CITY OF RANCHO SANTA MARGARITA CITY COUNCIL STAFF …

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DATE: September 25, 2013

TO: City Council

CITY OF RANCHO SANTA MARGARITA CITY COUNCIL

STAFF REPORT

FROM: Jennifer M. Cervantez, City Manager ··-v- 1 Wendi Redington, Community Services Supervisor W QJ

SUBJECT: Approval of Agreement for Recreation Program Services with the Boys & Girls Clubs of Capistrano Valley, Inc., (BGCCV) to Provide Recreation Program Services at the Youth Center.

Recommendation:

That the City Council:

1) Approve an Agreement for Recreation Program Services between the City of Rancho Santa Margarita and the Boys & Girls Clubs of Capistrano Valley, Inc., ("Agreement"), from September 16, 2013 through June 30, 2016, for a total combined amount of $330,000.00.

2) Authorize the Mayor to execute the proposed professional services agreement for recreation program services with the Boys & Girls Clubs of Capistrano Valley, Inc.

Background

The City contracted with the Young Men's Christian Association (YMCA) for the operation of a drop in youth center at the Bell Tower Regional Community Center (BTRCC) when the facility opened in 2004. The YMCA continued to provide youth recreation services at the youth center until the spring of 2012, when the YMCA notified the City of their intention to terminate their contract effective June 22, 2012.

Staff reviewed various options to maintain youth programming on a temporary basis until a permanent solution could be implemented. Staff recommended the Boys and Girls Club of Capistrano Valley (BGCCV) provide services on an interim basis and proceeded to negotiate an agreement for the provision of youth recreation program services for summer 2012. At its September 26, 2012 regular meeting, the City Council approved an agreement with BGCCV to provide youth programming through June 30, 2013. Subsequently, at its June 26, 2013 regular meeting, the City Council approved an amendment to extend the agreement to September 6, 2013.

9/25/13 Item No. 7.1

Page 2Approval of Agreement with the Boys & Girls Clubs of Capistrano Valley, Inc. for Recreation Program Services September 25, 2013 Page 2 of 5

Discussion & Analysis

On July 16, 2013, staff issued a request for proposals (RFP) to solicit proposals for recreation program services for the Bell Tower Regional Community Center Youth Center. Three (3) outside proposals were received, and the City Community Services Department submitted a proposal:

1. Saddleback Valley Unified School District's Community Services Department 2. CampCo Recreation 3. The Boys & Girls Clubs of Capistrano Valley, Inc. 4. City of Rancho Santa Margarita Community Services

The selection process included evaluation of the responsiveness to the specific needs of the City, related experience in providing structured recreation program services for youth, methodology for delivery of the tasks as described in the scope, references and cost.

A grading panel of five City staff members reviewed each of the proposals, and the BGCCV received the highest score as summarized in the table below:

Firm Average Score

Boys & Girls Clubs of Capistrano Valley 84.5

CampCo Recreation 70.6

Saddleback Valley Unified School District-67.5 Community Services

City of Rancho Santa Margarita 71.2 Community Services

Boys & Girls Clubs of Capistrano Valley (BGCCV) The BGCCV has provided out-of-school recreation programs for children ages seven years through middle school for over 22 years in local communities including San Juan Capistrano, Aliso Viejo, and the Youth Center at the Bell Tower Regional Community Center. The BGCCV provides quality programs that emphasize character and leadership skills, academic achievement, increased creativity, and healthy lifestyle choices.

Staff believes that the BGCCV has an understanding of the needs and practices of local government while also recognizing the uniqueness of the RSM Youth Center. The program has continued to thrive since commencement on July 1, 2013, increasing participation by 157 youth, or 53%, over the summer 2012 program. Distinctive features of the BGCCV recreation services include traditional, structured programs such as Good Character and Citizenship featuring a Youth of the Year award of a $10,000 scholarship; Academic Success featuring Power Hour, Operation Holiday Homework,


and Project Learn; and Healthy Lifestyles featuring programs for the "mind, body and soul." BGCCV also emphasizes parent education and involvement.

Other Proposals The grading panel also considered proposals from CampCo Recreation, Saddleback Unified School District Community Services (SVUSD), and the City of Rancho Santa Margarita Community Services. CampCo and SVUSD provide youth recreation services in varying service models. CampCo excels at providing camps and programming for special events with only limited experience in ongoing youth center programming. SVUSD primarily offers outdoor afterschool care emphasizing physical activity such as games and sports, and homework assistance. The grading panel agreed that the BGCCV service model and experience in providing youth services for local government most closely aligns with the City's desires to provide structured programs and activities that assist the participant in developing life skills and building character.

City of Rancho Santa Margarita - Community Services Department To explore all options, the Community Services Department (CS) staff prepared its own proposal to provide recreation programming at the youth center. CS staff has overseen the youth center indirectly through contractors since its inception and has a clear understanding of the City's programming needs and vision for the youth center. The CS cost proposal included more staff than proposed by others due to implementation needs of starting a new program. The greater number of staff resulted in a higher proposal cost. In addition, qualified staff would need to be hired and trained in working directly with children. This is a new service model for the City and the implementation would require more time than is available currently. Therefore, this option is not recommended at this time but CS staff will continue to explore the opportunity for the future.

Compensation The proposals received provided compensation requirements for providing youth center programming for the 2013-14 school year. Below is a summary of the proposal costs:

Firm Cost

Boys & Girls Clubs of Capistrano Valley $105,116

CampCo Recreation $90,000

Saddleback Valley Unified School District - $95,856 original Community Services $110,488 amended* City of Rancho Santa Margarita

$198,308.65 Community Services

*The Saddleback Valley Unified School District Community Services proposed a fee for afterschool programming for two hours per day. Staff asked SVUSD to submit an amended cost for providing four hours of programming per day as requested in the RFP.


Per the City's Municipal Code Section 3.07.080 (1), contracts awarded for the performance of professional services "shall be awarded by the City Council on the basis of the demonstrated competence of the contractors, and on the contractor's professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the cost of the services to the City, and shall not be awarded solely on the basis of cost." CampCo Recreation submitted the lowest cost proposal, however staff is recommending BGCCV based on their experience, professional qualifications and comprehensive programming that staff believes best fits the needs of the community.

In the interest of building a stable youth center environment with consistent, reliable, and structured programming, staff is recommending entering into a three year agreement. Staff believes a longer term ,agreement will facilitate building stronger relationships between youth center staff, parents, and youth through consistency of service for the community. For this reason, Staff requested BGCCV to resubmit their proposal for a term through June 30, 2016. On September 9, 2013, BGCCV submitted an amended and restated proposal not to exceed $330,000 for the contract term.

Alternatives

1) The City Council could direct Staff to attempt further negotiations though the results of such negotiations are uncertain, and time is limited.

2) The City Council could not approve the agreement, thereby ceasing services and activities at the Youth Center during the school year. This is not recommended because families utilize this program for social and educational enrichment for their children.

Fiscal Impact

BGCCV submitted an amended and reslated proposal for a total of $330,000 which includes September 16, 2013 through June 30, 2014 at $90,000, FY 2014-15 at $120,000, and FY 2015-16 at $120,000.

Sufficient funds for Youth Center programming have been allocated in the General Fund budget for Fiscal Year 2013-14 at $126,000.

Conclusion:

Staff recommends that Council approve the proposed Agreement for Recreation Program Services between the City of Rancho Santa Margarita and the Boys & Girls Clubs of Capistrano Valley, Inc. This recommendation is based BGCCV's professional qualifications, prior successful experience, and the fair and reasonable cost of providing recreation programming at the Youth Center. Staff believes that the BGCCV service


model most closely aligns with the City's desires to provide structured youth programming

Attachments:

A. Proposed Agreement for Recreation Program Services with the Boys and Girls Club of Capistrano Valley, Inc., dated September 25, 2013.

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AGREEMENT FOR PROFESSIONAL YOUTH RECREATION PROGRAMS AND SERVICES BETWEEN

THE CITY OF RANCHO SANTA MARGARITA AND BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY, INC.

(Bell Tower Regional Community Center)

THIS AGREEMENT FOR PROFESSIONAL YOUTH RECREATION PROGRAMS AND SERVICES (the "Agreement") is made and entered into this 25th day ofSeptember 2013, by and between THE CITY OF RANCHO SANTA MARGARITA, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as the "City"), and BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY, INC., a California nonprofit corporation (hereinafter referred to as "BGCCV" or "Contractor"). City and BGCCV are collectively referred to hereinafter as the "Parties" or individually as a "Party."

RECITALS

A. City has determined that there is a need to retain the services of a qualified contractor to provide professional youth recreation programs and services for youth ages 7 - 17 years at the City of Rancho Santa Margarita Youth Center located at the Bell Tower Regional Community Center, 22232 El Paseo, Rancho Santa Margarita, California ("Bell Tower Facility") (the "Project").

B. In response to City's July 16, 2013 Request for Proposals No. 2013 CS 001 ("RFP"), BGCCV submitted to City a proposal, dated August 12, 2013 to provide such services, and following negotiations with the City, BGCCV submitted an amended and restated proposal, dated September 9, 2013, to provide structured youth recreation programs and other services at the Bell Tower Facility for the Project ("Proposal").

C. BGCCV is uniquely qualified by virtue of its expertise, training, education, reputation and expertise to provide professional youth recreation programs and services for the Project, through the use of qualified, trained youth development professionals, and has agreed to provide such services to City in accordance with the terms and conditions set forth herein.

D. City desires to retain BGCCV to provide such recreation programs and services.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1. Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide professional youth recreation programs and services for the Project to City at the Bell Tower Facility as described in the amended and restated Proposal,

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ATTACHMENT A

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dated September 9, 2013, and the Scope of Services, which are collectively attached to this Agreement as Exhibit "A" and incorporated herein by reference (hereinafter, the "services" or "work"). Contractor represents and warrants that all youth recreation programs and services shall be provided and performed in a competent, professional, safe, and satisfactory manner. As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the services and work contracted for under this Agreement require specialized skills, particular qualifications and training, and youth development skills and abilities and that, consistent with this understanding, Contractor's services and work shall be performed in a skillful, safe, and competent manner and shall be held to a standard of care prevalent in the industry for such recreation services. Contractor represents and warrants that it and all of its employees, agents, and authorized subcontractors providing any services or work under this Agreement shall have sufficient skill, training, and experience to perform the services and work assigned to them in a competent, professional, safe, and satisfactory manner. All services and work provided and performed by Contractor under this Agreement shall be completed to the reasonable satisfaction of the City.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Contractor's signed, original amended and restated Proposal dated September 9, 2013 submitted to the City ("Contractor's Proposal"); the Scope of Work; (3) the City's Request for Proposals No. 2013 CS 001 dated July 16, 2013 ("RFP"); and (4) the City's Policies and Procedures for the Bell Tower Regional Community Center, which shall all be referred to collectively hereinafter as the "Contract Documents." The Contractor's Proposal and the Scope of Work, attached hereto as Exhibit "A," the City's RFP, attached hereto as Exhibit "B," and the City's Policies and Procedures for the Bell Tower Regional Community Center, attached hereto as Exhibit "C," are each hereby incorporated by reference and are made a part of this Agreement. All provisions of the Contract Documents shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of the Agreement; (2nd) the provisions ofthe Scope of Work; (3rd) the Consultant's Proposal; (4th) the City's RFP; and (5th) the City's Policies and Procedures for the Bell Tower Regional Community Center.

1.3 Use of the Bell Tower Facility. Contractor shall use and occupy designated portions of the Bell Tower' Facility on a non-exclusive, revocable basis to provide youth recreation services and programs pursuant to the terms and conditions of this Agreement and subject to all policies and procedures, rules, and restrictions relating to the use of the Bell Tower Facility.

1.4 Compliance with Law. All services and work rendered under this Agreement shall be provided by Contractor in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder.

1.5 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services and work required by this Agreement.

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1.6 Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it has carefully considered how the services and work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the services and work under this Agreement.

1.7 Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to defend, indemnify, and reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of, pertain to, or are related to, directly or indirectly, such employment, together with any and all costs, including attorneys' fees, incurred by City.

2. COMPENSATION

2.1 Compensation to Contractor/Maximum Contract Amount. For the services and work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Compensation I Payment Schedule set forth in Exhibit "A," which total maximum contract amount shall not exceed three hundred thirty thousand dollars ($330,000.00). The maximum amount of City's payment obligation to Contractor is the amount specified in this section. BGCCV shall allocate the total maximum contract amount specified in this section to the services and work in a manner that insures that BGCCV completes the services and work during the entire term of this Agreement in accordance with the rates and fees set forth in Exhibit "A." City shall have no obligation whatsoever to compensate BGCCV more than the total maximum contract amount specified in this section.

2.2 Compensation Defined. Compensation for the services and work to be performed by BGCCV as provided herein shall include all costs of BGCCV staff (including hourly wages, payroll taxes, insurance, holiday pay, over time, benefits, and vacation) and the costs of all supplies, materials, and equipment used by BGCCV to deliver the services· and work.

2.3 Additional Programs/ Activities. Additional recreation and youth programs, services, and activities (such as classes, dances, and workshops) not specified in Exhibit "A" may be offered for an additional fee paid by individual program participants to BGCCV and at no cost to City. BGCCV shall work with the City to determine which classes, dances and workshops will be offered as part of the services and work. BGCCV will be responsible for collecting fees and managing expenses and subcontracts with authorized independent contractors/instructors, if any.

2.4 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall, no later than the 1Oth working day of such month, submit to City in the form approved by City's Finance Director, an invoice for the services and work rendered prior to the date of the invoice. Payments shall be based on the rates and fees as set forth in Exhibit "A" herein for authorized services and work performed. City shall endeavor to pay

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Contractor for all expenses stated thereon, which are approved by City consistent with this Agreement, within forty-five ( 45) days of receipt of Contractor's invoice. Contractor shall submit to City any documentation necessary to substantiate the full and satisfactory performance of the services and work of which payment is requested. Detailed invoices shall be sent monthly to the City of Rancho Santa Margarita, Attn: Community Services Supervisor, 22112 El Paseo,Rancho Santa Margarita, CA 92688.

2.5 Changes in Scope of Services. No additional fees shall be paid by City to Contractor for any ~ervices and work or costs not included in Exhibit "A" without the written approval of City prior to undertaking such services or work or costs. In the event any change or changes in the services and work set forth in Exhibit "A" is requested by City, the Parties hereto shall first mutually agree and execute a written amendment to this Agreement setting forth with particularity all terms of such amendment, including, but not limited to, any additional services, programs, costs, and compensation. -

2.6 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Rancho Santa Margarita City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

3. COMMENCEMENT AND TERM

3.1 Term. Unless earlier terminated in accordance with this Agreement, this Agreement shall continue in full force and effect for a period of three (3) years, commencing on September 16, 2013, and ending on June 30, 2014, unless extended by mutual written agreement of the Parties.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following officer of Contractor is hereby designated as being the representative of Contractor authorized to act in its behalf with respect to the services and work specified herein and to make all decisions in connection therewith: James Littlejohn, Executive Director. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing officer is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing officer shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services and work hereunder. The foregoing officer may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be the City Manager, or the City Manager's designee. It shall be the Contractor's responsibility to keep the Contract Officer fully

. informed of the progress of the performance ofthe services and work, and Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignment. It is expressly understood and agreed that the experience, knowledge, capability, and reputation of Contractor, its

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principals, officers, and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other individual or entity to perform, either in whole or in part, any of the services and work required to be performed under this Agreement without the express prior written approval of City. In addition, Contractor expressly understands and acknowledges that neither this Agreement nor any interest herein. may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City.

4.4 Independent Contractor.

4.4.1. The legal relationship between the Parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the services and work under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officials, officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents, in connection with the performance of services under this Agreement. Except for professional fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of services and work performed by Contractor under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing services and work hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2.1, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless the City for all such financial obligations.

4.5 Personnel. · Contractor agrees to assign the following trained youth development professionals to perform the services and work set forth herein. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer.

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Acting through the City Manager, or the City Manager's designee, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

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Name: Title:

James Littlejohn Nicole Watson TBD

Executive Director Area Director Unit Director for Rancho Santa Margarita

Tyisha Anderson Meegan Whisman Miguel Ramirez

Social Recreation Dir. for Rancho Santa Margarita Program Aide for Rancho Santa Margarita Program Aide for Rancho Santa Margarita

4.6 Contractor's Responsibilities for its Employees

4.6.1. Fingerprinting and Background Check. Prior to any services being performed under this Agreement, Contractor shall conduct fingerprinting of any employee directly providing services to minors under this Agreement for purposes of obtaining criminal background records. Contractor shall not permit any employee with a record of a conviction (or guilty plea) of a felony or a misdemeanor involving a violent or sexual crime to perform any services or work under this Agreement. Prior to providing any services or work hereunder, Contractor shall provide City with a written certification signed under penalty of perjury that the Contractor has complied with the provisions of this subsection 4.6.1, and listing the employees who will be providing services to minors. The list of employees may be attached and may be amended from time to time by Contractor supplying a new list to City.

4.6.2 Compliance with Bell Tower Regional Community Center Policies and Procedures. Contractor shall ensure that it and its employees, agents, representatives, and invitees comply at all times with the Bell Tower Regional Community Center Policies and Procedures, a copy of which is attached hereto as Exhibit "C," as same may be amended by the City from time to time.

4.6.3 Other Responsibilities. BGCCV shall additionally be responsible for the following:

4.6.3.1. BGCCV shall employ and ensure qualified (screened, fully trained and certified) youth development professionals are available during all hours of operation to deliver the services and work.

4.6.3.2. BGCCV shall hire, staff, train, supervise, and compensate all of its employees and authorized independent contractors, if any. All BGCCV employees are required to have certification in CPR and First Aid and be screened with the following: a) Fingerprinting prior to hiring; b) criminal background check prior to hiring; c) Child Abuse index reports prior to

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hiring; d) reference check prior to hiring; and e) substance screening prior to hiring.

4.6.3.3 BGCCV shall not use the official City seal of the City of Rancho Santa Margarita, nor make any representations of affiliation with the City, in any advertisements or promotional or other programming materials, without the prior written approval of the Contract Officer.

5. BELL TOWER FACILITY

5.1. No Representations or Warranties. BGCCV represents that it has investigated the Bell Tower Facility and accepts the Bell Tower Facility conditions as may exist from time to time. City makes no representations or warranties, either express or implied, as to fitness of the Bell Tower Facility for the particular use(s) contemplated by BGCCV. BGCCV acknowledges and understands that BGCCV's use of the Bell Tower Facility is non-exclusive and that the Bell Tower Facility may be accessed at any time by City licensees, invitees, employees, contractors, agents, volunteers, or representatives. Accordingly, except to the extent arising out of the gross negligence or willful misconduct of City, BGCCV agrees to assume all risks,' both known and unknown, and hereby releases City from any and all liability associated with Contractor's entry and use of the Bell Tower Facility, including risks associated with City's failure to maintain, inspect, supervise, or control equipment and facilities or failure to warn of or repair dangerous conditions of property.

5.2 City's Rights. In permitting BGCCV to use the Bell Tower Facility, City does not relinquish custody or control thereof and does hereby specifically retain the right to enact, modify, or enforce any and all appropriate laws, rules, policies, and regulations applicable to said premises. It is understood and agreed that representatives of City may enter the Bell Tower Facility at any time and on any occasion without prior notice or any restrictions whatsoever for purposes of inspecting and maintaining the premises.

5.3 Contractor's Obligation to Maintain. BGCCV shall keep those designated portions of the Bell Tower Facility reserved for use by BGCCV free and clear of rubbish and litter and shall deposit rubbish and litter in containers as designated. Trash containers shall be kept in an approved enclosed area. No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, shall be permitted to remain within the Bell Tower Facility, and BGCCV shall prevent any accumulation thereof from occurring. Upon termination of this Agreement, BGCCV shall restore the designated portions of the Bell Tower Facility used by BGCCV for its services and programs to as close to the same condition as before the commencement of the Agreement to the maximum extent feasible to the reasonable satisfaction of City, ordinary wear and tear excepted.

5.4 No Nuisance. BGCCV shall not use or permit the use of the Bell Tower Facility by its program participants in any manner which creates a nuisance or that otherwise causes a violation of the City's noise ordinance, or in violation of the Bell Tower Regional Community Center Policies and Procedures (Exhibit "C"), including, without limitation, live, recorded, or

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broadcast entertainment or the use of loudspeakers, amplified music or sound or light apparatus other than as may be required by law or necessary or advisable for safety purposes.

6. HOURS OF OPERATION

6.1 Regular School Year. BGCCV shall provide services and work Monday through Friday from 2:30p.m. to 6:00p.m. during the school year. For minimum schedule school days, BGCCV shall provide services and work from 12:30 p.m. to 6:00 p.m. During official school winter breaks, spring breaks, and school holidays, BGCCV shall provide services work from 12:30 p.m. to 6:00 p.m. Minimum days, breaks, and holidays are determined by Saddleback Valley Unified School District ("SVUSD") and Capistrano Unified School District ("CUSD"). Programming hours shall accommodate school schedules for both school districts. The Parties shall work cooperatively to adjust BGCCV hours of operation if and when necessary to accommodate special events, school district minimum days, changes in programs, or budgetary other programming considerations.

6.2 Summer Program: BGCCV shall provide programs Monday through Friday from 8:00 a.m. to 6:00 p.m. during the SVUSD and CUSD summer recesses as determined by the school districts' calendars (generally late June through early September). The summer recess periods covered under the Agreement include programming for years 2014, 2015, and 2016 through June 30, 2016. The Parties shall work cooperatively to adjust BGCCV hours of operation if and when necessary to accommodate special events, changes in programs, or budgetary or other programming considerations.

7. INSURANCE AND INDEMNIFICATION

7.1 Insurance. Contractor shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's performance under this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City of Rancho Santa Margarita, its elected and appointed officials, officers, employees, agents, and volunteers, as additional insureds and by original endorsement shall be delivered to and approved by City prior to commencement of any services or work. The procuring of such insurance and the delivery of policies, certificates of insurance, and original endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to defend, indemnify, and hold harmless the City, its elected and appointed officials, officers, agents, employees, and volunteers.

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7.1.1 Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows:

7 .1.1.1 Comprehensive general liability and personal injury with limits of at least one million dollars ($1 ,000,000.00) per occurrence, and two

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million dollars ($2,000,000.00) in the general aggregate, and one million dollars ($1,000,000.00) for products and completed operations; the commercial general liability policy shall name the City of Rancho Santa Margarita as additional insureds in accordance with standard ISO additional insured endorsement form CG20 1 0( 1185) or equivalent language;

7 .1.1.2 Automobile liability insurance with limits of at least one million dollars ($1 ,000,000.00) per occurrence;

7 .1.1.3 Workers' Compensation insurance in the statutory amount as required by the State of California, and Employer's Liability Insurance with limits of at least one million dollars ($1 ,000,000.00) per accident for bodily injury or disease.

7.1.2 General Conditions. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City and its respective elected and appointed officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected and appointed officials, officers, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected and appointed officials, officers, employees, agents, and volunteers.

7.1.3 Sufficiency of Insurers. Insurance required herein shall be issued by a licensed company authorized to transact business in the state by the Department oflnsurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a nonadmitted insurer listed on the State of California List of Eligible Surplus Lines Insurers (LESLI), by the latest edition of A.M. Best's Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund.

7.1.4 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and original endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates of insurance and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before any services or work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Workers' Compensation policies.

7.1.5 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-

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insured retentions as respects the City, its elected and appointed officials, officers, employees, agents, and volunteers; or, Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

7.1.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

7.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its elected officials, officers, directors, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor's performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability hereunder.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services and work required by this Agreement as the Contract Officer shall require.

8.2 Records. Contractor shall keep such books and records as shall be necessary to properly perform the services and work required by this Agreement and to enable the Contract Officer to evaluate the performance of such services and work. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. Contractor shall cooperate fully with audits, performance reviews, and investigations.

8.3 Cost Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing services and work under this Agreement and shall make such materials available at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request.

10 955047.1

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9. ADDITIONAL CONTRACTOR RESPONSIBILITIES

9.1 Registration Forms/ Release, Waiver of Liability, & Indemnity Agreement Forms. Contractor shall be solely responsible for the registration of all program participants and for retention of all registration and admittance records and related forms, including parental permissions forms, and documents. Prior to any program participant's participation in Contractor's services and programs at the Bell Tower Facility, Contractor shall obtain and retain on file original registration forms and "Release, Waiver of Liability, and Indemnity Agreements" from each program participant, which shall expressly provide that the program participant releases, waives liability, and indemnifies the City from and against any and all liability for claims, accidents, incidents, or injuries arising from participant's participation in the Contractor's services and programs, which shall read as follows:

"Release, Waiver of Liability & Indemnity Agreement: In consideration of my child's membership, and any participation in the activities and special programs or events of the Club, on behalf of me and my child and any heirs or assigns of me or my child, I hereby agree to waive, release, defend, indemnify, and hold harmless the Boys and Girls Clubs of Capistrano Valley, and its sponsors, staff members, board of directors, and any other affiliated persons and/or vehicle drivers, and the City of Rancho Santa Margarita, its elected and appointed officers and officials, employees, agents, volunteers, and representatives (the "lndemnitees"), from any and all claims, losses, injuries, death, damages, and demands arising out of, pertaining to, related to, or in any way resulting from or connected to, directly or indirectly, any Club-related events, activities, or programs, including risks associated with the lndemnitees' failure to maintain, inspect, supervise, or control equipment and facilities or failure to warn of or repair dangerous conditions of property. I understand that participation in such events, activities, or programs by my child involves risk of injury or death to the participant and injury to property. I attest and verify that I have full knowledge of the risks involved in Clubrelated events, activities, programs, and properties and that I will, on behalf of my child, assume such risks and pay any medical or emergency expenses. I further acknowledge that my child is physically fit to participate in the programs or other activities of the Club."

Contractor shall provide the Contract Officer with fully executed (signed and dated) Release, Waiver of Liability, and Indemnity Agreement forms for each program participant, and Contract Officer shall retain copies of such executed forms on file with the City for the requisite established records retention period.

9.2 Repair Notification. Contractor shall promptly notify the Contract Officer of any required repairs and/or facility maintenance issues, which may require temporary closure of the Bell Tower Facility.

9.3 Separate Fees. Contractor shall be responsible for establishment of a revenue program for its own fees, including, but not limited to, membership fees and program fees. Prior to the establishment of a revenue program, Contractor shall submit to City the proposed revenue program for review and approval.

11 955047.1

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9.4 City Equipment. Contractor shall store and lock or otherwise secure all of City's portable equipment and materials when not in use by Contractor.

10. CITY RESPONSIBILITIES

10.1 Maintenance and Repairs. City shall be responsible for ordinary utility costs and ordinary costs for the maintenance and repairs at the Bell Tower Facility, including the equipment, facilities, premises and property thereon, except for any damage caused or contributed to by Contractor or any guests, program participants, or invitees of Contractor. Contractor agrees to pay whatever expenses are required to restore the Bell Tower Facility, or any property of such facility, or any part of the facility, to the same condition as prior to when Contractor utilized the facility, including, but not limited to, any needed surface cleaning, ordinary wear and tear excepted.

10.2 Cleaning. City shall clean the Bell Tower Facility and provide all necessary janitorial and maintenance services.

11. ENFORCEMENT OF AGREEMENT

11.1 California Law. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in Orange County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

11.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

11.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

11.4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

11.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to the fault of Contractor and constitutes an

12 955047.1

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immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City, in its sole discretion. Upon receipt of the notice of termination, Contractor shall immediately cease all services and work provided for hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services and work rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon ninety (90) days written notice to City.

11.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

12. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION

12.1 Non-Liability of City Officers and Employees. No officer, director, elected or appointed official, or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

12.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry.

13. MISCELLANEOUS PROVISIONS

13.1 Notice. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

CITY:

CONTRACTOR:

955047. I

City of Rancho Santa Margarita Attn.: City Manager 22122 El Paseo Rancho Santa Margarita, CA 92688

Boys & Girls Clubs of Capistrano Valley, Inc. Attn.: Executive Director One Via Positiva San Juan Capistrano, CA 92675

13

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13.2 Integrated Agreement. This Agreement contains all of the agreements of the Parties and cannot be amended or modified except by mutual written agreement of the Parties.

13.3 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

13.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

13.5 Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates stated below.

ATTEST:

Molly McLaughlin, City Clerk

APPROVED AS TO FORM:

Gregory E. Simonian, City Attorney

Date:

Date:

955047.1

"CITY" CITY OF RANCHO SANTA MARGARITA, a California municipal corporation

L Anthony Beall, Mayor

"CONTRACTOR" BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY, INC., a California Nonprofit corporation

By __________________________ __ Michael Chambers, President

By ____________________________ __ Marta Egan, Secretary

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955047.1

EXHIBIT II A II

BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY

AMENDED AND RESTATED PROPOSAL

FOR YOUTH RECREATION PROGRAMS AND SERVICES

DATED SEPTEMBER 9, 2013

AND

SCOPE OF SERVICES

Exhibit A

Page 22

September 9, 2013 . CITYOF

RANCHO SANTA]~ARGARITA

BOYS & GIRLS CLUBS 71ll3SEP -9 OF CAPISTRANO VALLEY City of Rancho Santa Margarita - RFP 2013-CS OCT'r .· ·

PM It: 55 SERVING souTH ORANGE couNTY Bell Tower Regional Community Center

OVER TWENTY YEARS · Boys & Girls Clubs Attn: Wendi Redington

of Capistrano Valley 22232 El Paseo One Via Positiva Rancho Santa Margarita, CA 92688 San Juan Capistrano, CA 92675 Tel 949.240.7898 Fax 949.240.7308

Dear Mrs. Redington: Officers Michael Chambers President The Boys & Girls Clubs of Capistrano Valley (Club) respectfully submits an

amended and restated proposal to the City of Rancho Santa Margarita to provide K. Erik Friess Vice President of Planning and operate structured recreation programs and other services for the drop in youth Elise Millington center for ages 7-17 years. The original proposal has been amended and ~;~;:C'?afg;~!,~~menttTreasurer restated to provide services through June 30, 2016. A restated Compensation I

M E Payment schedule (Section H) is also included.

arta gan Secretaf}'

Board of Regents Chair William Cvengros

Executive Director James E. Littlejohn

Tax 10 # 33-0529575

www.bgccapo.com

United Way# BOY408

The Club has been at the forefront of youth development in South Orange County, working with young people from disadvantaged economic, social and family circumstances for twenty-two years. The mission of the Club is "To inspire and enable all youth to reach their full potential as productive, responsible and caring citizens by providing stimulating and challenging programs through interaction with dedicated, caring people." Founded in 1991, the Club serves youth from twenty-eight schools in twelve cities in South Orange County providing core academic support through homework help and tutoring as well as a multitude of other wholesome programs and activities.

We have grown tremendously over the past 22 years, from serving just 25 youth from our original San Juan Elementary school site to now serving 2,500 youth each year at three separate sites and cities across South Orange County. This growth has been closely monitored by our dynamic Board of Directors to assure financial stability while allowing program staff the flexibility and ability to deliver our essential programs to our communities. The organization is supported by a variety of funding sources including: Individuals, Corporations, Grants and Foundations, Government funding (both Local and Federal) and special event fund raisers. This diverse revenue stream is critical in building a solid base of support that isn't too dependent upon any single source of revenue.

We intend to provide a world-class Club Experience that assures success is within reach of every young person who walks through our doors, with all members on track to graduate from high school with a plan for the future, demonstrating good character and citizenship, and living a healthy lifestyle.

Thank you for considering our amended and restated proposal and we look forward to continuing our relationship long into the future.

Sincerely,

James Littlejohn Executive Director (949) 240-7898, Ext. *12

Michael Chambers Board President

Please consider us in your estate planning ...

Page 23

Company Data

B

Page 24

\ )

B. COMPANY DATA

1. Official Name and Address Boys & Girls Clubs of Capistrano Valley One Via Positiva San Juan Capistrano, CA 92675

2. Name, address and telephone number of primary point of contact. James Littlejohn, Executive Director Boys & Girls Clubs of Capistrano Valley One Via Positiva San Juan Capistrano, CA 92675

Office: 949.240.7898 extension *12 Cell: 949.412.5586 Office Fax: 949.240.7308 Email: james @bgccapo.com

3. Type of entity Corporation

4. EIN number 33-0529575

5. Address, telephone numbers and fax numbers of each firm location a. Via Positiva Branch (and administrative offices)

Address: One Via Positiva, San Juan Capistrano, CA 92675 Telephone: 949.240.7898 Fax: 949.240.7308

b. Aliso Viejo Branch Address: 24671 Via Iglesia, Aliso Viejo, CA 92656 Telephone: 949.699.2552 Fax: 949.699.3899

c. Rancho Santa Margarita Extension Unit Address: Bell Tower Regional Community Center, 22232 El Paseo, Rancho

Santa Margarita, CA 92688 Telephone: 949.216.9700 extension 1280.

6. Ownership statement Boys & Girls Clubs of Capistrano Valley is not totally or partially owned by another business organization or individual.

7. Years in business under present name Boys & Girls Clubs of Capistrano Valley was incorporated in 1992 (21 years in business).

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\

\ )

8. Number of years of experience in providing required, equivalent or related services.

21 years

9. Comparable contracts within the last 5 years:

B-2

Year Started and Completed: 9/6/12- 6/30/14 (current)

Type of Contract: afterschool recreation programs

Contracting Agency: City of San Juan Capistrano Description of services provided:

Number of youth serviced: approximately 800

Location/type of room or facility: VP Branch, San Juan Capistrano, CA

Year Started and Completed: 9/6/11..:.. 6/30/12

Type of Contract: afterschool recreation programs

Contracting Agency: City of San Juan Capistrano Description of services provided:



Year Started and Completed: 9/21/10-6/30/11 Type of Contract: afterschool recreation programs

Contracting Agency: City of San Juan Capistrano

Description of services provided:



Year Started and Completed: 10/21/09- 6/30/10 Type of Contract: afterschool recreation programs

Contracting Agency: City of San Juan Capistrano




Year Started and Completed: 07/01/12-6/30/14 (current) Type of Contract: recreation and community service activities

Contracting Agency: City of Aliso Viejo Description of services provided:

Number of youth serviced: approximately: 211

Location/type of room or facility: Family Resource Center, 24671 Via Iglesia,

Aliso Viejo, CA 92656

Year Started and Completed: 07/01/11-6/30/12

Type of Contract: recreation and community service activities

Contracting Agency: City of Aliso Viejo


Numberofyouth serviced: approximately 245

Location/type of room or facility: Family Resource Center, 24671 Via Iglesia,


Page 26

)

Year Started and Completed: 07/01/10- 6/30/11 Type of Contract: recreation and community service activities Contracting Agency: City of Aliso Viejo Description of services provided: Number of youth serviced: approximately: 293 Location/type of room or facility: Family Resource Center, 24671 Via Iglesia,


Year Started and Completed: 07/01/09-6/30/10 ·Type of Contract: recreation and community service activities Contracting Agency: City of Aliso Viejo Description of services provided: Number of youth serviced: approximately: 241 Location/type of room or facility: Family Resource Center, 24671 Via Iglesia,


Year Started and Completed: 07/01/08- 6/30/09 Type of Contract: recreation and community service activities Contracting Agency: City of Aliso Viejo Description of services provided: Number of youth serviced: approximately: 183 Location/type of room or facility: Family Resource Center, 24671 Via Iglesia,


Year Started and Completed: 10/01/12-9/06/13 (current) Type of Contract: recreation program services Contracting Agency: City of Rancho Santa Margarita Description of services provided: Number of youth serviced: approximately: 141 Location/type of room or facility: Bell Tower Regional Community Center/Youth

Lounge, 22232 El Paseo, RSM, CA 92688

Year Started and Completed: 09/01/12- 8/31/12 Type of Contract: recreation program services Contracting Agency: City of Rancho Santa Margarita Description of services provided: Number of youth serviced: approximately: 185 Location/type of room or facility: Bell Tower Regional Community Center/Youth

Lounge, 22232 El Paseo, RSM, CA 92688

10. Failures or refusals to complete a contract and explanation.

None.

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11. Individuals/Agencies who own an interest of 10% or greater in proposing firm.

None.

12. Financial interests in other lines of business.

None.

B-4

Page 28

:) \ J

i

Resumes and Qualifications of Personnel

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Page 29

Rancho Santa Margarita Staffing Plan

1. Executive Director- James Littlejohn

2. Area Director- Nicole Watson

3. Unit Director• TBD

4. Social Recreation Director- Tyisha Anderson

5. Program Aide- Meegan Whisman

6. Program Aide-Miguel Ramirez

7. Program Volunteer- TBD I as needed

8. Program Volunteer-TBD I as needed

Administrative support staff

1. Lynn Watson- Office Manager/ Human Resources

2. Ron Sipiora- Director of Resource Development

The Staffing plan for the Rancho Santa Margarita site will continue as it has since the Boys & Girls Clubs of

Capistrano Valley began providing program services in July of 2012 with a couple of exceptions.

A new position within the organization (Area Director) was created and filled by the Clubs longtime Via

Positiva Site Unit Director Nicole Watson.

Nicole will be providing direct supervision to all three of our Unit Directors including Rancho Santa Margarita

Director to be hired. James Littlejohn will be Nicole's direct supervisor.

Often times the club will supplement staffing with program volunteers. All program volunteers go through a

thorough background check including a fingerprint and drug test prior to any contact with youth.

Full-Time professional staff-

One ofthe distinctions that separate Boys & Girls Clubs from other after-school programs is our utilization of

Full-Time professional staff. The Rancho Santa Margarita site would have two full-time professionals

dedicated to providing our proven after school programs. These full-time staff are given the time and

resources to prepare each day's activities as opposed to having part time staff show up just prior to the

arrival of our club members.

' Qualifications of Club personnel

All Club staff goes through our hiring process that includes the culling of resumes, phone interviews and at

least two separate (for Full-time staff) face to face interviews. Prior to hire each candidate also is drug tested

and fingerprinted for a full background check.

Full-time staffs typically are college graduates and or have significant youth development work experience

that would be considered in lieu of a college degree.

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,/~

· 1 James Littlejohn

)

Executive Director- Boys & Girls Clubs of Capistrano Valley

Education: Bachelor of Arts Physical Education, Linfield College 1978

Summarv of Experience

Executive Director- Boys & Girls Clubs of Capistrano Valley (2001-present)

Provide leadership and direction to ensure the effective operation and delivery of programs within the Club and community:

~ Support the organization's mission and principles- Has grown club from 1,000 members and $750,000 annual budget to more than 2,500 members and $1.5 million budget

~ Ensure an environment that facilitates the achievement of youth development outcomes

Strategic Planning

~ Ensure and oversee a strategic planning process is instituted that results in the development and implementation of a quality strategic plan that has resulted in the establishment of two new service sites (Aliso Viejo, Rancho Santa Margarita and Teen Center)

~ Ensure and oversee the identification and evaluation of opportunities for improvement and implement plans for improvements.

Board Development

~ Identify, recruit and develop effective board members. ~ Ensure active participation by board members and support effective board roles and functioning.

Oversee staff liaisons to Board committees to ensure they are provided with the information and support necessary to fulfill their objectives.

Resource Development

~ Ensure the annual budget is funded and organization has adequate cash flow. ~ Oversee the development of financial development strategic plans and, as necessary, participate

in cultivation and solicitation visits with development staff and b?ard members.

Executive Director- Boys & Girls Clubs of Martinez, CA (1997-2001)

Responsible for planning, implementing and supervising all personnel and program delivery for a organization with 2 full service sites and one school site. Coordinated all resource development aspects of club resulting in doubling available resources during tenure.

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_,-----·\ I Director of Operations- Columbia Park Boys & Girls Clubs (1990-1997)

Responsible for the day to day operations, facilities, program direction, supervision of principals of each Club, staff training on youth guidance strategies and curriculum, program grant management, implementation and impact of the Club.

Professional Trainings/ Certifications

2012- Graduate of Advancing Philanthropy Program (Boys & Girls Clubs of America)

1998- Graduate of Boys & Girls Clubs of Americas Advanced Leadership Program

1994- Non-Profit Management Certificate- Cal State Hayward

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] /

NICOLE MARIE WATSON

Position: Area Director

EDUCATION

Bachelor of Arts, Physical Education The Master's College, Santa Clarita, CA

Graduated May 2004 Overall GPA 3.3/4.0

Master of Science, Sports Management California Baptist University, Riverside, CA

Graduated August 2005 Overall GPA 3.5/4.0

Master of Education & Cross Cultural Teaching Credential University of Phoenix, Phoenix, AZ.- Online

Student Teacher Fall 2010 Overall GPA 3.9/4.0

Summary of Experience

Area Director, Boys & Girls Clubs of Capistrano Valley, San Juan Capistrano, CA July 2013- Present • Manage youth development staff including planning, prioritizing and supervising club operations • Develop programs and sports leagues for 250+ youths aged 7-18. • Assume full responsibility for 57 programs, 14 staff members, and 1,600 members. • Held a position on a committee for Boys and Girls Clubs of Orange County Alliance in association

with Major League Baseball and the Los Angeles Angels of Anaheim from 2006-2008. • Provide guidance and mentoring to disadvantaged youth. • Held a position on Boys & Girls Clubs of Orange County committee as Secretary in 2008, Vice Chair

• • • • •

in 2009 and Chair in 201 0. Interact and communicate with parents of club members on procedures and policies . Organize and participate in club fundraising and promotional events . Earned Class B commercial drivers license for transporting club member to offsite activities . Hold monthly youth recognition and self-esteem building events . Developed Educational standards for afterschool tutoring for general education and special education students.

Unit Director, Boys & Girls Clubs of Capistrano Valley April 2005 -July 2013 • Manage youth development staff including planning, prioritizing and supervising day to day

operations • Provide guidance and mentoring to disadvantaged youth. • Interact and communicate with parents of club members on procedures and policies. • Developed Educational standards for afterschool tutoring for general education and special

education students

Assistant Recreation Specialist, City of Corona Kids Club, Corona, CA December 2004-April 2005 • Managed nine locations of elementary after school programs including program planning, child

attendance, and policies & procedures. • Supervised site staff typically consisting of 3 staff members per location. • Implemented rules and regulations for conduct of the site staff. • Planned half day offsite extracurricular activities for elementary school minimum days.

Professional Trainings/Certifications

Current First Aid I AED and CPR certifications Various Boys & Girls Clubs of America Program trainings

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}

Tyisha Anderson

Program Director

Education: University of Phoenix (80 Units Completed)

Summary of Experience:

Program Director, Boys & Girls Clubs of Capistrano Valley, Rancho Santa Margarita April 2013-present

• Support lead staff with planning and implementing Club programs to prepare youth for success.

• Develop a range of program and activities for drop in members in the areas of Education & Career

• Initiate new programs and events with the approval of the Area Director

• Promote participation in Club programs and events

• Evaluate Club programs on a continual basis and ensure programs and activities respond to member needs and interest, addressing their gender and cultural diversity.

• Oversee proper record keeping and reporting including activities and events conducted breakdowns of daily participation figures, notable achievements and any problems/issues.

• Develop Quarterly Program Calendars to be available at the start of every program quarter. Post daily/weekly program schedules throughout the Clubhouse to encourage member participation

Youth Development Professional, Boys & Girls Clubs of Redlands, April 2012- April 2013

• Assist members with homework and other educational programs

• Promote participation in all club activities

• Assisted with data collection and the collection of various program fees

• Worked with Site Supervisor to deliver a wide range of BGCA national programs

Site Director, City of Fontana Park and Recreation November 2010- July 2011

• Manage youth staff (6 staff) including planning, prioritizing and supervising day to day operations

• Handled all site situations including discipline of children and customer relations

• Implemented rules and regulations for conduct of the site staff

Site Assistant, Boys & Girls Clubs of Pomona March 2005-November 2010

• Assisted in the supervision of site staff typically consisting of 3 staff members

• Provide guidance and mentoring to disadvantaged youth • Organize and participate in club fundraising and promotional events

• Assisted site director manage youth development staff including planning, prioritizing and supervising day to day operations

Professional Trainings

Current First Aid I CPR /AED certifications

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Organizational Chart

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Page 37

References

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Page 38

/

References

1} City of Aliso Viejo

Contact Person: Karen Crocker Phone: (949} 425-2552

Services Provided: Comprehensive after-school and summer youth development programs for

youth 7-18 years of age. Programs provided in five core program areas including: The Arts, Health and

Life Skills, Education and Career Development, Character and Leadership Development and Sports

Fitness and Recreation.

2} City of San Juan Capistrano

Contact Person: Karen Brust Phone: (949} 443-6314





3} City of Dana Point

Contact Person: Doug Chotkevys Phone: (949} 248-3500 ext. 516





E

Page 39

Overview and Approach

F

Page 40

F: Overview and Approach:

~ Understanding In every community, boys and girls are left to find their own recreation and

companionship in the streets. An increasing number of children are at home with no adult care or

supervision. Young people need to know that someone cares about them. The Boys & Girls

Clubs of Capistrano Valley offers that and more. Club programs and services promote and

enhance the development of boys and girls by instilling a sense of competence, usefulness,

belonging and influence. The Boys & Girls Clubs of Capistrano Valley is a safe place to learn

and grow- all while having fun. We are truly The Positive Place for Kids and Teens.

Our Mission is the Movement's Reason for Being To inspire and enable all young people to reach their full potential as productive, responsible and

caring citizens by providing stimulating and challenging programs through interaction with

dedicated, caring people.

A Boys & Girls Club Provides

• A safe place to learn and grow

Ongoing relationships with caring, adult professionals

• Life-enhancing programs and character development experiences

• Hope and opportunity

Why we're Special

Four key characteristics define the essence of the Boys & Girls Clubs of Capistrano Valley. All

are critical in exerting positive impact on the life of a child:

1. Dedicated Youth Facilities in Aliso Viejo, Rancho Santa Margarita and San Juan

Capistrano

The Boys & Girls Clubs of Capistrano Valley is a place - an actual neighborhood

based building- designed solely for youth programs and activities.

2. Open Daily

The Clubs are open every day, after school, when kids have free time and need

positive, productive outlets.

3. Professional Staff

The Club has full-time, trained youth development professionals, providing positive

role models and mentors. Volunteers provide key supplementary support.

F-1

Page 41

4. Available/Affordable to All Youth

The Boys & Girls Clubs of Capistrano Valley reaches out to kids who cannot afford, or

may lack access to, other community programs. Annual membership dues are $50 per

year for youth who are 7 to 18 years old.

~ Approach:

Formula for Impact:

Formula for Impact is a roadmap for Clubs to help ensure that members achieve our priority outcomes of Academic Success, Good Character and Citizenship, and Healthy Lifestyles. It represents the five key elements for positive youth development:

1. A safe, positive environment 2. Fun 3. Supportive relationships 4. Opportunities and expectations 5. Recognition

It also incorporates high-yield learning activities, targeted programs and regular attendance.

Youth Development Strategies:

A sense of competence- Assist members in acquiring new skills and be recognized for their success.

A sense of usefulness- the opportunity to do something of value for other people. Assist members with finding opportunities to help out around the Club and in the community.

A sense of belonging- a setting where young people know they "fit" and are accepted. Get to know members by name and encourage them to carry and use their membership cards.

A sense of power or influence- a change to be heard and to influence decisions. Make members aware that they affect those around them and that even the smallest decisions or actions can help brighten someone's day.

F-2

Page 42

-'.\

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Programs: Good Character and Citizenship Youth of the Year All members can benefit from participation in this program, which promotes and celebrates service to Club, community and family; academic performance; moral character; life goals; and poise and public speaking ability. The Youth of the Year program is most effective when used as a year-round tool for fostering young people's character, personal growth and leadership qualities. Local Clubs recognize members ages 14-18 who were Youths ofthe Month and select a Youth of the Year, who then participates in state competition. State winners, who each receive $1,000 scholarships, participate in regional competitions. Five regional winners each receive an engraved plaque and a $10,000 scholarship and compete on the national level. Torch Clubs Torch Clubs are charter small-group leadership and service clubs for boys and girls ages 11-13. A Torch Club is a powerful vehicle through which Club staff can help meet the special character development needs of younger adolescents at a critical stage in their development. Torch Club members learn to elect officers and work together to implement activities in four areas: service to Club and community, education, health and fitness and social recreation. The Torch Club Awards are presented annually to Torch Clubs with outstanding program and activities in the four areas. Academic Success Power Hour: Making Minutes Count Power Hour: Making Minutes Count helps Club members ages 6-18 achieve academic success by providing homework help, tutoring and high-yield learning activities and encouraging members to become self-directed learners. Printed program materials include a resource guide for program coordinators, homework helpers and tutors and a poster-sized Power Points chart for tracking and rewarding participants' progress. Operation Holiday Homework Monday through Thursday for an hour each day members complete their homework through the Club's Power Hour program. Power Hour allows youth to get points for being on-task, quiet and respectful during the hour-long homework session. Members work hard and stay dedicated to their educational quest because they want to succeed educationally and because they know they will receive gifts for their family if they put education first. Operation Holiday Homework is the incentive based program that allows members to get gifts for their entire family. Project Learn Project Learn reinforces and enhances the skills and knowledge young people learn at school during the hours they spend at the Club. This comprehensive program strategy is based on Dr. Reginald Clark's research showing that students do much better in school when they spend their non-school hours engaged in fun, but academically beneficial, activities. Through Project Learn, Club staff use all the areas and programs in the Club to create opportunities for these high-yield learning activities, which include leisure reading, writing activities, discussions with knowledgeable adults, helping others, homework help and tutoring and games like Scrabble that develop young people's cognitive skills. Project Learn also emphasizes parent involvement and collaboration between Club and school professionals as critical factors in creating the best afterschool learning environment for Club members ages 6-18. Extensively field-tested and formally evaluated by Columbia University with funding from Carnegie Corporation ofNew York, Project Learn has been proven to boost the academic performance of Club members.

F-3

Page 43

Money Matters: Make It Count Money Matters promotes financial responsibility and independence among Club members ages 13-18 by building their basic money management skills. Participantslearn how to manage a checking account, budget, save and invest. They also learn about starting small businesses and paying for college. Junior Staff: Cultivating Tomorrow's Club Professionals Today This is an easy-to-use program for Club teens ages 13 to 18. This program will provide your Club staff and volunteers with tools to guide young people in preparing for a career in Boys & Girls Clubs and/or other service professions. Through participation in Junior Staff, teens will develop interpersonal skills, a strong work ethic and a sense of community engagement while experiencing on-the-job Club work. Artist of the Month Contest BGCA's new Artist of the Month Contest asks Boys & Girls Club members to submit a photo of their best artwork work related to a specific monthly theme. Artists are urged to use their creativity to connect their arts or craft project to each theme. Clay Tech Clay Tech is a fun, hands-on introduction to animation for members, especially those ages 13 to 18, that promotes the importance ofteamwork and provides an educational, engaging and fun experience. Members work in groups to create clay characters and storyboards, then they film and edit their own movies. Clay Tech exposes Club members to the art and science involved in creating animation and introduces them to a variety of career options of which they may be unaware. Skill Tech: Basic Training This engaging, hands-on program appeals to members of all ages and technical abilities. Through three levels of animated online lessons (in either English or Spanish) and instructor-led group activities, members learn skills in various Microsoft software programs, including Word, Excel, PowerPoint, Access and Publisher.

Healthy Lifestyles Passport to Manhood Passport to Manhood promotes and teaches responsibility in Club boys ages 11-14. Passport to Manhood consists of 14 sessions, each of which concentrates on a specific aspect of manhood through highly interactive activities. Each Club participant receives his own "passport" to underscore the notion that he is on a personal journey of maturation and growth. Passport to Manhood represents a targeted effort to engage young boys in discussions activities that reinforce positive behavior. SMART Girls SMART Girls is a small-group health, fitness, prevention/education and self-esteem enhancement program designed to meet the developmental needs of girls ages 8-12 and 13-17. Through dynamic sessions, highly participatory activities, field trips and mentoring opportunities with adult women, Club girls explore their own and societal attitudes and values as they build skills for eating right, staying physically fit, getting good health care and developing positive relationships with peers and adults.

F-4

Page 44

Triple Play Triple Play, BOCA's comprehensive health and wellness initiative, strives to improve the overall health of members, ages 6-18, by increasing their daily physical activity, teaching them good nutrition and helping them develop healthy relationships. Since the Triple Play initiative was introduced in 2005, more than one million Club members have participated in fun fitness activities. The Triple Play initiative, sponsored by The Coca-Cola Company and the WellPoint Foundation, nurtures the minds, bodies and souls of Club members. Mind The "Mind" component helps young people acquire healthy habits, such as making smart food choices, understanding appropriate portion sizes and creating fun, balanced meals. Healthy Habits features age-appropriate modules (6-8, 9-12 and teens) to teach Club members about nutrition and healthy living. It was designed to equip youth with the skills to make healthier choices by participating in fun and engaging learning activities at the Club and at home. The program also encourages members to take steps toward positive behavior changes Body The "Body" component promotes physical activity through fun daily fitness routines. Club youth of every age and fitness level have the chance to participate in a variety of games.

Soul

• Daily Challenges are series of six non-competitive, yet challenging programs that encourage Club members to increase their physical fitness. Daily Challengesfrom jump rope to basketball- can be conducted year-round.

• Daily Challenges Introduction • Basketball Challenge • Jump Rope Challenge • Get Fit Challenge • Walk/Run Challenge • Home Run Challenge • Invent-a-Sport Challenge

• Daily Challenges, Too builds on the success of the original Daily Challenges resource guide. The guide features age-appropriate ways to engage Club members in fitness activities, including developing a wide range of sport-specific skills for football, basketball, soccer, track and field, and more.

• Daily Challenges, Too Introduction/Warm-up and Cool-down Guide • Agility, Balance, Coordination and Speed Challenge • Basketball Challenge • Boot Camp Challenge • Combine Challenge • Football Challenge •. Get Fit Challenge • Soccer Challenge • Track and Field Challenge

The "Soul" component encompasses social recreation activities that are critical to positive youth development. By participating in a comprehensive social recreation program, Club youth are able to develop and sustain positive relationships with others, acquire a healthy self-concept and a strong belief in their self-worth, and cope well with both positive and adverse situations.

F-5

Page 45

Parent Education and Involvement:

Before each member is signed up for the Club the member's parent must meet with a Club professional to understand the rules and expectations of the Club. This will give the Club an opportunity to develop relationships with the parents. A meeting will be hosted weekly or individually if the parent can't make it. All members who join the Club will be part of an orientation process so that they can understand the rules and expectations at the site.

During the 2013-2014 school year every second Thursday the Club hosts a Youth ofthe Month Ceremony. During the ceremony members are recognized for the excellent character and leadership during that following month. The first ceremony will take place in October. All members and parents are encouraged to attend as it is important to recognize youth in front of their peers, community members, and families. During the Youth of the Month Ceremonies parents are informed of upcoming events, activities and opportunities. In January 2014, the Club will hold its 2013 Youth ofthe Year Ceremony where selected members ofthe site will be honored in front of250 people. During this ceremony 55 youth from the organization will be honored in front of their families, City Council members, peers, and Club professionals.

At the end of the three seasons (fall, winter, spring), the Triple Play program will host a Family Dinner. The point of the Family Dinner is to get the parents involved in better their nutritional habits. During the dinner the family was participate in a nutritional training and eat dinner as a family. The members will share their success from the program and encourage their parents to purchase healthy foods.

Three times a year (fall, winter, spring) the site will host trainings for the parents and members. The trainings will be based on the hot topics affecting their children like: bullying, nutrition, internet safety, parenting, etc.

Program Calendars: (See Attached)

F-6

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Page 47

Rancho Santa Margarita PARENT INFORMATION

BOYS & Gm.LS CLUBS OF CAPISTRANO VALLEY

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Mission Statement: To inspire and enable all young people to reach their full potential as productive,

responsible and caring citizens by providing stimulating and challenging programs through interaction with dedicated, caring people.

Location: Bell Tower Regional Community Center

22232 El Paseo, Rancho Santa Margarita, CA 92688 Contact:

Nicole Watson- [email protected] or 949-216-9700 Ext. 1280

Member's ages: 7 to 18 years old

**All 7 to 18 year old members must have a club membership.**

Cost: $50.00 membership fee (2013 calendar year).

Day Camp Fee (Days when the members are off school- $35.00 flat rate for the week).

Club Hours: Monday: 2:30pm to 6:00pm Tuesday: 12:30pm to 6:00pm

Wednesday: !2:30pm to 6:00pm Thursday: 2:30pm to 6:00pm

Friday: 2:30pm to 6:00pm

Late pick-hps: o 1st warning is given for late pickups after 6:10pm. o 2nd warnings result in the next club day missed. o 3rd warning will result in 2 consecutive club days missed. o Members are not allowed to sit outside and wait for their

parents.

For more information go to www.bgccapo.com

Page 48

Integration Plan

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Page 49

,/\ ' )

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);> Integration Plan:

The Boys & Girls Clubs of Capistrano Valley has been serving youth for the last year in the City of Rancho Santa Margarita at the Bell Tower. Over the last year the club has served 181 youth. The average daily attendance for the summer of 2012 to summer of 2013 was 60 memb~rs daily. Over the next y~ar we plan on increasing our population by transporting youth over to the site from Cielo Vista Elementary School. The club professional will market the site to the local school and attend community functions. As the Boys & Girls Clubs have been actively running services out of the youth lounge we feel we have already integrated our services seamlessly with the City of Rancho Santa Margarita. Our hopes are to continue to work with the city in delivering our services to our current members, and grow our membership to reach even more youth and families.

G

Page 50

Compensation I Payment Schedule

H

Page 51Schedule of Fees

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Page 53

Wage Rates for Staff

Wage Rate per

Title hour

RSM Staff Branch Director $26.00

Social Rec. Director $19.00

Progam Aide 1 $10.00

Program Aide 2 $10.00

Other staff costs Area Director $35.00

Athletic Director $19.00

Education Director $19.00

Executive Director $60.00

Office Manager $23.00

Social Rec. Director $19.00

Technology Director $19.00

Teen Director $19.00 Unit Director/Branch Dir $26.00

VP Program Aide $10.00

H-3

Page 54

\ j

Certificate of Insurance

Page 55

j

CERTIFICATE OF WORKERS' COMPENSATION COVERAGE I DATE Dec 20.2012

PRODUCE~

THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY NonPro.fits' United Workers' Compensation Group AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 431 I S!reet, Suite 200 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Sacramento, CA 95814 Phone: (916) 868-6231 COVERAGE AFFORDED BY THE POLICIES BELOW.

Fax: (916) 880-5251 Arthur J. Gallagher Risk Management Services One :Market Plaza, Spear Street Tower, Suite 200 INSURERS AFFORDING COVERAGE San Francisco. CA 94105

INSURED NonProfits' United Workers' Compensatiou Group INSURER A:

Boys and Girls Club of Capistrano Valley One Via Positiva

INSURERS: Safety Natl Cas Corp [NAIC # 15105)

San Juan Capistrano, CA 92675 INSURERC:

INSURERD:

INSURERE:

COVERAGES This Certificate ls not intended to specify all endorsements, coverages, tenns, condiUons and exclusions ofthe policies shown. THE POLICIES OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE AFFILIATE MEMBER NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM, OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE 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 POLICY POLICY TYPE OF COVERAGE POLICY NUMBER EXPIRATION LIMITS LTR EFFECTIVE DATE DATE

GENERAL LIABIUTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one lire) $

I ClAIMS MADE I I OCCUR MED EXPENSE {Any one person) $ \ GENERAL AGGREGATE LIMIT APPLIES PER: PERSONAL & AJJV INJURY $ ' POLICY I I PROJECT I ILOC $ GENERAL AGGREGATE

PROOUCTS.COMPIOP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $

ANY AUTO (Each accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) $

PROPERTY DAMAGE $ (Per accldenl) $

I WCSTAT I X I OlHER · ..

UMITS WORKERS' COMPENSATION

$500,000 A AND NPU-WCG 001-2013 1/1113 1/1114 E.L EACH ACCIDENT

EMPLOYERS LIABIUTY E.L DISEASE- EA EMPLOYEE $500,000 E.L. DISEASE- COVERAGE UMJr $500,000

OTHER

B EXCESS Workers' Compensation SP 4047536 1/1113 111/14 $1oo,ooo,ooo x $soo,ooo we $2,000,000 x $500,000 EL

DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAUPROV\SIONS

Evidence of Workers' Compensation Coverage: Waiver of Subrogation provided by Endorsement NPUWCG-BGCAPIS-06

CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION NPUWCG-BGCAPIS-06

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Rancho Santa Margarita 22122 El Paseo Rancho Santa Margaritn, CA 92688

~ >:_:_/ __ CZ9-Y~

Based on ACORD 25 (2009/09)

Page 56... ~,

I '

THIS ENDORSEMENT CHANGES THE MEMORANDUM OF COVERAGE PLEASE READ IT CAREFULLY

WAIVER OF TRANSFER OF RIGHTS OF

RECOVERY AGAINST OTHERS TO US

NonProfits' United Workers' Compensation Group Memorandum of Coverage: NPU-WCG 001-2013

This endorsement modifies the coverage provided under the following:

Memorandum of Coverage: PART ONE: WORKERS' COMPENSATION

COVERAGE Paragraph H. RECOVERY FROM OTHERS is amended wit-h respect to the following: Name and Address of Person or Organization:

City of Rancho Santa Margarita 22122 EJ Paseo Rancho Santa Margarita, CA 92688

DESCRIPTION OF OPERATIONS/LOCATIONS ADDED BY ENDORSEMENT: -With regard to the City of Rancho Santa Margarita, its officers, officials, employees & volunteers

NPU-WCG waives any right of recovery it may have against the person or organization shown above because of payments made by NPU-WCG for injury or damage arising out of the Members' operations done under a contract with that person or organization shown above and included in the coverage provided by the Memorandum of Coverage. This waiver applies only to the person or organization shown on the Schedule Above.

This endorsement is part of the Memorandum of Coverage and is effective on the date shown below.

All other terms and conditions remain unchanged.

Effective Date: January 1. 2013 Expiration Date; Januarv 1. 2014

Member: Boys and Girls Club of Capistrano Valley

Endorsement No: NPUWCG-BGCAPIS-06 Date Issued: Dec 26. 2012

Authorized Representative for NPU-WCG

MOC: NPU-WCG 001-2013 NPU-WCG Pagel

Page 5701-'IU'Vi"

~RD' CERTIFICATE OF LIABILITY INSURANCE I DA~~;;~ f' .rfiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.

I IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies] must be endorsed. If SUBROGATION IS WAIVED, subject to

I the tenns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

IIPROOUCER 619-937-0164 CONTACT NAME:

,Rancho Mesa Insurance Services 619-937-0168 PHONE ; FAX

!250 Riverview Parkway #401 fA/C, Ng. Ext); ------- ! (AIC,No}:

!Santee, CA 92071 E·MAIL ADDRESS:

Lam Brown PRODUCER BOYS&-4 _(0\,!STOMER ID II: INSURER(S) AFFORDING COVERAGE i NAICII

!INSURED Boys & Girls Clubs INSURERA:GreatAmerican Ins Co of NY I

l of Capistrano Valley INSURERB: I 1 Via Positiva INSURERC: l

!

1 San Juan Capistrano, CA 92675 - - ! INSURERD: ' I INSURERE: I

INSURERF: I COVERAGES CERTIFICATE NUMBER· 1 REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO INHICH 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 PAID CLAIMS.

~~~ TYPE OF INSURANCE ~~~,:>~ POUCY NUMBER ! ~~gji\~l,~~6~'fvWnl UMITS ~ERAL LlABILilY I X I ! I I l EACH OCCURRENCE l $ 1,000,00()

A l X I COMMERCIAL GENERAL LIABILITY PAC3760700 I 11/01/12 11101/13 i1=rre~:~~en<:el 300,000 $ t I l

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r- ~ , CLAIMs-MADE L!J OCCUR I r I I I MED EXP {MY one person) $ 10,000 ... __ Q Abuse/Moles $1MII 1 I i

1 I I PERSONAL & ADV INJURY Iii ___ 1,000,00()

-~ 'l Prof Llab $1MII l $

I I ! GENERALAGGREGATE 3,000,0~~

. , /~ GEN';:-AGGREGA~--;, LIMIT APPLIES PER I

1,000,000 l l l ~Q-~l!_CTS • COMPIOP AGG $

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! AUTOMOBILE LIABILITY I j COMBINED SINGLE LIMIT 1,000,001]

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I WORKERS COMPENSATION I l I i i i !T~~Ifi.JJ~&! ,oJ~·. AND EMPLOYERS' UABlUTY yIN I I i I I ANY PROPRIETOR/PARTNER/EXECUTIVE D I I i i I I s t L E.L EACH ACCIDENT OFFiCERJMEMBER EXCLUDED? i N I A I ' I l l

I ~ E L DISEASE - EA EMPLOYE§_$ ! (Mand-ry in NH) I I I -' W yes, describE. un:ler l E.L. DISEASE. POLICY LIMIT I $ l DESCRIPTION OF OPERATIONS belcw I ! !

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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 101, Additional R811111rlc& Schedule, lf more space i& required) RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR.THE CITY OF RANCHO SANTA MARGARITAAND ITS OFFICERS AND EMPLOYEES ARE

1

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INCLUDED AS ADDITIONAL INSURED PER FORM CG 822 412101 ATTACHED.

CERTIFICATE HOLDER

THE CITY OF RANCHO SANTA MARGARITA 22122 EL PASEO RANCHO SANTA MARGARITA, CA 92688

CITYRA3

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHOR~EDREPRESENTAnYE

~'~ © 1988-2009 ACORD CORPORATION. All rights reserved.

ACORD 25 (2009/09) The ACORD name and logo are registered Marks of ACORD

Page 58

CG 82 24 !Ed. 12 ·o-,i

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SOCIAL SERVICE AGENCY GENERAL LIABILITY BROADENING ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. The following provision is added to SECTION II • WHO IS AN INSURED

5. AUTOMATIC ADDITIONAL INSUAED(S}

a. Additional Insured - Manager or Lessor of Premises

(1) This policy is amended to include as an insured any person or organization thereinafter called Additional Insured) from whom you lease or rent property and which requires you to add such person or organization as an Additional Insured on this policy under:

{a) a written contract; or

lbl an oral agreement or contract where a Certificate of Insurance showing that person or organization as an Additional Insured has been issued;

but the written or oral contract or agreement must be an ''insured contract:' and,

(I} currently in effect or become effective during the term of this policy; and

(ill executed prior to the "bodily injury,'' "property damage." ''personal and advertising injury."

(2) With respect to the insurance afforded the Additional Insured identified in Paragraph A.(1) of this· endorsement, the following additional provisions apply:

tal This insurance applies only to liability arising out of the ownership. maintenance or use of that portion of the premises leased to you.

(b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this policy and subject to all the terms, c.onditions. and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and -not in addition to the Limits of Insurance shown in the Declarations.

{cl In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract

(d) Coverage provided herein is excess over any other valid and collectible insurance avail·able to the Additional Insured whether the other insurance is primary. excess.

Includes copyrighted material of Insurance Service Office with its permission. Copyright, Insurance Services Office, Inc., 200 1

CG 82 24 !Ed. 12/0 1J XS tPage 1 of 41

Page 59

contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary.

(3) This insurance does not apply to:

(al Any "occurrence'' or offense wruch takes place after you cease to be a tenant in that premises.

(b} Structural alterations, new construction or demolition operations performed by or on behalf of the "Additional Insured''

b. Additional s·ources

lnsurect Funding•

(1) This policy is amended to inclvde as an Insured any Funding Source which requires you in a written contract to name the Funding Source !hereinafter called Additional lnsvredl as an Insured but only with respect to liability arising out of your premises. ·'your work" for such Additional Insured, or acts or omissions of such Additional Insured in connection with the general supervision of ··your work'' and only to the extent set forth as follows:

(a} The Limits of Insurance applk:able to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this policy and subject to all the terms. conditions, and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclvsive of and not in addition to the Limits of Insurance shown in the Declarations.

(b) The coverage provided to the Additional lnsured(SI is not greater than ' that cus-

tomarily provided by the policy forms specified in and required by the contract

{cl In· no event shall the coverages of Limits of Insurance in this Coverage Form be increased by such contract. ·

c. Additional Insured • Contractual Obligatfona

(1) This policy is amended to include as an Insured any person or organization (hereinafter called Additional lnsuredi that you are required by a written "insured contract" to include as an Insured. subject to all of the following provisions:

(a} Coverage is limited to liability arising out of:

m your ongoing operations performed for such Additional Insured; or

UU that Insured's financial control of you; or

(iii) the maintenance. operation or use by you of equipment leased to you by such Additional Insured; or

(iv) a state or political subdivision permit issued to you.

(bl Coverage does not apply to any "occurrence·' or offense:

(i) which took. place before the execution of, or subsequent to the completion or expiration of. the written "insured contract". or

(il) which takes place after you cease to be a tenant in that premises.

Includes copyrighted material of Insurance Service Office with its permission. Copyright. Insurance Services Office, Inc. 200 1

CG 82 24 lEd. 12/01 l XS !Page 2 of 41

Page 60'" ( )

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(c} With respect to architects, engineers, or surveyors. coverage does not apply to ''Bodiiy Injury," "Property Damage." .. Personal and Advertising Injury" arising out of the rendering or the failure to render any professional services by or for you including:

{i) the preparing, approving. or fai~ng to prepare or approve maps. drawings, opinions. reports, surveys, change orders·. designs or specifications; and

(ii) supervisory, inspection, or engineering services.

If an Additional Insured endorsement is attached to this policy and specifically names a person or organization as an Insured. then the coverage in Section II - WHO IS AN INSURED 5. Automati·c Additional lnsured(s) does not apply to that person or organization .

2. BLANKET WAIVER OF SUBROGATION

SECTION \V - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item 8. is replaced with:

8. Transfer of Rights of Recdvery Against Others to us and Blanke.t Waiver of Subrogation

a. If an Insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred. to us. The Insured must do nothing after loss to impair them At our request the Insured will bring ''suit" or transfer those rights to us and help us enforce them.

b. If required by a written "insured contract". we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or ''your

work'' done under a contract for that person or organization and included in the ''products-completed operations hazard."

3. NON-OWNED OR CHARTERED WATERCRAFT

Section I - Coverages, Coverage A, Item 2.g.(2) is replaced with:

{2) A watercraft you do not own that is:

(a) less than 51 feet long; and

{b) not being used to carry persons or property for a charge.

4. BROADENED PERSONAL AND ADVERTISING INJURY

Unless ''Personal and Advertising Injury" is excluded from this policy:

SECTION V - DEFINITIONS Item 14. is replaced by.

14. "Personal and Advertising Injury" means injury, including consequential "bodily injury," arising out of one or more of the following offenses:

a. false arrest, detention or imprisonment;

b. malicious prosecution;

c. the wrongful eviction from, wrongful entry into,. or invasion of the right of private occupancy of a room. dwelling or premises that a person occupies by or on behalf of its owner. landlord or lessor;

d. orat written. televised, videotaped. or electronic publication of material. in any manner, that slanders or libels a person or organization or disparages a person's or organization's goods, products or services;

e. oral. written. televised. videotaped or electronic publication of material. in any manner, that violates a person's right of privacy; or

Includes copyrighted material of Insurance SerJice Office with its permission. Copyright, Insurance Services Office, Inc, 2001

CG 82 24 (Ed 12/011 XS (Page 3 of 4t

Page 61---------------·· -------····· .............. .

f. mental injury. mental anguish. humiliation. or shock,. if directly resulting

from Items t4.a through 14.a.

g. the use of another's advertising idea in your "adVertisement"; or

h. infringing upon another's copyright, trade dress or slogan in your "advertisement~

5. MENTAL INJURY, MENTAL ANGUISH, HUMILIATION, OR SHOCK INCLUDED IN BOOIL Y INJURY DEFINITION

Section V - Definitions, Item 3. is replaced with:

3. "Bodily injury" means physical injury. sickness. or disease. including death of a person. "Bodily injury" also means mental injury. mental angursh, humiliation, or shock if directly resulting from physical· injury, sickness. or disease to that person.

6. MEDICAL PAYMENTS

A. The Medical Expense Limit in P arag-aph 7. ot SECTION Ill - LIMITS Of INSURANCE is replaced by the following Medical Expense Limit

The Medical Expense Limit provided by this policy shall be the greater of:

a SlO.OOO; or

b. The amount shown in the Declarations for Medical Expense Limit

B. This provision 7. is subject to all the- terms of SECTION Ill -LIMITS OF INSURANCE.

C. This provision 7. does not apply if COVERAGE C. MEDICAL PAYMENTS is excluded either by the provisions of the Coverage Part or by endorsement

7. DAMAGE TO PREMISES RENTED TO YOU LIMIT

A. SECTION Ill - LIMITS OF INSURANCE. Item 6. is replaced with:

Subject to 5. above. the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damaget• to your building. or to personal property of others in your care. custody and control while at premises rented to you or temporarily occupied by you with permission of the owner, ~ising out of any one fire.

The Damage to Premises Rented To You Limit is replaced by the following Damage to Premises Rented To You Limit

The Damage to Premises Rented To You Limit is the greater of:

(1) $300,000; or

(2) the amount shown in the Declarations for Damage to Premises Rented to You Limit

B. This provision is subject to all the terms of SECTION Ill - LIMITS OF INSURANCE.

C. This provision 5. does not apply if Damage to Premises Rent to You Liability of COVERAGE A (SECTION I} is excluded either by the provisions of the Coverage Part or by endorsement

8. SUPPLEMENTARY PAYMENTS

A. In the SUPPLEMENTARY PAYMENTS -COVERAGES A and B provision, Item 1.b •• and 1.d are replaced with:

l.b. Up to S500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily In-jury Liability Coverage applies. We do not have to furnish these bo"ds.

1.d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit." including actual loss of earnings up to $500 a day because of time off work.

This endorsement does not change any other provisioh of the p_oticy.

Includes copyrighted material of insurance Service Office with its permission Copyright. Insurance Services Office. Inc .• 2001

CG 82 24 (Ed. 12/01) XS (Page 4 of 4)

Page 62

Certification of Propos a I

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Page 63City of Rancho Santa Margarita Recreation Program Services for Youth Center

APPENDIX 1

NON-COLLUSION AFFIDAVIT

The undersigned declare states and certifies that:

1. This Proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any -other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Rancho Santa Margarita or of anyone interested in the proposed contract

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Rancho Santa Margarita public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

~~ Signature of AuthOrJZedR.e;eseJltative

Name of Authorized Representative Title of Authorized Representative

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Page 64,·.

City of Rancho Santa Margarita Recreation Program Services for Youth Center

APPENDIX 2

CONSULTANT'S ACKNOWLEDGEMENT OF COMPLIANCE

WITH INSURANCE REQUIREMENTS FOR AGREEMENT FOR RECREATION PROGRAM

SERVICES

.Consultant agrees, acknowledges and is fully aware of the insurance requirements as

specified in Section 5. Insurance Requirements of the Agreement for Professional

Services and accepts all conditions and requirements as contained therein.

Consultant: Name (Please Print or T

By:~~~ Consultant's SignatUre

Date: ---~--_· _c ?_. l_s _____ _

This executed form must be submitted with Scope of Work proposal.

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Page 65I I

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APPENDIX 3

CERTIFICATION OF PROPOSAL . TO THE CITY OF RANCHO SANTA MARGARITA

The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP) NO. 2013 CS 001

1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City sh?ll have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

2) By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.

1 3) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.

4) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

5) The proposal response includes all of the commentary, figures and data required by the Request for Proposal, dated August 16, 2013.

6) The proposal shall be valid for 90 days from August 16, 2013

Name of Proposer:. Boys & Girls Clubs of Capistrano Valley

8~~ (Authorized Signatu )

Type Name:_ James Littlejohn-

Title: Executive Director

Date: __ _:__B_·_t_~_·_< _3 ______ _

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EXHIBIT "A" SCOPE OF SERVICES

The Boys & Girls Club of Capistrano Valley (BGCCV) shall provide recreation and after-school programs for school age children from age 7 through 17 years to include, but not limited to:

PROGRAMMING: Provide traditional Boys & Girls Club programs in the areas of education & career development; academic success; arts; health and life skills; sports, fitness and recreation; and, character, citizenship and leadership. Programs include, but are not limited to those listed in the BGCCV's signed, amended and restated Youth Recreation Program Services Proposal/Scope of Work, dated September 9, 2013 (BGCCV Proposal). The Parties shall meet quarterly to review programs offered under this Scope of Services and shall make adjustments as needed.

HOURS OF OPERATION

Regular School Year: BGCCV shall provide programs Monday through Friday from 2:30 p.m. to 6:00 p.m. during the school year. For Minimum Schedule school days, the Contractor will provide services from 12:30 p.m. to 6:00p.m. During official school winter and spring breaks and school holidays, Contractor shall provide services from 12:30 p.m. to 6:00 p.m. School breaks, holidays, and minimum days are determined by the Saddle back Valley Unified School District and the Capistrano Valley Unified School District. Programming hours will accommodate both school districts. The Parties shall adjust the hours of operation if and when necessary to accommodate special events, school district minimum days, changes in programs, or budgetary considerations.

Summer Program: BGCCV shall provide programs Monday through Friday from 8:00 a.m. to 6:00 p.m. during the summer. The Parties shall adjust the hours of operation if and when necessary to accommodate special events, changes in programs, or budgetary considerations.

REPORTS: Contractor will provide the following to CITY monthly:

1. Calendar of daily and special events

2. Daily attendance report

3. Program summary report

ADVERTISING: BGCCV shall provide a calendar of monthly and special events to participants and the public. BGCCV will advertise the program activities through media releases, and BGCCV's website. With prior written permission of CITY, the BGCCV may use the City logo and recognition for funding in promotional materials.

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STAFFING: Initial staffing for the Rancho Santa Margarita Youth Center shall consist of:

TBD

Tyisha Anderson

Meegan Whisman

Miguel Ramirez

Unit Director for Rancho Santa Margarita

Social Recreation Dir. for Rancho Santa Margarita

Program Aide for Rancho Santa Margarita

Program Aide for Rancho Santa Margarita

The Parties agree that staffing shall be reviewed periodically against program participation statistics to assure appropriateness.

RATIO OF STAFF TO PARTICIPANT: Adult to child ratio will be 1:20, although this may be adjusted based on actual attendance.

ACCIDENTS, INCIDENTS AND INJURIES: Contractor shall report to CITY any accident or incident requiring emergency response that occurs during the programs specified in this Agreement within twelve (12) hours of the occurrence Monday through Thursday or the following Monday ifthe event occurs Friday, Saturday, or Sunday. CITY shall provide BGCCV a designee and telephone number for notification of occurrence after normal working hours. The Parties agree to mutually cooperate in the investigation of all accidents, claims, and injuries.

OWNERSHIP: Title to, and possession of, any and all equipment purchased by BGCCV with funds that are subsequently fully reimbursed by CITY under the Agreement shall revert to CITY upon termination of this Agreement. Title to CITY's equipment utilized during programs under this Agreement will remain with CITY. Title to any additional equipment purchased by BGCCV outside this Agreement shall be and remain the property ofBGCCV.

SUPPLIES AND PROGRAM EXPENSES: Prior to the purchase of any equipment, supplies and program expenses over $1 00, the BGCCV shall submit to CITY Contract Officer or designee, a written request for purchase for review and approval, which shall not be unreasonably withheld. The written approval shall be submitted to CITY with the monthly invoice backup documentation.

PROGRAM EVALUATION: Within six months of Contract approval, the Parties shall meet to create and implement an evaluation plan that will be used to measure the success and effectiveness of the programs.

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Programs: Good Character and Citizenship Youth ofthe Year All members can benefit from participation in this program, which promotes and celebrates service to Club, community and family; academic performance; moral character; life goals; and poise and public speaking ability. The Youth of the Year program is most effective when used as a year-round tool for fostering young people's character, personal growth and leadership qualities. Local Clubs recognize members ages 14-18 who were Youths ofthe Month and select a Youth of the Y eat, who then participates in state competition. State winners, who each receive $1,000 scholarships, participate in regional competitions. Five regional winners each receive an engraved plaque and a $10,000 ·scholarship and compete on the national level. Torch Clubs Torch Clubs are charter small-group leadership and service clubs for boys and girls ages 11-13. A Torch Club is a powerful vehicle through which Club staff can help meet the special character development needs of younger adolescents at a critical stage in their development. Torch Club members learn to elect officers artd work together to implement activities in four areas: service to Club and community, education, health and fitness and social recreation. The Torch Club Awards are presented annually to Torch Clubs with outstanding program and activities in the four areas. Academic Success Power Hour: Making Minutes Count Power Hour: Making Minutes Count helps Club members ages 6-18 achieve academic success by providing homework help, tutoring and high-yield learning activities and encouraging members to become self-directed learners. Printed program materials include a resource guide for program coordinators, homework helpers and tutors and a poster-sized Power Points chart for tracking and rewarding participants' progress. Operation Holiday Homework Monday through Thursday for an hour each day members complete their homework through the Club's Power Hour program. Power Hour allows youth to get points for being on-task, quiet and respectful during the hour-long homework session. Members work hard and stay dedicated to their educational quest because they want to succeed educationally and because they know they will receive gifts for their family if they put education first. Operation Holiday Homework is the incentive based program that allows members to get gifts for their entire family. Project Learn Project Learn reinforces and enhances the skills and knowledge young people learn at school during the hours they spend at the Club. This comprehensive program strategy is based on Dr. Reginald Clark's research showing that students do much better in school when they spend their non-school hours engaged in fun, but academically beneficial, activities. Through Project Learn, Club staff use all the areas and programs in the Club to create opportunities for these high-yield learning activities, which include leisure reading, writing activities, discussions with knowledgeable adults, helping others, homework help and tutoring and games like Scrabble that develop young people's cognitive skills. Project Learn also emphasizes parent involvement and collaboration between Club and school professionals as critical factors in creating the best afterschool learning environment for Club members ages 6-18. Extensively field-tested and formally evaluated by Columbia University with funding from Carnegie Corporation ofNew York, Project Learn has been proven to boost the academic performance of Club members.

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Money Matters: Make It Count Money Matters promotes financial responsibility and independence among Club members ages 13-18 by building their basic money management skills. Participants learn how to manage a checking account, budget, save and invest. They also learn about starting small businesses and paying for college. Junior Staff: Cultivating Tomorrow's Club Professionals Today This is an easy-to-use program for Club teens ages 13 to 18. This program will provide your Club staff and volunteers with tools to guide young people in preparing for a career in Boys & Girls Clubs and/or other service professions. Through participation in Junior Staff, teens will develop interpersonal skills, a strong work ethic and a sense of community engagement while experiencing on-the..job Club work. Artist of the Month Contest . BGCA's new Artist of the Month Contest asks Boys & Girls Club members to submit a photo of their best artwork work related to a specific monthly theme. Artists are urged to use their creativity to connect their arts or craft project to each theme. Clay Tech Clay Tech is a fun, hands-on introduction to animation for members, especially those ages 13 to 18, that promotes the importance of teamwork and provides an educational, engaging and fun experience. Members work in groups to create clay characters and storyboards, then they film and edit their own movies. Clay Tech exposes Club members to the art and science involved in creating animation and introduces them to a variety of career options of which they may be unaware. Skill Tech: Basic Training This engaging, hands-on program appeals to members of all ages and technical abilities. Through three levels of animated online lessons (in either English or Spanish) and instructor-led group activities, members learn skills in various Microsoft software programs, including Word, Excel, PowerPoint, Access and Publisher.

Healthy Lifestyles Passport to Manhood Passport to Manhood promotes and teaches responsibility in Club boys ages 11-14. Passport to Manhood consists of 14 sessions, each of which concentrates on a specific aspect of manhood through highly interactive activities. Each Club participant receives his own "passport" to underscore the notion that he is on a personal journey of maturation and growth. Passport to Manhood represents a targeted effort to engage young boys in discussions activities that reinforce positive behavior. SMART Girls SMART Girls is a small-group health, fitness, prevention/education and self-esteem enhancement program designed to meet the developmental needs of girls ages 8-12 and 13-17. Through dynamic sessions, highly participatory activities, field trips and mentoring opportunities with adult women, Club girls explore their own and societal attitudes and values as they build skills for eating right, staying physically fit, getting good health care and developing positive relationships with peers and adults.

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Triple Play Triple Play, BOCA's comprehensive health and wellness initiative, strives to improve the overall health of members, ages 6·18, by increasing their daily physical activity, teaching them good nutrition and helping them develop healthy relationships. Since the Triple Play initiative was introduced in 2005, more than one million Club members have participated in fun fitness activities. The Triple Play initiative, sponsored by The Coca·Cola Company and the WellPoint Foundation, nurtures the minds, bodies and souls of Club members. Mind The ''Mind" component helps young people acquire healthy habits, such as making smart food choices, understanding appropriate portion sizes and creating fun, balanced meals. Healthy Habits features age-appropriate modules (6-8, 9-12 and teens) to teach Club members about

·nutrition and healthy living. It was designed to equip youth with the skills to make healthier choices by participating in fun and engaging learning activities at the Club and at home. The program also encourages members to take steps toward positive behavior changes Body The "Body" component promotes physical activity through fun daily fitness routines. Club youth of every age and fitness level have the chance to participate in a variety of games.

Soul

• Daily Challenges are series of six non·competitive, yet challenging programs that encourage Club members to increase their physical fitness. Daily Challenges -from jump rope to basketball- can be conducted year-round.

• Daily Challenges Introduction • Basketball Challenge • Jump Rope Challenge • Get Fit Challenge • Walk/Run Challenge • Home Run Challenge • Invent-a-Sport Challenge

• Daily Challenges, Too builds on the success of the original Daily Challenges resource guide. The guide features age-appropriate ways to engage Club members in fitness activities, including developing a wide range of sport-specific skills for football, basketball, soccer, track and field, and more.

• Daily Challenges, Too Introduction!W arm-up and Cool-down Guide • Agility, Balance, Coordination and Speed Challenge • Basketball Challenge • Boot Camp Challenge • Combine Challenge • Football Challenge • Get Fit Challenge • Soccer Challenge • Track and Field Challenge

The "Soul" component encompasses social recreation activities that are critical to positive youth development. By participating in a comprehensive social recreation program, Club youth are able to develop and sustain positive relationships with others, acquire a healthy self-concept and a strong belief in their self-worth, and cope well with both positive and adverse situations.

F-5

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( .. /

Parent Education and Involvement:

Before each member is signed up for the Club the member's parent must meet with a Club professional to understand the rules and expectations of the Club. This will give the Club an opportunity to develop relationships with the parents. A meeting will be hosted weekly or individually if the parent can't make it. All members who join the Club will be part of an orientation process so that they can understand the rules and expectations at the site.

During the 2013-2014 school year every second Thursday the Club hosts a Youth of the Month Ceremony. During the ceremony members are recognized for the excellent character and leadership during that following month. The first ceremony will take place in October. All members and parents are encouraged to attend as it is important to recognize youth in front of their peers, community members, and families. During the Youth of the Month Ceremonies parents are informed of upcoming events, activities and opportunities. In January 2014, the Club will hold its 2013 Youth of the Year Ceremony where selected members ofthe site will be honored in front of250 people. During this ceremony 55 youth from the organization will be honored in front of their families, City Council members, peers, and Club professionals.

At the end of the three seasons (fall, winter, spring), the Triple Play program will host a Family Dinner. The point of the Family Dinner is to get the parents involved in better their nutritional habits. During the dinner the family was participate in a nutritional training and eat dinner as a family. The members will share their success from the program and encourage their parents to purchase healthy foods.

Three times a year (fall, winter, spring) the site will host trainings for the parents and members. The trainings will be based on the hot topics affecting their children like: bullying, nutrition, internet safety, parenting, etc.

Program Calendars: (See Attached)

F-6

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Page 73

\ I Rancho Santa Margarita

PARENT INFORMATION BOYS & GIRLS CLUBS

OF CAPISTRANO VALLEY

Mission Statement: To inspire and enable all young people to reach their full potential as productive,

responsible and caring citizens by providing stimulating and challenging programs through interaction with dedicated, caring people.

Location: Bell Tower Regional Community Center

22232 El Pasco, Rancho Santa Margarita, CA 92688 Contact:

Nicole Watson- [email protected] or 949-216-9700 Ext. 1280

Member's ages: 7 to 18 years old

**All 7 to 18 year old members must have a club membership. **

Cost: $50.00 membership fee (2013 calendar year).

Day Ca11_1p Fee (Days when the members are off school- $35.00 flat rate for the week).

Club Hours: Monday: 2:30pm to 6:00pm Tuesday: !2:30pm to 6:00pni

Wednesday: 12:30pm to 6:00pm Thursday: 2:30pm to 6:00pm

Friday: 2:30pm to 6:00p~

Late pick-ups: o 1st warning is given for late pickups after 6:10pm. o 2nd warnings result in the next club day missed. o 3rd warning will result in 2 consecutive club days missed. o Members are not allowed to sit outside and wait for their

parents.

For more information go to www.bgccapo.com

Page 74

EXHIBIT "B"

CITY OF RANCHO SANTA MAGARTA REQUEST FOR PROPOSALS

RFP NO. 2013 CS 001

955047.1

RECREATION PROGRAM SERVICES FOR YOUTH CENTER

DATED JULY 16, 2013

Exhibit 8

Page 75


REQUEST FOR PROPOSALS (RFP) NO. 2013 CS 001

Recreation Program Services for Youth Center

CITY OF RANCHO SANTA MARGARITA Bell Tower Regional Community Center

22232 El Paseo Rancho Santa Margarita, CA 92688

(949) 216-9700

Tentative RFP Dates

Request for Proposal Posting/Mailing: Tuesday, July 16, 2013

Written Question Deadline: Tuesday, July 30, 2013

Submittal Deadline: Friday, August 16, 2013

Tentative First Interview VVednesday,August21, 2013

Tentative City Council Award: VVednesday, September 11, 2013

Tentative Contract Effective date: Monday, September 16, 2013

1

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Table of Contents

SECTION I - Introduction and Instructions to Proposers A. Introduction B. Proposed Time Schedule C. Instructions to Proposers and Procedures for Submittal D. General Conditions

SECTION II -PROPOSAL RESPONSE REQUIREMENTS A. Cover Letter: B. Company Data: C. Resumes and Qualifications of Personnel: D. Organizational Chart E. References: F. Project Understanding, Overview and Approach: G. Integration Plan H. Compensation/Payment Schedule: I. Certificate of Insurance: J. Certification of Proposal:

SECTION Ill- PROPOSAL EVALUATION AND SELECTION

SECTION IV- SCOPE OF SERVICES

SECTION V- COMPENSATION

APPENDIX 1-NON-COLLUSION AFFIDAVIT

Page4

Page 10

Page 15

Page 16

Page 18

Page 19

APPENDIX 2- Page 20 CONSULTANT'S ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS FOR RECREATION PROGRAM SERVICES

APPENDIX 3 - Page 21 CERTIFICATION OF PROPOSAL TO THE CITY OF RANCHO SANTA MARGARITA

APPENDIX 4- Page 22 SAMPLE AGREEMENT

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iVlayor L. Anthony Beall

1Vlayor ProTem Carol A. Gamble

Council iVlembers Steven Baric I esse Petrilla

Bradley J. McGirr

City Manage1· Jermifer M. Cervantez

CITI' OF R'\NCHO SANTA lVIARGARITA

July 16, 2013

RE: Recreation program services and operations for the dedicated youth drop-in center

REQUEST FOR PROPOSAL

Dear Proposers:

The City of Rancho Santa Margarita invites qualified agencies to submit proposals to operate structured recreation programs and other services for a youth drop-in center ages 7 to 17 years.

To be considered responsive, Proposers must submit a written proposal in accordance with the requirements, specifications, conditions, and provisions as described and set forth herein. Proposals must embrace a concept that the successful Proposer will satisfy all of the objectives and work requirements specified in the Request for Proposal Scope of Work.

PROPOSALS ARE DUE BEFORE: August 16,2013 at 5:00p.m.

After the proposal due date, evaluation will commence. The City may require Proposers found most responsive/responsible to interview with City staff.

Thank you for your interest and .good luck.

Respectfully,

!)Ju~L" Air~ Wendi Redington

. Community Services Supervisor City of Rancho Santa Margarita

22112 El Paseo • Rancho Santa Margarita • California 92688-2824 Phone 949.635.1800 • Fax 949.635.1840 • www.cityofrsm.org

Page 78


CITY OF RANCHO SANTA MARGARITA REQUEST FOR PROPOSAL

NO. 2013 CS 001

SECTION I

INTRODUCTION AND INSTRUCTIONS TO PROPOSERS

A: Introduction

The City of Rancho Santa Margarita (City) invites qualified agencies to submit written proposals for recreation program services for youth ages 7-17 years. Should an award be made, the selected Proposer will enter into a recreation program services agreement with the City of Rancho Santa Margarita to operate structured recreation program services and other services for a youth drop-in center for youth ages 7-17 years.

8: Proposed Time Schedule

Request for Proposal Posting/Mailing: Tuesday, July 16, 2013

Written Question Deadline: Tuesday, July 30, 2013

Submittal Deadline: Friday, August 16, 2013

Tentative First Interview Wednesday, August. 21, 2013

Tentative City Council Award: Wednesday, September 11, 2013

Tentative Contract Effective date: Monday, September 16, 2013

C: Instructions to Proposers and Procedures for Submittal

One printed original (marked original), and 3 printed copies (marked copy) of the proposal (will not be returned) must be submitted in a sealed envelope or box bearing the name of the Proposer, marked 2013 CS 001 and submitted only to the following address:

City of Rancho Santa Margarita RFP 2013 CS 001 Bell Tower Regional Community Center

Attn: Wendi Redington 22232 El Paseo

Rancho Santa Margarita CA 92688

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Proposers are solely responsible for ensuring their submitted proposal is received by the City in accordance with the solicitation requirements, before the Submittal Deadline, and at the place specified. Postmarks will not be accepted in lieu of actual delivery. No oral, telegraphic, electronic mail, facsimile or telephonic proposals or modifications will be considered unless specified. The City shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of proposals shall be made at the office specified in this Request for Proposal. Deliveries made before the Submittal Deadline, but to the wrong City office, will be considered non-responsive unless re-delivery is made to the office specified before the Submittal Deadline. All proposals shall become the property of the City.

Late proposals will not be accepted and will be returned to the Proposer unopened.

D: General Conditions

ADDITIONAL INFORMATION. RIGHT TO REQUEST. The City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers.

ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the agency, the Scope of Work may be modified and refined during negotiations with the City.

AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent's authority to bind the Proposer. If an individual makes the proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected Proposer, if any. Award may be made to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria set forth in Section Ill. The criteria are not listed in any order of preference. An Evaluation Committee will be established by the City. The Committee will evaluate all proposals received in accordance with the Evaluation Criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of proposal, if one is

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made. The City shall not be obligated to accept the lowest priced proposal, but if an award is made, the City will make an award in the best interests of the City after all factors are considered, including but not limited to the demonstrated competence, experience and professional qualifications of the Proposer.

Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.

COMPLIANCE WITH LAWS. All proposals shall comply with current federal, state, and other laws relative thereto.

CANCELLATION OF SOLICITATION. The City may cancel this solicitation at any time.

CONFLICT OF INTEREST. By signing the Certification of Proposal (Appendix 3), the proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposals, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

COSTS. The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the proposals, or any other such expenses incurred by the Proposer in responding to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. No reimbursable cost may be incurred in anticipation of award.

DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider Proposals from participants in such collusion. Proposers shall submit as part of their Proposal documents the completed Non-Collusion Affidavit provided as Appendix 1 on page 19.

DOCUMENTS, EXAMINATION OF. It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any). Proposer shall satisfy

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himself as to the character, quantity, and quality of work to be performed and materials, labor, supervision, necessary to perform the work as specified by these documents. The failure or neglect of the Proposer to examine documents shall in no way relieve him from any obligations with respect to the solicitation or and subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a Proposer to receive or examine any of the documents shall in no way relieve him from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document.

INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of the specifications or other RFP documents, or finds discrepancies or omissions in the specifications, he may submit to the City a written request for an interpretation or correction.

Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City.

Requests for interpretations shall be made in writing and delivered to Wendi Redington, City of Rancho Santa Margarita, Bell Tower Regional Community Center, 22232 El Paseo Rancho Santa Margarita CA 92688, at least ten (10) days before the Submittal Deadline.

The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each Proposer to ensure the City has their correct business name and address on file. Any prospective Proposer who obtained a set of RFP documents is responsible for advising the City that they have a set of RFP documents and wish to receive subsequent Addenda.

IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager.

NON-DISCRIMINATION. Proposer represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, material status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition.

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NON-EXCLUSIVE. Should the City make an award, the successful Proposer will enter into a NON-EXCLUSIVE agreement and the City reserves the right to enter into agreements with other agencies for recreation program services.

OFFERS OF MORE THAN ONE PRICE. Proposers are NOT allowed to submit more than one proposal.

OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission.

NO OBLIGATION. The release of this RFP does not obligate or compel the City to enter into a contract or agreement.

PROPOSAL, REJECTION OF. The City reserves the right to reject any or all proposals or any part of a proposal. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the City.

PROPRIETARY INFORMATION. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within their bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. In the event that a demand for disclosure of information designated as "confidential and/or proprietary" by a bidder is made, the City will notify the bidder in writing of such demand and shall furnish a copy of the City's written response to the requestor. Bidder may then pursue, at its sole cost and expense, any and all appropriate legal action necessary to maintain the confidentiality of such information.

NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Bid proposals shall be opened and their contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing proposers. Adequate precautions shall be taken to treat each proposer fairly and to insure that information gleaned from competing proposals is not disclosed to other proposers. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority.

PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record pursuant to applicable law.

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REPRESENTATIONS. Proposer understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

RFP PART OF AGREEMENT. Should an agreement be awarded, this Request for Proposal and Scope of Services and all conditions may become part of the agreement between the City of Rancho Santa Margarita and the successful Proposer.

SEVERABILITY. If any provisions or portion of any provision, of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from the Request for Proposals and the remaining provisions shall be valid and enforceable.

SUBCONTRACTOR INFORMATION. If the proposal includes the use of subcontractors, Proposer must identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor would perform services.

SUBCONTRACTOR REFERENCES. For all subcontractors that will be used for providing services as part of the RFP, Proposers must provide a minimum of two references from similar projects performed for any local government clients within the last three years. Information provided shall include:

a. Client name; b. Project description; c. Dates (starting and ending); d. Expertise; in providing services as outlined e. Staff assigned to reference engagement that will be designated for work per

this RFP; f. Site director's name and telephone number.

VALIDITY. Proposal must be valid for a period of 90 days from the due date.

WITHDRAWAL OF PROPOSAL. Proposers' authorized representative may withdraw Proposals only by written request received by the Project Manager before the Proposal Submittal Deadline.

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NO. 2013 CS 001

SECTION II

PROPOSAL RESPONSE REQUIREMENTS

Proposers shall submit one printed original (marked original), 3 printed copies (marked copy) (will not be returned) on or before the Submittal Deadline to:

City of Rancho Santa Margarita RFP 2013 CS 001 Bell Tower Regional Community Center

Attn: Wendi Redington 22232 El Paseo

Rancho Santa Margarita CA 92688

If discrepancies are found between the copies, or between the original and copy or copies, the "ORIGINAL" will provide the basis for resolving such discrepancies. If one document is not clearly marked "ORIGINAL", the City reserves the right to use any of the proposals as the Original. If no document can be identified as original bearing original signatures, Proposer's proposal may be rejected at the discretion of the City.

It is imperative that all Proposers responding to the RFP comply exactly and completely with the instructions set forth herein. Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Do NOT include marketing brochures or other promotional material not connected with this RFP.

All proposals shall be submitted on standard 8.5" by 11" paper. All pages should be numbered and identified sequentially by section. Response items must be indexed in the following order with individual tabs:

A. Cover Letter:

Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm and summary statement of professional qualifications.

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B. Company Data:

Please submit the following information:

1. Official name and address. 2. Name, address, and telephone number of the Proposer's primary point of

contact. 3. Indicate what type of entity (corporation, company, joint venture etc.). Please

enclose a copy of the Joint Venture Agreement if entity is a joint venture. 4. Federal Employer I. D. Number. 5. The address, telephone numbers and fax numbers of each of your firm's

locations. 6. A detailed statement indicating whether Proposer is totally or partially owned by

another business organization or individual. 7. Number of years Proposer has been in business under the present business

name. 8. Number of years of experience the Proposer has had in providing required,

equivalent, or related services. 9. All comparable contracts entered into during the last five (5) years, completed or

not. Please indicate:

• Year started and completed • Type of Contract • Contracting Agency • Description of services provided • Number of youth serviced • Location/type of room or facility

1 O.Any failures or refusals to complete a contract and explanation. 11.1ndividuals/Agencies who own an interest of 10% or greater in the proposing firm. 12. Financial interests in other lines of business.

C. Resumes and Qualifications of Personnel:

The Proposer shall furnish a personnel staffing plan with sufficient information for judging the quality and competence of the personnel dedicated to the account. In its assessment of the proposal, City will place considerable emphasis on the commitment by the Proposer to provide qualified personnel for the services being considered. The Proposer shall furnish resumes in outline form for the key personnel committed to this account. Proposer shall also include the number and type of additional support personnel who will be providing services. The substitution or addition of supervisory individuals shall be allowed only with prior written approval of the City.

Resume Format:

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Name

Position

Education

Show degrees earned and certifications, school and year of completion. Exclude company courses or information that is not relevant to the person's functional job duties.

Summary of Experience

In chronological order, most recent date first, summarize experience as it relates to providing recreation programs and other services for youth ages 7-17.

Professional Trainings /Certifications

Contractor shall describe the training provided to their staff and include a copy of their staff training manual, emergency procedures and any certifications such as First Aid, AED, and CPR.

If sub-contractors are to be used as part of this proposal, a resume of the sub-contractor and relevant experience is to be included in the same format.

D: Organizational Chart:

Proposer shall include an organizational chart that reflects titles of key staff and management contacts of each individual assigned to provide services under this Proposal. Included in the organizational chart, please list all sub-contracted work to individuals/agencies.

It is the City's preference to have key supervisory personnel identified in the Organizational Chart to remain during the term of the agreement. The Proposer shall note concurrence on the restrictions to changes in key personnel. A transition plan shall be presented in this section in the event there are proposed changes in key personnel during the term of the agreement that are outside of the consulting firm's control or if the City requests such change.

E: References:

Proposer must provide three (3) references for whom Proposer has provided similar services performed in California of the nature and scope as set forth in the RFP within the last five (5) years. Include name of business, name of contact person, telephone number of contact person, and description of services provided.

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F: Overview and Approach:

)- Understanding: Proposer must include in this section their understanding of traditional recreation program services outlined in this Request for Proposal and their understanding of youth programming and providing contracted recreation and other services for youth between 7-17 years of age.

)- Approach: Proposer must include in this section its approach to providing efficient and effective recreation program services for youth. In this section, Proposer is to include:

o Understanding and approach for recreation program services for youth. o Strategy for recreation program services for youth. o Process of recreation program services for youth. o Development and implementation recreation program services for youth. o Innovative and successful approaches to implementation of recreation

program services for youth. o Plan to accommodate all youth including those with special needs.

)- Proposer must reference all duties as listed in the SCOPE OF WORK. Proposer must note any services NOT provided by their firm.

)- Proposer shall also list any resources, City assistance or other items expected to be provided by City (computer, office, etc.).

)- Proposer may additionally itemize those services which are further required in the servicing of the account but are not noted in the aforementioned paragraphs as requirements. Proposer will title this section as ADDITIONAL SERVICES.

G: Integration Plan:

o Proposer must describe how they will integrate their staff and implement their services into City operations.

H: Compensation/Payment Schedule:

Proposer is required to submit their cost proposal in the format as outlined in Section V.

Proposer must state if the proposed rate is guaranteed for the term of an agreement (if awarded) or if it is subject to adjustments. If subject to adjustments, Proposer must state the frequency of adjustments and how adjustments are determined.

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1: Certificate of Insurance:

Proposer shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Recreation Program Services Agreement (attached as Appendix 4) prior to execution of the contract.

J: Certification of Proposal:

Proposer is required to sign and submit the Certification of Proposal in Appendix 3.

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NO.

SECTION Ill

PROPOSAL EVALUATION AND SELECTION

An Evaluation Committee will be established by the City. The Committee may be comprised of City staff or other personnel as determined by the City and will evaluate all proposals received in accordance with the Evaluation Criteria. The City reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until or if an award is made. The City shall not be obligated to accept the lowest priced proposal, but the City may make an award in the best interests of the City after all factors are considered, including but not limited to the demonstrated competence, experience and professional qualifications of the Proposer.

Selection of qualified Proposers will be based on the following criteria as set forth herein. Criteria are listed in random sequence and are not considered in any rank or order of importance. Interviews may be held with the most qualified respondents. The recommended proposal will be submitted to the City Council for contract approval.

The proposal will be evaluated on the basis of the response to all questions and requirements of this RFP. The City shall use some or all of the following criteria in its evaluation, in no particular order:

1. Demonstrated competence in providing contracted recreation program services for youth ages 7-17 years.

2. Understanding of recreation program services for youth. 3. Experience of the firm, particularly of staff assigned to provide recreation

program for youth services, 4. Demonstrated understanding of the service needs outlined in this RFP, 5. Successful delivery of similar services (including recreation program services for

youth). 6. Quality and experience of sub-contractor team, 7. Location of firm and availability of staff assigned to City, 8. Quality of references, 9. Proposed costs, 10. Content, quality, completeness and form of submitted proposal, 11 . Site visit to existing facilities, 12.1nterviews.

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NO.

SECTION IV

SCOPE OF SERVICES

City Information: The City of Rancho Santa Margarita (City) invites qualified agencies to submit proposals to operate a Youth Drop-In Center and provide structured recreation and other services for youth ages 7-17 years. Should and award be made, the successful Proposer will enter into a recreation services agreement with the City of Rancho Santa Margarita to operate a Youth Drop-In Center and provide recreation and other services for youth ages 7-17 years.

Rancho Santa Margarita is located in southern Orange County approximately 20 miles from Santa Ana and 45 miles south of Los Angeles. Rancho Santa Margarita incorporated on January 1, 2000 as the 33rd city in Orange County and has a current population of 49,718. The City is a general law city and operates under the councilmanager form of government. The City has 19 full time staff and various part time staff.

The City owns and operates a 24,000 square foot full-service community center. The Community Center has a ballroom, catering kitchen, meeting room, quiet lounge for seniors, and a dedicated room for youth recreation programs. The City contracts with various partners to provide services to the community including youth, adult and seniors.

The community center opened in 2004 as a central meeting place for residents and businesses of Rancho Santa Margarita and surrounding communities. Until 2008 the Bell Tower Foundation (TBTF), a non-profit organization, managed the center offering classes, activities, and event rental facilities. The City's Community Services Department assumed operations of the community center in July 2008 and began programming at the center full time in February 2009. In the heart of the city, the community center is across the street from many retail shops, restaurants, and a movie theater. Hours of operation are Monday through Thursday 8:00 a.m. to 9:00 p.m., Friday 8:00 a.m. to 6:00 p.m. and open on weekends for facility rentals. The center is an active and vibrant space accommodating independent contract classes, youth center, and congregate meal program for seniors, Meals on Wheels, summer camps, computer lab, facility rentals and special events.

Project Background Information: The City has an approximately 2,050 square foot room dedicated to youth services, known as the Youth Center. The Youth Center was developed to accommodate local youth during out-of-school hours, and provide a safe environment for youth to gather. The Youth Center is a free drop-in program that serves

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community youth from the ages of 7-17 years. The Youth Center is located in the southwest area of the Bell Tower Regional Community Center (22232 El Paseo, Rancho Santa Margarita CA 92688). The Youth Center is equipped with computers, television, pool table, foosball table, air hockey, video games and an arts & crafts area. The Youth Center has close access to the lot which facilitates easy pick-up of children by their parents.

Services to be provided: Contractor shall provide innovative strategies to provide traditional, structured youth programs in the areas of education and career development; homework assistance; academic enrichment; sciences; arts; health; life skills; sports and fitness; and character and leadership skills. Daily activities for participants can include designated computer and Wii time, outdoor sports games, indoor games, a variety of clubs, ping pong, billiards, foosball, and arts and crafts projects.

Contractor shall provide sufficient staffing/resources to ensure safe and effective program operations. The schedule should be based on two school districts; Saddleback Valley Unified School District (SVUSD) and Capistrano Valley Unified School District (CVUSD). Contractor shall insure that any employee directly providing services to minors under the agreement have been fingerprinted and has no record based on such evidence of a conviction (or guilty plea) of a felony or a misdemeanor involving a violent crime. Volunteers may be recruited by City and/or Contractor to assist with programs and/or events.

Contractor will address ways to offer partial and full scholarships as necessary to families with financial hardship. Contractor shall discuss an approach to increase attendance. Contractor shall describe how the program activities will be promoted and advertised the youth program.

Deliverables/Reports provided to City: Discuss how contractor shall keep records of attendance and how this will be provided to City staff. Describe the approach to provide a bi-annual report which will include status of implementation; and address successes, challenges, and opportunities for improvement/enhancement of the program. Given the nature of the Youth Center as a drop-in center with continuous enrollment and where attendance is not mandatory, discuss the means used to survey in a reflective manner. Discuss how the program staff will review the outcomes of the evaluations and how modifications and revisions to the program will be made, based on the evaluations, to ensure continuous quality improvement.

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NO.

SECTION V

COMPENSATION

In order to facilitate comparison of proposals, the City requires all compensation proposals to be submitted in the format below:

Provide a not-to-exceed price for all services listed in the Scope of Work including, but not limited to, rates and assigned hours for each staff position, and programming material costs.

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APPENDIX 1

NON-COLLUSION AFFIDAVIT

The undersigned declare states and certifies that:

1. This Proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation.

2. This Proposal is genuine and not collusive or sham.

3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.

4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Rancho Santa Margarita or of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

7. I have not entered into any arrangement or agreement with any City of Rancho Santa Margarita public officer in connection with this proposal.

8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

Signature of Authorized Representative

Name of Authorized Representative Title of Authorized Representative

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APPENDIX 2

CONSULTANT'S ACKNOWLEDGEMENT OF COMPLIANCE

WITH INSURANCE REQUIREMENTS FOR AGREEMENT FOR RECREATION PROGRAM

SERVICES

Consultant agrees, acknowledges and is fully aware of the insurance requirements as

specified in Section 5. Insurance Requirements of the Agreement for Professional

Services and accepts all conditions and requirements as contained therein.

Consultant: Name (Please Print or Type)

By: Consultant's Signature

Date:

This executed form must be submitted with Scope of Work proposal.

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APPENDIX 3

CERTIFICATION OF PROPOSAL TO THE CITY OF RANCHO SANTA MARGARITA

The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP) NO. 2013 CS 001

1) Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.

2) By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.

3) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.

4) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.

5) The proposal response includes all of the commentary, figures and data required by the Request for Proposal, dated August 16, 2013.

6) The proposal shall be valid for 90 days from August 16, 2013

Name of Proposer: _________ _

By: ______________ _

(Authorized Signature)

Type Name: ____________ _

Title: ______________ _

Date: ______________ _

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NO. 2013 CS 001

APPENDIX 4

SAMPLE RECREATION PROGRAM SERVICES AGREEMENT

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AGREEMENT FOR RECREATION PROGRAM SERVICES Agency Name Here

(Bell Tower Regional Community Center)

THIS REVOCABLE AGREEMENT FOR RECREATION PROGRAM SERVICES ("Agreement") is made and entered into this 1st day of October, 2012, by and between THE CITY OF RANCHO SANTA MARGARITA, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as the "CITY"), and AGENCY NAME, a nonprofit corporation (hereinafter referred to as "BGCCV" or "Contractor"). CITY and AGENCY NAME are collectively referred to herein as "Parties" or individually as a "Party."

RECITALS

A. CITY desires to provide for continued youth programs at the Youth Center located at the Bell Tower Regional Community Center, 22232 El Paseo, Rancho Santa Margarita, California 92688 ("Bell Tower Regional Community Center").

B. AGENCY NAME has submitted to CITY a proposal to provide youth program services at the Bell Tower Regional Community Center.

C. Based on its experience, training, and reputation, AGENCY NAME is qualified to provide youth program services.

NOW, THEREFORE, IN CONSIDERATION of the mutual promises and agreements contained herein, THE PARTIES AGREE AS FOLLOWS:

1. CONTRACTOR SERVICES

1.1. Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide youth program services at the Bell Tower Regional Community Center as described in the Scope of Services attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon programs outlined in Exhibit "B", attached hereto and incorporated herein by reference. Contractor warrants that all services and programs shall be provided in a competent, professional, and satisfactory manner. In the event of any inconsistency between the terms contained in Exhibit "A" and Exhibit "B" and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern.

1.2 Use of the Bell Tower Regional Community Center. Contractor shall use and occupy designated portions of the Bell Tower Regional Community Center on a non-exclusive, revocable basis to provide services and programs pursuant to the terms and conditions of this Agreement and subject to all rules and restrictions relating to the use of the Bell Tower Regional Community Center.

1.3 Compliance with Law. All services and programs rendered under this Agreement shall be provided by Contractor in accordance with all applicable federal, state, and

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local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder.

1.4 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement.

1.5 Familiaritv with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the services and programs should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement.

1.6 Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, Contractor hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by CITY.

2. COMPENSATION

2.1 Compensation to Contractor. AGENCY NAME shall provide the programs and services as described in Exhibit "A" and Exhibit "B", and AGENCY NAME shall be compensated and reimbursed for services satisfactorily rendered pursuant to this Agreement, which shall not exceed $90,000.00 for the Term of this Agreement. AGENCY NAME shall allocate the maximum compensation limit of $90,000.00 to the programs and services described in Exhibit n A" and Exhibit "B" in a manner that ensures that AGENCY NAME completes the scope of services and programs described in Exhibit "A" and Exhibit "B" for the entire Term of this Agreement. CITY shall have no obligation to compensate AGENCY NAME more than the total not-to-exceed amount set forth in this section.

2.2 Compensation Defined. Compensation for services performed as provided herein shall include the cost of staff (including hourly wages, payroll taxes and insurance) and the cost of supplies, materials, and equipment used to deliver the programs and services; however, compensation shall not include holiday pay, over time, benefits, or vacation.

2.3 Additional Programs. Additional classes, dances and workshops not specified in Exhibit "B" may be offered for an additional fee paid by program participants to AGENCY NAME and at no cost to CITY. AGENCY NAME shall work with CITY to determine which classes, dances and workshops will be offered as part of the scope of services. AGENCY NAME will be responsible for collecting revenue and managing expenses and contracts with authorized independent contractors/instructors.

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2.4 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall, no later than the first working day of such month, submit to CITY in the form approved by CITY's finance manager, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Section 2.2 herein for authorized services performed. CITY shall pay Contractor for all expenses stated thereon, which are approved by CITY consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. Contractor shall submit to CITY any documentation necessary to substantiate the full and satisfactory performance of the services of which payment is requested. Detailed invoices shall be sent monthly to:

The CITY of Rancho Santa Margarita Attn: Wendi Redington, Community Services Department 22112 El Paseo Rancho Santa Margarita, CA 92688

2.5 Changes in Scope of Services. No additional fees shall be paid by CITY for services or costs not included in the Agreement without the written approval of CITY prior to undertaking such work. In the event any change or changes in the Scope of Services and/or programs is requested by CITY, the Parties hereto shall execute a written amendment to this Agreement setting forth with particularity all terms of such amendment, including, but not limited to, any additional compensation.

2.6 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Rancho Santa Margarita City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to CITY.

3. COMMENCEMENT AND TERM

3.1 Term. Unless earlier terminated in accordance with this Agreement, this Agreement shall continue in full force and effect, commencing on October 1, 2012, and ending on June 30, 2013, unless extended by mutual written agreement ofthe Parties.

3.2 Termination. The Agreement shall terminate upon thirty (30) days' written notice by either party to the other. In the event of a termination without cause, the CITY shall pay AGENCY NAME for all services performed under this Agreement, which is supported by documentary evidence, up until the date of the termination.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith: James Littlejohn, Executive Director. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principal is a substantial inducement for CITY to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of Contractor and devoting sufficient time to

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personally supervise the services hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be the CITY Manager, or his/her designee. It shall be the Contractor's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Contractor shall refer any decisions that must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignment. The expenence, knowledge, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for CITY to enter into this Agreement. Therefore, Contractor shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of CITY. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of CITY.

4.4 Independent Contractor. Neither CITY nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of CITY and shall not be an employee of CITY and shall remain at all times as to CITY a wholly independent contractor with only such obligations as are consistent with that role; however, CITY shall have the right to review Contractor's work, programs, and services. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of CITY.

4.5 Personnel. Contractor agrees to assign the following individuals to perform the services set forth herein. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, or his/her designee, the CITY shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name:

TBD

4.6 Contractor's Responsibilities for its Employees

4.6.1. Fingerprinting. Contractor shall ensure that any employee directly providing services to minors under this Agreement has been fingerprinted and has no record based on such evidence of a conviction (or guilty plea) of a felony or a misdemeanor involving a violent crime, in accordance with Contractor's hiring requirements. Prior to providing any services hereunder, Contractor shall provide CITY with a written certification signed under penalty of perjury that the Contractor has complied with the provisions of this subsection 4.6.1, and listing the employees who will

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be providing services to minors. The list of employees may be attached and may be amended from time to time by Contractor supplying a new list to CITY.

4.6.2 Compliance with Bell Tower Regional Community Center Policies and Procedures. Contractor shall ensure that it, and its employees and invitees, comply with the Bell Tower Community Center Policies and Procedures, which is attached hereto as Exhibit "C" and incorporated herein by reference, as the same may be updated by the CITY from time to time.

4.6.3 Other Responsibilities. responsible for the following:

AGENCY NAME shall additionally be

4.6.3.1. AGENCY NAME shall ensure qualified (screened, trained and certified) staff is available during the Hours of Operation or other program hours.

4.6.3.2. AGENCY NAME shall hire, staff, train, supervise and compensate all of its employees and independent contractors.

4.6.3.3 AGENCY NAME shall obtain prior written permission from CITY before using the name, symbols, and/or marks of the CITY, including the official CITY seal, in any form of publicity in connection with the services performed under this Agreement.

4.6.3.4 AGENCY NAME shall be responsible for all tax reporting required for any employees and self-employed individuals.

5. BELL TOWER REGIONAL COMMUNITY CENTER

5.1. No Representations or Warranties. AGENCY NAME has investigated the Bell Tower Regional Community Center and accepts the Bell Tower Regional Community Center conditions as may exist from time to time. CITY makes no representations or warranties of fitness for the use contemplated by AGENCY NAME. AGENCY NAME acknowledges and understands that AGENCY NAME's use of the Bell Tower Regional Community Center is nonexclusive and that the Bell Tower Regional Community Center may be accessed at any time by CITY licensees, invitees, employees, agents, or representatives. Accordingly, except to the extent arising out of the gross negligence or willful misconduct of CITY, AGENCY NAME agrees to assume all risks associated with entry and presence in the Bell Tower Regional Community Center and releases CITY from any and all liability that might arise from the condition of the property.

5.2 CITY's Rights. In permitting AGENCY NAME to use the Bell Tower Regional Community Center, the CITY does not relinquish custody or control thereof and does hereby specifically retain the right to enact, modify, or enforce any and all appropriate laws, rules, and regulations applicable to said premises. Representatives of CITY may enter any of the premises and facilities described herein at any time and on any occasion without notice or any other restrictions whatsoever.

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5.3 Contractor's Obligation to Maintain. AGENCY NAME shall keep those portions ofthe Bell Tower Regional Community Center used free and clear of rubbish and litter and shall deposit rubbish and litter in containers as designated. Trash containers shall be kept in an approved enclosed area. No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, shall be permitted to remain within the Bell Tower Regional Community Center, and AGENCY NAME shall prevent any accumulation thereof from occurring. Upon termination of this Agreement, AGENCY NAME shall restore the portions of the Bell Tower Regional Community Center used by AGENCY NAME for its services and programs to as close to the same condition as before the commencement of the Agreement to the maximum extent feasible to the reasonable satisfaction of City, ordinary wear and tear excepted. ·

5.4 No Nuisance. AGENCY NAME shall not use or permit the use of the Bell Tower Regional Community Center in any manner which creates a nuisance or that causes a violation of the CITY's noise ordinance outside the Bell Tower Regional Community Center, or in violation of the Bell Tower Facilities' operating Policies and Procedures, including, without limitation, live, recorded, or broadcast entertainment or the use of loudspeakers or sound or light apparatus other than as may be required by law or necessary or advisable for safety purposes.

6. HOURS OF OPERATION

AGENCY NAME shall provide programs Monday through Friday from 2:30 p.m. to 6:00 p.m. during the school year. For Minimum Schedule school days, the Contractor will provide services from 12:30 p.m. to 6:00p.m. During official school Winter and Spring vacations and school holidays, Contractor shall provide services from 12:30 p.m. to 6:00 p.m. The Parties shall adjust the hours of operation if and when necessary to accommodate special events, school district minimum days, changes in programs, or budgetary considerations.

7. INSURANCE AND INDEMNIFICATION

7.1 Insurance. Contractor shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to CITY, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's performance under this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days written notice to CITY of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the CITY, its elected and appointed officials, officers, employees, agents, and volunteers as additional insureds by original endorsement shall be delivered to and approved by CITY prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify CITY, its elected and appointed officials, officers, agents, employees, and volunteers.

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7.1.1 Minimum Scope of Insurance. The mrmmum amount of insurance required hereunder shall be as follows:

7.1.1.1 Comprehensive general liability and personal injury with limits of at least one million dollars ($1 ,000,000.00) per occurrence, and two million dollars ($2,000,000.00) in the general aggregate; the commercial general liability policy shall name the CITY of Rancho Santa Margarita and the Indemnified Parties (defined below) as additional insureds in accordance with standard ISO additional insured endorsement form CG20 1 0(1185) or equivalent language;

7 .1.1.2 Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

7 .1.1.3 Workers' Compensation insurance in the statutory amount as required by the State of California, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.

7.1.2 General Conditions. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects CITY and its respective elected and appointed officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by CITY and its respective elected and appointed officials, officers, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against CITY, its elected and appointed officials, officers, employees, agents, and volunteers.

7.1.3 Sufficiency of Insurers. Insurance required herein shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Eligible Surplus Lines Insurers (LESLI), by the latest edition of A.M. Best's Key Rating Guide, except that the CITY will accept workers' compensation insurance from the State Compensation Fund.

7.1.4 Verification of Coverage. Contractor shall furnish CITY with both original certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the CITY before work commences. CITY reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Workers' Compensation policies.

7.1.5 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the CITY. At the option of the

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CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its elected and appointed officials, officers, employees, agents, and volunteers; or, Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

7.1.6 Separation oflnsureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the CITY, its directors, officials, officers, employees, agents, and volunteers.

7.2 Indemnification.

7.2.1 Generallndemnity. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, directors, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees and independent contractors included), for damage to property, including property owned by CITY, from any violation of any federal, state, or local law or ordinance, which Claims arise out of or are related to Contractor's performance under this Agreement. Without limiting the foregoing, Contractor shall defend all alleged Claims, arising from or related to: (1) this Agreement or its existence, (2) the presence or operation at the Bell Tower Regional Community Center of the Contractor and/or its directors, officers, members, staff, employees, independent contractors, attorneys, invitees, guests, or agents, (3) the presence or use of equipment owned, leased, supplied by, or operated by the Contractor, and/or (4) the conduct of any event, activity, program or function of Contractor, except as may be caused by any negligent or intentional act or omission of CITY and/or the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability hereunder. This indemnification shall extend to Claims alleged or arising after this Agreement is terminated.

7.2.2 Indemnity for Contractor's Employees. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold harmless CITY and Indemnified Parties from any and all liability, fines and penalties incurred by CITY for claims made by Contractor's employees, agents, subcontractors, independent contractors, and volunteers for health, retirement and/or other benefits attributable to the services performed pursuant to this Agreement. This indemnification shall extend to Claims alleged or arising after this Agreement is terminated.

8. RECORDS

8.1 Records. Contractor shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to

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evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.2 Cost Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by CITY and copies thereof shall be promptly furnished to CITY upon request.

9. ADDITIONAL CONTRACTOR RESPONSIBILITIES

9.1 Registration Forms. Contractor shall be responsible for the registration of program participants and maintenance of all records and related documents. Prior to any program participant's involvement with Contractor's programs and services, Contractor shall be responsible for obtaining and maintaining releases and waivers of liability from each program participant, which would release the CITY from any liability for accidents, incidents, or injuries arising from the Contractor's programs and services.

9.2 Repair Notification. Contractor shall promptly notify the CITY of any required repairs and/or safety or code violations which may require temporary closure of the Bell Tower Regional Community Center.

9.3 Separate Fees. Contractor shall be responsible for establishment of a revenue program for its own fees, including, but not limited to, membership fees and program fees.

9.4 CITY Equipment. The Contractor shall store and lock or otherwise secure all of CITY's portable equipment and materials when not in use by Contractor.

9.5 Compliance With All Laws and Regulations. Contractor shall comply with all applicable Federal, State, and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated hereunder, including, without limitation, all applicable fair labor standards and Cal/OSHA requirements.

10. CITY RESPONSffiiLITIES

10.1 Maintenance and Repairs. City shall be responsible for ordinary utility costs and ordinary costs for the maintenance and repairs at the Bell Tower Regional Community Center, including the equipment, facilities, premises and property thereon, except for any damage caused or contributed by Contractor or any guest or invitee of Contractor. Contractor agrees to pay whatever expenses are required to restore the Bell Tower Regional Community Center, or any property of such facility, or any part of the rented facility, to the same condition as prior to when Contractor utilized the facility, including, but not limited to, any needed surface cleaning, ordinary wear and tear excepted.

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10.2 Cleaning. CITY shall clean the Bell Tower Regional Community Center consistent with all cleaning procedures required by the Department of Health.

11. ENFORCEMENT OF AGREEMENT

11.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

11.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of CITY shall be deemed to waive or render unnecessary CITY's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

11.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

11.4 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

11.5 Termination Prior to Expiration of Term. CITY reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the CITY. Upon receipt of the notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter.

11.6 Attorney Fees. In the event any dispute between the parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

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12. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION

12.1 Non-Liability of City Officers and Employees. No officer, director, elected or appointed official, or employee of CITY shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by CITY or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

12.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry.

13. MISCELLANEOUS PROVISIONS

13.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

CITY:

CONTRACTOR:

CITY Manager CITY of Rancho Santa Margarita 22122 El Paseo Rancho Santa Margarita, CA 92688

Executive Director AGENCY NAME HERE Address City, State Zip

13.2 Integrated A!!reement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement.

13.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

13.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder.

13.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that

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by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement.

14. CONTRACTOR'S NONPROFIT STATUS

Should anything in this Agreement adversely affect AGENCY NAME's not-for-profit status, this Agreement may be terminated at AGENCY NAME's sole discretion consistent with Section 5(B) herein.

(SIGNATURES ON FOLLOWING PAGE)

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates ·stated below.

AGENCY NAME HERE

Dme: --------------~By __________________________ __ President

Date: By ---------------- ----------------------------

Secretary

CITY OF RANCHO SANTA MARGARITA

Dme: ________________ By: __________________________ __

City Manager

Date: --------------~By:---------------------------

City Clerk

APPROVED AS TO FORM:

City Attorney

By: -------------------

Title

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Exhibit A

Scope of Services

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Page 111

Exhibit B

Schedule of Services

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Exhibit C

POLICIES AND PROCEDURES Bell Tower Regional Community Center

THE BELL TOWER REGIONAL CENTER (the "Facility") IS OWNED AND OPERATED BY THE CITY OF RANCHO SANTA MARGARITA. IT IS INTENDED PRIMARILY FOR SOCIAL, CULTURAL, EDUCATIONAL, PHILANTHROPIC OR RECREATIONAL PROGRAMS. INDIVIDUAL, COMMUNITY AND BUSINESS ORGANIZATIONS ARE PERMITTED AND ENCOURAGED TO USE THE FACILITY, WHICH IS AVAILABLE ON A RESERVATION BASIS.

a. For purposes of these Policies and Procedures, the term "City" shall mean the City of Rancho Santa Margarita, and "City Designee" shall mean the City Community Services Supervisor.

b. Organizations and individuals conducting meetings, receptions, social gatherings, celebrations, charitable fund raising events, recreational and/or educational instruction may submit meeting requests up to (12) months in advance.

c. Unless authorized by separate agreement, no permanent rental or assignment of any portion of the Facility shall be made to any individual or organization.

d. Religious groups desiring use of the Facility for the purpose of conducting regular services may be granted for emergency situations only (i.e., loss of facility) on a short term basis for three (3) months; extensions are subject to review by City's Designee, but in no event is the use to extend beyond twelve (12) months.

e. Any portion of the Facility designated for senior center use funded by the Senior Center Bond Act Fund of 1984 may not be used for sectarian instruction or as a place for religious worship. (Welfare and Institutions Code Section 9597)

f. Local organizations may schedule political forums open to all candidates upon approval of written request. The Facility may not be used for political campaigning or for political fund raising.

g. No smoking is allowed in the Facility or within 20 feet of any entrance.

h. The Facility cannot be reserved/rented for the purpose of conducting any illegal gaming/gambling as defined by California Penal Code Section 330.

1. Parking is available to all users for the Facility. No reserved parking shall be permitted. Loading or unloading is permitted only in marked parking stalls. Vehicles are prohibited at all times on sidewalks and turf.

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j. The fees for the City Programs shall be approved by the City as part of the annual budget for the City Programs. Fees for other programs shall be established by the users providing the service.

k. Use and rental of the Facility shall be subject to availability of space after accommodating City sponsored programs. In the event multiple requests are made for use of the Facility at an overlapping time and location, priority shall be given to use/rental ofFacility in the following descending order of priority:

1: Annual City events confirmed 6 month in advance of event. 2. City Programs and City sponsored activities (Senior, Youth programs) confirmed

thirty (30) days in advance. 3. Any use or rental that has already been reserved and confirmed in writing by the

City. 4. Boys and Girls Club or similar youth program activities. 5. City residents and non profit 501(c)(3) organizations. 6. Non-City residents and other non profit organizations. 7. Business and commercial organizations.

1. All users are required to complete a Facility Rental Agreement and comply with all terms of the Facility Rental Agreement.

m. Each user of the Facility will be responsible to ensure that all of its employees, contractors, service providers, caterers, assistants, volunteers, and invitees using the Facility are aware of and observe and obey all Policies and Procedures and all local, state and federal laws. The user is responsible for the actions of all event participants and all areas of the Facility utilized by them, including restrooms. The Facility must be cleaned and returned to the exact condition in which it was accepted.

n. Meetings or activities conducted at the Facility may not be advertised or promoted as a City of Rancho Santa Margarita sponsored activities. All material used for advertising or announcing a meeting or activity shall be submitted to the City Designee at least ten (10) days prior to the use for approval.

o. No equipment, furnishings or other materials shall be brought into the Facilities that may damage the flooring, walls or structure of the Facilities, and the City reserves the right to refuse access for such equipment, furnishings or other materials. The user shall be responsible to reimburse the City for the cost to repair any damage to the Facilities arising during setup, use or cleanup after the use.

p. Based on the type of event, the City reserves the right to require any group to provide liability insurance for its event.

q. The City reserves the right to bill the user for damages and costs incurred by the City as a result of the user's use of the Facility.

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r. The City reserves the right to cancel or reject current and future reservations due to the misrepresentation, misuse of facilities, flagrant violation of the City's policies and regulations, or mistreatment of City staff.

s. For safety reasons, it is important to observe the maximum capacity of rooms as established by the Fire Department. Events that exceed maximum limits may be shut down, and the group will forfeit their deposits and risk suspension of future reservations.

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955047. I

EXHIBIT "C"

BELL TOWER REGIONAL COMMUNITY CENTER

POLICIES AND PROCEDURES

Exhibit C

Page 116POLICIES AND PROCEDURES

Bell Tower Regional Community Center

THE BELL TOWER REGIONAL CENTER (the "Facility") IS OWNED AND OPERA TED BY THE CITY OF RANCHO SANTA MARGARITA. IT IS INTENDED PRIMARILY FOR SOCIAL, CULTURAL, EDUCATIONAL, PHILANTHROPIC OR RECREATIONAL PROGRAMS. INDIVIDUAL, COMMUNITY AND BUSINESS ORGANIZATIONS ARE PERMITTED AND ENCOURAGED TO USE THE FACILITY, WHICH IS AVAILABLE ON A RESERVATION BASIS.

a. For purposes of these Policies and Procedures, the term "City" shall mean the City of Rancho Santa Margarita, and "City Designee" shall mean the City Community Services Supervisor.

b. Organizations and individuals conducting meetings, receptions, social gatherings, celebrations, charitable fund raising events, recreational and/or educational instruction may submit meeting requests up to (12) months in advance.

c. Unless authorized by separate agreement, no permanent rental or assignment of any portion of the Facility shall be made to any individual or organization.

d. Religious groups desiring use of the Facility for the purpose of conducting regular services may be granted for emergency situations only (i.e., loss of facility) on a short term basis for three (3) months; extensions are subject to review by City's Designee, but in no event is the use to extend beyond twelve (12) months.

e. Any portion of the Facility designated for senior center use funded by the Senior Center Bond Act Fund of 1984 may not be used for sectarian instruction or as a place for religious worship. (Welfare and Institutions Code Section 9597)

f. Local organizations may schedule political forums open to all candidates upon approval of written request. The Facility may not be used for political campaigning or for political fund raising.

g. No smoking is allowed in the Facility or within 20 feet of any entrance.

h. The Facility cannot be reserved/rented for the purpose of conducting any illegal gaming/gambling as defined by California Penal Code Section 330.

1. Parking is available to all users for the Facility. No reserved parking shall be permitted. Loading or unloading is permitted only in marked parking stalls. Vehicles are prohibited at all times on sidewalks and turf.

J. The fees for the City Programs shall be approved by the City as part of the annual budget for the City Programs. Fees for other programs shall be established by the users providing the service.

k. Use and rental of the Facility shall be subject to availability of space after accommodating City sponsored programs. In the event multiple requests

Page 117are made for use of the Facility at an overlapping time and location, priority shall be given to use/rental of Facility in the following descending order of priority:

1: Annual City events confirmed 6 month in advance of event. 2. City Programs and City sponsored activities (Senior, Youth programs)

confirmed thirty (30) days in advance. 3. Any use or rental that has already been reserved and confirmed in writing

by the City. 4. Boys and Girls Club or similar youth program activities. 5. City residents and non profit 501(c)(3) organizations. 6. Non-City residents and other non profit organizations. 7. Business and commercial organizations.

1. All users are required to complete a Facility Rental Agreement and comply with all terms ofthe Facility Rental Agreement.

m. Each user of the Facility will be responsible to ensure that all of its employees, contractors, service providers, caterers, assistants, volunteers, and invitees using the Facility are aware of and observe and obey all Policies and Procedures and all local, state and federal laws. The user is responsible for the actions of all event participants and all areas of the Facility utilized by them, including restrooms. The Facility must be cleaned and returned to the exact condition in which it was accepted.

n. Meetings or activities conducted at the Facility may not be advertised or promoted as a City of Rancho Santa Margarita sponsored activities. All material used for advertising or announcing a meeting or activity shall be submitted to the City Designee at least ten (1 0) days prior to the use for approval.

o. No equipment, furnishings or other materials shall be brought into the Facilities that may damage the flooring, walls or structure of the Facilities, and the City reserves the right to refuse access for such equipment, furnishings or other materials. The user shall be responsible to reimburse the City for the cost to repair any damage to the Facilities arising during setup, use or cleanup after the use.

p. Based on the type of event, the City reserves the right to require any group to provide liability insurance for its event.

q. The City reserves the right to bill the user for damages and costs incurred by the City as a result of the user's use of the Facility.

r. The City reserves the right to cancel or reject current and future reservations due to the misrepresentation, misuse of facilities, flagrant violation of the City's policies and regulations, or mistreatment of City staff.

s. For safety reasons, it is important to observe the maximum capacity of rooms as established by the Fire Department. Events that exceed maximum limits may be shut down, and the group will forfeit their deposits and risk suspension of future reservations.