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05-0906_BOYS & GIRLS CLUB OF CAPISTRANO VALLEY_Agreement• • AGREEMENT FOR AFTERSCHOOL RECREATION BETWEEN CITY OF SAN JUAN CAPISTRANO AND BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY Amended 9/2812004, per City Council Action on 9/6/2005 THIS AGREEMENT is made on the 6th day of September 2005, 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 after school program for school age children which 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 eighteen. Hours of operations will be 2:00 p.m. to 8:00 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. Page 1 SD • Contractor to 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. • 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's as well as other's cultures. Programs included, but are not limited to are: 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, drop in gym games according to age, and life sports. Page 2 E Participation in City wide events which include San Juan Summer Nites, annual July 4th Celebration and Tree Lighting Ceremony. 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 first day of each month. 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 30, 2005, 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 at no charge during a two (2) hour period each week day to provide a youth sports program that is open to all San Juan Capistrano youth. This program is funded by City and provided by Contractor. Page 3 9 0 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 1:35. 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. 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, which would be $9,182.00 per month, not to exceed $91,820.00 annually. City shall pay the amount due to Contractor per the City's payment schedule. (September 2005 - June 30, 2006) 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. Page 4 9 SECTION 15. Refunds. E 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 Aureement For a period of ten (10) months, beginning September 2005, through June 2006. 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 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 indemnity, 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. 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 Page 5 • 0 To Contractor: James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley 1 Via Positiva San Juan Capistrano, CA 92675 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 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 By A /.��►/ i. -Wyatt& BOYS AND GIRLS CLUB OF CAPISTRANO VALLEY By���\ cl�tiw James Littlejohn, Execu0e Director R. Monahan, City Clerk AS TO FORM: Page 6