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.�?�
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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