10-0907_BOYS & GIRLS CLUB OF CAPO VALLEY_D16_Supplementary Agenda Report9/'712010
TO: Joe Tait, City Manage .�
FROM. Karen Crocker, Community Services Director
SUBJECT: Consideration of CaIGRIP Agreements, Between the City of San Juan
Capistrano and Pepperdine University, Bays & Girls Clubs of Capistrano
Valley, and Big Brothers Big Sisters of Orange County
I a *010iin1614gI ffAlisT�l
By motion, approve the Agreements between the City of San Juan Capistrano and
Pepperdine University, Boys & Girls Clubs of Capistrano Valley, and the Big Brothers
Big Sisters of Orange County.
SITUATION:
Attached is a revised title change to the agreement between the City and the Boys &
Girls Clubs of Capistrano Valley.
FINANCIAL CONSIDERATIONS:
None
Respectfully submitted,
Karen Crocker
Community Services Director
Attachment: 1, Revised Buys & Girls Clubs of Capistrano Valley License Agreement
AGREEMENT
FOR BEFORE SCHOOL GRIP CARE RECREATION PROGRAMS
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
BOYS
L:.. CLUBS M' F VALLEY
THISAGREEMENT is made on the 7 1h 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 before school care for
children in 6", 7h and 8{h grades who attend Marco Forster Middle School in San Juan
Capistrano,
NOW, THEREFORE, City and Contractor mutually agree as follows;
Section 1. Scope of Work.
The Contractor agrees to provide a high quality, comprehensive, before school care
program for students attending Marco Forster Middle School in San Juan Capistrano as
described in Exhibit "A."
Section 2. Eft uiprnent and Supplies.
Contractor will supply all equipment and supplies needed to conduct the before
school care program.
Section 3. Accidentlincident 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 Re.Rorts.
Contractor shall provide the City, through the GRIP committee, reports, which are
due as part of the CALGRIP reporting requirement,
Section 5. Iris ection of Records.
City may,review and inspect Contractor's accounting records related to the Program
provided pursuant to this Agreement, Without prejudice to any other provisions of this
Agreement, Contractor shall, where applicable; maintain the confidential nature of
information provided to it concerning participants in accordance with the requirements of
federal and state law. However, Contractor shall submit to City or it representatives, all
records requested, including audit, examinations, monitoring and verifications of reports
Page I ATTACHMENT I
submitted by Contractor, costs incurred and services rendered hereunder.
Section 6. 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
GRIP, community, Commission, or City Council meetings as requested by the City.
Section 7. 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 8. Compliance with Law;E-lien .
8.1. Compliance with Law
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
8.2. 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 h, ftp:0 wvr vy uscis.gov, or
access the registration page at ft_ fr)s:/lwww.vis-dhs.com/g=1 istrqion. 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.
Section 9. Employee and Volunteer Training/Background Chegksil hcai.
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.
Page 2
Section 10. 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 sander this Agreement. Contractor shall invoice City on a monthly
basis for services rendered, not to exceed $100,612 per the GRIP grant funds, Upon
Contractor's invoice, City shall pay the amount due to Contractor $5,589 per month
between September 2010 — March 2012.
Section 11. Retention of Funds,
City may withhold payment to Contractor to compensate City for any lass, cast,
liability or damage suffered by City due to default of Contractor in the performance of
services required.
Section 12. Term of Agreement.
This agreement shall be in effect for a period of eighteen (18) months, beginning
September 7, 2010 through March 31, 2012. 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 13. 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.
Contractor shall indemnify, defend, and hold harmless the City and its officers and
employees against all liabilities or claims of liabilityor 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 3
Section 14. 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 9.2675
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 PACE TO FOLLOW]
im
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
M
Dr. Londres Uso, Mayor
BOYS & GIRLS CLUBS OF CAPISTRANO
VALLEY
LO -M
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
Page 5
James Littlejohn, Executive Director
EXHIBIT "A"
Project Overview and Scope of Work
Boys & Girls Clubs of Capistrano Valley will provide one (1) program. coordinator and three
(3) program aides to provide the GRIP Care Program which is'a before school program.
The program will be offered for a ten (10) month program during school session
« Contractor to provide facility and program supplies
The program is for children in grades sixth, seventh and eighth who attend Marco
Forster Middle School
® Program to operate from 7:00 a.m.-8:30 a.m., Monday through Friday, with
extended hours until 9:30 a.m. on Tuesdays
a Provide before school activities under adult supervision
Promote socialization and interpersonal skills, self-esteem andself confidence
0 Provide homework assistance to participants -