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19-0830_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_1st Amd to Professional Services Agreement i FIRST AMENDMENT TO CITY OF SAN JUANCAPISTRANO PROFESSIONAL SERVICES AGREEMENT WITH THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY THIS FIRST AMENDMENT ("First Amendment) TO Professional Services Agreement No. ("Agreement") is made on the `' day of August 2019, 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 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and the Boys & Girls Clubs of Capistrano Valley, a Youth Development Agency (A 501(c)(3) Corporation ("Contractor") City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. Pursuant to Section 17 of the Agreement, executed by the Parties on or about September 4, 2018, "This Agreement may not be modified or altered except in writing signed by both Parties hereto." Consequently, the Agreement is attached hereto and incorporated herein by reference, and is being amended as follows: 1. Section 6(a). "Term of Agreement," currently states: "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, 2019, 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)" Section 6(a) is hereby replaced in its entirety and amended to read as follows: "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, 2019, September 1, 2019 through June 30, 2020, and September 1, 2020 through June 30, 2021. The City Manager and the Contractor may agree in writing to two (2) additional ten (10) month extensions (September 1, 2021 to June 30, 2022, and September 1, 2022 to June 30, 2023)." 2. Section 7 "Facility Use," currently states: "7. Facility 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. In 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." Section 7 is hereby replaced in its entirety and amended to read as follows: "7. Facility 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 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. For Fiscal Years 2019-2023, the City Council granted a Fee Waiver therefore Contractor shall no obligation to pay the above referenced fee during Fiscal Years 2019-2023. c. In accordance with Administrative Policy No. 61, Contractor shall only use the City's gymnasium shall include basketball, volleyball, indoor soccer, and badminton. Any other • proposed uses much receive prior written approval from the Community Services Department." 3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full forceand effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. City of San Juan Capistrano The Boys & Girls Clubs of Capistrano A California municipal corporation Valley. B 0- , /AIL BY `rsNcv.�?� \- ‘ ,.)--%\- BEND: .( N S/'� L JAMES LITTLEJOHN, Citi Manager Executive Director ATTEST: ` . ByL -, RI- MA ORR S . City Clerk ' APPROVED AS TO FORM: By. 3 JEFF ALNER, City Attorney Attachment Professional Services Agreement with Boys & Girls Clubs of Capistrano Valley dated September 4, 2018