/C- -NC- Required and programs City Approved lease or 2 agreement such as the Negotiable Negotiable Negotiable * Negotiable Negotiable Negotiable Boys&Girls Club Programs conducted by Nationally recognized not 3 for profit sport groups with $29.20 $58.39 $215.46 $ C)f3C1 $5(3 01 $221 40 Q Category I open enrollment, which are established in San Juan San Tuan CapistranoFr Capistrano _.._ _. Programs conducted by Residents, nationally recognized not Businesses& for profit adult and senior Non-Profit 4 groups citizens sports s with Corporations P 9 P $29.20 $58.39 $215.46 221140 D open enrollment,which are established in San Juan Capistrano Not for profit community, 5 recreational, or educational $29.20 $58.39 $215.16 $3C3,47Q t�0:D1 22I 40 D i. Clunar invitatio-._n_al teams only, run by nationally 6 recognized youth sport groups, which are $41.28 $82.56 $215.46 $42 42, $$44 $22"1.40 D established in San Juan Businesses and private W_ 7 schools located in SIC using $70,48 $162.09 $215.46 X72?�#2 the gym for profit 2 4i1 Category ll Businesses and Private TTl sports camps that are San Juan Z 8 located in San Juan 881.55 $162.09 $215,45 $ $$` 1 2 D Capistrano Private Schools Capistrano using the gym for profit Not for profit Community, 9 Educational or Public $70,48 $1.4095 $324.19 ���, � � s $� �+t"` D Service groups Pursuant to Resnlutfon 12-04-17- 7/8/2012 CS-Gym (unless Me—Ke Noted) Page 1 of 2 - Fffett3ve"Oty 1,2012 BOYS&GIRLS CLUBS OF CAPISTRANO VALLEY PRO FORMA SEPTEMBER 2011-JULY 1,2012 EXPENSES:..' ICNNUAL Non-fee Based Programs 2:00 p.m.-6:00 p.m. Sep-11 Oct-11 NOV-11 pec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Jun-12 TOTALS_ Arts and Grafts Supplies $ 167.00€ $ $ $ 7,500:00 $ 467.00 $ T 200.00 $ $ $ 7,067.00 $ 15,401..00 Athletic Equipment Supplies $ 42.00 $ 42.00€ $ 42.00 $ mm 42.00, $42.001 $42.001 $ 42.00 00; $ 42.00 $ � 42. $ 42.00 $ � 420.00 ;Computer Lab Supplies $ 250.00 $ 250.00 $ 250.00 $.. 250.00 $ 250.00 $�W 250. 0a$ 250,00 $$ 250.00 $ 250.00 i $ 250.00 $ 2,500.00 ,Education Supplies $ 300.00, $ 200.00 $ 600.00 $ 100.00 $ 300.00 $ 500,00 100.00 1 $ 500.t3a� 500.00 $ 700.40 $ 3,800.00 ;Socia)Recreation Supplies $ 385.00 $ 462.00 $ 42.00 $ 150.00 $ 42.00 $ 252.00 1 $ 4_2.00 m127.00' $ 42.00 $ 42.00 $ 1,586.00 'Teen Center Supplies _ $ 1,259.00 $. 648.00 $ 463.00 $ 752,00 $ 1,038.00 $ �00S 752.Op $ 753.00$ 738,00 $ 738.00 $ 7,894,00 Supplies Subtotal Per Month W �s ; $ 2,403.00 $ 1,602.00 $ 1,397.00 $-_..8,794.00 $ 2,139.00 $ 1386.00 $ 1,672.00' $ 1,572,00 $ 8,839.00 $ 31,601.00 Computer Lab Supervisor T $ 1,337.50 $ 1,337.50 $ 1,277.00 $ 1,398.50 $ 1,277.00 $ 1,216.00 $ 1,398,50 $ 1,337.50 $ 1.,277.00 $ 1,337,50 $ 13,194.00 Education Leader _�. $ 1,311.00 $ 1,311.00 $ 1,251.50 $ 1,371,00]__$ 1,251.50 $ 1,192,00 $ 1,371,00 $ 1,311.00 $ 1,251.50 $ 1,311.00 $ 12,932.50 Program Aide for Art _ $ 396.00 $ 396.00 $ 378.00 $ 414.00 $ 378.00 $ 360.00 $ 414:00 $ 396.06 $_378.00 $ 396.00 $ 3,906.00 Social Recreation Supervisor $ 1,332.50 $ 2,665.00 $ 1,272.00 $ 1,393.00. $ 1,272.00 $ 1,211,00 $ 1,393,00 .$ 1,332.50 $ 1,272,00 $ 1,332.50 $ 14,475.50 Social Recreation Leader $ 35100 $ 352.00 $ 336.00 $ 1,393.001 $ 1,272.00 $ 1,211.00 $ 1,393.00 $ 1,332,50 $_1,272.0_0 $ 1,332.50 $ 10,246.00 Teen Center Recreation Leader $ 1,371.00 $ 1,371,00 $ 1,308.50€ $ 1,433,50; $ 1,308.50 $ 1,246.50 $ 1,433,50 $ 1,371.00 $ 1,308.50 $ 1,371.00 $ 13,523.00 Teen Center Program Aide $ 216.00 $ 453.50 $ 367.00$ 259.00€ $ 475.00 $ 453.50 $ 475.50 $ 360.00 $ 450.00 $ 288.00 $ 3,797,50 Front Counter Program Aide $ 523.00 I $ 68150 $ 624.00 $ 552.291$_696.00 $ 681.50€ $ 696:00 i $ 379.00 $_ 379.00 $ 379.00 $ 5,591.00 Middle School Program Aide $ 396.00_$_ 396.00 $ 378.00 $ 414.00 $ . 378.00 m360.0Q $ 414.00 $ 396.00 I $ �37_8.00 $ 396.00 $ 3,906,00 Activity Supervisor(4 hours) $ 1,311.00 1,311.00 i $ 1,252.15 $ 1,371.00 $ 1,251.50 $ 1,192,00 $ 1,371.00 $ 1,3 011$ 011 0 1,251.50 $ 1,311.0_0 $ 12,933.15 Recreations Leaders(4 hours each leader) $ 704.00 $ 704.00 $ 672.00 $ 736,00 $ 672.00 $ 640.00 $ 736;00 $ 704.00 $ 672.00 $ 704.00 $ 6,944.00 Workers`Comp $ 804,751 $ 955.13 $ 793.1.0 $$ 933.95 $ 890.13 $ 849.42 $ 965.30 $ $90.05 860,38 $ 883.78 $ 8,825.99 ;insurance-Medical _ $ -206,271 $ 244.82 $ 203.29 $ 239.39 $ 228.16 $ 217.69 $ 247.43 $ 228,13 $ 220,53 $ 226.53 $ 2,262.24 Staffing Subtotal Per Month mm $ 10,261.02 $ 12,178.45 $ 10,112.54 $ 11,908.34 $ 11,343,79 $ 10,830.61 $ 12,308.23 $ 11,34$.6$ $ 10,970.41 $_11,268.81 $ 112,536.88 Payment for Gytn _� $ 616,00 $ 1,176.00 $ 840.00 $ 1,064.00 $ 1,176.00 $ 1,120.001 $ 1,232.00 $ 1,085.007$ 1,120.00 $ 1,120.00 $ 10,549.00 Expenses PerManth $ 13,280.021$ 14,956.45 $ 12,349,54 $ 21,766.34 $ 14,664.79 _$_13,74 $ 14,926.23 $ 14,105.6$1$ 13,662.41 $ 21,227.81 $ 154,686.$8 ,ItEVENU ANNUAL Fee Based Programs 2;00 p.m.-6:00 p.m. Sep-11 Oct-11 NOV-11 DK-11 Jan-12 Feb-12 Mar-12 A r-12 Ma -12 Jun-12 TOTALS Soccer fees - $ $ $ - € $ $ u 600.00 $ - $ - $ $ $ $ 600.00 Dodge ba0 fees $ $ 200.00 $ $ $ 200.00 $ $ $ $ $ $ 400.00 Music class fee Voileyball fees $ $ $ $ $ -_ $ $ $ 500,00 $ .$_ _ $ 500.00 indoor soccer fees mm $ $ - $ - $ 400.00 $ 600,001.000,00 !Basketball fees $_ 350.00 $ 3$4,00 $ $ $ _ _ $ $ $ $_ _ $ $ 700.00 !Camp fees f $ $ - $ $ :$ _ $ $ $ _ -�_ _ i Fee Based Program Subtotal Per Month f $ 350.00 $ 550.00 $ $ 400,00E $ 1,400.00T$ $ _ ; $ 500.00 3,200.00 _ City of San Juan Capistrano Contribution $ 7,805.80 $ 7,805.80 $ 7,805.80, $ 9,805.80 $ 7,805.80! $ 7,805. $ 7,805.80E 7,805.80 7,805.80 1 $ 7,805.80 $ 7$,058.0© Revenue Per Month _ _ [$ 8.155,84 $ 8,355.80 $ 7,905,801$ 8,205.80€$ 9,205.80 $ 7,805.80! 7,805.80 1$ 8,305.80 F$ 7,805,8000 W 7,$05.80 $ $1,258.00 W_ E TOTALREVENUE $ 81,2.58.00 = In-kind contribution by the City for gymnasium fees are$33,448.00(Minimum charge for gymnasium for 2011.2012 is$58.39/hour;the Boys&Girls Clubs of Capistrano [ I r Valley used 753.5 hours during the Fiscal Year,they paid$10,549;therefore$58.39 x 753.5=$43,997-$10,549=$33,448) ` TOTAL EXPENSES! $ 154,686.88 I"j'l TOTAL MEMBERS= 1,676,935 ARE SAN JUAN CAPISTRANO RESIDENTS 668 youth members paid$10.00,$20.00,or 550,00 per year,depending on their financial status. --� The remaining 1,008 youth members received scholarships at no cost per year. M The Club's average daily attendance was 317 members;207 are San Juan Capistrano residents. K( J' AGENDA ITEM December 1, 1998 T®: George Scarborough, City Manager FROM: Al King, Jr., Community Services Director SUBJECT: Consideration of Extending Agreements for Afterschool Recreation and Teen Programs (Boys & Girls Club of Capistrano Valley, Inc.) RECOMHENDATION: By motion, approve extension of the Afterschool Recreation and Teen Program agreements between the City and Boys & Girls Club of Capistrano Valley, Inc. through June 30, 1999, SITUATION- A. Background: At the meeting of March 18, 1997, City Council approved the attached agreements with the Boys&Girls Club of Capistrano Valley to provide afterschool and teen programs for a period of eighteen (18) months. Term of the agreements is July 1., 1997-December 31, 1998, with a six-month extension to June 30, 1999, upon mutual agreement of the parties. B. Summary and Recommendation: The Boys & Girls Club of Capistrano Valley has been providing an increased level of programs at the Boys&Girls Club facility as a result of the funding that the City has provided through the current agreement. The Club has also been. conducting a Friday afterschool teen program., which is called "Fabulous Fridays."The program was conducted during the last school year, which ended in June 1998. The program was scheduled to begin again in October 1998; however, the Club has been experiencing difficulty in obtaining staff to conduct the teen program. The Boys & Girls Club is in the process of recruiting for the teen program position. The City has not paid for teen services not rendered for the months of October,and November. Once the teen program position is filled,the Club will continue to meet its contractual obligation.. Therefore, the Boys&Girls Club of Capistrano Valley is requesting the 5-month extension to the current agreement. Attnc:hment 7 Agenda Item -2- December 1, 1998 COMl ISSION/BO RD REVIEW, RECOMMENDATION: At the November 16, 1998, Parrs, Recreation&Equestrian Commission meeting, the Commission unanimously recommended approval of the contract extension, FINANCIAL CONSIDERATIONS: Extension of the existing contract for a 6-month period to expire .lune 30, 1999, has been incorporated in the TY 1998-99 Community Services Department budget; therefore,there is no need for a budget modification. PUBLIC NOTIFICATION: Attn: Tim Williams, Executive Director Boys & Girls Club of Capistrano Valley, Inc. 31371 El Camino Real San Tuan Capistrano, CA 92675 ALTERNATE ACTIONS: I. Extend the Afterschool Recreation and Teen Program agreements between the City and Boys & Girls Club of Capistrano Valley, Inc. through Tune 30, 1999. 2. Deny extension of the Afterschool Recreation and Teen Program agreements between the City and Boys & Girls Club of Capistrano Valley, Inc. through .lune 30, 1999. 3. Extend the agreements for providing Afterschool Recreation and Teen Program services through the Boys & Girls Club of Capistrano Valley with modifications. 4. Continue the item and direct staff to return with further information on specified issues. Agenda Item -3- December 1, 1998 RF COMb IENDATION: By motion, approve extension of the Aftersc;hool Recreation and Teen Program agreements between the City and Boys & GirIs Club of Capistrano Valley, Inc. through June 30, 1999. Respectfully submitted, Prepared by, w4e � Al King, Jr. Karen Crocker Community Services Director Community Services Manager AK:KC:jtb Attachments; A. Agreement for afterschool recreation program between the City of San Juan Capistrano and Boys & Girls Club of Capistrano Valley, Inc. B. Agreement for teen recreation program between the City of San Juan Capistrano and Boys & Girls Club of Capistrano Valley, Inc. c.Aw¢docs13451aiasex1.b-g AMENDMENT TO AGREEMENT FOR A TERSCHOOL RECREATION PROGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. THIS AMENDMENT TO THE AGREEMENT currently in effect for afterschool recreation programs at the Boys& Girls Club facility within the City of San Juan Capistrano is made and entered into this 15th day of Tune, 1999, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC., hereinafter called "Contractor." WITNESSETH City and Contractor mutually agree, as follows: The term of this Agreement shall be extended through June 30, 2000. All other terms and conditions of the original Agreement dated July 1, 1997, and extended through June 30, 1999, by agreement dated December 1, 1998, between the City and the Contractor remain in full force and effect. �; WITNESS WFIEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By John Greiner, Mayor BOYS & GIRLS CHUB OF CAPISTRANO VALLEY, INC. By aures L. Williams, Executive Director ATTEST: City Clerk APPROVED AS TO FORM: -C)-& John I) Shaw, City Attorney AMENDMENT TO A RRE EENT FOR TEEN RECREATION PROGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. THIS AMENDMENT TO THE AGREEMENT currently in effect for teen recreation programs for middle school age youth at Marco Forster Middle School within.the City of San Juan Capistrano is made and entered into this 15th day of June, 1999, by and between the CITY OF SAN RJAN CAPISTRANO, hereinafter called "City," and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC:, hereinafter called "Contractor." WITNESSETH City and Contractor mutually agree as follows: The term of this Agreement shall be extended through June 30, 2000. All other terrn.s and conditions of the original Agreement dated July I, 1997, and extended through June 30, 1999, by agreement dated December 1, 1998, between the City and the Contractor remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRAN By John Greiner, Mayor BOYS & GILLS CLUE OF CAPISTRANO VALLEY, INC. Jame 11. Williams, Executive Director ATTEST: City Clerk APPROVED S TO FORM.: John R. Shaw, City Attorney AGREEMENT FOR AFTERSCHOOL RECREATION BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. THIS AGREEMENT is made as of the 1st day of July, 2000, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC., hereinafter called "Contractor." WITNESSETH WHEREAS,the City requires services for providing afterschool recreation programs for youth at the Boys & Girls Club El Camino Real site and the Via Positiva site; and WHEREAS, City has received a proposal to perform such services, and Contractor is willing to do so, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. SCOPE OF WORK. The Contractor shall provide a high quality, comprehensive, no fee afterschool program for boys and girls, ages 6-18, which is to include, but is not limited to, the following: El Camino Real Site The program is to be held Monday-Friday at the club facility, immediately after school for a minimum of five hours each day; hours of operation to be modified to minimum day and holiday and school schedules for a period of 52 weeks beginning July 1, 2000. Provide alternative program activities during inclement weather. Program components to include homework clubs and tutoring, arts & crafts, excursions, holiday events, table games, movies, sports and fitness, computer lab, specialty clubs and community projects. Advertise the program activities through media releases and the distribution of flyers throughout the schools. Provide a monthly calendar of daily and special activities to participants. Keep records of daily attendance. ATTACHMENT 8 All participants need to have a release of liability/waiver form on file. Provide and fund transportation to and from local attractions and events. City vehicles can be used upon availability, pending City approval and Contractor's drivers meet City criteria for driving a City vehicle. Via Positiva Site The program is to be held Monday-Friday at the Via Positiva site, immediately after school. Each program component will be two hours each day; hours of operation to be modified to minimum day and holiday and school schedules for a period of 52 weeks beginning July 1, 2000. Leadership in training hours will vary depending on activity. Provide alternative program activities during inclement weather. Program will be geared to participants in grades first through twelve. Advertise the program activities through media releases and the distribution of flyers throughout the schools. Provide a monthly calendar of daily and special activities to participants. Keep records of daily attendance. All participants need to have.a release of liability/waiver form on file. Program components to include a Leadership in Training Program, Afterschool Recreational Sports and Fitness Program and Project Learn, Leadership in Training Program Goal: Develop leadership skills and to prepare youth ages 11-15 with job preparedness skills and career exploration, Services to include: I. . Conduct workshops focusing on oral communications, exploring work values and ethics, active listening, identifying personal skills, conflict resolution, respecting others differences, hygiene and grooming, positive image, how to interview, completing job applications and proper use of the telephone, 2. Operate a junior leader program utilizing the above mentioned skills, 3. Junior leaders to participate in Community Services projects such as beach cleanup, senior citizen visits, City and Boys and Girls Club special functions. 4. Include an incentive program that consists of rewards, such as pizza parties and special outings and awards. 5. Invite local businesses to make business presentations for career choices. Page 2 Recreational Sports and Fitness Goal: Provide a non-competitive afterschool school sports and fitness program for both elementary and middle school aged youth. Services to include: 1. Conduct sports clinics that focus on skill building for a variety of sports. Sports will include, but not limited to, basketball, volleyball, badminton, rollerhockey, soccer, softball and football, 2. Fitness and exercise programs will be incorporated on a weekly basis. 3, Afterschool Recreation Sports and Fitness Program will be offered Monday—Friday for a two (2) hour duration. 4. Activities will be designed so that everyone plays and participates in a non-competitive atmosphere. 5. Contractor to arrange for guest speakers to make presentations and teach skill development. Project Learn Goal: a supplemental education program designed to assist youth in achieving academic success for youth in grades first through twelve. Services to include: 1 Staff and volunteers to assist youth complete daily school assignments in a positive environment. 2. Youth are taught computer skills such as computer orientation, word processing, spreadsheets and introduction to the Internet. 3. Program to include educational enhancement activities such as a summer reading program, sign language training, environmental education activities and a journalism writing club. 4. Contractor to develop a method of tracking academic success of youth. Contractor to present a tracking report in June 2001, which will show results of program. SECTION 2. EQUIPMENT AND SUPPLIES. Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good operable and safe condition. Page 3 SECTION 3. ACCIDENVINCIDENT REPORTS. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. SECTION 4. EVALUATION REPORTS. Contractorshall provide City with monthly reports,which are due to the City ten (10) days priorto the monthly Parks, Recreation and Equestrian Commission meeting. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments. Contractorto provide an end of the year evaluation due by June 29, 2001, to include measurable outcomes of programs. SECTION 5. SITE VISITS. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. INSPECTION OF RECORDS. City may review and inspect Contractor's accounting records related to the Agreement. SECTION 7. FACILITY USE. Neither the City nor the Contractor shall charge any facility cost or fee to the other party for use of the facilities for specified programs under this Agreement. SECTION 8. DESIGNATED REPRESENTATIVES. City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9. STAFF/CHILD RATIO. There shall be an adult-child ratio of 1:20. Compliance with this ratio shall be determined based on actual attendance. SECTION 10. INDEPENDENT CONTRACTOR. Contractor shall be deemed at all times as an independent contractor, not an employee of the City. Page 4 SECTION 11. EMPLOYEESISUBCONTRACTORS. A listing of employees and/or subcontractors must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 12. EMPLOYEE TRAINING/BACKGROUND CHECKS/PHYSICAL. All employees of Contractor will be required to have a background check through references, past employment history, and fingerprinting, Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. Contractor will provide the City with clearance documentation within 48 hours of employee start date. City reserves the right to reject the services of any employee of Contractor who fails the background check or pre--employment physical. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have first aid and CPR training. SECTION 13. PAYMENT SCHEDULE. Contractor shall maintain sufficient accounting records, time cards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be $2,340.84 per month, not to exceed $28,090 annually. City shall pay the amount due to Contractor per the City's payment schedule. SECTION 14. RETENTION OF FUNDS. City may withhold payment to Contractor to compensate City for any loss, cost, liability or damage suffered by City due to default of Contractor in the performance of services required. SECTION 16. REFUNDS. In the event Contractor collects membership or program fees from participants, it shall be the responsibility of Contractor to refund such fees for services not rendered. The City is entitled to collect damages due to default of Contractor in the performance of services required. SECTION 16. TERM OF AGREEMENT. For a period of twelve (12) months, beginning July 1, 2000, through June 30, 2001. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. Page 5 SECTION 17. INSURANCE AND INDEMNIFICATION. Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; A liability endorsement form with reference to the above-listed liability insurance; Proof of workers' compensation insurance for all employees; Comprehensive automobile liability coverage for owned, hired and non- owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. CONFLICT OF INTEREST, Contractor must certify that to the best of its knowledge, no City employee or office of any public agency interest has any pecuniary interest in Contractor's business and that no person associated with Contractor has any interest that would conflict in any manner with the performance of duties specified as a part of this project. Contractor represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this project. OAMyFfleskAdrnin PiAcies\Boys and Girls Club agroementmpd Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By Cohen 6mpbel , mayor BOYS&GIRLS CLUB OF CAPISTRANO VALLEY, INC. Ja e . Williams, Executive Director ATTEST: City Clerk APPROVED AS TO FORD; John 4. Shaw, City Attorney Page 7 AMENDMENT TO AGREEMENT FOR AFTERSCHOOL RECREATION PROGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. THIS AMENDMENT TO THE AGREEMENT currently in effect for aflerschool recreation programs at the Boys & Girls Club facility within the City of San duan Capistrano is made and entered into this 5th day of December, 2000, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and BOYS &GIRLS CLUB OF CAPiSTRANO VALLEY, INC,, hereinafter called "Contractor." WITNESSETH City and Contractor mutually agree as follows: Section 13 of the Agreement is amended to.include the following conditions: SECTION 13. PAYMENT SCHEDULE. Contractor shall maintain sufficient accounting records, time cards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be$2,837.83 per month, not to exceed$34,054 annually. City shall pay the amount due to Contractor per the City's payment schedule. All other terms and conditions of the original Agreement dated July 1, 2000, through June 30, 2001, between the City and the Contractor remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By Mayor BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. By James L. Williams, Executive' Director ATTEST: City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney AGREEMENT FOR AFTERSCHOOL RECREATION BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. THIS AGREEMENT is made on the 16th day of October, 2001, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC., hereinafter called "Contractor." WITNESSETH WHEREAS,the City requires services forproviding afterschool recreation programs for youth at the Boys & Girls Club El Camino Real site and the Via Positiva site; NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. SCOPE OF WORK. The Contractor shall provide a high quality, comprehensive, no fee afterschool program for boys and girls, ages 6-18, which is to include, but is not limited to, the following: El Camino Real Site • The program is to be held Monday-Friday at the club facility, immediately after school for a minimum of six hours each day; hours of operation to be .modified to minimum day and holiday and school schedules. Provide alternative program activities during inclement weather. Program components to include homework clubs and tutoring, arts & crafts, excursions, holiday events, table games, movies, sports and fitness, computer lab, specialty clubs and community projects. • Advertise the program activities through media releases and the distribution of flyers throughout the schools. Provide a monthly calendar of daily and special activities to participants. • Keep records of daily attendance. • All participants need to have a release of liability/waiver form on file. • Provide and fund transportation to and from local attractions and events. City vehicles can be used upon availability, pending City approval and Contractor's drivers meet City criteria for driving a City vehicle. Attachment 9 Via Posifiva Site The program is to be held Monday-Friday at the Via Positiva site, immediately after school. Each program component will be two hours each day; hours of operation to be modified to minimum day and holiday and school schedules. Leadership in training hours will nary depending on activity. Provide alternative program activities during inclement weather. Program will be geared to participants in grades first through twelve. Advertise the program activities through media releases and the distribution of flyers throughout the schools. Provide a monthly calendar of daily and special activities to participants.. ® Keep records of daily attendance. All participants need to have a release of liability/waiver form on file. ® Program- components to include - a Leadership in Training Program, Afterschool Recreational Sports and Fitness Program and Project Learn. Leadership in Training Program Goal: Develop leadership skills and to prepare youth ages 11-15 with job preparedness skills and career exploration. Services to include: 1. Conduct workshops focusing on oral communications, exploring work values and ethics, active listening, identifying personal skills, conflict resolution, respecting others differences, hygiene and grooming, positive image, how to interview, completing job applications and proper use of the telephone. 2. Operate a junior leader program utilizing the above mentioned skills. 3. Junior leaders to participate in Community Services projects such as beach cleanup, senior citizen visits, City and Boys and Girls Club special functions. -4. Include an incentive program that consists of rewards, such as pizza parties and special outings and awards. 5. Invite local businesses to make business presentations for career choices. Page 2 Recreational Sports and .Fitness Goal: Provide a non-competitive afterschool school sports and fitness program for both elementary and middle school aged youth. Services to include: 1. Conduct sports clinics that focus on skill building for a variety of sports. Sports will include, but not limited to, basketball, volleyball, badminton, rollerhockey, soccer, softball and football. 2. Fitness and exercise programs will be incorporated on a weekly basis. 3. Afterschool Recreation Sports and Fitness Program will be offered Monday—Friday for a two (2) hour duration. 4. Activities will be designed so that everyone plays and participates in a non-competitive atmosphere. 5. Contractor to arrange for guest speakers to make presentations and teach skill development. Project Learn Goal: a supplemental education program designed to assist youth in achieving academic success for youth in grades first through twelve. Services to include: I. Staff and volunteers to assist youth complete daily school assignments in a positive environment. 2. Youth are taught computer skills such as computer orientation, word processing, spreadsheets and introduction to the Internet. 3. Program to include educational enhancement activities such as a summer reading program, sign language training, environmental education activities and a journalism writing club. SECTION 2. EQUIPMENT AND SUPPLIES. Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good operable and safe condition, SECTION 3. ACCIDENT/INCIDENT REPORTS. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City Page 3 within twenty-four(24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. SECTION 4. EVALUATION REPORTS. Contractor shall provide City with monthly reports, which are due to the City ten (10) days priorto the monthly Parks, Recreation and Equestrian Commission meeting. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments.Contractorto provide an end of the year evaluation due by June 28, 2002, to include measurable outcomes of programs. SECTION 6. SITE VISITS. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. INSPECTION OF RECORDS. City may review and inspect Contractor's accounting records related to the Agreement. SECTION 7. FACILITY USE. Neither the City nor the Contractor shall charge any facility cost or fee to the other party for use of the facilities for specified programs under this Agreement. SECTION 8. DESIGNATED REPRESENTATIVES. City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9. STAFF/CHILD RATIO. There shall be an adult-child ratio of 1;20. Compliance with this ratio shall be determined based on actual attendance. SECTION 10, INDEPENDENT CONTRACTOR. Contractor shall be deemed at all tunes as an independent contractor, not an employee of the City. SECTION 11. EMPLOYEES/SUBCONTRACTORS. A listing of employees and/or subcontractors must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. Rage 4 SECTION 12. EMPLOYEE TRAININGIBACKGROUND CHECKSIPHYSICAL. All employees of Contractor will be required to have a background check through references, past employment history, and fingerprinting. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. Contractor will provide the City with clearance documentation within 48 hours of employee start date. City reserves,the,right to reject the services of any employee of Contractor who fails the background check or pre-employment physical. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have first aid and CPR training. SECTION 13. PAYMENT SCHEDULE. Contractor shall maintain sufficient accounting records, time cards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be $7,980.00 per month, not to exceed $71 ,820.00 annually. City shall pay the amount due to Contractor per the City's payment schedule. (October 2001 - June 2002) SECTION 14. RETENTION OF FUNDS. City may withhold payment to Contractor to compensate City for,any loss, cost, liability or damage suffered by City due to default of Contractor in the performance of services required. SECTION 15. REFUNDS. In the event Contractor collects membership or program fees from participants, it shall be the responsibility of Contractor to refund such fees for services not rendered. The City is entitled to collect damages due to default of Contractor in the performance of services required. SECTION 16. TERM OF AGREEMENT. For a period of nine (9) months, beginning October 16, 2001, through June 30, 2002. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. Page 5 SECTION 17. INSURANCE AND IN)EIVINIFICATION. Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; ® A liability endorsement form with reference to the above-listed liability insurance; • Proof of workers' compensation insurance for all employees; Comprehensive automobile liability coverage for owned, hired and non- owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. CONFLICT OF INTEREST. Contractor must certify that to the best of its knowledge, no City employee or office of any public agency interest has any pecuniary interest in Contractor's business and that no person associated with Contractor has any interest that would conflict in any manner with the performance of duties specified as a part of this project. Contractor represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or.degree with the faithful performance of this project. CAMyFilesiAdrnin PolidesOoys and Girls Club agreement 2001 02.wpd Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By Wyatt Dart, Mayor BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC. By John Littlejohn, Executive Director ATTEST: City Clerk APPROVED AS TO FORM: John R. Shaun, City Attorney Page 7 AGREEMENT FOR AFTERSCHOOL RECREATION BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 3`d day of September 2002, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and Boys and Girls Clubs of Capistrano Valley, hereinafter called "Contractor." WITNESSETH WHEREAS,the City requires services for providing afterschool recreation programs for youth at the Boys and Girls Clubs of Capistrano Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. Scope„cif Work. The Contractor shall provide a high quality, comprehensive, no fee after school program for school age children which is to include, but is not limited to the following: ® The Boys and Girls Clubs of Capistrano Valley provides transportation after school and during the summer for children from San Juan Elementary School. The program will be conducted Monday—Thursday immediate[y after school for children ages seven through eighteen. Hours of operations will, be 2:00 p.m. to 8:00 p.m. during the school year with modifications for holiday and minimum day school schedules. Friday hours are 2:00 p.m. to 6:00 p.m. with extended hours for teens until 10:00 p.m.. Hours of operations during the summer will run from 2:00 p.m. to 6:00 p.m. Offerextended hours on Friday evening during the school yearforteens until 10:00 P.M. Advertise the program activities through media releases and distribution of flyers throughout the schools. Provide a monthly calendar of daily and special events to participants. Keep records of daily attendance. • All participants need to have a release of liability/waiver form on file. ® Program components will include Boys and Girls Club of America Five Core Attachment 10 Service Areas: Health & Life Skills, Character & Leadership Development, Education&Career Development,Technology,The Arts,and Sports, Fitness & Recreation. Health & Life Skills ® Develops young people's capacity to engage in positive behaviors that nurture their own well-being, set personal goals and develop the competencies to live successfully as self sufficient adults. Programs falling under Health & Life Skills include, but are not limited to: SMART Moves, SMART Kids, and Crest Club. Character & Leadership Development Empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a positive self image, participating in the democratic process, and respecting their's as well as other's cultures. Programs included, but are not limited to are: Keystone, Leaders in Training, Youth of the Year, and SMART Girls. Education & Career development • Enabling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include, but are not limited to: Ultimate Journey, homework assistance and educational games. Technology Helping youth to embrace technology, optimize employability, research, and higher standards of living. Programs include, but are not limited to: Lego Robotics, computer proficiency classes, Internet Classes, and Print Shop, The Arts ® Developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts, performing arts and creative writing. Programs include, but are not limited to: talent shows, art and photography exhibits, and daily craft projects. Sports, Fitness & Recreation Developing fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to: sports leagues and clinics, intramural leagues, drop in gym games according to age, and life sports. SECTION 2. Equipment and Supplies. Contractor to purchase"and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good, operable and safe condition. SECTION 3. Accident/incident Reports. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four(24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. Page 2 SECTION 4. Evaluation Reports. Contractor shall provide City with monthly reports,which are due to the City ten (10) days prior to the monthly Parks, Recreation and Equestrian Commission meeting. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments. Contractorto provide an end of the year evaluation due by July 1, 2003, to include measurable outcomes of programs. SECTION 5. Site Visits. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. Inspection of Records. City may review and inspect Contractor's accounting records related to the Agreement. SECTION 7. Facility Use. Neither the City nor the Contractor shall charge any facility cost or fee to the other party for use of the facilities for specified programs under this Agreement. SECTION 6. Designated..y_ Representatives. . ., .pr..,__ City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9. Staff/Child Ratio. There shall be an adult-child ratio of 1:20. Compliance with this ratio shall be determined based on actual attendance. SECTION 10. Independent Contractor. Contractor shall be deemed at all times as an independent contractor, not an employee of the City. SECTION 11. Em io ees/Subcontractors. A listing of employees and/or subcontractors must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. Paae 3 SECTION 12. Employee Train in IEack round CheckglPh sisal. All employees of Contractor will be required to have a background check through references, past employment history, and fingerprinting. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. Contractor will provide the City with clearance documentation within 48 hours of employee start date. City reserves the right to reject the services of any employee of Contractor who fails the background check or pre-employment physical. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. SECTION 'iia. Payment Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be $7,182.00 per month, not to exceed $71,820.00 annually. City shall pay the amount due to Contractor per the City's payment schedule. (September 2002 - June 30, 2003) SECTION 14. Retention of Funds. City may withhold payment to Contractor to compensate City for any loss, cost, liability or damage suffered by City due to default of Contractor in the performance of services required. SECTION 15. Refunds. In the event Contractor collects membership or program fees from participants, it shall be the responsibility of Contractor to refund such fees for services not rendered. The City is entitled to collect damages due to default of Contractor in the performance of services required. SECTION 16. Term„of Agreement. For a period of ten (10) months, beginning September 9, 2002, through June 30, 2003. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. Page 4 SECTION 17. Insurance and Indemnification. Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; e A liability endorsement form with reference to the above-listed liability insurance; • Proof of workers' compensation insurance for all employees; ® Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Community Services Director To Contractor: James Littlejohn, Executive Director Boys and Girls Clubs of Capistrano Valley 1 Via Positiva San Juan Capistrano, CA 92675 SECTION 19. Conflict of Interest. Contractor must certify that to the best of its knowledge, no City employee or office of any public agency interest has any pecuniary interest in Contractor's business and that no person associated with Contractor has any interest that would conflict in any manner with the performance of duties specified as a part of this project. Contractor represents that it presently has no-interest and shall not acquire any interest, direct or indirect,which could Page 5 conflict in any manner or degree with the faithful performance of this project. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO Y Diane Bathgate, Mayor BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY By .rrr.�s� q� James Littlejohn, Exe utive Director ATTEST: i� C' y Ierk APPROVED AS TO FORM: John R. S aw, City Attorney Page 6 AGREEMENT FOR AFTERSCHOOL RECREATION BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 16`h day of September 2003, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City,"and Boys and Girls Clubs of Capistrano Valley, hereinafter called "Contractor." WITNESSETH WHEREAS,the City requires services for providing afterschool recreation programs for youth at the Boys and Girls Clubs of Capistrano Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION Sco a ®ff 1/Vork. The Contractor shall provide a high quality, comprehensive, no fee after school program for school age children which is to include, but is not limited to the following: Transportation services will be provided for children residing in the San Juan Elementary School/Capistrano Villas neighborhoods. The Boys and Girls Clubs of Capistrano Valley will be picking children up at the San Juan Capistrano Library and returning them at the corner of La Zanja and Camino Capistrano. • The program will be conducted Monday-Thursday immediately after school for children ages seven through eighteen. Hours of operations will be 2:00 p.m. to 8:00 p.m. during the school year with modifications for holiday and minimum day school schedules. Friday hours are 2:00 p.m. to 6:00 p.m. with extended hours for teens until 10:00 p.m. Hours of operations during the summer will run from 12:50 p.m. to 6:00 p.m. Offer extended hours on Friday evening during the school year for teens until 10:00 P.M. Advertise the program activities through media releases and distribution of flyers throughout the schools. Provide a monthly calendar of daily and special events to participants. • Keep records of daily attendance. ® All participants must have a release of liability/waiver form on file. Attachment 11 • Program components will include Boys and Girls Club of America six core service areas: Health & Life Skills, Character & Leadership.Development, Education&Career Development,Technology,The Arts,and Sports, Fitness & Recreation. ® Health & Life Skills —develops young people's capacity to engage in positive behaviors that nurture their own well-being, set personal goals and develop the competencies to live successfully as self sufficient adults. Programs failing under Health & Life Skills include, but are not limited to: SMART Moves, SMART Kids, and Crest Club. Character&Leadership Development—empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a positive self image, participating in the democratic process, and respecting their's as well as other's cultures. Programs included, but are not limited to are: Keystone, Torch Club, Youth of the Year, and SMART Girls. • Education & Career Development — enabling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include, but are not limited to: Ultimate Journey, homework assistance and educational games. • Technology — helping youth to embrace technology, optimize employability, research, and higher standards of living. Programs include, but are not limited to: Lego Robotics, computer proficiency classes and Internet Classes. • The Arts — developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to: talent shows, art exhibits, and daily craft projects. Sports, Fitness & Recreation -- developing fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to: sports leagues and clinics, intramural leagues, drop in gym games according to.age, and life sports. SECTION 2. Equipment and SMpplies. Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good, operable and safe condition. Page 2 SECTION 3. Accidentlincident Reports. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four(24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. SECTION 4. Evaluation Reports. Contractor shall provide City with monthly reports, which are due to the City on the first day of each.month. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments. Contractor to provide an end of the year evaluation due by July 1, 2004, to include measurable outcomes of programs. SECTION 5. Site Visits. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder the normal operation of program services. , SECTION 6. Inspection of Records. City may review and inspect Contractor's accounting records related to the Agreement: SECTION 7. Facility Use. Neither the City nor the Contractor shall charge any facility cost or fee to the other party for use of the facilities for specified programs under this Agreement. SECTION 8. Desi mated Representatives. City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community; Commission, or City Council meetings as requested by the City. SECTION 9. Staff/Child Ratio. Where shall be an adult-child ratio of 1,35. Compliance with this ratio shall be determined based on actual attendance. SECTION 10, Independent Contractor. Contractor shall be deemed at all times as an independent contractor, not an employee of the City. Page 3 SECTION 11. Em Io ees/Subcontractors. A listing of employees and/or subcontractors must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 12. Employee Trainin /Back round Checks/Physical. All employees of Contractor will be required to have a background check through references, past employment history, and fingerprinting. Employees and volunteers of Contractor will comply with Change County Health Department requirements regarding health testing and immunizations. Contractor will provide the 'City with clearance documentation within 48 hours of employee start date. City reserves the right to reject the services of any employee of Contractor who fails the background check or pre-employment physical. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. SECTION 13. _Payment Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be $7,182.00 per month, not to exceed $71,820.00 annually. City shall pay the amount due to Contractor per the City's payment schedule. (September 2003 - June 30, 2004) SECTION 14. Retention of Funds. City may withhold payment to Contractor to compensate City for any loss, cost, liability or damage suffered by City due to default of Contractor in the performance of services required. SECTION 15. Refunds. In the event Contractor collects membership or program fees from participants, it shall be the responsibility of Contractor to refund such fees for services not rendered. The City is entitled to collect damages due to default of Contractor in the performance of services required. SECTION 16. Terre of A4 reernent. For a period of ten (10) months, beginning September 17, 2003, through June 30, 2004. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. Page 4 SECTIDN 17. Insurance and Indemnification. Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of $1,000,000 per occurrence; • A liability endorsement form with reference to the above-listed liability insurance; • Proof of workers' compensation insurance for all employees; • Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adeianto San Juan Capistrano, CA 92675 Attn: Community Services Director To Contractor: James Littlejohn, Executive Director Boys and Girls Clubs of Capistrano Valley 1 Via Positiva San Juan Capistrano, CA 92675 SECTION 19. Conflict of Interest. Contractor must certify that to the best of its knowledge, no City employee or office of any public agency interest has any pecuniary interest in Contractor's business and that no person associated with Contractor has any interest that would conflict in any manner with the performance of duties specified as a part of this project. Contractor represents that it presently has no interest and shall not acquire any interest, direct or indirect,which could conflict in any manner or degree with the faithful performance of this project. Page 5 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO J ,W'Mav�nr BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY By James Littlejohn, ExecAve Director ATTEST: —Par R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sh tw, City Attorney i J CAMyhkslAgunda Iter City CounciMgreermmts1Bays and Girls Club agreement 2003 04 w addresses,wpd AGREEMENT FOR AFS"EI SCHOO , RECREATEON PROGRAM SE IA E N CtTY OF SAN JUAN CAPiSTRANO AND BOYS & GIRLS CLUES OF CAi T'RANO VALLEY THIS AGREEMENT is made on the 21stday of September 2004, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City,„ and Boys & Girls Clubs of Capistrano Valley, hereinafter called "Contractor," W [ TI ESSETFI WHEREAS, the City requires services for providing aflerschool recreation programs for youth at the Boys & Girls Clubs of Capistrano Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. Scope of Work. The Contractor shall provide a high quality, comprehensive, no fee after school program for school age children which is to include, but is not limited to the following: Transportation services will be provided for children residing in the San,Tuan Elementary School/Capistrano Villas neighborhoods.The Boys&Girls Clubs of Capistrano Valley will be picking children €gyp at the Sar Juan Capistrano Library and returning them at the corner of La.ganja and Camino Capistrano. The program will be conducted Monday-Thursday immediately after school for children ages seven through eighteen. Hours of operations will be 2:00 p.m. to 8:00 p.m. during the school year with modifications for holiday and minimum day school schedules. Friday hours are 2:00 p,m. to 6:00 p.m. with extended hours for teens until 10:00 p.m. Tours of operations during the summer will run from 12:50 p.m. to 6:00 p.m.. Offer extended hours on Friday evening during the school year for teens until 10:00 p.rn. ft Advertise the program activities through media releases and distribution of flyers throughout the schools. q, provide a monthly calendar of daily and special events to participants. Keep records of daily attendance. All participants roust have a release of liability/waiver fora on file. Attachment 12 Program components will include Boys a Girls Club of America sfX core, service areas: Health & Life Sl-ills, Character & Leadership Development, Education &Career Development, Technology, The Arts, and Sports, Fitness & Recreation. Heaith & Life Skills - develops young people's capacity to engage in positive behaviors that nurture their own well-being, set personal goals and develop the competencies to live successfully as self sufficient adults. Programs falling under Health & Life Skills include, but are not limited to: SMART Moves, SMART Kids, and Crest Club. Character&Leadership Development-empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a Positive self image, participating in the democratic process, and respecting their's as well as other's cultures, Programs include, but are not limited to: Keystone, Torch Club, Youth of the Year, and SMART Girls. Education 8, Career Development - enabling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include, but are not limited to, Ultimate Journey, homework assistance and educational games, Technology - helping youth to embrace technology, optimize employability, research, and higher standards of living, Programs include, but are not limited to: Lego Robotics, Computer proficiency classes and Internet Classes. The Arts - developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to., talent shows, art exhibits, and daily craft projects, Sports, Fitness & Recreation - developing fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to! Sports leagues and clinics, intramural leagues, drop in gym games according to age, and life sports. SECTION 2. Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good, operable and safe condition. Page 2 SECTION 3. Accident/hicidenLfRaporLs. Contractor shall report to the City any accident or incident requiring emergency response during the program- Official reports must be completed and submitted to the City within twenty-four(24) hours of the occurrence.. Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. SECT1014, 4. Evaluation Reports. Contractor shall provide City with monthly reports, which are due to the City on the first day of each month. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishrnents. Contractor to provide an end of the year evaluation due by July 30, 2005, to include measurable outcomes of programs. SECTION 5. Site, Visits. The City shall have the right to visit a program site at any time during the term of this Agreement, City shall not hinder the normal operation of program services. SECTION 6. In of Reccrds� City may review and inspect Contractor's. accounting records related to the Agreement. SECTl[OW 7 _LacfflkT Use. Neither the City nor the Contractor shall charge any facility cost or fee to the other party for use of the facilities for specified programs under this Agreement. SECT110N I Desig City and Contractor shall each designate one (1) Person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9. Staff/Child Ratio. There shall be an adult-child ratio of 1:35. Compliance with this ratio shall be determined based on actual attendance. SECTION I Ga Contractor. Contractor shall be deemed at all times as an independent contractor, not an employee of the City. Page 3 CTI l l ._ ip s/S ooritrartors. A listing of employees and/or subcontractors must be submitted to Cigf. City must be notified immediately in writing of any changes of subcontractors or employees_ SECTi i All employees of Contractor will be required to have a background check, through references, past employment history, and fingerprinting. Employees and volunteers of Corntractor will comply with Orange County Health Department requirements regarding health testing and immunizations, Contractor will provide the City with clearance documentation within 30 days of employee start date. City reserves the right to reject the services of any employee of Contractor who fails the background check or pre-empioyment physical. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. SECTION�13. P� rnent Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order'to adequately document costs for the previsions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be $7,182.00 per month, not to exceed $71,820.00 annually. City shall pay the arnount due to Contractor per the City's payment schedule. (September 2004 - ,June 30, 2005) SECTION 14. Retention cif"Funds. City may withheld payment to Contractor to compensate City for any foss, cost, liability or damage suffered by City due to default: of Contractor in the performance of services required. CTIO14 15. Refunds. in the event Contractor collects membership or program fees from participants, it shall be the responsibility of Contractor to refund such fees for services not rende-red. The City is entitled to collect damages duce to default of Contractor in the performance of services required. Wage 4 SECTION I Ga Term of AqKe For a period of ten (10) months, beginning September 22, 200-1, through June 30, 2005. City reserves the right to terminate 211 services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. SECTION 17. Inz;Lurance and MLeninifiq L Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; A liability endorsement form with reference to the above-listed liability insurance; Proof of workers' compensation insurance for all employees; Comprehensive. automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodHy injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18, Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice, These addresses shall be used for delivery of service of process: To city: City Of Sen Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Community Services Director To Contractor, James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley 1 Via Positiva San Juan Capistrano, CA 92675 Page 5 1 C19. i t i t e t� o Cont rector must verify that to the best of its knowl6dge, no City employee or office of any public agency interest has any pecuniary int re t in Contractor's business and that no person associated with Contractor rias cany interest that would conflict in any manner v�%`ith the performance of duttiGs specified as a pert ofthi project.Contractor represents ti at it presently has no intern-st and shall not acquire any interest,direct or indirect,which could conflict in any manner or degree with the faithful performance of this project, IN WITNESS HERE F, the parties have executed this Agreement the day and year first hereinabove written. CITY SAN JUAN CAPIST JkNO Joe Sato, Mayor BOYS. & GIRLS CLUBS CSC CAPISTRAN \11'LL Y By James Littlejohn, ExscuuDirector Margaret R. Monahan, City Clerk APPROVED AS TO FORM: o nR.4oh—avwT, ity;�tf�rney Page C.,Wy Documentsftends 9temstApreoment,\Boys and Circ,Club agreement 2oO4 o5 w addressmdoc AGREEMENT FOR AFT'ERSCHOCL RECREATION - BETWEEN CITY OF SAID JUAN CAPISTRANO AND BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 6�h day of September 2005, by and between the CITY OF SAID JUAN CAPISTRANO, hereinafter called "City," and Boys & Girls Clubs of Capistrano Valley, hereinafter called "Contractor." WITNESSETH WHEREAS, the City requires services 'for providing afterschool recreation programs for youth at the Boys & Girls Clubs of Capistrano.'Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTIONj. Scooe of Work. The Contractor shall provide a high quality, comprehensive, no fee after school program for school age children which is to include, but is not limited to the following: Transportation services will be provided for children residing in the San Juan Elementary School/Capistrano Villas neighborhoods. The Boys & Girls Clubs of Capistrano Valley willbe picking children up at the San Juan Capistrano Library and returning them at the corner of La Zanja and Camino Capistrano. The program will be conducted Monday-Thursday immediately after school for children ages seven through eighteen. Hours of operations will be 2:00 p.m. to 5:00 p.m. during the school year with modifications for holiday and minimum day school schedules. Friday hours are 2:00 p.m.to 6:00 p.m. with extended hours for teens until 10:00 p.m. Hours of operations during fire sumri-ier will run from 12:30 p.m. to 6:00 p.m. V Advertise the program activities through media releases. 6 Provide a monthly calendar of daily and special events to participants. Keep records of daily attendance. All participants must have a release of liability/waiver form on file. 4 Contractor to provide and fund transportation to and from local attractions ATTACHMENT 13 and events. City vehicles can be used upon availability, pending City approval and Contractors drivers meet City criteria for driving a-City vehicle. Program components will include Boys & Girls Club of America six core service areas: Health &Life Skills,Character&Leadership Development, Education & Career Development, Technology, The Arm, and Sports, Fitness & Recreation. Health & Life Skills-develops young people's capacity to engage in positive behaviors that nurture their own well-being,set personal goals and develop the competencies to live successfully as self sufficient adults. Programs falling under Health & Life Skills include, but are not limited to: SMART loves, SMART Kids, and Crest Club. Character & Leadership Development - empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a positive self image, participating in the democratic process, and respecting their's as well as others cultures. Programs included, but are not limited to are: Keystone, Torch Club, Youth of the Year, and SMART Girls. NJ Education & Career Development - enabling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include, but are not limited to. Ultimate Journey, Ultimate Oceans, Sea Tech, homework assistance and educational games. Technology - helping youth to embrace technology, optimize employability, research, and higher standards of living. Programs include but are not limited to: Lego Robotics,computer proficiency classes and Internet Classes. ale Arts - developing creativity and cultural awarericl�b Ui.ough knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to: talent shows, art exhibits, and daily craft projects. Sports, Fitness & Recreation -developing fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited too sports leagues and clinics, intramural leagues, drop in gyne games according to age, and life sports. - Page 2 Participation in City wide events which include San Juan Summer Kites, annual July 4th Celebration and Tree Lighting Ceremony. SECTION 2. EguiRment and SuRR ies. Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good, operable and safe condition. SECTION 3. Accident/incident Retorts. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. SECTION 4. Evaluation R AOrts. Contractor shall provide City with monthly reports, which are due to the City on the first day of each month. Reports should include, but are not limited to, attendance records, monthly calendar of events,special activities and accomplishments. Contractor to provide an end of the year evaluation due by July 30, 2005, to include measurable outcomes of programs. SECTION 5. Site Visits. The City shall have the right to visit a programa site at anytime during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. InsRection of Records. City may review and inspect Contractor's accounting records related to the Agreement. ;�ECTIQN 7. Facility Use. City programs have priority use of City facilities. Programs hosted by Contractor in City facilities may be canceled on occasion in the event of conflict with City program. City will make every effort to provide Contractor with sufficient notice of such cancellation. In case of emergency, advance notice may not be possible. As part of this agreement the Contractor will receive use of the gymnasium at no charge during a two (2) hour period each week day to provide a youth sports programs that is open to all Sara Juan Capistrano youth. This program is funded by City and provided by.Contractor. Page 3 SECTIONS. Designated Ret3resentatives. City and Contractor shall each designate one(1)person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9. Staff/Child Ratio. There shall be an adult-child ratio of 1:35. Compliance with this ratio shall be determined based on actual attendance. SECTION 10. Independent Contractor. Contractor shall be deemed at all times as an independent contractor, not an employee of the City. SECTION 11. Em to ees/Subcontractors. A listing of employees and/or subcontractors must be submitted to City.City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 12. Employee TrainingjBackqround Checks/Physical. All employees of Contractor will be required to have a background check through references, past employment history, and fingerprinting. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. SECTIO. 13. Payment Schedule. Contractor shall maintain sufficient accr:E-ting records, timecards, and ether documentation as deemed necessary in order to addquately document costs for the provisions of services under this Agreement.Contractor shall invoice City on a monthly basis for services rendered, which would be $9,152.00 per month, not to exceed $9,182.00 annually. City shall pay the amount due to Contractor perthe City's payment scheduled (September 2005 - ,lune 30, 2006) SECTION 14. Retention of Funds. City may withhold payment to Contractor to compensate City for any loss, cost,_ liability or damage suffered by City due to default of Contractor in the performance of services required. Wage 4 SECTION 5. Refunds. In the event Contractor collects membership or program fees from participants,it shall be the responsibility of Contractor to refund such fees for services not rendered. The City is entitled to collect damages due to default of Contractor in the performance of services required. SECTION 16. Tenn of A reennente For a period of ten (10)months, beginning September 2005,through June 2006. City reserves the rihtto terminate all services of Contractor at any time upon sixty(60) days written notice, or immediately upon breach of the Agreement. SECTION 17. Insurance and Indemnification. Contractor shall submit to the City: f A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; a A liability endorsement form with reference to the above-listed liability insurance, Proof of workers" compensation insurance for all employees; 0 Comprehensive. automobile liability coverage for owned,. hired and non-owned vehicles in the amount of $1,000,000 package coverage including.bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related Gusts and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Community Services Director Page 5 To Contractor: Jaynes Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley 1 Via Positiva San Juan Capistrano, CA 92675 SECTION 19e Conflict of Interests Contractor must certify that to the best of its knowledge, no City employee or office of any public agency interest has any pecuniary interest in Contractor's business and that no person associated with Contractor has any interest that would conflict in any manner with the performance of duties specified as a part of this project. Contractor represents that it presently has no interest and ,shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this project. IN WITNESS WHEREOF,the pees have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By Wyatt Hart, Mayor BOYS AND GIRLS CLUB OF CAPISTRANO VALLEY Sy James Littlejohn, Executi Director ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. a ity Attorney C'"Y "Mbr-ily Cwndl V4eW'05 aly C*LKXWV4nWF4ntSaWS RM Geis Club WMawle Z=06 w eddresae$_dae AGREEMENT FOR AFTERSCHOOL RECREATION PROGRAMS BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 5�h day of September 2006, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and Boys & Girls Clubs of Capistrano Valley, hereinafter called "Contractor." WITNESSETH WHEREAS, the City requires services for providing afterschool recreation programs fo..r youth at the Boys& Girls Clubs of Capistrano Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION I. Scope of 1Nork. The Contractor shall provide a high quality, comprehensive, after school recreational program for school age children which is to include, but is not limited to the following: Transportation services will be provided for children resisting in the San Juan Elementary School/Capistrano Villas neighborhoods. The Boys & Girls Clubs of Capistrano.Valley will be picking children up at the San Juan Capistrano Library and returning them at the corner of La Zanja and Camino Capistrano. « The Contractor's programs will be conducted Monday - Thursday immediately after school for children ages seven through eighteen. Hours of operations for the afterschool recreation program shall be 2:00 p.m. to 8:00 p.m. during the school year, with modifications for holiday and minimum day school schedules. Friday hours shall be 2:00 p.m. to 8:00 p.m., with extended hours for teens until 10:00 p.m. Hours of operations during the summer shall run from 2:00 p.m. to 0:00 p.m. « Advertise the program activities through media releases, flyers, etc. « Provide a monthly calendar of daily and special events to participants. « Keep records of daily attendance. ATTACHMENT 14 Page 1 • All participants must have a release of liability/waiver form on file. Program components will include Boys & Girls Club of America six core service areas: Health&Life Skills, Character&Leadership Development, Education & Career Development, Technology, The Arts, and Sports, Fitness & Recreation. ® Health & Life Skills develops young people's capacity to engage in positive behaviors that nurture their own well-being, set personal goals and develop the competencies to live successfully as self sufficient adults. Programs falling under Health & Life Skills include, but are not limited to: SMART Moves, SMART Kids, and Crest Club. • Character&Leadership Development-empowering youth to support and influence their Chula and Community, sustaining meaningful relationships with others, developing a positive self image, participating in the democratic process, and respecting their's as well as other's cultures. Programs included, but are not limited to are: Keystone, Torch Club, Youth of the Year, and SMART Girls. • Education &Career Development-enabling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include, but are not limited to: Ultimate Journey, Ultimate Oceans, Sea Tech, homework assistance and educational games. • Technology - helping youth to embrace technology, optimize employability, research, and higher standards of living. Programs include, but are not limited to: Lego Robotics, computer proficiency classes and Internet Classes. • The Arts - developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to. talent shows, art exhibits, and daily craft projects. • Sports, Fitness & Recreation -developing fitness, positive use of leisure , time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to: sports leagues and clinics, intramural leagues, drop-in sports games according to age, and.life sports. Participation in City wide events which include San Juan Summer Nites, annual July 4th Celebration and Tree Lighting Ceremony. Page 2 SECTION 2. E ui meat and Supplies. Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good, operable and safe condition. SECTION 3. Acclidentllnciident Re orfs. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. SECTION 4. Evaluation Re oris. Contractor shall provide City with monthly reports, which are due to the City on the third working day of each month, including June 2007. Reports should include, but are not limited to, attendance records, monthly calendar of events,special activities and accomplishments. Additionally, Contractor to provide an end-of-the-year evaluation due by July 30, 2007, to include measurable outcomes of programs. SECTION 6. Site Visits. The City shall have the right to visit a program site at any during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. Inspecti®n_of Records. City may review and inspect Contractor's accounting records related to the Agreement. SECTION 7". Faclli IJse. City programs have priority use of City facilities. Programs hosted by Contractor in City facilities may be canceled on occasion in the event of conflict with City program. City will make every effort to provide Contractor with sufficient notice of such cancellation. In case of emergency, advance notice may not be possible. As part of this agreement the,Contractor will receive use of the gymnasium at no charge during a two (2) hour period each week day to provide a youth sports program that is open to all San Juan Capistrano youth. This program: is funded by City and provided by Contractor. Contractor shall have use of the City gymnasium during the week from 2:00 -- 6:00 pm. The exceptions to this shall be (a) when the City notifies the contractor of a Page 3 City program that will make use of the gymnasium during these hours, and (b)two days per week from 3:15 -- 5:00 pm for the Club at the Hub afterschool recreation program that the City offers in conjunction with Marco Forster Middle School. The City shall determine which two days of the week this program shall be offered. In accordance with.Administrative Policy No. 613,the only approved uses of the City's gymnasium shall include basketball, volleyball, and badminton. Any other proposed uses must receive prior written approval from the Community Services Department. City will not charge Contractor for use of City buildings managed by the . Community Services Department (other than the gymnasium) used during regular business hours. Use of City buildings before/after hours will be subject to charges for City staff supervision of the site. All staff expenses for set-uptake-down will be the responsibility of the Contractor, whether the activity is conducted during or after/before business hours. Sd Representatives. City and Contractor shall each designate one(1) person to be responsible for the terms and conditions of this Agreement.The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION g. Staff/child Ratio. There shall be an adult-child ratio of 1:35. Compliance with this ratio shall be determined based on actual attendance. SECTION 10 Independent Contractor. Contractor shall be deemed at all times as an independent contractor, not an employee of the City. SECTION 11 Employees/Subcontractors. A listing of employees and/or subcontractors must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 12. Employee Training/Background Checks/Phys! -%I, All employees of Contractor will be required to have a background check that includes references, past employment history, and fingerprinting. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. Page 4 Contractor is to provide ongoing training regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. AED training is highly encouraged. SECTION 13. Pa meat Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, which would be $9,182 per month, not to exceed $91,820.00 annually.City shall pay the amount due to Contractor per the City's payment schedule_ (September 2006— June 30, 2907) SECTION 14. Retention of Funds. City may withhold payment to Contractor to compensate City for any loss, cost, liability, or damage suffered by City due to default of Contractor in the performance of services required. SECTION 15. Refunds. In the event Contractor collects membership or program fees from participants, it shall be the responsibility of Contractor to refund such fees for services not rendered. The City is entitled to collect damages due to default of Contractor in the performance of services required. SECTION 16. Terra of A reement Agreement shall be in effect for a period of ten(10)months, including September 2006 through June 2007. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. SECTION 17. Insurance and Indemnification. Contractor shall submit to the City: r A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; 9 A liability endorsement form with reference to the above-listed liability insurance; 0 Proof of workers, compensation insurance for all employees; . Page 5 ® Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 19. Notice, All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: Karen Crocker,Community Services Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Contractor: James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley 1 Via Positiva San Juan Capistrano, CA 92675 SECTION 19. Conflict of Interest. Contractor must certify that to the best of its knowledge, no City employee or office of any public agency interest has any pecuniary interest in Contractor's business and that no person associated with Contractor has any interest that would conflict in any manner with the performance of duties specified as a part of this project. Contractor represents that it presently has no interest and shall not acquire any interest, direct or indirect, which could conflict in any manner or degree with the faithful performance of this project. Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By David M. Swerdlin, Mayer BOYS AND GIRLS CLUB OF CAPISTRANO VALLEY By James Littlejohn; Executi a Director ATTEST: a Margaret R. Monahan, City Clerk APPROVED S. TO ORM: John R. Shaw, City Attorney Page 7 AGREEMENT FOR AFTERSCHOOL RECREATION BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 1st day of July 2007, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City,"and Boys&Girls Clubs of Capistrano Valley, hereinafter called "Contractor." WITNESSETH WHEREAS, the City requires services for providing afterschool recreation programs for youth at the Boys & Girls Clubs of Capistrano Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1, Scope of Work. The Contractor shall provide a high quality, comprehensive, no fee afterschool program for school age children that is to include, but is not limited to the following: a Transportation services will be provided for children residing in the San Juan Elementary School/Capistrano Villas neighborhoods. The Bays & Girls Clubs of Capistrano Valley will be picking children up .at the San Juan Capistrano Library and returning them.at the corner of La Zanja and Camino Capistrano. The program will be conducted Monday-Thursday immediately after school for children ages seven through nineteen. Hours of operations will be 2:00 p.m. to 6:00 p.m. during the school year with modifications for holiday and minimum day school schedules. Friday fours are 2:00 p.m. to 6:00 p.m., with extended hours for teens until 10:00 p.m. Hours of operations during the summer will run from 12:30 p.m. to 6:00 p.m. a Advertise the program activities through media releases. ® Provide a monthly calendar of daily and special events to participants. a Keep records of daily attendance. a All participants must have a release of liability/waiver form on file. ® Contractor to provide and fund transportation to and from local attractions Page 1 ATTACHMENT 15 and events. City vehicles can be used upon availability, pending City approval and Contractor's drivers meet City criteria for driving a City vehicle. Program components will include Boys & Girls Club of America six core service areas: Health & Life Skills, Character&Leadership Development, Education & Career Development, Technology, The Arts, and Sports, Fitness & Recreation. � Health & Life Skills develops young people's capacity to engage in positive behaviors that nurture their own well--being,set personal goals and develop the competencies to live successfully as self sufficient adults. Programs failing under Health & Life Skills include, but are not limited to: SMART Moves, SMART Kids, and Crest Club. Character & Leadership Development empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a positive self image, participating in the democratic process, and respecting their and other cultures. Programs included, but are not limited to: Keystone, Torch Club, Youth of the Year, and SMART Girls. Y Education & Career Development enabling youth to become proficient in basic education disciplines and applying learning to everyday situations, Programs include, but are not limited to: Ultimate Journey, Ultimate Oceans, Sea Tech, homework assistance and educational games. ➢ Technology helping youth to embrace technology, optimize employability, research, and higher standards of living. Programs include, but are not limited to: Lego Robotics, computer proficiency classes and Internet Classes. The Arts developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to: talent shows, art exhibits, and daily craft projects. Sports, Fitness_ & Recreation developing fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to: sports leagues and clinics, intramural leagues,gym games according to age, and life sports during the afterschool program. Participation in City wide events which include San Juan Summer Nites, annual'July 4th Celebration and Tree Lighting Ceremony. Page 2 SECTION 2. Equipment and Supplies, Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good, operable and safe condition. SECTION 3. Accidentlincident Re ort& Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the following Monday if occurrence is Friday night through Sunday. SECTION 4. Evaluation Reports. Contractor shall provide City with monthly reports, which are due to the City on the fifth working day of each month, including June 2008, Reports should include, but are not limited to, attendance records, monthly calendar of events,special activities and accomplishments. Contractor will provide an end of the year evaluation due by June 30, 2008, to include measurable outcomes of programs. SECTION 5. Site Visits, The City shall have the right to visit a program site at any time during the term of this Agreement, City shall not hinder the normal operation of program services. SECTION 6. 'Inspection of Records. City may review and inspect Contractor's accounting records related to the Agreement. SECTION 7. Facility Use. City programs have priority use of City facilities. Programs hosted by Contractor in City facilities may be canceled on occasion in the event of conflict with City program. City will make every effort to provide Contractor with sufficient notice of such cancellation. In case of emergency, advance notice may not be possible. As part of this agreement the Contractor will receive use of the gymnasium during a four (4) hour period each weep day to provide a youth sports program for a non-fee based Boys&Girls Clubs of Capistrano Valley program.This program is funded by City and provided by Contractor. Page 3 Contractor shall have use of the City gymnasium during the week from 2:00 -- 6:00 pm. The exceptions to this shall be (a) when the City notifies the contractor of a City program that will make use of the gymnasium during these hours, and (b)two days per week from 3:15 — 5:00 pm for the Club at the Hub afterschool recreation program that the City offers in conjunction with Marco Forster Middle School. The City shall determine which two days of the week this program shall be offered. In accordance with administrative Policy No. 613, the only approved uses of the City's gymnasium shall include basketball,volleyball, indoor soccer, and badminton.Any other proposed uses must receive prior written,approval from the Community Services Department. SECTION 9. Des ig nated Re resentatives. City and Contractor shall each designate one(1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. . SECTION 9, StafflChild Ratio. There shall be an adult-child ratio of 1:35. Compliance with this ratio shall be determined based on actual attendance. SECTION 10. Independent Contractor, Contractor shall be deemed at all times as an independent contractor, not an employee of the City. SECTION 11, Employees/Subcontractors. A listing of employees and/or subcontractors must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 12. Em In ee Trainin /Back round Checks/Ph sical. All employees of Contractor will be required to have a background check through references, past employment history, and fingerprinting. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. Page 4 SECTION 13. Pa ment Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, not to exceed $91,820 annually. City shall pay the amount due to Contractor per the City's payment schedule. (July 1, 2407 - June 30, 2008) SECTION 14. Retention of Funds. City may withhold payment to Contractor to compensate City for any loss, cast, liability or damage suffered by City due to default of Contractor in the performance of services required. SECTION 15. Term of Agreement. This agreement shall be in effect for a period of twelve (12) months, beginning July 1, 2007, through June 2008. City reserves the right to terminate all services of Contractor at anytime upon sixty(60) clays written notice, or immediately upon breach of the Agreement. SECTION 16. Insurance and Indemnification. Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,040 per occurrence; A liability endorsement form with reference to the above-listed liability insurance; Proof of workers' compensation insurance for all employees; Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,004,044 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss (including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement, Page 5 SECTION 17. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 02575 Attn: Community Services Director To Contractor: Jaynes Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley I Via Positiva San.Juan Capistrano, CA 92675 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By Sam Allevato, Mayor 4 BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY gy James Littlejohn, Executive irector ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney GYMNASIUM FEE SCHMULF Effeitive July©7108 Cate Priority Classification 1/2 Gym Full G-ym Compliance De osit I City sponsored or co-sponsored -N/C, -NIC- None Cate °Or y l events,leagues and programs. Required. City Approved lease or agreement San Juan 2 such as the Negotiable Negotiable E Negotiable Capistrano Boys&Girls Club Residents Programs conducted by Nationally & recognized not for profit youth Non-Profit 3 sport groups with open enrollment, $27.00 $54.00 $200.00 Organizations which are established.in San Juan per hour per hour Capistrano Programs conducted by nationally recognized not for profit adult and $27.00 $54.00 4 senior citizens sports,groups with $200.00 open enrollment,which are per hour per hoax established.in San uan Capistrano Not for profit community, 5 recreational,educational,public $27.40 $54.00 services groups which are per hourHj�$76,00 $200 00 established in San uan Capistrano Club or invitational teams only,run 6 by nationally recognized youth $38.00sport groups,which are established. per hour $20(?.()() in San juan Ca istrano Cate Qr Businesses and private school --- -— 7 located in San Juan Capistrano $38.00 $7600 usaxa the nasium for profit per hour per hour $200.00 San Juan Capistrano Businesses and private sports 38 00 Businesses 8 camps that are located.in San Juan $76.00 $300.00 p g gyre for profit per hr. ** per. hr k* & Capistrano using the Nora.-San Juan Not for profit Community, Capistrano Non- 9 Educational or Public Service $65.00 $130.00 Profits groups which are not established in perhour per hour $300.00 San uan Capistrano Cage ori �I Business and private sports camps Non-San uan that are not located in San Juan J IO ,� $65.00 $130.00 $300.00 Capistrano Capistrano using the gymnasium per hr, per hr. ** Residents& for profit use Businesses * Damages are incorporated in agreement ATTACHMENT 2 . Uses for profit will be assessed an additional administrative charge of 50% Effective July 07108 AGREEMENT FOR AI=TERSCHOOL RECREATION BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS &GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 19"' day of August 2008, by and between the E CITY.OF SAN JUAN CAPISTRANO, hereinafter called "City," and Boys & Girls Clubs of Capistrano Valley, hereinafter called "Contractor." i WITNESSETH WHEREAS,the City requires services for providing afterschool programs for youth at the Boys & Girls Clubs of Capistrano Valley, jNOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. Scor a of Work. i The'Contractor shall provide a high quality, comprehensive, no fee afterschool program for school age children that is to include, but is not limited to the following: ® Transportation services will be provided for children residing in the San Juan Elementary School/Capistrano Villas neighborhoods. The Boys&Girls Clubs of Capistrano Valley will be picking children up at the San Juan Capistrano 4 Library and returning them at the corner of La Zan}a and Camino Capistrano. R The program will be conducted Monday-Thursday immediately after school for children ages seven through nineteen. Hours of operations will be 2:00 p.m. to 6:04 p.m. during the school year with modifications for holiday and minimum day school schedules.Friday hours are 2:00 p.m.to 6:00 p.m.; with extended hours for teens until 10;06 p.m. Hours of operations during the summer will run from 12:80 p.m. to 6:00 p.m. Advertise the program activities through media releases.. Provide a monthly calendar of daily and special events to participants. Keep records of daily attendance. All parfiicipants must have a release of liability/waiver form on file. Contractor to provide and fund transportation to and from local attractions and events. Page 1 ATTACHMENT 16 i Program components will include Boys & Girls Club of America six core service areas: Health & Life Skills, Character & Leadership Development, Education&Career Development,Technology,The Arts,and Sports, Fitness , & Recreation. ➢ Health & Life Skills develops young people's capacity to engage in positive behaviors that nurture their own wellbeing, set personal goals and develop the competencies to live successfully as self sufficient adults. Programs falling under Health & Life Skills include, but are not liimited to: SMART Moves, SMART Kids, and Crest Club. B Character& Leradershi Development empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a positive self image, participating in the democratic process, and respecting their and rather cultures. Programs included, but are not limited to: Keystone,Torch Club,Youth of the Year, and SMART Girls. i ➢ Education&Career Development enabling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include, but are not limited to: Ultimate Journey, Ultimate {.oceans, Sea Tech, Homework assistance and educational dames.. i Technolog helping youth to embrace technology,optimize employability, research, and higher standards of living. Programs include, but are not limited to: Lego Robotics, computer proficiency classes and Internet Glasses. , 3 > The Arts developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to: talent shows, art exhibits, and daily craft projects. Sorts Fitness & Recreation developing fitness, positive use of leisure time, skills for stress management,appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to-- sports o:sports leagues and clinics, intramural leagues, gym games according to age, and life sports during the afterschool program. " ➢ Participation in City wide events which include San Juan Summer Nites, annual July 4th Celebration and Tree'Lighting Ceremony. SECTIO 1. E ui ment and Su lies. Contractor to purchase and supply all equipment and supplies needed to conduct afterschool programs. All equipment and supplies must be in good, operable and safe condition. Page SECTION 3. .Accidentfincident Rlporfs. Contractor shall report to the City any accident or incident requiring emergency response during the program. Official reports must be completed and submitted to the City within twenty-four(24) hours of the occurrence, Monday through Friday,and the following Monday if occurrence is Friday night through Sunday. SECTION 4. Evaluation Ike orfs. Contractor shall provide City with monthly reports, which are due to the City on the fifth working day of each month. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments. Contractor Mtl provide an end of the year evaluation due by July 1, 2009, to include measurable outcomes of programs. SECTION 5. Site Visits. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. Inspection of Records. City may review and inspect Contractor's accounting records related to the Agreement. SECTION T. Facility Use. City programs have priority use of City facilities. Programs hosted by Contractor in City facilities may be canceled on occasion in.the event of conflict with City program. City will make every effort to provide: Contractor with sufficient notice of such cancellation. In case cif emergency, advance notice may not be possible. As part of this agreement,the Contractor will receive use of the gymnasium during a four(4) hour period each weekday to provide a youth sports program for a non-fee based Boys & Girls Clubs of Capistrano Valley program. Contractor shall have use of the City gymnasium during the week from 2:00—6:00 pm. The exceptions to this shall be (a) when the City notifies the contractor of a City program that will make use of the gymnasium during these hours, and (b) two days per week from 3:15—5:00 pm for the Club at the Hub afterschool recreation program that the City offers in conjunction with Marco Forster Middle School.The City shall determine which two days of the week this program shall be offered. In accordance with Administrative Policy No. 613, the only approved uses of the City's gymnasium shall include basketball, volleyball, indoor soccer,and badminton. Any other proposed uses must receive prior written approval from the Community Services Department. Page 3 SECTION 8. Designated Re resentatives. City and Contractor shall each designate one (1) person to be responsible for the terms and'conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9. Staf/Child,Ratio There shalt be an adult-child ratio of 1:35. Compliance with this ratio shall be determined based on actual attendance. SECTION 10. Independent Contractor. Contractor shall be deemed' at all times as an independent contractor, not an employee of the City. i SECTIION 1'1. Eint to ees/Subcontractors. A listing of employees and/or subcontractors must be submitted to City,City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 12. Em to ee Train in /Back round Checks/Physical. Ali employees of Contractor will be required to have a background check through references, past employment history, and fingerprinting. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. SECTION 13, Payment Schedule. Contractor shall maintain sufficient accounting records; timecards, and other, .documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, not to exceed$91,820 annually. City shall pay the amount due to Contractor per the City's payment schedule. (September 1, 2008 - June 30, 2009) SECTION 14. Retention of Funds. City may withhold payment to Contractor to compensate City for any loss, cost, liability or damage suffered by City clue to default of Contractor in the performance of services required. Page 4 { 1 SECTION 15. Term of Agreement. This agreement shall be in effect for a period of ten (10) months, beginning September 1, 2008,through June 2009. City reserves the right to terminate all services of Contractor at any time upon sixty(60)days written notice, or immediately upon breach of the Agreement. SECTION 16. Insurance and Indemnification. Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; i A liability endorsement fora with reference to the above-listed liability insurance; i Proof of workers' compensation insurance for all employees; Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall Indemnify, defend, and bold harmless the City and its officers and employees against all liabilities or claims of liability or loss(including reasonable attorney's fees,.related costs and expenses) because of death,personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 17. Notice. All notices shall be personally delivered or mailed to the below listed addresses,or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn. Community Services Director To Contractor: James Littlejohn, Executive Director Boys& Girls Clubs of Capistrano.Valley 1 Via Positiva Sari Juan Capistrano, CA 92675 Page 5 i i { IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By Joe Soto, Mayor BDYS & GIRLS CLUBS OF CAPISTR.AN© VALLEY E t By James Littlejohn, Executive Director ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM. Omar Sandoval, City Attorney i . Page GYMNASIUM FEE SaiEDULEEffective July 08100 Compliance Ca���or I Prioritv Classification X12 GM full GyrnDeposit 1 City sponsored or co-sponsored -NIC- None events,leagues and.programs, Required. Cateaar� City Approved lease or agreement Sari Juan 2 : such as the Negotiable Negotiable Negotiable� Capistrano Boys&Girls.Club Residents Programs conducted by Nationally reco " edof£ n crrp rofit youth Non-Profit 3 sport groups with open enrollment, $28'00 $56.00 $207,00 Organizations which are established in San Juan per hour per hour Capistrano Programs bonducted-by nationally' recognized aot for profit adult and 4 senior citizens sports groups with $28 00 $56.00 $207.04 open enrollment,which, are per hour per hour established in San -panCa istrano Not.for profit community, 5 recreational,educational,public '$28.00 $56.00 $207.04 services groups which are per hour per hour established in San Luau Ca•istrano Club or..invitational teams only,run by nationally recognized youth $40.00 $79.00 6 sport groups,:which are established per hour per hour $207.00 in.San uan.Ca istrano E Category Businesses and private school. $40.00 $79.00 7 located in San Juar Capistrano $207.00 usingtlae asium for Profit . per hour per hour . San Juan Capistrano Businesses and private sports $78.00 $15&0.0 8 camps that are located m San Juan 207.00 . Businesses p per hr. per hr $ & Capistrano using the gym for profit Non Sar►Juan Not for profit Co .mun:ity, Capistrano Non- Educational or Public Service $68.00 $135;00 Profits groups which are not established in per hour per hour j $311.00 San an Capistrano 13usiness and private sports camps• Non-San Juan 14 that are not located.in San Juan $88.00 $187.04 $311.44 Capistrano Capistrano using the gymnasium per hr. per hr. Residents& for profit use Businesses AttaChMent 2 Damages are incorporated in agreement Uses for profit will be assessed an.additional administrative charge of 50% Effective Boys & Girls Clubs of Capistrano Valley Annual Report 2007 — 2008 F The Club saw a forty percent increase in new members for a total of 1564 remembers for the year. Members are between the ages of 7 1.8; of those 1564 members,450 were teen members, an increase of fourteen percent. Fifty- cine percent of total membership is reale; forty-nine percent is female. Fifty-five percent per'+cent of the membership.18 Hispanic; thirtnlne percent is Caucasian. Through community outreach such 9s attending San Juan Summer Nights, Mission Viejo Via Ike Arts, Marco For education Fair, Cox Connect Day, etc., our total number of youths served was 3276. 175 was the average attendance after school'and summer attendance for 2007 was:63. Eighty.-three percent of aur remembers have attended the Club for two years or longer.. Twenty percent of our members are from single family Domes.Seventy percent of our members receive free lunch at school and an average of 13.0 members partake in the free, afternoon snack program provide by Second Harvest. 1 Over 250 members attended our annual Holiday Gift Give:Ain ay. By participating in Power Hour {homeworlt time), members earned points to gem shopping for themselves and family. 200 members and ther farr�il es attended our Carnival which is held to highlight National Boys &Girls Club week. The Art Department had an average of 10 members taking clarse's in painting, drawi ng' , quilting and photography. One member worm in the National. Bays & Girls Club of America Fine Arts Exhibit competition for her painting, Another member won a regional award for his photograph. A new program added in the art department was free guitar lessons, sponsored y a group celled Music Mentors. The program started with one class of 8 students and has grown to three classes with a total of 35 members. Members.have the chance toearn their own free guitars: Last sumer the Club (with the collaboration of South County School of the Arts) had an eight-week drama program where 58 members participated in dancing, singing, acting and theatre production; 1 Golf lessons were added to the Athletic Department last summer�sponsvred by Southern California,Golf'Association. The members take lessons for eight weeks at Saddleback College. for free. These lessons run three times a year and so far 40 members have completed the class. 185 members participated in the sports leagues of basket all aril sager: This spring the Club had two teams participate in the baseball/softball RBI program. There was one girl's s team which wore the Orange County Championship and.one boy`s.team: An average of 18 e ATTACHMENT 3 r 3 teen members participates in the school year program Ultimate"Challenge, a weekly program of athletic challenges. The Educational Department added two new national BGCA programs, Date Smart and Passport to Manhood. Each of these social skill-based programs deals with teaching youths to make positive choices, Date Smart is for teems and graduated 6 members. Besides discussing .I dating issues, the members also visited Laura's Meuse to discuss domestic violence. quest (passport to Manhood) had an average.of 8 members, attend. These pre-teen young men attended a weekly class where they discussed their concerns about growing up or Merit on field trips to have a positive experience. Smart Girls, one of the most popularprograms at the Club, had an"attendance of 20 girls weekly to discuss their feelings or participate ib an"activity that educates current female treads. These young ladies put on tea/social for Mother's Day, h.ad guest speakers for make-up., fashion and exercise.. i Four departments (Art, Education, Technology and Teen Departments)are.involved with the Sea Tech program.. This program is.sponsored by a grant from the Natmnai Science Fovnd.ation, In collaboration with the Ocean Institute and Scripps Institution of Oceanographymiddle school students can participate in a nine-month p.rogram.to learn about how technology is used to study the ocean. This program involves classroom work, hands-on experiences, field trips and data collection that is used by scientist to study whale sounds. There are now three levels/years of Sea Tech:. There is a program called Ultimate Oceans, a i feeder program for Sea Tech that is-for members ages 7-- 12. 35 members graduated from Ultimate Oceans this year. These young members learn about ocean life and habitat: ! The,first year members of sea Tech; who started in 2005, have six continuing members, five of whom are:working paid internships 8t.0cean Institute this summer. This group alsa focuses on encouraging the students to continue their educations. Saddleback College has offered scholarships to those members When they graduate from high school. Years 1 and 2 had a,total "combined class of 30 students, 17 of these students will be attending a rine-week academy at the ocean Institute this summer, 'Eleven of those members are also visiting Cal State Fullerton College for an overnight stay to learn first- hand about college life. Year 2 members have the opportunity to study and collect whale sound data and earn a stipend for their work. r In the Technology department, about 50 members a month go.on Net Smart, a national BGCA website to teach internet safety. All members must take.the class before they can use tete Club's cam. paters; A couple of middle school members participated in the BCCA program ! Digital Art 5uites., Movie Makin program. The Club has 20 working computers for the 8 Making g 8 "cp members to use and every computer is used when available to the mete gibers. Navid Rastin, a current teen member and employee of the Club, had a banner year as he ween the Club's Youth of the Year in February and Was also named Orange County Youth of'the Year. N He did participate in the state Youth of the Year x r competitjon and was one of sib fi.nalists, He also is a member of the Keystone leadership group at the Club. Keystone members were awarded the gold charter this year. Five Keystone members attended.both the regional'and national conferences that were held in California in the fall.of 2007 and spring of this year, keystone members have raisers over$3,00.0 dollars,to fund their Club and trips. Keystone members conducted a unity day at the Club for all memb rs and volunteer at va HoUs�events at the Club and in the tbrrmunity, such as Relay for Life, SJ surnmer Nightsand the Club carhiVal. The teen deparLment conducted a teen for'urn to discuss current topic, such as gang violence and obesity. 1hirty-five mernbets from,other Boys & Girls Clubs attended. Along with the CHP the teen's also attended and put on their own safety drive class for the public, They held two 0 dances for middle school Idds. The average attendance in the teen room is 22 in the afternoon and 15 for teen nights. The members'can participate in cooking classes;Toastmasters,Job Ready, Career Launch and Money Matters, etc. .......... ........................... The Bays and Giros Clubs of Ca46trano Valley After School Programs Budgeted Expense For The Fiscal Year End June 30,2009 ' Total Program Program Costs l"undraisi, Git Grant Character&Leadership Development Salaries 65,826 56,062 9,754 I Benefits 24,767 17,704 3,083 Program supplies 2,935 2,500, 435 Program.Events-Expense 10,639 9,061 1,578 " Printing and Postage 1,800 1,553 267 1 Total,costs 101,987 86,859 95127 3 Health&Life Skills Salaries, 65,826 56,862 Bene9,764 Benefits 20,787 9 17,744 ,76 Program Supplies 1,600 852 148 Program Events Expense 6500 5,636 gq Total Coats 94113 80,153 13,959 I . Education&Greer Development Salaries 56,964 48,515 Benefits 8;449 17,969 15,321 2,686 Program supplies 1,400 1,192 208. j Program EVents,Expense 3,800 2,811 489 Total:Costs 79,853 67,839 14,815 i Technology Salaries 48,103 40,968 7,135 Benefits 15,181 12,937 2,253 Program Supplies $00 . 42674 Program Events Expense 7170 596 1474 Printing and Postage 2,ODO 1,7413 297 Total Costs 66,494 &5 631 9,883 The Arts Salaries 46,837 39,890 5,947 Benefits 14,791 12,597 21194 Program Supplies . 2,290 1874 326 540 Program Events , Expense 424 Total Costs 74 6.4,328 .54,787 ' 9,541 Sports,.Fitness&Recreation Sa{arles 72,068 61,379 10,089 Benefits 61,379 19,383 3,376 Program Supplies 900 767 33 ;1 Gym Rental 90,360 8,815 1 .135 Prograni Events Expense 3,925 3,343 582 Printing and Postage 400. 341 59 T-Shirts Taal Costs 110,401 94 02fi 16,375 ATTACHMENT 4 i The Boys and Girls Clubs of Capistrano Valley ,sifter School Programs Budgeted Expense' j For The Fiscal Year End June 30,2009 Total Prorare Program Costs Fundrais nk jl Administration Salaries { Benefits 28,543 24,309 4,234 9,014 7,677 Admin Supplies 1,337 880 749 Advertising&Marketing 7,100 131 Occupancy 6,047 1,053 . 35,319 30,926 5,386 Transportation 10,526 8,964 Membership Expense 11661. Staff Expense 1,800 1,533 267 101] Printing and Postage ,000 0 5,877 1,023 Total Costs 1. 852 148 1fl2[372 86,933 1514f1 Tutsi Costa for all Pro rams $ 618 048 $ 527 228 $ 91,820 a i i { i i 1 i 1 THE CITY OF SAN JUAN CAPI TRANO ti � Sa tV Consideration of Agreement for Afterschool Recreation Programs(Boys&-Glrls Clubs of Capistrano Vallev)" F DEL • Boys &Girls Clubs of Capistrano Valley 3 � ti h j . '; 0 :i00i} 6f10p 9000 Feet AttaGhment 5 AGREEMENT FOR AFTERSCHOOL RECREATION PROGRAMS BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 20'h day of October 2009, by and between the CITY OF SAN JUAN CAPISTRANO, here'inafter called "City," and Boys & Girls Clubs of Capistrano Valley, hereinafter called "Contractor." WHEREAS, the City wishes to engage Contractor to provide afterschool programs for youth at.the Boys & Girls Clubs of Capistrano Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. Scopeof.Work. The Contractor agrees to provide a high quality, comprehensive, afterschool program for schoolage children subject to minimal annual membership fees that Will include the following: Transportation services for children residing in the San Juan Elementary SchoollCapistr6no Villas neighborhoods, The Boys & Girls Clubs of Capistrano Valley will be picking children up at San Juan Elementary School. The program will be conducted Monday-Thursday immediately after school for children ages seven through nineteen. Hours of operations will be 2:00 pm. to 6:00 p.m. during the school year with modifications for holiday and minimum day school schedules. Friday hours are2:00 p.m.to 6:00 p.m,; with extended hours for teens until 10:00 p.m. Program activities advertising through media releases. A monthly calendar of daily and special events to participants will be provided to the City in advance, concurrently with the reports required under Section 4 below. For example, the monthly calendar for January is due prior to the fifth working day of December. Keep records of daily attendance. All participants must have a release of'liability/waiver form on file. Contractor to provide and fund transportation to and from local attractions and events. Page 1 656 T 12,1 ATTACHMENT 17 Program components will include Boys & Girls Club of America six core service areas: Health & Life Skills, Character & Leadership Development, Education &Career Development,Technology, The Arts,and Sports, Fitness & Recreation. Health & Life Skills develops young people's capacity to engage in positive behaviors that nurture their own well-being, set personal goals and develop the competencies to live successfully as self sufficient adults. Programs failing under Health & Life Skills include, but are not limited to: SMART Moves, SMART Kids, and Crest Club, Character& Leadership,Dgvelopmeat empowering youth to support and 'influence their Club and Community, sustaining meaningful relationships with others, developing a positive self image, participating in the democratic process, and respecting theirs and other cultures. Programs include: Keystone, Torch Club, Youth of the Year, and SMART Girls, Education & Career Development,enabling youth to become proficient in sic education disciplines and applying learning to everyday situations. Programs include, but are not limited to: Ultimate Journey, Ultimate Oceans, Sea Tech, homework assistance and educational games. > Technology helping youth to embrace technology,optimize employability, research, and higher standard's of living. Programs include, but are not limited to: Lego Robotics, computer proficiency classes and Internet Classes, The Arts developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to: talent shows, art exhibits, and daily craft projects. > Sports, Fitness & Recreation developing fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to: sports leagues and clinics, intramural leagues, gym games according to age, and life, sports during the afterschool program. Participation in City wide events which include San Juan Summer Nites, annual July 4th Celebration and Tree Lighting Ceremony. Page 2 65602 1 SECTION 2. ..Eg dgment and Supplies, Contractor will supply all equipment and supplies needed to conduct the aftersc hool program. All equipment and supplies must be in good, operable and safe condition. SECTION 3. Accidenttincident Reports'. Contractor shall report to the City any accident or incident requiring emergency response during program activities. Official reports must be completed and submitted to the City within twenty-four(24) hours of the occurrence, Monday through Friday, and the following Monday for occurrences on Friday night through Sunday, SECTION 4. Evaluation_Reparts. Contractor shall provide City with monthly reports, which are due to the City on the fifth working day of each month. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments. Contractor will provide an end of the year evaluation due by June 30, 2010, to include measurable outcomes of programs, financial, and population assessments. SECTION 5. Site Visits. The City shall have the right to visit a program site at anytime during the term of this Agreement. City shall not hinder the normal operation of program services, SECTION 6. InslRection of Records. City may review and inspect Contractor's accounting records related to the Program provided pursuant to this Agreement. SECDON 7. Faq Llity Use. Contractor may use City facilities for implementation of Program activities, However, City programs have priority use of City facilities. Programs hosted by Contractor in City facilities may be canceled on occasion in the event of conflict with a City program. City will make every effort to provide Contractor with sufficient notice of such cancellation. In case of emergency, advance notice may not be possible. As part of this Agreement, the Contractor will receive use of the gymnasium during a four(4) hour period each weekday to provide a youth sports program for a non-fee based Boys & Girls Clubs of Capistrano Valley program. Contractor shall have use of the City gymnasium during the week from 2:00—6:00 pm. The exceptions to this shall be (a) when the City notifies the contractor of a City program that will make use of the gymnasium during these hours. Page 3 656112-1 In accordance with Administrative Policy No, 613, the only approved uses of the City's gymnasium shall include basketball, volleyball, indoor soccer, and badminton. Any other proposed uses must receive prior written approval from the Community Services Department. Contractor shall maintain the hygiene and preserve the integrity of the gyrnnasiurn restroorn on a continual basis according to the Boys & Girls Clubs of Capistrano Valley business hours. SECTION 8.- Designated Representatives. City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9. Staff/Child Ratio. There shall be an adult-child ratio of 1:35. Compliance with this ratio shall be determined based on actual attendance. SECTION 10, Independent Contractor. Contractor and its officials, agents and employees shall act and be independent contractors and not agents or employees of City, and shall obtain no rights to any benefits which accrue to City's employees, Section11. Compliance with Law L E-Verify. 11.1. Compliance with Law Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government, 11.2. E-Verify. If Contractor is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Contractor shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at hftp-://www.uscis.gov, or access the registration page at htti)s://wAw.vfs-d�is.com/emi)loveri-egistration. Contractor shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Page 4 656132,1 SECT12N 12. Etat ployses/Subcontractors. A listing of employees and/or subcontractors designated to carry out the Program subject to this Agreement must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 11. Employee Train i ngfflackgmound Checks/Phnical. All employees of Contractor will be required to undergo a background check through references, past employment history, and fingerprinting for compliance With Penal Code Section 11105.3. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations, Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. SECTION 14. Pa merit Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly basis for services rendered, not to exceed $73,466 annually (based on City's fiscal year, July I through June 30). City shall pay the amount due to Contractor per the City's payment schedule. (October 21, 2009 - June 30, 2010) SECTION 15. Retention of Funds. City may withhold payment to Contractor to compensate City for any loss, cost, liability or damage suffered by City due to default of Contractor in. the performance of services required. SECTION 16. Term of Aqreement. This agreement shall be in effect for a period of nine(9)months, beginning October 21, 2009,through June 2010. City reserves the right to terminate all services of Contractor at any time upon sixty (60) days written notice, or immediately upon breach of the Agreement. SECTION 17. Insurance and Indemnification. Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; Page 5 6$6132.1 A liability endorsement form with reference to the above-listed liability insurance, Proof of workers' compensation insurance for all employees in the amount required by State Law; Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000' package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss(including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Community Services Director To Contractor: James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley I Via Positiva San Juan Capistrano, CA 92675 [SIGNATURE PAGE TO FOLLOW] Page 6 656Z32.1 I IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO E By Mark Nielsen, Mayor i BOYS & GIRLS CUBS OF CAPISTRANO VALLEY By Names Littlejohn, Executive Director ATTEST: Maria Morris, Acting City Clerk APPROVED AS TO FORM: 'Jam Omar Sari al, City Attorney i Page 7 656132.1 f THE CITY OF SAN JUAN CAPISTRANO iyfa. IT �"a r Boys and Girls Club of Capistrano Valley, Inc. 1 Via Positiva. San Juan Capistrano. CA 92675 �� r' F rr Mf 3 ,D' S �f A - CEL �, I.C]COT Ffll w. -� �, .fig � � � �� �.� •� � .,$ `fir 0 3000 000 9000 Feet Attachment AGREEMENT FOR AFTERSCHOOL RECREATION PROGRAMS BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 21 st day of September 2010, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and Boys &Girls Clubs of Capistrano Valley, hereinafter called "Contractor." WHEREAS, the City wishes to engage Contractor to provide afterschool programs for youth at the Boys & Girls Clubs of Capistrano Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. Scope Of Work. The Contractor agrees to provide a high quality, 'comprehensive, afterschool program for school age children subject to minimal annual membership fees that will include the following: Transportation services for children residing 'in the San Juan Elementary School/Capistrano Villas neighborhoods. The Boys & Girls Clubs of Capistrano Valley will be picking children up at San Juan Elementary School. The program will be conducted Monday-Thursday immediately after school for children ages seven through nineteen. Hours of operations will be 2:00 pm. to 6:00 p.m. during the school year with modifications for holiday and minimum day school schedules, Friday hours are 2:00 p.m.to 6:00 p.m.; with extended hours for teens until 10:00 V.m. Program activities advertising through media releases. A monthly calendar of daily and special events to participants will be provided to the City in advance, concurrently with the reports required under Section 4 below. For example, the' monthly calendar for January is due prior to the fifth working day of December. Keep records of daily attendance. All participants must have a release of liabilitylwaiver form on file. Contractor to provide and fund transportation to and from local attractions and events. Page I ATTACHMENT 18 Program components will include Boys & Girls Club of America six core service areas: Health. & Life Skills, Character & Leadership Development, Education &Career Development,Technology,The Arts, and Sports, Fitness & Recreation. Health & Life Skills develops young people's capacity to engage in positive behaviors that nurture their own well-being, set personal goals and develop the competencies to live successfully as self sufficient adults. Programs failing under Health & Life Skills include, but are not limited to, SMART Moves, SMART Kids, and Crest Club. Character& Leaders h 1P.Development empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a positive . self image, participating in the democratic process, and respecting theirs and other cultures. Programs include., Keystone, Torch Club, Youth of the Year, and SMART Girls. Education &Career I evelopment enabling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include, but are not limited to., Ultimate Journey, Ultimate Oceans, Sea Tech, homework assistance and educational games. Technology helping youth to embrace technology,optimize employability, research, and higher standards of living. Programs include, but are not limited to: Lego Robotics, computer proficiency classes and Internet Classes. The Arts developing creativity and cultural awareness through knowledge and appreciation of visual and tactile arts and crafts. Programs include, but are not limited to, talent shows, art exhibits, and daily craft projects. Sports, Fitness & Recreation developing fitness, positive use of leisure time, skills for stress management, appreciation for the environment and social and interpersonal skills. Programs include, but are not limited to: sports leagues and clinics, intramural leagues, gym games according to age, and life sports during the afterschool program. > Participation in Citywide events which include San Juan Summer Wes,' annual July 4th Celebration and Tree Lighting Ceremony. Page 2 SECTION 2. Equipment and Supplies. Contractor will supply all equipment and supplies needed to conduct the afterschool program. All equipment and supplies must be in good, operable and safe condition. SECTION 3. AccidenVInGident B"orts. Contractor shall report to the City any accident or incident requiring emergency j response during program activities. Official reports must be completed and submitted to the City within twenty-four(24) hours of the occurrence, Monday through Friday, and the following Monday for occurrences on Friday night through Sunday. .SECTION 4. Evaluation,Re0orts. Contractor shall provide City with monthly reports, which are due to the City on the fifth working day of each month, Reports should include, but are not limited to,attendance records, monthly calendar of events, special activities and accomplishments. Contractor will provide an end of the year evaluation due by June 30, 2011, to include measurable outcomes of programs, financial, and population assessments. SECTION 5. Site Visits. The City shall have the right to visit a program site at any time during the term of this Agreement. City shall not hinder.the normal operation of program services. SECTION 6. Insr)ection of Records. City may review and inspect Contractor's accounting records related to the Program provided pursuant to this Agreement. SECTION 7. Facility Ute. Contractor may use City facilities for implementation of Program activities. However, City programs have priority use of City facilities. Programs hosted by Contractor in City facilities may be canceled on occasion in the event of conflict with a City program. City will make every effort to provide Contractor with sufficient notice of such cancellation. In case of emergency, advance notice may not be possible. As part of this Agreement, the Contractorwill receive use of the gymnasium during a four(4) hour period each weekday to provide a youth sports program for a non-fee based Boys & Girls Clubs of Capistrano Valley program. Contractor shall have use of the City gymnasium during the week from 2:00—6:00 pm. The exceptions to this shall be (a) when the City notifies the contractor of a City program that Will make use of the gymnasium during these hours. Page 3 In accordance with Administrative Policy No. 613, the only approved uses of the City's gymnasium shall include basketball, volleyball, indoor soccer, and badminton. Any other proposed uses must receive prior written approval from the Community Services Department. Contractor shall maintain the hygiene and preserve the integrity of the gymnasium restroom on a continual basis according to the Boys & Girls Clubs of Capistrano Valley business hours. SECTION S. Designated Representatives. City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement, The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9. Staff/ChUSLIRatio. There shall be an adult-child ratio of 1.35. Compliance with this ratio shall be determined based on actual attendance SECTION 10. Independent Contractor. Contractor and its officials, agents and employees shall act and be independent contractors and not agents or employees of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 11. Compliance with Law: E-Ven . 11.1. Compliance with Law Conti-actor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 11.2. E-Verify. If Contractor is not already enrolled in the U.S, Department of Homeland Security's E-Verify program, Contractor shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at ht1p,//www-usgi§igoy, or access the registration page at https://www,vJs-dhs,corY L/qO2pfoyqr , Contractor shall certify its registration with E-Verify and provide'its registration number within sixteen days of the effective date of this Agreement. Failure,to provide certification will result in withholding payment until full compliance is demonstrated. Page 4 SECTION 12. Em to ees/Subcontractors. A listing of employees and/or subcontractors designated to carry out the Program subject to this Agreement must be submitted to City. City must be notified immediately in writing of any changes of subcontractors or employees. SECTION 13. Errs Ioee Trainirr back round Checks/Physical, All employees of Contractor will be required to undergo a background check through references, past employment history, and fingerprinting for compliance with Penal Code Section 11105.3. Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health testing and immunizations. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth development. All employees are required to have First Aid and CPR training. SECTION 14. Payment Schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement_ Contractor shall invoice City on a monthly basis for services rendered, not to exceed $73,058 annually (based on City's fiscal year; July 1 through June 30). City shall pay the amount due to Contractor per the City's payment schedule. (September 21, 2010 - June 30, 2011) SECTION 15. Retention of Funds. City may withhold payment to Contractor to compensate City for any lass, cost, liability or damage suffered by City due to default of Contractor in the performance of services required. SECTION 16. Terre of Agreement. This agreement shall be in effect for a period of nine (0) months, beginning September 21, 2010, through June 2011. City reserves the right to terminate all services of Contractor at any time upon sixty (60)days written notice, or immediately upon breach of the Agreement. SECTION 17. Insurance and Indemnification. Contractor shall submit to the City: A certificate of general liability insurance naming the City as additional insured in the amount of$1,000,000 per occurrence; Page 5 A liability endorsement form with reference to the above-listed liability insurance; Proof of workers' compensation insurance for all employees in the amount required by State Law; Comprehensive automobile liability coverage for owned, hired and non-owned vehicles in the amount of $1,000,000 package coverage including bodily injury, property damage and uninsured motorist. Contractor shall indemnify,-defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss(including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from the fault or negligence of Contractor in its operations under this Agreement. SECTION 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Community Services Director To Contractor,, James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley 1 Via Positiva San Juan Capistrano, CA 92675 [SIGNATURE PAGE TO FOLLOW] Page 6 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By Dr. Londres Uso, Mayor BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY By James Littlejohn, Executive Director ATTEST: [Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Page 7 THE CIT`' OF ,. SAN JUAN CAPISTRANO 1 SIS<',y.-&' g �1-,,. ��� „� � fir: I' p ,;, h � !�"'` °�>? .�•l Vy l 40'kjf , r a vi Boys&Gies dubs of Capistrano Valle ` r �• v �' � y`r� �i fir f'f� � Y J� �N „ �-� •� �&� °ti's ��Ca w lklym 7� d dE l�tl.n 3 '' � �� ��, ,'�•n.,. t ����f � I• I:E E s�'Sa,1`��t��, "l� ��'• _rte f 0 300+0 6000 9000 Fee: f Attachment 2 AG REEMENT FOR AFTERSCHOOL RECREATION PROGRAMS BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUBS. OF CAPISTRANO VALLEY THIS AGREEMENT is made on the 61.h day of Septem.ber:201 1, by and between the CITY OF SAN JUAN CAPISTRANO., hereinafter called "City," and Boys & Girls Clubs of Capistrano Valley, hereinafter called led ."Contractor," WHEREAS., the City wishes to engage Contractor to provide afterschool programs for youth at the Boys & Girls Clubs of Capistrano Valley, NOW, THEREFORE, City and Contractor mutually agree as follows: SECTION 1. Scove of Work. The Contractor agrees to provide a high quality, comprehensive, afterschool program for school age children subject to minimal annual membership fees that will include the following: Transportation services for children residing in the, San Juan Elementary School/Capistrano Villas neighborhoods. The Boys & Girls Clubs of Capistrano Valley will he picking children-up at San Jpan. Elementary School. The program will be conducted Monday-Thursday immediately after school for children ages seven through eighteen. Hours of operations will be 2:00 p.m. to.6,00 p.m. during the school year with modifications for holiday and minimum day school schedules. Friday hours are 2:00 p.m.to 6:00 p.m., with extended hours for teens. until il 10,-00 p.m, Program activities advertising through media releases. A monthly calendar of daily and special events to participants will be provided to the City in advance, concurrently with the reports required-under Section 4 below, For example, the monthly calendar for January is due prior to the fifth workingg day of December. Keep records of daily attendance. All participants must have a release of liability/waiver form on file. Contractor to provide and fund transportation an to and from local attractions and events. Page I ATTACHMENT 19 Program components will include Boys & Girls Club of America six core service areas: Health & Life Skills, Character& Leadershiip Development,Education &Career Development,Technology,The Arts, and Sports, Fitness & Recreation. �0- Health & Life Skills develops young pecople's capacity to engage in. positive behaviors that nurture their own well-being, set personal goals and develop the competences to live successfully as self sufficient adults. Programs falling under Health & Life Skills include, but are not I-i mited to: SMART Movea, SMART Kids, and Crest Club. Character& Leadership Development empowering youth to support and influence their Club and Community, sustaining meaningful relationships with others, developing a positive self image, participating in the. democratic process, and respecting theirs and other cultures. Programs include Keystone, Torch Club Youth of the Year; and SMART Girls. Education&Career:Develo Development i- abling youth to become proficient in basic education disciplines and applying learning to everyday situations. Programs include; but are not limited to: Ultimate. Journey, Ultimate Oceans, Sea Tech, homework assistance and educational garner: Technobgy helping youth to embrace technology, optimize employability, research, and higher standards of living. Programs include, but are not limited to.: Lego Robotics, computer proficiency classes and Internet Classes: The.Arts developing creativity and cultural awareness through knowledge and appreciation of visual and tactile; arts and crafts. Programs include, but are not limited to: talent shouts, art exhibits, and daily craft projects. Snorts, Fitness & Recreation developing fitness= positive use of leisure time,skills for stress management, appreciation for the environment and social and interpersonal shills. Programs include, but are not limited to: sports leagues and clinics, intramural leagues, gym games according to age, and life sports during the aftersphool program. Participation in Citywide events which include San Juan Summer Nites, annual July 4th Celebration and Tree Lighting Ceremony. Page 2 SECTION 2. Equipment and Supplies.. Contractor will supply all equipment and supplies needed to conduct the afterschool program. All ecluipment and supplies must be in good, operableand safe condition. SECTION 3. Accident. 1incident Reports. Contractor shall report to the City any accident or incident requiring ernergency response during program activities. Official reports must be completed and submitted to the City within twenty-four (24) hours of the occurrence, Monday through Friday, and the following Monday for occurrences on Friday night through Sunday. SECTION 4. Evaluatign_Bpports. Contractor shall provide City with monthly reports, which are due to the City on the fifth working day of each month.. Reports should include, but are not limited to, attendance records, monthly calendar of events, special activities and accomplishments. Contractor will provide an end of the year evaluation due by June 30, 2012, to include measurable outcomes of programs, financial, and population assessments. SECTION S. .Site Visits. The City shall have the right to visit a program site at anytime during the term of this Agreement. City shall not hinder the normal operation of program services. SECTION 6. Inspection of Records. City may review and inspect Contractor's accounting records related to the Program provided pursuant to this Agreement. .SECTION 7. Facillily Use. Contractor may use City facilities for implementation of Program activities. However, City programs have priority use of City facilities. Programs hosted by Contractor in City facilities may be canceled on occasion in the event of conflict with a City program. City will t. make'every effort o provide Contractor with sufficient notice of such cancellation. In case of emergency, advance notice may not be possible. As part of this Agreement,the Contractorwifl receive use of the gymnasium during a four 4) hour peri od each weekday to provide a youth sports program for a non-fee based Boys & Girls Clubs of Capistrano Valley program. Contractor shall have use of the City gymnasium during the week from 2:00—6:00 pm. The exceptions to this shall be (a) when the City notifies the contractor of a City program gram that will make use of the gymnasium during these hours. Page 3 In accordance with Administrative. Policy No. 613, the only approved uses of the City S. gymnasium shall include basketball, volleyball, indoor soccer, and badminton. Any other proposed uses must receive prior written approval from the Community Services Department Contractor shall maintain the hygiene and preserve the integrity of the gymnasium restroom on a continual basis according to the Boys & Girls Clubs of Capistrano Valley business hours. SECTION . Des.i hated ate ,resentatives. City and Contractor shall each designate one (1) person to be responsible for the terms and conditions of this Agreement. The Contractor or his/her designee will attend staff, community, Commission, or City Council meetings as requested by the City. SECTION 9; StafiTfChild Ratio. There shell be an adult-child ratio of -1:3`5. Compliance with this ratio shall be determined based on actual attendance. SECTION 10. Inde e dent Contractor. Contractor and its officials, merits and employees shall act and be independent contractors and not agents or employees of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 11. Com fiance with Law. E.-Veri 1 1.1, Compliance with Law Contractor shall comply with all applicable laws; ordinances, cedes and regulations of federal, state and local government, 11,2. E-Verify; If Contractor is not already enrolled in the U.S. Department of Homeland Security's FMVerify program, Contractor shall enroll in the E-Verify program within fifteen days of the effective.date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Contractor shall verity employment authorization Within three days of firing a new employee to perform work under this Agreement. Information. pertaining to the E-Verify program can be found at htto ILwww,uscis.gov, or access the registration page:at https://www,vis-dhs.com/emOloverre-qistrafibn,. Contractor shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective gate of this Agreement, Failure to provide certification will result in withholding payment until full compliance.is demonstrated. Page 4 SECTION 12. Em to ees/Su contractors. A listing of employees and/or subcontractors designated to carry out the Program subject to this Agreement must be submitted to City. City roust be notified immediately in writing of any charges of subcontractors or employees. SECTION 13. Employee Tr ipir /Back round ChecksLEhyslcal. All employees of Contractor will be required to undergo a background check through references, past employment history, and fingerprinting for compliance with Penal Code Section 11105.3, Employees and volunteers of Contractor will comply with Orange County Health Department requirements regarding health.testing and immunizations. Contractor is to provide ongoing training and a minimum of quarterly training sessions regarding recreational programs and youth. development. All employees. are required to have First Aid and CPR training. SECTION 14. Pa ment schedule. Contractor shall maintain sufficient accounting records, timecards, and other documentation as deemed necessary in order to adequately document costs for the provisions of services under this Agreement. Contractor shall invoice City on a monthly oasis for services rendered, not to exceed $70,058 annually (eased on City's fiscal year, July 1 through ,.lune 30). City shall pay the amount due to Contractor per the City's payment schedule. (September 5, 2011 r ,dune 30, 2012) SECTION 15. Retention.of Funds., City may withhold payment to Contractor to compensate City for any loss, east, liability or damage suffered by City due to default of Contractor in the performance of services required. SECTION 16. Term of_Agreei ent. This agreement shall be in effect for a period of nine (9) months, beginning September6, 2011,through dude 30, 2012. City reservesthe right to terminate all services of Contractor at any time upon sixty(60)days written notice,or immediately upon breach of the Agreement. SECT]ON 17. Insurance and Indemnification. Contractor shall submit to the City:. A certificate of general liability insurance naming the City as additional insured in the amount of $1,000,000 per occurrence; Page 5 A l'i'ability endorsement form with reference to the abovedisted liability insurance', Proof of workers' compensation insurance for all employees in the amount required by State Law; Comprehensive automobile liability coverage for owned, hired and I-on-owsied vehicles in the amount of $1,000,000 pac�aqe over I ca k garage including beadily injury, property damage and uninsured motorist. Contractor shall indemnify, defend, and hold harmless the City and its officers and employees against all liabilities or claims of liability or loss(including reasonable attorney's fees, related costs and expenses) because of death, personal injury or property damage arising or resulting from.the fault or negligence of Co retractor in its operations under this Agreement. SECTION 18. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as.may be designated by written notice.These addresses shall be used. for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San. Juan Capistrano, CA 92675 Aftn, Community Services Manager To Contractor'. James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley I Via Positiva San Juan Capistrano, CA 92675 [SIGNATURE PAGE TO FOLLOW] Page 6 IN WITNESS WHEREOF, the parties have executed this Agreement the clay and year first hereinabove written. CITY OF SAID JUAN CAPI STRAND By Sam Allevato, Mayor BOYS & GIRLS CLUBS OF CA.PiSTRANO VALLEY By James Littlejohn, Executive Director ATTEST: Marla Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Page THE CITY OF / SAN JUAN CAPISTRANO 1d„ , g� N Boys&Girls Clubs of Capistrano Valley 1 Via Positiva. San Juan Capistrano. CA 92675 J f�, `� r e�i r y r r LOCATION r� ` �r 1 * r 0 3000 6000 9000 Feet ATTACHMENT 20