05-0923_BOYS & GIRLS CLUB OF CAPISTRANO VALLEY_Staff Memo* yz"
J
MEMORANDUM September 23, 2005
TO: John Shaw, City Attorney
FROM: Lindamu i Se ices Manager
SUBJECT: Typographical error — Boys and Girls Clubs of Capistrano Valley
Agreement
The City's agreement with the Boys and Girls Clubs of Capistrano Valley was approved
by City Council at their September 6, 2005 meeting in the amount of $91,780.
It has been brought to my attention that although the Council took action to approve the
$91,780, there is a typographical error on the actual agreement (see attached). The
agreement is for a term of ten (10) months and states that they will receive $9,182 per
month, not to exceed $9,182 annually.
Since Council took action to approve the $91,780, the agreement needs to match that
amount.
What action needs to be taken to correct this error? Yesterday afternoon Meg and I
spoke, and we're thinking it may not need to go to Council again, as their action was for
the $91,780. However, we know the agreement needs to be corrected in some manner.
Please provide direction regarding correcting this error. I can be reached at x 6390.
Thank you for your review of this matter.
SSP 2 3 2005
AGREEMENT
FOR AFTERSCHOOL RECREATION
BETWEEN CITY OF SAN JUAN CAPISTRANO AND
BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY
THIS AGREEMENT is made on the 6`" day of September 200,8; by and between
the CITY OF SAN JUAN CAPISTRANO, he/providing
y," and Boys &Girls
Clubs of Capistrano Valley, hereinafter calle
WITNE
WHEREAS, the City requir s afterschool recreation
programs for youth at the Boys & Gir I bsey,
NOW, THEREFORE, City and Contactor mutually agree as follows:
SECTION 1. Scopef ork.
The Contractor shall o ide/6 high quality, comprehensive, no fee after school
program for school age chitdtefli w ich is to include, but is not limited to the following:
Transporttions ices will be provided for children residing in the San
Juan EI m�ta School/Capistrano Villas neighborhoods. The Boys &
Girls Crabs of/Capistrano Valley will be picking children up at the San
Juan�*istr no Library and returning them at the corner of La Zanja and
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ram will be conducted Monday -Thursday immediately after
children ages seven through eighteen. Hours of operations will
b.m. to 8:00 p.m. during the school year with modifications for
hd minimum day school schedules. Friday hours are 2:00 p.m. to
6. with extended hours for teens until 10:00 p.m. Hours of
os during the summer will run from 12:30 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 participants must have a release of liability/waiver form on file.
0 Contractor to provide and fund transportation to and from local attractions
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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 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, 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 gym games according to age, and life sports.
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Participation in City wide events which include San Juan Summer
Nites, annual July 4th Celebration and Tree Lighting Ceremony.
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.
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 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. 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 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.
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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 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. 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, which would be $9,182.00 per month, not to exceed
$9,182.00 annually. City shall pay the amount due to Contractor per the City's payment
schedule. (September 2005 - June 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.
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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.
Fora period of ten (10) months, beginning September 2005, through June 2006.
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;
• 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
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To Contractor: James Littlejohn, Executive Director
Boys & Girls Clubs of Capistrano Valley
1 Via Positive
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.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
r art, —Mayor
BOYS AND GIRLS CLUB OF
CAPISTRANO VALLEY
By
James Littlejohn, ExecuOe Director
ATTEST:
R. Monahan, City Clerk
APPROVED AS TO FORM:
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John R. 16a44ty Attorney
C1My D=w tstC ly Council Meefts\Qty CoundhAgreemen s\Boys and Girls Club aWeemen12005 08 w addresses.doo