07-0701_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_Agreement0
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AGREEMENT
FOR AFTERSCHOOL RECREATION
BETWEEN CITY OF SAN JUAN CAPISTRANO AND
BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY
THIS AGREEMENT is made on the 1st day of July 2007, by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and Boys & Girls Clubs of
Capistrano Valley, hereinafter called "Contractor."
WITNESSETH
WHEREAS, the City requires services for providing afterschool recreation
programs for youth at the Boys & Girls Clubs of Capistrano Valley,
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 school age children that is to include, but is not limited to the following:
• Transportation services will be provided for children residing in the San
Juan Elementary School/Capistrano Villas neighborhoods. The Boys &
Girls Clubs of Capistrano Valley will be picking children up at the San
Juan Capistrano Library and returning them at the corner of La Zanja and
Camino Capistrano.
• The program will be conducted Monday -Thursday immediately after
school for children ages seven through nineteen. Hours of operations will
be 2:00 p.m. to 6:00 p.m. during the school year with modifications for
holiday and minimum day school schedules. Friday hours are 2:00 p.m. to
6:00 p.m., with extended hours for teens until 10:00 p.m. Hours of
operations during the summer will run from 12:30 p.m. to 6:00 p.m.
• Advertise the program activities through media releases.
Provide a monthly calendar of daily and special events to participants.
• Keep records of daily attendance.
• All participants must have a release of liability/waiver form on file.
• Contractor to provide and fund transportation to and from local attractions
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and events. City vehicles can be used upon availability, pending City
approval and Contractor's drivers meet City criteria for driving a City
vehicle.
Program components will include Boys & Girls Club of America six core
service areas: Health & Life Skills, Character & Leadership Development,
Education & Career Development, Technology, The Arts, and Sports,
Fitness & Recreation.
➢ Health & Life Skills develops young people's capacity to engage in
positive behaviors that nurture their own well-being, set personal goals
and develop the competencies to live successfully as self sufficient
adults. Programs falling under Health & Life Skills include, but are not
limited to: SMART Moves, SMART Kids, and Crest Club.
➢ Character & Leadership Development empowering youth to support
and influence their Club and Community, sustaining meaningful
relationships with others, developing a positive self image, participating
in the democratic process, and respecting their and other cultures.
Programs included, but are not limited to: Keystone, Torch Club,
Youth of the Year, and SMART Girls.
➢ Education & Career Development enabling youth to become proficient
in basic education disciplines and applying learning to everyday
situations. Programs include, but are not limited to: Ultimate Journey,
Ultimate Oceans, Sea Tech, homework assistance and educational
games.
➢ Technology helping youth to embrace technology, optimize
employability, research, and higher standards of living. Programs
include, but are not limited to: Lego Robotics, computer proficiency
classes and Internet Classes.
➢ The Arts developing creativity and cultural awareness through
knowledge and appreciation of visual and tactile arts and crafts.
Programs include, but are not limited to: talent shows, art exhibits,
and daily craft projects.
➢ Sports, Fitness & Recreation developing fitness, positive use of leisure
time, skills for stress management, appreciation for the environment
and social and interpersonal skills. Programs include, but are not
limited to: sports leagues and clinics, intramural leagues, gym games
according to age, and life sports during the afterschool program.
➢ Participation in City wide events which include San Juan Summer
Nites, annual July 4th Celebration and Tree Lighting Ceremony.
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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 on
the fifth working day of each month, including June 2008. Reports should include, but
are not limited to, attendance records, monthly calendar of events, special activities and
accomplishments. Contractor will provide an end of the year evaluation due by June 1,
2008, 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.
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 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.
As part of this agreement the Contractor will receive use of the gymnasium during
a four (4) hour period each week day to provide a youth sports program for a non -fee
based Boys & Girls Clubs of Capistrano Valley program. This program is funded by City
and provided by Contractor.
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Contractor shall have use of the City gymnasium during the week from 2:00 —
6:00 pm. The exceptions to this shall be (a) when the City notifies the contractor of a
City program that will make use of the gymnasium during these hours, and (b) two days
per week from 3:15 — 5:00 pm for the Club at the Hub afterschool recreation program
that the City offers in conjunction with Marco Forster Middle School. The City shall
determine which two days of the week this program shall be offered.
In accordance with Administrative Policy No. 613, the only approved uses of the
City's gymnasium shall include basketball, volleyball, indoor soccer, and badminton. Any
other proposed uses must receive prior written approval from the Community Services
Department.
SECTION B. 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 1:35. 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 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.
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SECTION 13. Payment Schedule.
Contractor shall maintain sufficient accounting records, timecards, 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, not to exceed $91,820 annually. City shall pay the amount
due to Contractor per the City's payment schedule. (July 1, 2007 - June 30, 2008)
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. Term of Agreement
This agreement shall be in effect for a period of twelve (12) months, beginning
July 1, 2007, through June 2008. 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 16. 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.
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SECTION 17. 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: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Community Services Director
To Contractor: James Littlejohn, Executive Director
Boys & Girls Clubs of Capistrano Valley
1 Via Positiva
San Juan Capistrano, CA 92675
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first hereinabove written.
APPROVED AS TO FORM:
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John R. Shaw, City Attorney
CITY OF •
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Sam _..Mayor
BOYS AND GIRLS CLUBS OF
CAPISTRANO VALLEY
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James Littlejohn, Executive irector