13-1105_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_D15_Agenda ReportCity of San Jua Age TO: Karen P. Brust, CityJ'a FROM: Cynthia Alexander, Com DATE: November 5, 2013 Capistrano port 11/5/2013 015 SUBJECT: Consideration of a First Amendment Extending the Personal Services Agreement for an Afterschool Recreation Program (Boys & Girls Clubs of Capistrano Valley) for Two (2) Additional Years from September 1, 2014, through June 30, 2016, and Reduce the Hourly Fee to $14 Retroactive to September 2013 for Use of the City's Gymnasium RECOMMENDATION: By motion, approve the First Amendment to the Personal Services Agreement with the Boys & Girls Clubs of Capistrano Valley in an amount not to exceed $78,058 to: a. Extend the Agreement for two additional ten (10) month periods beginning September 1, 2014, through June 30, 2015, and September 5, 2015, through June 30, 2016; and, b. Return to the reduced hourly rate of $14 per hour retroactive to September 2013, for the Boys and Girls Club weekday uses of the City's Gymnasium as approved for Fiscal Year 2012-2013, and continue this rate for the entire term of the Agreement as amended. EXECUTIVE SUMMARY: In order to help the San Juan Capistrano youth reach their full potential as productive and responsible citizens, and use their after school time productively, staff is recommending to extend the Boys & Girls Clubs of Capistrano Valley Personal Services Agreement to provide an Afterschool Recreation Program for two (2) additional ten (1 0) month periods (effectively two years) beginning September 1, 2014, through June 30, 2015, and September 5, 2015, through June 30, 2016. Additionally, staff recommends applying the reduced fee of $14 per hour retroactive to September 2013, for weekday use of the City's Gymnasium and continuing for the entire term of the Agreement as amended. City Council Agenda Report November 5, 2013 Page 2 of 3 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. -6:00p.m., with extended hours for teens on Fridays until 10:00 p.m. for school aged children throughout San Juan Capistrano. Approximately, 1 ,676 children participate annually at the Club, and 1 ,000 are from San Juan Capistrano. An average daily attendance of 200 children benefitfrom after school activities that take place at the Boys & Girls Clubs of Capistrano Valley. Activities include arts and crafts, educational games, computers, homework assistance, specialty clubs, sports/fitness, and special activities. The annual cost to the City is $78,058 (Attachment 2). Under this Agreement, the Boys & Girls Club also utilizes the City's gymnasium for 1,000 hours annually. On August 7, 2012, the City Council authorized the Boys & Girls Club to use the facility at the reduced rate of $14 per hour for Fiscal Year 2012-2013 and increasing to' the adjusted rate of $43.34 per hour beginning for the Fiscal Year 2013-2014. Staff is recommending City Council approve continuing the $14 rate retroactive to September 2013. FISCAL IMPACT: The Community Services Department's budget includes $78,058 for Fiscal Year 2013- 2014. During the next two-year budget process for the Fiscal Years 2014-2015 and 2015-2016 this amount will be included for an Afterschool Recreation Program in the Community Services Department's budget each year. The reduced hourly rate of $14 for the use of the City's Gymnasium was used to calculate the Fiscal Years 2012-2013 and 2013-2014 revenue projections in account 01-00000-46114-00000-672; therefore, the continuation of the reduced hourly fee of $14 does not impact the current fiscal year budget. The $14 per hour rate will also be used for revenue projections for the Fiscal Years 2014-2015 and 2015-2016 budget. 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 Afterschool Recreation Program since 1997-1998. City Council Agenda Report November 5, 2013 Page 3 of 3 COMMISSION/COMMITIEE/BOARD REVIEW AND RECOMMENDATIONS: This item will be presented to the Parks, Recreation and Senior Services Commission at their meeting on November 18, 2013. NOTIFICATION: James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley ATTACHMENT(S): Attachment 1 -Amendment to the Personal Services Agreement Attachment 2-Personal Services Agreement for an Afterschool Recreation Program PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made on the J'h day of August 2012, by and between the CITY OF SAN JVANCAPISTRANO, h~reinafter 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 AfterschGol 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 ~ecreation 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 until10:00 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. • 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. , • Participation in City wide events which include San Juan Summer Nites, the 4th of July Celebration and the Tree Lighting Ceremony. , 1 ATTACHMENT 2 • The Afterschool Recreation Program components will include Boys & Girts Clubs of America six core service areas: Health & Life Skills, Character & Leadership Development, Educati()n & Career Development, Technology, The Arts, and Sports, Fitness & Recreation. • Health & Life Skills develops young people's capacity to engag~ 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 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. Equigment and Sugglies. 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. Accident/Incident Reports. 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 ofthis Agreement. City shall not hinder the normal operation of program services. SECTION 6. Inspection of Records. City may review and inspect Contractors 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. -6:00p.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~ofthe 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. SECTION 9. Staff/Child Ratio. There shall be an adult-child ratio of 1 :35 in accordance to the stand.ards 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. Employees/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 Training/Background Checks/Phvsical. 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 sesl;lions 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 September30, 2012withthefinal 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. Term of Agreement. This agreement shall be in effect for a period of ten ( 1 0) 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 submitto 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; • Comprehensiv~ 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: To Contractor: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Community Services Manager James Littlejolin, 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. APPROVED AS TO FORM: ~1fJoulJu.m.{) Omar Saf190\18( City Attorney BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY By~~~ James Littlejohn, Executive irector 7 FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY, is made and entered into, to be effective the 5th day of November, 2013, as follows: RECITALS WHEREAS, the City and The Boys and Girls Clubs of Capistrano Valley have entered into a Personal Services Agreement dated August 7, 2012 to provide an Afterschool Recreation Program for youth at the Boys and Girls Clubs of Capistrano Valley until June 30, 2014. WHEREAS, the City and The Boys and Girls Clubs of Capistrano Valley desire to amend the terms of the Personal Services Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Contractor agree to amend the Agreement as follows: Section 7. Facility Use is amended to include the hourly rate for the Contractor's use of the City's Gymnasium as defined in this section at $14 per hour retroactive to September 2013, and continuing for the entire term of the Agreement as amended. Section 16. Term of Agreement is amended to extend the agreement for two additional ten (1 0) month periods beginning September 1, 2014, through June 30; 2015 and September 5, 2015 through June 30, 2016. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTEST: By: ________________________ __ City Clerk APPROVED AS TO FORM: BY: -------------------------City Attorney CITY OF SAN JUAN CAPISTRANO By: ______________________ __ John Taylor, Mayor Boys and Girls Clubs of Capistrano Valley -1- By: • James Littlejohn, Executive Director ATTACHMENT 1