18-0904_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_E9_Agenda Report9t412018
E9
FROM: øramin Siegel, City Manager
SUBMITTED BY: Dori Budde, Community Services Directot fdn€
DATE: September 4,2018
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
Professional Services Agreement with the Boys & Girls Clubs of
Capistrano Valley to Provide Afterschool Recreation Program
TO
SUBJECT
MENDATION
Approve and authorize the City Manager to execute a Professional Services Agreement
with the Boys & Girls Clubs of Capistrano Valley to provide an afterschool recreation
program for three years with two optional one-year extensions, with the same terms and
conditions as the current agreement.
DISCUSSION/ANALYSIS:
The Boys & Girls Clubs of Capistrano Valley (Boys & Girls Clubs), a 501(cX3) Youth
Development Agency, has provided afterschool recreation programs for the City since
1997. As a result of extensive capital fundraising campaigns, the Boys & Girls Clubs built
the existing Via Positiva facilities (Club and Teen Center) on City property, which it leases
at no cost from the City unfil2024.
The Boys & Girls Clubs'Via Positiva Branch is conveniently located near several schools,
which attracts students from those schools, as well as children of adults employed in San
Juan Capistrano. The Via Positiva Branch had 1,616 members in 2017,788 of which were
San Juan Capistrano residents, which represents the largest user group served at this
site (Attachment 1).
ln addition to providing afterschool recreation programs, the City's current Agreement
with the Boys & Girls Clubs allows them to utilize the City's gymnasium for 1,000 hours
annually at a reduced rate of $14 per hour (Attachment 2). The City Council originally
granted this rentalfee reduction recognizing that City staff is not required to be on site to
monitor the activities. The program operates Monday through Friday, 2:00 p.m. until 6:00
p.m., with extended hours for teens on Fridays until 10:00 p.m. Program components
City Council Agenda Report
September 4,2018
Paoe 2 of 3
include six core service areas: Health & Life Skills, Character & Leadership Development,
Education & Career Development, Technology, Arts & Sports, Fitness & Recreation.
Additionally, the Boys & Girls Clubs offers transportation services for members residing
in the San Juan Elementary School and/or Capistrano Villas neighborhoods.
The annual cost for the Boys & Girls Clubs to provide the afterschool services to San
Juan Capistrano youth is approximately $729,000, while the City pays $78,058 for the
services. The Boys & Girls Clubs also charges a $70 annual membership fee per
participant (ages 7-12), which can be offset by scholarships. Staff is recommending that
the Council approve a new three-year agreement with the Boys & Girls Clubs under the
same terms and conditions, with two optional one-year extensions subject to approval by
the City Manager (Attachment 3).
FISCAL IMPACT
The Community Services Department budget includes $78,000 for FiscalYear 2018-2019
and 2019-2020 for these programs. The current rental rate of $14 per hour for use of the
gymnasium was used to calculate revenue projections for Fiscal Years 2018-2019 and
2019-2020.
ENVIRONMENTAL IMPACT
ln accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061(bX3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. A Professional Services Agreement with the Boys & Girls Clubs of
Capistrano Valley to provide afterschool recreation program, would not be an activity with
potential to cause significant effect on the environment, and therefore is exempt from
CEQA.
PRIOR CITY COUNCIL REVIEW:
On August 7, 2012, the City Council approved a Personal Services Agreement
with the Boys & Girls Clubs for ten months.
On November 5, 2013, the City Council approved a First Amendment extending
the Personal Services Agreement with the Boys & Girls Clubs for two years and
reducing the Boys & Girls Clubs gymnasium rental rate to $14 per hour.
On May 17 ,2016, the City Council approved a Second Amendment extending the
Personal Services Agreement with the Boys & Girls Clubs for two years.
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City Council Agenda Report
September 4,2018
Paqe 3 of 3
COM M I SS IO N/COMM ITTEE/BOARD REVI EW AN D RECOM M EN DATI ONS
On November 18, 2013, the Parks, Recreation, Senior and Youth Services
Commission received and filed the information from the November 5, 2013, City
Council meeting reflecting the Council's approval of the First Amendment to the
Personal Services Ag reement.
On November 16, 2015, the Parks, Recreation, Senior and Youth Services
Commission recommended reviewing services provided by the Boys & Girls Clubs.
On August 20, 2018, the Parks, Recreation, Senior and Youth Services
Commission recommended that the Council approve the Professional Services
Agreement with the Boys & Girls Clubs of Capistrano Valley for three years with
two optional one-year extensions.
NOTIFICAT¡ON
James Littlejohn, Executive Director, Boys & Girls Clubs of Capistrano Valley
ATTACHMENTS:
Attachment 1:2017 Stats for Cities (Provided by Boys & Girls Clubs)
Attachment 2. Personal Services Agreement and Amendment
Attachment 3: Proposed Professional Services Agreement
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2017 Stats For CitiesBased on the 201712018Budget of 2,100,000.00Cost for Membership: $70.00 a year 7 to 12 year olds$30.00 ayeæ 13 to 18 year oldsADA For eachADA CostCosf each city give us permember/actual cost$99.06/$728,900$95.791$241.425$0.00/$45,325(entire organization)$0.00/$925.00(entire organization)Cost for Each City$338.03/$328,375.00Cost for Each Gity$787.50/$185,000$217,375.00$35,150.00$9,250.00(entireorganization)$10,175(entireorganization)EADA Cost$86,950.00-ADA Cost$65,675.00235381011ADA For each CiA94-ADA For each CityI7Total ADA for 2017472Cost per MemberActual; $925.00per member# of Youth from Each7882614980# of youth from Each City355# of youth from Each Gity200ADA for 20173019774# of RegisteredMemhers1,6163812542,251CitySan Juan CapistranoDana PointMission VieiouelCityRancho SantaritaCityAliso ViejoVia PositivaRancho SantaMargaritaAliso ViejoVia PositivaRancho SantaMargaritaAliso VieioVia Positiva78,06025,000roRancho SanúaMargarita120,000.00EAIíso Vieio157,500Þo=mz
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PERSONAL SERVICES AGREEÛIENT
THIS AGREEMENT ís made on the 7th day of August 2O12, by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter called nCity," and the Boys & Girls Clubs
of Capistrano Valley, hereinafter called "Contractor."
RECITÀLS:
WHEREAS, the Gity wíshes to engage the Contractor to provide an Afterschool
Flecreation Program for youth at the Boys & Girls Clubs of Capistrano Valley.
NOW, THEREFORE, C¡ty and Contractor mutuatly agree as follows:
SECTIOiI l Scooe of Work,
The Contractor agrees to provide a hþh quality, comprehensive Afterschool
Recreation Program for school age children subject to minimal annual membership fees
that will include tfre following:
Transportation services for children residing in the San Juan Elementary
School/Capistrano VÍllas neighborhoods. The Boys & Girls Gfubs of Capistrano
Valley will be picking children up at San Juan Elementary School-
The Afterschool Recreation Program will be conducted Monday through Friday,
immediately afrer school for children ages seven through eighteen. Hours of
operations willbe 2:00 p.m. to 6:00 p.m. during the schoolyearwith modifications
for holiday and minimum day school schedules. Friday hours are extended forteens
only until f0:00 p.m.
Afterschool Recreatíon Program activitr'es advertised through media releases
Submit a monthly calendar of daily and special events for participants,
Submit records of daily attendance to the Cþ
Submit a monthly financial Pro Forma spreadsheet.
All participants must have a release of liability/waiver form on file.
Contractor to províde and fund transportation to and from local attractions and
events.
Participation in City wide events which include San Juan Summer Nítes, the 4th of
July Celebration and the Tree Lighting Ceremony.
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ATTACHMENT 2
a The Afterschool Recreation Program components will include Boys & Girls Cluþs of
America six core service arees: Health & Life Skills, Character & Leadership
Development, Education & CareerDevelopmenl Technology, TheArts, and Sports,
Fitness & Recreation.
Health & Life Skillç develops young peopte'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 adulb- Programs falling
under Health & Life skills include, but are not límited to: slrlART Moves, SfvARi
Kids, and Grest Club.
. Character & Leadershio Dewlooment 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.
Ed!¡cation & Career D-evelooment enabling youth to become proficient ín basic
education disciplines and applying leaming to everyday situations. Programs
include, but are not limited to: Ultimate Joumey, Ultimate Oceans, Sea Tech,
homework assistânce and educational garnes.
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Technoloov 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 lnternet Classes.
The Arts developing creativity and culturalawarenesg through knowledge and
appreciation of visual and tactile arts and crafts. Programs include, but are not
limited to: talent shows, art exhibíts, and daily craft projects.
Soorts. Fitness & Recreation developing frtness, positive use of leisure time,
skills for stress manegement, 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.
SECTlQlrl 2. Equlomeeland $upptieç.
Contractor will supply all eguipment and suppliee needed to conduct the Afterschool
Recreation Program. All equipment and supplies must be in good, operable and safe
condition.
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SËCTION 3. Accidsnt lncídent Roporb.
Contractor shall report to the City any accident or incident requiring eme(lency
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 nightthrough
Sunday.
SECTTON 4. Ar¡o¡¡m.snt Rcoor6.
Gontractor shall provide City with monthly reports, which are due to the City on the
fifth working day of each month.
Reports should includs, but are not límited to:. Daily Afterschool Recreation Program attendance records.
¡ A monthly financial Pro Forma spreadsheet,
r A monthly calendar of events and specialactivities.
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
Rocreation Program and San Juan Capistrano population assessment.
SECTION $. Siûe Visít¡.
The City shall have the ríght 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. lnsoection of Rccordg.
Gity may review and inspect Contractor's accounting records related to the
Afterschool Recreation Program pursuant to this Agreement,
SECTION 7. F¡cilihr Use.
Gontractor may use City facilities for implementation of Program activities. However,
City programs have iriority uðe of City facilities. Programs hoeted by Contractor in City
facilities may be canceled on occasion in the event of conflist with a City program. City will
makè every effort to provide Contractor with sufficient notice of such cancellatioh, ln 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 Capístrano Valley program.
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contractor shall have use of the cig gymnasium during the week from
2:00 p.m. - 6:00 p.m. The exceptions to this shall be when the City notifies the conüactor of
a City program that will make use of the gymnasium during these hours.
ln accordance with Administrative Policy No. 613, the only approved uses of the
City's gymnasium shalt include basketbalf, volleyball, indoor soccer, and badminton. Any
other proposed uses must receive prior written approvalfrom the Communlty Services
Department-
Contractorshall maintain the hygiene and preseruethe integrity of the gymnasium
restroom on a continual basis according to the Boys & Girls Clubá of Capistrãno Valley
busíness hours.
SECTION 8. Degiotï¡ted Reore¡Entrû'vea,
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, cornmunÍty, commission, orcity Councilmeet¡ngs as requested btthe c¡ty.
SECî|ON 9. Strff/Child Retio.
There shall be an adult-child ratio of 1:35 in accordance to the standards of the
Boys and Girls Clubs of America. Cômpliance with this ratio shall be determined based on
actual attendance.
SECTION 10. lndeopqdent Gontr¡ctor.
Contractor and its officíals, 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 eccrue to City's employees.
SECTION 12. Emnlovess/9ubcontÌectoß.
" A listing of employees and/or subcontractors desþnated to carry out the Afterschool
Recreation Program subject to this Agreement must be submitted to the City. Glty must be
notified imrnediatefy in writing of any changes of subcontractors or employees.
SECTION 13. Emplovee TraininoJB¡ckofgund ChgckslPhvcicel.
- All employees of Contractor will be required to undergo a background check tlrrough
references, past employment history, and fingerprinting for compliance with Penal Code
SectionJ 1 1 05.3, Employees and volunteers of Contractor will comply with Orange County
Health Department requirements regarding health testing and immunizations. -
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Contractor is to provide ongoing training and a minimum of quarterly training
sessions regarding Afterschool Recreation Program. Allemployees ere requi¡ed to have
First Aid and CPR training.
SECTION 14. Pavment Sched!¡le.
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 Gity on a monthly
basis for services rendered, not to exceed $78,058 annually, based on the City's Fiscal
Year, Jufy 1,z}1?through June 30, 2O12and July 1,2013 through June 30,2014.
City shall pay the amount due to Contractor upon receipt of the AEaeesment Reports
(SECTION 4.), with the first payment beginning September 30, 2012 with the final payment
ending June 30,2014.
SECTIOI{ 15. RetEntlon of Funds.
CW rnay withhold payment to Contractor to compensate City for any loss, cost,
liability or damage suffered by Crty due to default of Contractor in the performance of
services reguired.
SECTIOiI 16. Tsnn of Aoreement
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. Cily reserves the right to terminate all services of Contractor at anytime upon sixt¡r
(60) days written notitþ, or immediately upon breach of the Agreement.
SEGTION 17. lneurance and lndemnilication.
Contractor shall submit to the CiÇ:
A certificate of general liabilig insurance narning the Cityas additional insured in the
amount of $1,000,000 per oc¡unence;
A liability endorsement form with reference to the aboveJisted liability insurance;
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Proof of workers'compensation insurance for allemployees in the amountrequíred
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 rnotorist.
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Contractor shall indemñify, defend, and hold harmless the City and its ofücers and
employees against allliabilities or claims of liability or loss (íncluding reasonableattorney'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.
SEGTIOI{ 18. Noticq.
All notices shall be personally delivered or mailed to the below lísted addresses, or
to such other addpsses as may be designated bywritten notice. These addresses shallbe
used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Community Servicee Manager
To Gontractor:James Littlejohh, Executive Director
Boys & Girls Qlubs of Capistrano Valley
1 Via Positiva
San Juan Capistrano, CA 92675
ISTGNATURE PAGE TO FOLLOWJ
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lN WITNESS WHEREOF, the parties have executed this Agreementthe
day and year first hereinabove written.
CITYOF JUAN
By
BOYS & G¡RLS CLUBS OF CAPISTRANO
VALLEY
James Littleþhn,
By
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City
APPROVED AS TO FORM:
Omar , city
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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 Sth
day of November,2013, as follows:
RECITALS
WHEREAS, the City and The Boys and Girls Clubs of Capistrano Valley have
entered ínto a Personal Services Agreement dated August 7,2012 to provide an
Afterschool Reereatíon Prograrn for youth at the Boys and Girls Clubs of Capistrano
Valley until June 30, 2014.
WHEREAS, the City and The Boys and Gírls 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 rnutual covenants contained
therein, City and Contractor agree to amend the Agreement as follows:
Section 7. Façilrly.UsS 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 Aqfeement is amended to extend the agreement for two
additional ten (10) month periods beginning September 1,2014, through June 30,2015
and September 5, 2015 ihrough June 30 2016.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
JUAN ISCITY
By:
F o
aylor
ATTEST
Itl
By
ty Clerk
APPROVED AS
BY
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Boys and Girls Clubs of Capistrano Valley
James Liltlejohn. Executive Di
SECOND fu}fENDNTENT TO
FER,SONA.[, SER.\4CES AGREEIVTENT
THIS FIRST AIVIENDMENT TO THE PERSONAI SERVICES AOREEMENT
bCTWECN thE CITY OF SAN ruAN CAPISTRANO ("CitY'') ANd thE BOYS ANÐ CIRLS
CLIIBS OF CAPISTRANO VALLEY, is made and entered into, to be effective rhe 2l't day of
fung 2016, æ follows:
RECITALS
WHEREAS, the City and the Boys and Oirls Clubs of Capistano Vailey have entered
into a Persoml Se¡vices Agreemout dated August 7,2012, to provide an Aftenchool Recreation
Program for youth at the Boys and Girls clubs of capiseauo valley until June 30,2014-
WHEREAS, lhe Ciry and the Boys and Girts Club of Capistrano Valtey amended rhar
agreement, effective November 5,2Aß, sa as to inolude csrtåin howly rates and to extend. the
term of thatagrsement rhrough Jure 30,20l.6.
WTIEREAS, the City and the Boys and Girls Clubs of Capistrano Valley desire ro aruend.
the lerms of the Personal Services Agreemen! as âmended, as provid.ed hereund.er.
ArlfENDIVIENT
NOIV, THEREFORE, in consideralion of the prornises and mutual eovenants contained therein,
City and Contractor agree to amend the Agreement as follows:
Section 1,6. Term of Agreement is arnended to extend the agreementfortwo add.itional
ten (10) month periods begiming september 1,2016, through June 30, 2017,and seprember 5,
2017, through Junc 30,2018.
A1l other provisions of the Agreemenl (urctuding the amendments contained. in tho
November 5,2011, amendment) not specifically amended hereunder shall remain in full force
and effect.
fsignatures on following page]
Page I ol 2
SIGNATT]R"E PÀGE
TO
SECOIÍD AIVTEI{DIVIENT TO
PERSONAL SER\¡ICES AGREEMENT
By:
CITY OF SAN ruAI{
ÀrT
By:
City Clerk
ATPROVEDAS TOFORM:
By:
City Attomey
BOYS AND GIRTS CLUB Ot'
CAPISTRANO VALLEY
Byt
Name:
Title:
By:
Name:
Title:
?age 2 o12
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT WITH THE
BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY
THIS AGREEMENT is made on the day of 2018, by and
between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation organized
and operating under the laws of the State of California with its principal place of
business at32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and the
Boys & Girls Clubs of Capistrano Valley, a Youth Development Agency (a 501(cX3)
corporation)("Contractor") City and Contractor are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
REC¡TALS
A. The City wished to engage the Contractor to provide an Afterschool
Recreation Program for youth at the Boys & Girls Clubs of Capistrano Valley.
B. Contractor is duly licensed and has the necessary qualifications to provide
such services.
C. The Parties desire by this Agreement to establish the terms for City to
retain Contractor to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Contractor shall provide a high quality, comprehensive Afterschool
Recreation Program ("Program") for school age children, subject to annual
membership fees, that shall include the following:
a. Contractor shall provide transportation services to and from the
Program for children residing in the San Juan Elementary
School/Capistrano Villas neighborhoods.
b. The Program will be conducted Monday through Friday,
immediately after school for children ages seven (7) through eighteen
(18)
c. The hours of operations of the Program shall be from 2.00pm to
6:00pm during the school year with modifications for holiday and minimum
day school schedules. Friday hours shall be extended for teens (ages
thirteen (13) to eighteen (18)) until 10:00 p.m.
d. The Program activities shall be advertised through media releases.
e. A monthly calendar of daily and special events shall be provided to
participants.
ATTACHMENT 3
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f. Contractor shall obtain and maintain a release of liability/waiver
form for each participant in the Program in a form approved of by the City.
g. The Program shall participate in City wide events which include
San Juan Summer Nites, the 4th of July Celebration and the Tree Lighting
Ceremony.
h. Contractor to provide and fund transportation, at no cost to the City,
to and from local attractions and events for Program participants.
i. Contractor shall supply all equipment and supplies need to conduct
the Program. All equipment and supplies shall be in good, operable and
safe condition.
j Contractor shall keep City property free from damage, and shall
notify City of damage in accordance with section 3(d) herein.
Compensation.
a. The City shall pay Contractor for Program, in an amount not to
exceed the sum of $78,058 annually. Contractor shall invoice City on a
monthly basis for services rendered ("Monthly lnvoice").
b. 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.
c. Within 30 days of receipt of the Monthly Report (section 3(b)
herein) and Monthly lnvoice, City shall pay Contractor. Payments begin in
September of each year and the final payment is in June of each year. No
payments shall be due in July or August.
Reports.
a. AccidenVlncident Reports. Contractor shall repod to the City any
accident or incident 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.
b. Monthlv Reoorts.Contractor shall provide City with Monthly
Reports, which shall be due to the City by the fifth working day of each
month. Monthly Reports shall include the following:
(1) Daily Afterschool Recreation Program attendance records.
(2) A monthly financial Pro Forma spreadsheet.
(3) A monthly calendar of events and special activities.
c. Year-end Report. Contactor shall provide a year-end summary to
City by January 15 of each year of this Agreement. The year-end
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summary shall include, but is not limited to, the following data for the
previous year broken down by City:
(1) The average daily attendance.
(2) The number of registered members.
(3) The amount spent per member.
(4) The cost of membership per member.
d. Facility damaqe report. Contractor shall report to City any damage
to the facility within twenty-four (24) hours of occurrence of damage.
Site Visits.
The City shall have the right to visit a program site at any time during the
term of this Agreement, without prior notice to Contractor. City shall not hinder
the normal operation of Contractor's seryices.
5. lnspection of Records.
Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Contractor and made
available at all reasonable times during the contract period and for four (4) years
from the date of final payment under the contract for inspection by City.
6. Term.
. a. This agreement shall be in effect for a period of three (3) ten (10)
months terms as follows: September 1, 2018 through June 30, 20'19,
September 1, 2019 through June 30, 2020, and September 1, 2021
through June 30,2021. The City Manager and the Contractor may agree
in writing to two (2) additional ten (10) month extensions (September 1,
2022 to June 30,2022, and September 1,2023 to June 30,2023)
b. 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.
7. Facilitv Use.
a. Contractor may use City facilities for implementation of Program
activities, as agreed upon in writing by the parties. 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.
b. As part of this Agreement, the Contractor may use the gymnasium
from 2:00 p.m. to 6:00 p.m. each weekday to provide a youth sports
program, provided the City is not using the facility for a City program. For
each hour, or any part thereof, Contractor shall pay the City $14.00 per
hour for use of the gymnasium.
c. ln accordance with Administrative Policy No. 61, Contractor shall
only use the City's gymnasium for basketball, volleyball, indoor soccer,
and badminton. Any other proposed uses much receive prior written
approval from the Community Services Department
8. Desiqnated Representatives
a. City and Contractor shall each designate one (1) person to be the
designated representative who shall serve as the primary contact for each
Party ("designative representative"). lf either party makes a change to the
designative representative, that party shall notify the other party of said
change within five (5) working days.
b. The Contractor or his/her designee will attend staff, community,
Commission, or City Council meetings as requested by the City.
9. lndependent Contractor.
Contractor and its officials, agent 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.
10. lnsurance.
Contractor shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this
section. ln addition, Contractor shall not allow any subcontractor to commence
work on any subcontract until it has secured all insurance required under this
section.
a. Commercial General Liability
(1) The Contractor shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less
than specified herein, Commercial General Liability lnsurance, in a
form and with insurance companies acceptable to the City.
(2) Coverage for Commercial General Liability insurance shall
be at least as broad as the following:
i. lnsurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
ii. Commercial General Liability lnsurance must include coverage
for the following:
a. Bodily lnjury and Property Damage
b. Personal lnjury/Advertising lnjury
c. Premises/Operations Liability
d. Products/Completed Operations Liability
e. Aggregate Limits that Apply per Project
b
f. Explosion, Collapse and Underground (UCX) exclusion
deleted
g. Contractual Liability with respect to this Contract
h. Broad Form Property Damage
i. lndependent Contractors Coverage
iii. The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion
for claims or suits by one insured against another; (3)
products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
iv. The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01 ,
or endorsements providing the exact same coverage.
v. The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to
written approval by the City, and provided that such deductibles
shall not apply to the City as an additional insured.
Automobile Liability
(1) At all times during the performance of the work under this
Agreement, the Contractor shall maintain Automobile Liability
lnsurance for bodily injury and property damage including coverage
for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(2) Coverage for automobile liability insurance shall be at least
as broad as lnsurance Services Office Form Number CA 00 01
covering automobile liability (Coverage Symbol 1, any auto).
(3) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status.
(4) Subject to written approval by the City, the automobile
liability program may utilize deductibles, provided that such
deductibles shall not apply to the City as an additional insured, but
not a self-insured retention.
Workers' Compensation/Employer's Liability
(1) Contractor certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every
employer to be insured against liability for workers' compensation
or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before
commencing work under this Agreement.
c.
(2) To the extent Contractor has employees at any time during
the term of this Agreement, at all times during the performance of
the work under this Agreement, the Contractor shall maintain full
compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement,
all in accordance with the "Workers' Compensation and Insurance
Act," Division lV of the Labor Code of the State of California and
any acts amendatory thereof, and Employer's Liability Coverage in
amounts indicated herein. Contractor shall require all
subcontractors to obtain and maintain, for the period required by
this Agreement, workers' compensation coverage of the same type
and limits as specified in this section.
Minimum Policy Limits Required
The following insurance limits are required for the Agreement:
Combined Sinqle Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000
aggregate for bodily injury, personal
injury, and property damage
$1,000,000 per occurrence for bodily
injury and property damage
$1,000,000 per occurrence
Automobile Liability
Employer's Liability
(1)
(2)
d
Defense costs shall be payable in addition to the limits
Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other
requirement, or a waiver of any coverage normally provided by any
insurance. Any available coverage shall be provided to the parties
required to be named as Additional lnsured pursuant to this
Agreement.
e. Evidence Required.
Prior to execution of the Agreement, the Contractor shall file with
the City evidence of insurance from an insurer or insurers certifying to the
coverage of all insurance required herein. Such evidence shall include
original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the
insurer's representative and Certificate of lnsurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of
insurance shall be signed by a properly authorized officer, agent, or
qualified representative of the insurer and shall certify the names of the
insured, any additional insureds, where appropriate, the type and amount
of the insurance, the location and operations to which the insurance
applies, and the expiration date of such insurance.
f. Policy Provisions Required. Contractor shall provide the City at
least thirty (30) days prior written notice of cancellation of any policy
required by this Agreement, except that the Contractor shall provide at
least ten (10) days prior written notice of cancellation of any such policy
due to non-payment of premium. lf any of the required coverage is
cancelled or expires during the term of this Agreement, the Contractor
shall deliver renewal certificate(s) including the General Liability Additional
lnsured Endorsement to the City at least ten (10) days prior to the
effective date of cancellation or expiration
g. The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Contractor's policy is primary
insurance and that any insurance, self-insurance or other coverage
maintained by the City or any named insureds shall not be called upon to
contribute to any loss.
h. The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Contractor shall maintain such coverage
continuously for a period of at least three years after the completion of the
work under this Agreement. Contractor shall purchase a one (1) year
extended reporting period A) if the retroactive date is advanced past the
effective date of this Agreement; B) if the policy is cancelled or not
renewed; or C) if the policy is replaced by another claims-made policy with
a retroactive date subsequent to the effective date of this Agreement.
i. All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in
favor of the City, its officials, officers, employees, agents, and volunteers
or shall specifically allow Contractor or others providing insurance
evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
j The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to
the limits of liability. Further the limits set forth herein shall not be
construed to relieve the Contractor from liability in excess of such
coverage, nor shall it limit the Contractor's indemnification obligations to
the City and shall not preclude the City from taking such other actions
available to the City under other provisions of the Agreement or law.
k. Qualifying lnsurers
(1) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following
minimum requirements:
(2) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:Vll and admitted
to transact in the business of insurance in the State of California, or
otherwise allowed to place insurance through surplus line brokers
under applicable provisions of the California lnsurance Code or any
federal law.
l. Additional lnsurance Provisions
(1) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Contractor, and any
approval of said insurance by the City, is not intended to and shall
not in any manner limit or qualify the liabilities and obligations
othenruise assumed by the Contractor pursuant to this Agreement,
including but not limited to, the provisions concerning
indemnification.
(2) lf at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with
these specifications or is canceled and not replaced, City has the
right but not the duty to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by
Contractor or City will withhold amounts sufficient to pay premium
from Contractor payments. In the alternative, City may cancel this
Agreement.
(3) The City may require the Contractor to provide complete
copies of all insurance policies in effect for the duration of the
Project.
(4) Neither the City nor any of its officials, officers, employees,
agents or volunteers shall be personally responsible for any liability
arising under or by virtue of this Agreement.
11. lndemnification.
To the fullest extent permitted by law, Contractor shall defend (with
counsel of City's choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of
any kind, in law or equity, to property or persons, including wrongful death, in
any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Contractor, its officials, officers, employees,
subcontractors, Contractors or agents in connection with the performance of the
Contractor's seryices, the Project or this Agreement, including without limitation
the payment of all damages, expert witness fees and attorney's fees and other
related costs and expenses. Contractor's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by Contractor, the City, its
officials, officers, employees, agents, or volunteers.
12. 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
13. Compliance with Law
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
14. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. lf any action is brought to interpret or enforce any term of this Agreement,
the action shall be brought in a state or federal court situated in the County of Orange,
State of California.
15. Third Party Riqhts.
Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than the City and the Contractor.
16. Equal Opportunity Emplovment.
Contractor represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, sex, age or other interests protected by the
State or Federal Constitutions. Such non-discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination.
17. Entire Aqreement.
This Agreement, with its exhibits, represents the entire understanding of City and
Contractor as to those matters contained herein, and supersedes and cancels any prior
or contemporaneous oral or written understanding, promises or representations with
respect to those matters covered hereunder. Each party acknowledges that no
representations, inducements, promises or agreements have been made by any person
which are not incorporated herein, and that any other agreements shall be void. This
Agreement may not be modified or altered except in writing signed by both Parties
hereto.
1B Severabilitv
The unenforceability, invalidity or illegality of any provision(s) of this Agreement
shall not render the provisions unenforceable, invalid or illegal.
19. Successors and
This Agreement shall be binding upon and shall inure to the benefit of the
successors in interest, executors, administrators and assigns of each party to this
Agreement. However, Contractor shall not assign or transfer by operation of law or
othenruise any or all of its rights, burdens, duties or obligations without the prior written
consent of City. Any attempted assignment without such consent shall be invalid and
void.
20. Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either
party, unless such waiver is specifically specified in writing.
21.Counteroarts and Facsim ile sionatures
This Agreement may be executed by the Parties in counterparts, which
counterparts shall be construed together and have the same effect as if all the Parties
had executed the same instrument. Counterpart signatures may be transmitted by
facsimile, email, or other electronic means and have the same force and effect as if they
were original signatures.
[src/vAruREs oN FoLLowtNG PAGEI
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND THE BOYS & GIRLS CLUBS OF GAPISTRANO VALLEY
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first written above.
City of San Juan Capistrano
A California municipal corporation
By:
BENJAMIN SIEGEI-
City Manager
Arresr
By:
MARIA MORRIS,
City Clerk
AppRoveo AS To Fonrr¡
JEFF BALLINGER,
City Attorney
The Boys & Girls Clubs of Capistrano
Valley.
By: