12-0807_BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY_Personal Services Agreement PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made on the 7th day of August 2012, by and between the
CITY OF SAN JUAN CAPISTRANO, hereinafter called "City," and the Boys & Girls Clubs
of Capistrano Valley, hereinafter called "Contractor."
RECITALS:
WHEREAS, the City wishes to engage the Contractor to provide an Afterschool
Recreation Program 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
Recreation 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 Afterschool Recreation Program will be conducted Monday through Friday,
immediately after school for children ages seven through eighteen. 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 extended for teens
only until 10:00 p.m.
Afterschool Recreation Program activities advertised through media releases.
• Submit a monthly calendar of daily and special events for participants.
Submit records of daily attendance to the City.
• Submit a monthly financial Pro Forma spreadsheet.
• 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.
• Participation in City wide events which include San Juan Summer Nites, the 4th of
July Celebration and the Tree Lighting Ceremony.
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• The Afterschool Recreation Program components will include Boys&Girls Clubs of
America six core service areas: Health & Life Skills, Character & Leadership
Development, Education &Career Development,Technology,The Arts, and Sports,
Fitness & Recreation.
X 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.
C 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 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.
V 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.
X 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 Recreation Program.
SECTION 2. Equipment and Supplies.
Contractor will supply all equipment and supplies needed to conduct the Afterschool
Recreation Program. All equipment and supplies must be in good, operable and safe
condition.
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SECTION 3. Accident/incident Reports.
Contractor shall report to the City any accident or incident requiring emergency
response during Afterschool Recreation 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. Assessment 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:
• Daily Afterschool Recreation Program attendance records.
• A monthly financial Pro Forma spreadsheet.
• A monthly calendar of events and special activities.
Contractor will provide evaluations due on December 1, 2012, June 30, 2013,
December 1, 2013 and June 30, 2014, to include measurable outcomes of the Boys&Girls
Clubs of America six core service programs, financial sustainability for the Afterschool
Recreation Program and San Juan Capistrano population assessment.
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
Afterschool Recreation Program 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 Contractor will 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.
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Contractor shall have use of the City gymnasium during the week from
2:00 p.m. - 6:00 p.m. The exceptions to this shall be when the City notifies the contractor of
a City program that will make use of the gymnasium during these hours.
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. 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 in accordance to the standards of the
Boys and Girls Clubs of America. 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 12. Employees/Subcontractors.
A listing of employees and/or subcontractors designated to carry out the Afterschool
Recreation Program subject to this Agreement must be submitted to the City. City must be
notified immediately in writing of any changes of subcontractors or employees.
SECTION 13. Employee Training/Background 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.
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Contractor is to provide ongoing training and a minimum of quarterly training
sessions regarding Afterschool Recreation Program. 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 $78,058 annually, based on the City's Fiscal
Year, July 1, 2012 through June 30, 2012 and July 1, 2013 through June 30, 2014.
City shall pay the amount due to Contractor upon receipt of the Assessment Reports
(SECTION 4.),with the first payment beginning September 30,2012 with the final payment
ending June 30, 2014.
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 ten (10) months, beginning
September 6,. 2012, through June 30, 2013 and September 5, 2013 through June 30,
2014. 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 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.
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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 Manager
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 SA JUAN APISTRANO
By A4
L rry Krame , M r
BOYS & GIRLS CLUBS OF CAPISTRANO
VALLEY
By
James Littlejohn, Executive irector
ATTIE
Ma is Iris City Cler
APPROVED AS TO FORM:
"'4 1J)0JA LQ 6
Omar San oval, City Attorney
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