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03-0916_CAMP FIRE USA ORANGE COUNTY COUNCIL_AgreementAGREEMENT FOR AFTERSCHOOL RECREATION PROGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AND CAMP FIRE USA ORANGE COUNTY COUNCIL THIS AGREEMENT is made on the 16'" day of September 2003, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and CAMP FIRE USA 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. • C1 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. AccidenVincident 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 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. Contractor to provide an end of the year evaluation due by July 1, 2004, to include measurable outcomes of program. SECTION 5. Site Visits. The City shall have the right to visit a program site at anytime 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. Page 2 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 $5,040.00 per month, not to exceed $50,400.00 annually. City shall pay the amount due to Contractor per the City's payment schedule. (September 2003- June 2004) Each participant will payto the Contractor $2 per day to participate in the afterschool program. Scholarships will be available through Contractor and City for children who Page 3 0 0 cannot afford to pay $2 per day. No child will be turned away from program participation due to ability not to pay. The payment of $2 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 ten (10) months, beginning September 17, 2003 through June 30, 2003. 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. Page 4 0 0 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. 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: Attn: Community Services Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Contractor: Attn: Donna Fleming, Executive Director Camp Fire USA Orange County Council 14742 Plaza Drive, Suite 205 Tustin, CA 92780 SECTION 20. 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. Page 5 0 0 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAMP FIRE USA ORANGE COUNTY COUNCIL By Z�v Donna Flemii , Executive Director ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: 1k===' - John R. Shaw, City Aft6rhey C'.\MyFilea�Q.da %em -Ay Cmn-MWreerte %\COr ,e ag,eemen12003-04.wptl 0 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) sysvly sanjuancapistrano. org October 16, 2003 IPBPAPIAIII • nunnnl � 1961 1776 Donna Fleming, Executive Director Camp Fire USA Orange County Council 14742 Plaza Drive, Ste 205 Tustin, CA 92780 Dear Ms. Fleming: MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN INTERIM CITY MANAGER PAMELAGIBSON A fully executed, original Personal Services Agreement related to providing after school recreation programs for elementary age children at Ambuehl Elementary and San Juan Elementary schools is enclosed. Thank you for forwarding current evidence of insurance as required by the agreement. Please keep in mind that this documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Karen Crocker, Community Services Manager (949) 443-6389. Thank you, Meg k a�n—CMC /Aer City erk cc: �Kareyi Crocker, Community Services Manager; At King, Jr., Community Services omw us¢ San Juan Capistrano: Preserving the Past to Enhance the Future is