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06-0905_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 5`" day of September 2006, 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. ME E E All participants need to have a release of liability/waiver form on file. These forms are to state that the City, Contractor, and Capistrano Unified School District are indemnified and held harmless from liability/claims/damages resulting from participation. 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 shah 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 by the third (3`d) working day of the following 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 31, 2007, 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. Contractor agrees that no recreational or community services programs may be offered under this Agreement which disrupt the educational program of any facility. The City will assist the Contractor with 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 area of program site free of trash and debris. Page 2 0 0 The City will not charge Contractor for use of City buildings managed by the Community Services Department used during regular business hours. Use of City buildings before/after hours will be subject to charges for City staff supervision of site. All staff expenses for set-up/take-down will be the responsibility of the Contractor. 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 1:20. 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. Page 3 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 2006 -June 2007) Each participant will pay to the Contractor up to $2 per day to participate in the afterschool program. Scholarships will be available through Contractor and/or City for children who cannot afford to pay up to $2 per day. No child will be turned away from program participation due to ability not to pay. The payment of up to $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 2006 through June 2007. 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. Page 4 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: To City: Attn: Karen Crocker, Community Services Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Contractor: Attn: Nav Deol, Executive Director Camp Fire USA Orange County Council 14742 Plaza Drive, Suite 205 Tustin, CA 92780 Page 5 0 0 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 By (L reZ;12,�� David M. Sw rdlin, Mayor CAMP FIRE USA ORANGE COUNTY COUNCIL By IVa Nav Deol, Exec tive Director ATTEST: APPROVED AS TO FORM: q 71 \�� John R. Sh w, Attorney C:WIy DocumentsWl-City Council Meetings\Agenda Reports\06-0905\Campfireagrrnnt0607.doc Page 6 0 AGENDA REPORT TO: Dave Adams, City Q� Manager�N' . FROM: Karen Crocker, Community Services Director 11 9/5/2006 D16 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 for the period of September 2006 through June 2007. SITUATION: A. Summary & Recommendation Staff is recommending that the City of San Juan Capistrano continue to contract with Camp Fire USA Orange County Council for afterschool program services for the period of September 2006 through June 2007. 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. There has been a significant increase in participation at both school sites since its inception in 1997. Throughout the term of this agreement, Camp Fire USA Orange County Council will continue to provide a two-hour afterschool recreation 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 60 per day. 0 Agenda Report Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATION: September 5, 2006 This item was presented to the Parks, Recreation and Equestrian Commission at their meeting on August 21, 2006. The Commission voted to forward to City Council a recommendation of approval for this agreement. FINANCIAL CONSIDERATIONS: The Community Services Department currently has $50,400 approved in the FY 2006-2007 General Fund budget for this afterschool contract program. NOTIFICATION: Ms. Nav Deol, Executive Director" Camp Fire USA Orange County Council Ms. Michelle Pelliccino, Associate Director, After School Programs' Camp Fire USA Orange County Council `Agenda Report Included RECOMMENDATION: Ms. Silvia Pule, Principal" San Juan Elementary Ms. Shele Tamaki, Principal' Ambuehl Elementary School 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 for the period of September 2006 through June 2007. Respectfully submitted, Karen Crocker Community Services Director Prepared by, Lin a Evans Community Services Manager Attachments: 1. Agreement for Afterschool Recreation Program between the City of San Juan Capistrano & Camp Fire USA Orange County Council 2. Location Map P.1Commundy Services\CS ShereMCIT COUNCIL\CCW-OW5Wruoempfira2W dac AGREEMENT FOR AFTERSCHOOL RECREATION PROGRAM BETWEEN CITY OF SAN JUAN CAPISTRANO AND CAMP FIRE USA ORANGE COUNTY COUNCIL THIS AGREEMENT is made on the 5th day of September 2006, 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. Attachment 1 0 0 All participants need to have a release of liability/waiver form on file. These forms are to state that the City, Contractor, and Capistrano Unified School District are indemnified and held harmless from liability/claims/damages resulting from participation. 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 by the third (3'd) working day of the following 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 31, 2007, to include measurable outcomes of program. SECTION S. 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. Contractor agrees that no recreational or community services programs may be offered under this Agreement which disrupt the educational program of any facility. The City will assist the Contractor with 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 area of program site free of trash and debris. Page 2 0 0 The City will not charge Contractor for use of City buildings managed by the Community Services Department used during regular business hours. Use of City buildings before/after hours will be subject to charges for City staff supervision of site. All staff expenses for set-up/take-down will be the responsibility of the Contractor. 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. Page 3 0 0 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 2006 -June 2007) Each participant will pay to the Contractor up to $2 per day to participate in the afterschool program. Scholarships will be available through Contractor and/or City for children who cannot afford to pay up to $2 per day. No child will be turned away from program participation due to ability not to pay. The payment of up to $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 September2006 through June 2007. 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. Page 4 0 0 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: To City: Attn: Karen Crocker, Community Services Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Contractor: Attn: Nav Deol, Executive Director Camp Fire USA Orange County Council 14742 Plaza Drive, Suite 205 Tustin, CA 92780 Page 5 0 0 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 David M. Swerdlin, Mayor CAMP FIRE USA ORANGE COUNTY COUNCIL by �Je,A tezt Nav Deol, Exec tive Director ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: q 71 \�� I John R. Sh w, ILWAttomey CAMy Documents101-Chy Council MeetingsWgenda Reports\06-0905\Campfireagnnnt0607.doc Page 6 E �j U THE CITY OF SAN JUAN CAPISTRANO Consideration of Agreement for Afterschool Recreation Programs (Camp Fire USA Orange Countv Council) Ambuehl Elementary Road San Juan Elementary 31642 EI Camino Real 0 3000 6000 9000 Feet Attachment 2 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAX www.sanjuancapistrano.org r MEMBERS OF THE CITU COUNCIL NOTIFICATION OF MEETIRG-017 POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 5, 2006 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. D16. 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 the City Clerk's office by 12:00 p.m. on Tuesday, September 5, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "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 Linda Evans, Community Services Manager. You may contact that staff member at (949) 443-6390 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. 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-ayendasesanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: Nav Deol, Camp Fire USA Orange County Council*; Michelle Pelliccino, Camp Fire USA Orange County Council*; Silvia Pule, San Juan Elementary; Shele Tamaki, Ambuehl Elementary School; Karen Crocker, Community Services Director; Linda Evans, Community Services Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Prmn d .n 100% R..10.E Paper 0 32400 PASEO AOELANRO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 .(949) 4931053 FAx ww .sanjuancaplstrano.org TRANSMITTAL TO: Nav Deol, Executive Director Camp Fire USA Orange County Council 14742 Plaza Drive, Suite 205 Tustin, CA 92780 DATE: September 11, 2006 FROM: Maria Guevara, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CT' COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO OPVID M. SWEROUR RE: Afterschool Recreation Programs for elementary age children at Ambuehl Elementary and San Juan Elementary Schools An original, executed agreement, related to the services for providing afterschool recreation programs for elementary age children, is enclosed for your records. Thank you for maintaining current documentation with our office related to meeting insurance requirements. If you have questions concerning the agreement, please contact Linda Evans, Community Services Manager at (949) 443-6390. Our office can assist you with questions related to insurance documentation cc. Linda Evans, Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future 0033 Printed on IOD% Reevcted Paoer 07/02/2007 11:59 66166600 32400 PABEO AOELANTO BAN JUAN CAPI5TRANO, CA 92675 (9491493-1171 (949) 4931053 FAX www sonp.antapesrranO, nrg June 4. 2007 I Jowl* 10 A& 11 101111 e BrunMo 1 1961 1776 Camp Fire USA Orange County Council 14742 Plaza Drive, Suite 205 Tustin, CA 92780 PAGE 02 MEMBERS OF THE CiT COUNCIL SAM ALLEVATC THOMAS W HMBAR MARK NIELSEN DoE SOTO DR LONDRESUSO RE: Compliance with Insurance Requirements — afterschool programs The following insurance documents are due to expire: ✓ General Liability Certificate 7/12/2007 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. ✓ Automobile liability Certificate 7/12/2007 ✓ Workers' Compensation Certificate 7/1/2007 Please submit updated documentation by the above expiration dates to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 or fax to (949) 493-1053. If you have any questions, please corj2ac mg at (949) 443-6309. s s 1 Clerk cc: Cynthia Alexander, Interim Community Services Manager; .San Juan Capistrano: Preserving the Past to Enhance the Futr+re �� FtlnVtl on 10014 ¢a1u1tl ynOnr