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04-0921_CAMP FIRE USA ORANGE COUNTY COUNCIL_AgrementAGREEMENT FOR AFTERSCHOOL RECREATION PROGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AND CAMP FIRE USA ORANGE COUNTY COUNCIL THIS AGREEMENT is made on the 215` day of September 2004, 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. • 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. SD 0 0 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 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, 2005, 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. 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. Page 2 0 0 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 2004 -June 2005) Each participant will pay to the Contractor $2 per day to participate in the afterschool program. Scholarships will be available through Contractor and City for children who 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. Page 3 0 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 22, 2004 through June 30, 2005. 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. 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: Page 4 'To City: � 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. ATTEST: R. Monahan, City Clerk John R. Shy , City Attorney Page 5 C•Irt�L•7 ���u1 q:L�:,A;&J [:71�C•; M Joe Sfito, Mayor CAMP FIRE USA ORANGE COUNTY COUNCIL By aL�K� Donna Fleming, Executive Director CM4y DocumentsWgenda\City CouncRAgreementstCampflre agreement 2004-05.doc 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Karen Crocker, Community Services Director FROM: Mitzi Ortiz, Deputy City Clerk DATE: June 1, 2005 SITUATION: At their meeting on September 21, 2004 the City Council of the City of San Juan Capistrano approved an Agreement with the Camp Fire USA Orange County Council to provide after school recreation programs. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2005. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: CA� cM (0 --?o _11:ib�- DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: . DATE SIGNED: 6 ' 0 - CS 'FOR CITY CLERK'S DEPARTMENT USE ONLY"' Tickler Date: 06/01/05 Deadline Date: 06/30/05 (600.301camp fire USA) 0 0 ACORD CERTIFICATE OF LIABILITY INSURANCE DAM /07/20o PRODUCER (949) 709-8800 FAX (949) 709-1668 Comprehensive Insurance Services 22342 Avenida Empresa Suite 200 RSM, CA 92688 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Camp Fire USA -Orange County Counc i I 14742 Plaza Drive, Ste 205 Tustin, CA 92780 INSURERA: STATE COMPENSATION INS, FUND INSURERS: INSURER C: INSURER D: INSURER E: ERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR hDD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ❑OCCUR MED EXP (Any one Permn) $ PERSONAL S ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ POLICY jEa LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea .c di s) $ BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per swdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN FAACC $ ANY AUTO AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR � CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND 1703497-04 07/01/2004 07/01/2005 X WC STATU- OTH- A EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes, descfibe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 OTXER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 10 DAY CANCELLATION NOTICE FOR NON-PAYMENT OF PREMIUM CITY OF SAN JUAN CAPISTRANO ATTN: DAWN SCHANDERI, DEPUTY CITY CLERK 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES THE EXPIRATION DATE THEREOF, ME ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TOME CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LWBILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Richard Eynon, CIC/KRISTY ACORD 25 (2001108) CACORD CORPORATION 1988 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAx www, sanjuancapistrano. org May 17, 2004 dwly, I IA(AAPAAAIEA DiAIOSYH 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Wz- WV -0 k Camp Fire USA Orange County Council 14742 Plaza Drive, Suite 205 Tustin, CA 92780 RE: Compliance with Insurance Reouirements — Afterschool Recreation Programs The following insurance documents are due to expire: ✓ General Liability Certificate 06/20/2004 �" �/ ✓ General Liability Endorsement Form naming the City of San Juan 11 Capistrano as additional insured. ✓ Automobile Liability Certificate 06/20/2004 ✓ Workers Compensation Certificate 07/01/2004 V, Please submit updateAdocumentation to the City of San Juan Capistrano, attention City Cle s o 1c 3240 eo Adelanto, San Juan Capistrano, CA 92675 by the above e it tii 4e9jlf/906 have any questions, please contact me at (949) 443-6309. Secretary cc: Karen Crocker, Community Services Manager �IZ'0 VA Jl 41 J �kl n P t San Juan Capistrano: Preserving the Past to Enhance the Future i ACORQM CERTIFICATE OF LIABILITY INSURANCE 06/30/20o PRODUCER (949) 709-8800 FAX (949)/U9-1668 Comprehensive Insurance Services 22342 Avenida Empresa Suite 200 RSM, CA 92688 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Camp Fire USA -Orange County Council 14742 Plaza Drive, Ste 205 Tustin, CA 92780 INSURERA: MARKEL INSURANCE COMPANY INSURER B: INSURERC: NSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ITR NDVI. NARETYPE OF IN POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMBS GENERAL LIABILITY 8502CY243262-2 07/12/2004 07/12/2005 EACH OCCURRENCE $ 1,000,000 DAMAGETORENTED $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX-] OCCUR MED EXP (Any one Person) $ 5 , OQ PERSONA_ &ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 3,000,00 POLICY jEa LOC AUTOMOBILE LIABILITY 1002CY243263-2 07/12/2004 07/12/2005 COMBINED SINGLE LIMIT X ANY AUTO $ (Ea dWdent) 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULEDAUTOS (Per person) A HIRED AUTOS BODILY INJURY $ NON-0WNED AUTOS (Per as enl) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - FA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE E OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ WC STATLL OTH- WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS be. E.L. DISEASE -POLICY LIMIT I S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER ATTACHED CG2026 *EXCEPT 10 DAYS FOR NON-PAYMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF SAN JUAN CAP I STRANO *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT ATTN: DAWN SCHANDERI, DEPUTY CITY CLERK BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 PASEO ADELANTO OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. SAN JUAN CAPISTRANO, CA 92675 AUTHORIZEDREPRESENTATIVE Richard Eynon, CIC/KRISTY�•!' ACORD 25 (2001108) ©ACORD CORPORATION 1988 ACORgRI CERTIFICATE19F INSURANCE IBSUE DATE IMM/DD/YY) 07-23-2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Markel Insurance Company P.O. BOX 3870 NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Glen Allen, VA 23058-3870 CODE SUB-CODE COMPANY LETTER A MARKEL INSURANCE COMPANY COMPANY B LETTER INSURED COMPANY C Camp Fire USA Orange County Council 14742 Plaza Dr. #205 LETTER COMPANY D Tustin, CA 92680 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY Co TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YY) POLICY EXPIRATION DATE IMM/DDNY) LIMITS A GENERAL LIABILITY GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OPS AGGREGATE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR, 8502CY243262-2 07-12-2004 07-12-2005 PERSONAL & ADVERTISING INJURY S 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNERS & CONTRACTOR'S PROT. FIRE DAMAGE (Any one fire) $ 100,000 MEDICAL EXPENSE (Any one person) a 5,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE S LIMIT BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (Per accident) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE b AGGREGATE 8 UMBRELLA FORM OTHER THAN UMBRELLA FORM !ti"iii tP:Op STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT 8 AND DISEASE - POLICY LIMIT S EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE 8 A OTHER Property 8502CY243262-2 07-12-2004 1 07-12-2005 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Certificate holder is included as additional insured for operations conducted by the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of San Juan Capistrano MAIL 1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION 32400 Paso A Delano OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR San Juan Capistrano, CA 92675 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE . /L Bruce A. Kay ELE (c) ACORD CORPORATION 1990 A O 25-S(7/90) E 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org September 29, 2004 Donna Fleming, Executive Director Camp Fire USA Orange County Council 14742 Plaza Drive, Suite 205 Tustin, CA 92780 Dear Ms. Fleming: MEMBERS OF THE CIN COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Enclosed is an executed, original Agreement related to after-school recreation programs. It was approved by the City Council on September 21, 2004. Thank you for providing current documentation confirming compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the Project Manager, Karen Crocker, Community Services Manager (949) 443-6389. Yours truly, G Mi i Or Deputy City Clerk enclosed: Agreement cc: Karen Crocker, Community Services Manager AI King, Jr., Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 AGENDA REPORT TO: Dave Adams, City Manager0k FROM: AI King, Jr., Community Services Director • 9/21/2004 D10 SUBJECT: Consideration of Agreement for Afterschool Recreation Programs (Camp Fire USA Orange County Council) RECOMMENDATION: By motion, approve the agreement with Camp Fire USA Orange County Council in an amount not to exceed $50,400 to provide afterschool recreation programs forthe period of September 22, 2004, through June 30, 2005. SITUATION: A. Summary & Recommendation Due to program success & participant satisfaction with Camp Fire USA Orange County Council, staff is recommending that the City of San Juan Capistrano continue to contract with the organization for afterschool program services for the period of September 22, 2004, through June 30, 2005. The Camp Fire USA Orange County Council will continue to provide a two-hour afterschool program at Ambuehl & San Juan elementary schools. Activities will include arts & crafts, cooking, games, science & nature, music, theater, tutoring, & special events. Enrichment programs will also consist of safety, health & nutrition, family responsibility, peer relationships, child care training, tobacco use prevention, literacy & community projects. The afterschool programs at each site will be called the "Rising Stars." The Camp Fire USA Orange County Council will also modify their program hours to accommodate minimum -day schedules at each school site. Anticipated attendance at Ambuehl Elementary is 75-100 per day & San Juan Elementary is 30-40 per day. B. Background The City of San Juan Capistrano has been contracting with Camp Fire USA Orange County Council since the 1997-98 school year. The Camp Fire USA Orange County Council has been providing afterschool programs for elementary age children at Ambuehl & San Juan Elementary schools. • 0 Agenda Report Page 2 September 21, 2004 There has been a significant increase in participation levels at both elementary schools since contracting for afterschool services, which began in July 1997. At this time, staff does not know what the attendance figures will be at San Juan Elementary School; however, we are anticipating an increase in attendance at the site due to the school no longer receiving grant funds to continue their tutorial program. Staff will be monitoring the attendance figures within the next few months. COMMISSION/BOARD REVIEW, RECOMMENDATION: This item will be presented to the Parks, Recreation & Equestrian Commission at their meeting of September 20, 2004, as information only. FINANCIAL CONSIDERATIONS: The Community Services Department currently has $50,400 approved in the FY 2004-05 General Fund budget for this afterschool contract program. NOTIFICATION: Ms. Donna Flemming, Executive Director' Camp Fire USA Orange County Council Ms. Shele Tamaki, Principal* Ambuehl Elementary School `Agenda Report Included RECOMMENDATION: Ms. Silvia Pule, Principal' San Juan Elementary By motion, approve the agreement with Camp Fire USA Orange County Council in an amount not to exceed $50,400 to provide afterschool recreation programs forthe period of September 22, 2004, through June 30, 2005. Respectfully submitted, �t� Al King, Jr. Community Services Director AK:KC:de P ared�y, Karen Crocker Community Services Manager Attachments: 1. Location Map 2. Agreement for Afterschool Recreation Program between the City of San Juan Capistrano & Camp Fire USA Orange County Council 0 01 San JLO�Pistrano MOWN A Site I 5CAM,N,O LASW&PS ATTACHMENT 1 0 AGREEMENT FOR AFTERSCHOOL RECREATION PROGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AND CAMP FIRE USA ORANGE COUNTY COUNCIL THIS AGREEMENT is made on the 215' day of September 2004, 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. • 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. ATTACHMENT 0 0 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. AccidenUlncident 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, 2005, 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. 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. Page 2 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 2004 -June 2005) Each participant will pay to the Contractor $2 per day to participate in the afterschool program. Scholarships will be available through Contractor and City for children who 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. Page 3 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 22, 2004 through June 30, 2005. 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. 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: Page 4 To City: fn: Community Services Director. amity 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO a Joe Soto, Mayor CAMP FIRE USA ORANGE COUNTY COUNCIL By� Donna Fleming, Executive Director ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. SOV City Attorney Page 5 CAMy DocumentMAgenda\City CoundhAgreements\Camp&S agreement 2004-05.doc • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493-1053 FAx www sanluancaplstrano. org September 22, 2004 m1961ll L tslalusxlo �'��� 1161 • MEMBERS OF THE CITY COUNCIL SAM DIANE LEVATO DIANE • L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On September 21, 2004 the City Council of San Juan Capistrano met regarding: "Consideration of Agreement for Afterschool Recreation Programs (Camp Fire USA Orange County Council)" Item No. D10. The following action was taken at the meeting: Agreement with Camp Fire USA Orange County Council, in an amount not to exceed $50,400, to provide after school recreation programs for the period of September 22, 2004 through June 30, 2005 approved. The following documents are in the process of being executed: Agreement. If you have any questions regarding this action, please contact Karen Crocker, Community Services Manager at 443-6389 for more detailed information. Thank you, Midi 0 - Deputy City Clerk Cc: Donna Flemming, Camp Fire USA Orange County Council* Shele Tamake, Ambuehl Elementary School*; Silvia Pule, San Juan Elementary*; Al King, Jr., Community Services Director; Karen Crocker, Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www. sanjuancapls[rano. org MEMBERS OF THE CITY COUNCIL SAM ALLEVATO !1V DIANE L. THGATE W VATT HARART JOE SOTO 0-mIAR1 DAVID M. SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 21, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of Agreement for Afterschool Recreation Programs (Camp Fire USA Orange County Council)" — Item No. D10 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, September 20, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Karen Crocker, Community Services Manager. You may contact that staff member at (949) 443-6389 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.ora. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasCcDsanivancaaistrano.org. Meg Monahan, CMC City Clerk cc: Donna Flemming, Camp Fire USA Orange County Council* Shele Tamake, Ambuehl Elementary School*; Silvia Pule, San Juan Elementary*; Al King, Jr., Community Services Director; Karen Crocker, Community Services Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future