01-1016_BOYS & GIRLS CLUB OF CAPISTRANO VALLEY_AgreementAGREEMENT
FOR AFTERSCHOOL RECREATION
BETWEEN CITY OF SAN JUAN CAPISTRANO AND
BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, INC.
THIS AGREEMENT is made on the 16th day of October, 2001, 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 afterschool recreation programs
for youth at the Boys & Girls Club EI Camino Real site and the Via Positiva site;
NOW, THEREFORE, City and Contractor mutually agree as follows:
SECTION 1. SCOPE OF WORK.
The Contractor shall provide a high quality, comprehensive, no fee afterschool
program for boys and girls, ages 7-18, which is to include, but is not limited to, the
following:
EI Camino Real Site
• The program is to be held Monday -Friday at the club facility, immediately
after school for a minimum of six hours each day; hours of operation to be
modified to minimum day and holiday and school schedules.
• Provide alternative program activities during inclement weather.
• Program components to include homework clubs and tutoring, arts & crafts,
excursions, holiday events, table games, movies, sports and fitness,
computer lab, specialty clubs and community projects.
• 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 daily attendance.
• All participants need to have a release of liability/waiver form on file.
• Provide and fund transportation to and from local attractions and events.
City vehicles can be used upon availability, pending City approval and
Contractor's drivers meet City criteria for driving a City vehicle.
Via Positiva Site
• The program is to be held Monday -Friday at the Via Positiva site,
immediately after school. Each program component will be two hours each
day; hours of operation to be modified to minimum day and holiday and
school schedules. Leadership in training hours will vary depending on
activity.
• Provide alternative program activities during inclement weather.
• Program will be geared to participants in grades first through twelve.
• 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 daily attendance.
• All participants need to have a release of liability/waiver form on file.
• Program components to include a Leadership in Training Program,
Afterschool Recreational Sports and Fitness Program and Power Hour.
Leadership in Training Program
Goal: Develop leadership skills and to prepare youth ages 11-15 with job
preparedness skills and career exploration.
Services to include:
1. Conduct workshops focusing on oral communications, exploring work values
and ethics, active listening, identifying personal skills, conflict resolution,
respecting others differences, hygiene and grooming, positive image, howto
interview, completing job applications and proper use of the telephone.
2. Operate a junior leader program utilizing the above mentioned skills.
3. Junior leaders to participate in Community Services projects such as beach
cleanup, senior citizen visits, City and Boys and Girls Club special functions.
4. Include an incentive program that consists of rewards, such as pizza parties
and special outings and awards.
5. Invite local businesses to make business presentations for career choices.
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Recreational Sports and Fitness
Goal: Provide a non-competitive afterschool school sports and fitness program for
both elementary and middle school aged youth.
Services to include:
Conduct sports clinics that focus on skill building for a variety of sports.
Sports will include, but not limited to, basketball, volleyball, badminton,
rollerhockey, soccer, softball and football.
2. Fitness and exercise programs will be incorporated on a weekly basis
3. Afterschool Recreation Sports and Fitness Program will be offered
Monday—Friday for a two (2) hour duration.
4. Activities will be designed so that everyone plays and participates in a
non-competitive atmosphere.
5. Contractor to arrange for guest speakers to make presentations and teach
skill development.
Project Learn
Goal: a supplemental education program designed to assist youth in achieving
academic success for youth in grades first through twelve.
Services to include:
Staff and volunteers to assist youth complete daily school assignments in a
positive environment.
2. Youth are taught computer skills such as computer orientation, word
processing, spreadsheets and introduction to the Internet.
3. Program to include educational enhancement activities such as a summer
reading program, sign language training, environmental education activities
and a journalism writing club.
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
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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. Contractorto provide an end of the yearevaluation
due by June 28, 2002, 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.
Neither the City nor the Contractor shall charge any facility cost or fee to the other
party for use of the facilities for specified programs under this Agreement.
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 1:20. 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.
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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 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 $7,980.00 per month, not to exceed
$71,820.00 annually. City shall pay the amount due to Contractor per the City's payment
schedule. (October 2001 - June 2002)
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 nine (9) months, beginning October 16, 2001, through
June $0, 2002. 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.
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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. 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.
C \MyFilesVWmin PoliclesWoys a GWs CWb agre men12001 02.wpd
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
1'4art, Ma
yor
BOYS & GIRLS CLUB OF CAPISTRANO
VALLEY, INC.
By
James Littlejohn, Exe tive Director
ATTEST:
l2�
ity Jerk
APPROVED AS TO FORM:
John R haw, City Attorney
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