09-1020_BOYS & GIRLS CLUB OF CAPISTRANO VALLEY_AgreementAGREEMENT
FOR AFTERSCHOOL RECREATION PROGRAMS
BETWEEN CITY OF SAN JUAN CAPISTRANO AND
BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY
THIS AGREEMENT is made on the 20"' day of October 2009, by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and Boys & Girls Clubs of
Capistrano Valley, hereinafter called "Contractor."
WHEREAS, the City wishes to engage Contractor to provide afterschool 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 agrees to provide a high quality, comprehensive, afterschool
program for school age children subject to minimal annual membership fees that will
include the following:
Transportation services 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 San Juan Elementary School.
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.
• Program activities advertising through media releases.
• A monthly calendar of daily and special events to participants will be
provided to the City in advance, concurrently with the reports required under
Section 4 below. For example, the monthly calendar for January is due prior
to the fifth working day of December.
• 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
and events.
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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 theirs and other cultures. Programs
include: 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 will supply all equipment and supplies needed to conduct the afterschool
program. 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 program activities. 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 for occurrences on 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. 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 30, 2010, to include measurable
outcomes of programs, financial, and population assessments.
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 Program
provided pursuant to this Agreement.
SECTION 7. Facility Use.
Contractor may use City facilities for implementation of Program activities.
However, 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 a 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 Contractorwill receive use of the gymnasium during a
four (4) hour period each weekday to provide a youth sports program for a non -fee based
Boys & Girls Clubs of Capistrano Valley program.
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.
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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.
Contractor shall maintain the hygiene and preserve the integrity of the gymnasium
restroom on a continual basis according to the Boys & Girls Clubs of Capistrano Valley
business hours.
SECTION 8. Desionated 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 and its officials, agents and employees shall act and be independent
contractors and not agents or employees of City, and shall obtain no rights to any benefits
which accrue to City's employees.
Section 11. Compliance with Law: E -Verify.
11.1. Compliance with Law
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
11.2. E -Verify.
If Contractor is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Contractor shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Contractor shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at httr)://www.uscis.aov, or
access the registration page at https://www.vis-dhs.com/emploverregistration. Contractor
shall certify its registration with E -Verify and provide its registration number within sixteen
days of the effective date of this Agreement. Failure to provide certification will result in
withholding payment until full compliance is demonstrated.
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SECTION 12. Employees/Subcontractors.
A listing of employees and/or subcontractors designated to carry out the Program
subject to this Agreement must be submitted to City. City must be notified immediately in
writing of any changes of subcontractors or employees.
SECTION 13. Employee Training/Backsaround Checks/Physical.
All employees of Contractor will be required to undergo a background check through
references, past employment history, and fingerprinting for compliance with Penal Code
Section 11105.3. 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 14. 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 $73,456 annually (based on City's fiscal year,
July 1 through June 30). City shall pay the amount due to Contractor per the City's
payment schedule. (October 21, 2009 - June 30, 2010)
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. Term of Agreement.
This agreement shall be in effect for a period of nine (9) months, beginning October
21, 2009, through June 2010. 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;
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A liability endorsement form with reference to the above -listed liability
insurance;
Proof of workers' compensation insurance for all employees in the amount
required by State Law;
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 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
To Contractor: James Littlejohn, Executive Director
Boys & Girls Clubs of Capistrano Valley
1 Via Positiva
San Juan Capistrano, CA 92675
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year first hereinabove written.
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
ow
Omar Sand al, City Attorney
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By
Ma k I iels Mayor
BOYS & GIRLS CLUBS OF CAPISTRANO
VALLEY
By
James Littlejohn, Executive Di for