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1997-0701_BOYS & GIRLS CLUB OF CAPISTRANO VALLEY_Agreement To so )Q Q AGREEMENT FOR TEEN RECREATION PROGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUB OF CAPISTRANO VALLEY,INC. THIS AGREEMENT is made as of the 1 st day of July, 1997,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 teen recreation programs for middle school age youth at Marco Forster Middle School; 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 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 minimum 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, Smart 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. 1 \ SECTION 2. EQUIPMENT AND 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 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. 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. 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 specified under this Agreement. Contractor agrees that no recreational or community services programs may be offered under this Agreement which disrupt the educational program 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 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. 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. 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/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. 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 $351.42 per month,not to exceed$4,217 annually. City shall pay the amount due to Contractor per the City's payment schedule. Page 3 1 . 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 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. SECTION 17, INSURANCE AND INDEMNIFICATION. AND INDEMNIFICATION. 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 Page 4 i 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 JUAN CAPISTRANO By David M. Sv4rdlin,Mayor BOYS& GIRLS CLUB OF CAPISTRANO VALLEY, INC. By Jame L. Williams,Executive Director ATTEST: (I?k City Clerk APPROVED AS TO FORM: q : John R Shaw, City Attorney Page 5