01-1016_CAMP FIRE BOYS & GIRLS, ORANGE COUNTY COUNCIL_AgreementAGREEMENT
FOR AFTERSCHOOL RECREATION PROGRAM
BETWEEN CITY OF SAN JUAN CAPISTRANO AND
CAMP FIRE BOYS & GIRLS, ORANGE COUNTY COUNCIL
THIS AGREEMENT is made on the 16th day of October 2001, by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and CAMP FIRE BOYS &
GIRLS, ORANGE COUNTY COUNCIL, hereinafter called "Contractor."
WITNESSETH
WHEREAS, the City requires services for providing afterschool recreation programs
for elementary age children at Ambuehl Elementary and San Juan Elementary Schools
within the City of San Juan Capistrano;
NOW, THEREFORE, City and Contractor mutually agree as follows:
SECTION 1. SCOPE OF WORK.
The contractor shall provide a quality afterschool program for boys and girls in
grades K-5, a comprehensive program which is to include, but is not limited to, the
following:
The program is to be held Monday -Friday, immediately after school for a
minimum of two 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 recreational games, nutritional life skills,
theater, music, dance, cooking, arts & crafts, special events, tutoring,
science and nature. Enrichment programs such as safety, health and
nutrition, family responsibility, peer relationships, child care training, tobacco
use prevention, understanding literacy 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 for each site.
• 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.
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 ten (10)
days priorto 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. Contractor to provide an end of the year
evaluation due by June 28, 200, to include measurable outcomes of program.
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 specified under this Agreement. Contractor agrees that no
recreational or community services programs may be offered under this Agreement which
disrupt the educational program on any facility. The City will assist the Contractor for
securing the Capistrano Unified School District facilities for program sites. The Contractor
will be responsible for the daily operations of utilizing the school district facilities in regards
to opening and securing facilities and keeping the premises and area of program site free
of trash and debris as a result of program participants and corresponding and building
relationships with school personnel.
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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 1:20. 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.
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 $5,600.00 per month, not to exceed
$50,400.00 annually. City shall pay the amount due to Contractor per the City's payment
schedule. (October 2001 - June 2002)
Each participant will pay to the Contractor $1 per day to participate in the afterschool
program. Scholarships will be available through Contractor and City for children who
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cannot afford to pay $1 per day. No child will be turned away from program participation
due to ability not to pay.
The payment of $1 per day per participant will enable the Contractor to fund for
additional staff and supplies to accommodate an unlimited number of participants.
SECTION 14. SUPPLEMENTAL FUNDING.
In addition to funding received from the City under the terms of this Agreement,
Contractor agrees to fund additional expenses for specialized instruction costs and an
expanded enrichment program, which supplement the basic program offerings.
SECTION 15. 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 16. 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 17. TERM OF AGREEMENT.
For a period of nine (9) months, beginning October 16, 2001 through June 30, 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.
SECTION 18. INSURANCE AND INDEMNIFICATION.
Contractor shall submit to the City:
• A certificate of general liability insurance naming the City and Capistrano
Unified School District 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.
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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 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 shalt not acquire any interest, direct or indirect, which could
conflict in any manner or degree with the faithful performance of this project.
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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
BY
Wyatt rt, Mayor
CAMP FIRE BOYS & GIRLS,
ORANGE COUNTY COUNCIL
ATTEST:
AiJerk
APPROVED AS TO FORM:
John R. S w, City Attorney
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