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Home My WebLink About- CONTRACT - CONTRACT - BOYS AND GIRLS CLUB OF LARIMER COUNTYAGREEMENT THIS AGREEMENT is made this c2W day of d 2002, by and between THE CITY OF FORT COLLINS, COLORADO (hereinafter referred kb as the "City"), and BOYS AND GIRLS CLUBS OF LARIMER COUNTY, whose address isl608 Lancer Drive, Fort Collins, Colorado (hereinafter referred to as the "Provider"). RECITALS: The Provider is a non-profit organization formed for the purpose of providing educational, personal growth, and recreational programs for youth from the ages of 6 to 18 years; and The City desires to engage the Provider to provide educational, recreational and personal growth opportunities for such youth of Fort Collins (hereinafter referred to as the "Service"). This Agreement benefits the Fort Collins community by promoting welfare, safety, morals and contentment of all inhabitants of the City by assisting in making recreational facilities, activities and social services available for the use and assistance of the youth of the City. NOW, THEREFORE, the City and Provider agree as follows: 1. Scone of Services. The Provider will provide the following services: A. The Provider will provide for all the youth of Fort Collins but with special focus on youths aged ten- to fifteen -years, at a user fee of Two Dollars ($2.00) per youth per year, a youth center located at1608 Lancer Drive, Fort Collins, Colorado (the "Center"). i. The Center will include a game room offering social and recreational opportunities such as pool, ping pong, foosball, and music, during at least the following hours (plus any additional hours it is able to offer): 2:30 p.m. to 7:00 p.m. on weekdays when Poudre School District classes are in session, and 12:00 to 6:00 p.m. on weekdays that are Poudre School District holidays or days when classes are not in session. ii. Provider will ensure that at least two adult supervisors, at least one of whom must be an employee of Provider, are on duty at all times the Center is open to the public, and at least one additional supervisor, paid or volunteer, is on duty in the gym when the gym is open to the public. iii. Provider will maintain on hand at the Center an adequate first -aid kit and other safety supplies and equipment, including but not limited to the following supplies: a number of ice packs, band -aids, antiseptics, gauze and an emergency blood spills kit adequate to ensure that proper first aid care will be available to Center participants. 2. B. The Provider will provide a total of at least twenty-seven (27) Trips (as described in this paragraph), twenty (20) of which shall be provided prior to August 1, 2002. Each Trip provided pursuant to this Agreement shall provide recreational and educational programming for ten- to fifteen -year olds, and will be held away from the Center. The Trips shall be scheduled seasonally, and shall include transportation. Examples are trips to sporting events, the zoo, museums, and other places of interest; concerts and special events; various activities such as crafts, sports and games held in City parks. C. An activity or event offered by the Provider that duplicates any program, activity or event offered by the City for ten- to fifteen -year olds shall not be within the scope of services to be provided under this Agreement, and shall not be considered in determining whether Provider has met its requirements under this Agreement, unless otherwise expressly agreed to by the City in writing in advance of such activity or event. D. City staff will meet with the Provider's staff at the City's discretion to be updated on programming. Payments by the Citv. A. For the services described in paragraph 1 A, above, the City shall pay the Provider Four Thousand Dollars ($4,000.00) per month, payment to be processed after the receipt of monthly reports as described in paragraphs 4A and 4B, below, for a 2002 total of Forty-eight Thousand Dollars ($48,000.00). B. For the services described in paragraph 1B, the City shall pay Provider on the following basis: The City shall pay the Provider One Thousand Dollars ($1,000.00) per month, after receipt of monthly reports, for the months of January through and including July; and ii. Contingent upon the Provider having provided no fewer than twenty (20) Trips meeting the requirements of paragraph 1B before August 1, 2002, and continuing to offer Trips at a rate sufficient to permit the full performance of the required total of twenty-seven (27) Trips per year, the City shall pay to the Provider One Thousand Dollars ($1,000.00) per month, after receipt of monthly reports, for the months of August through and including December. iii. In the event the Provider fails to provide the twenty-seven (27) Trips required under paragraph 1B, the City shall be entitled to withhold any payments due under this paragraph 2, whether for services described in paragraph lA or 1B, at the rate of Four Hundred and Fifty Dollars ($450.00) per Trip for the shortfall. 3. Employees and Volunteers of the Provider. All employees and volunteers of the Provider supervising or managing activities at the Center must wear name tags at all times. Provider agrees to screen all employees, volunteers, and other representatives or agents of Provider using the background screening procedure attached as Exhibit A and incorporated herein by this reference. In the event that a background check, or any other information available to Provider, raises questions about the trustworthiness of an individual for a position of trust working with youths, such individual shall not be employed or allowed to volunteer at the Center, or in a manner that would permit contact by that person with youths participating in programs or services provided under this Agreement. 4. Records and Accounting, Reporting. A. The Provider shall maintain fiscal accounting records for all costs actually incurred by the Provider in rendering services to the eligible youth of Fort Collins under the terms of this Agreement. The Provider shall also accurately record participation levels for all programs provided hereunder, by Trip and program. The Provider shall report all such costs and participation information to the City on a monthly basis, by the 12th day of each month, and in a manner acceptable to the City. Provider's report shall include a breakdown of how the City's payments to it have been allocated to Provider's services rendered hereunder, and shall specifically describe each Trip offered, the number, identity and age of participants, and Trip accounting. B. The Provider shall maintain accurate accounts related to its overall operation, including the amounts and sources of all revenue of the Provider, and the costs allocated to each of Provider's programs, and shall provide a monthly financial report for Provider's organization to the City by the 12th day of each month. C. Provider shall submit to an audit of its records and activities, as may be required by the City. D. The Provider will submit all minutes from any meetings of the Board of Directors of Provider board meetings to the City by the 12th day of each month. E. All records maintained by Provider in connection with the services provided under this Agreement shall be made available to the City for review upon request. 5. Term of Agreement. This Agreement shall be effective as of January 1, 2002. The Provider shall provide the Service through December 31, 2002. undertakings and professional services herein prescribed and contemplated as an independent contractor. B. That this Agreement may not be enlarged, modified, or altered, except in writing, signed by the parties as an amendment hereto. C. That no waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. D. That it is expressly understood and agreed by the parties hereto that the only expenditures to be made by the City under and by virtue of this Agreement shall be amounts specifically provided herein. 10. Indemnification. Any liability incurred by the Provider in providing services pursuant to the provisions of this Agreement shall be solely the liability of the Provider, and the City shall incur no liability by reasons thereof. The Provider agrees to indemnify the City, its officers, agents, representatives, successors and assigns and hold them harmless against any and all liability or claim of liability arising from any negligent act or omission of the Provider, its employees, officers, agents or representatives. IN WITNESS WHEREOF, this Agreement is signed the day and year first above written. ATTEST: City Clerk APPRO ED AS TO FORM: Asses ant City Attorney ATTEST: ri pa� o d S cretary CITY OF FORT COLLINS, COLORADO a municipal corporation By: �1�.... J=Fischbach, QCity M�anageQr By:i SIG � O'Neill, II, CPPO of Purchasing and Risk Management BOYS AND GIRLS CLUBS OF LARIMER COUNTY MAR-06-02 WED 05:51 PM Poudre Fire Authority FAX:970 221 6635 FROM FAX NO. : 97OM15WS IL!R OS—Oi TUF 96:50 M Poldre Fire Authority FAX:9IC 221 5635 PAGE 3 Mar. 05 2002 03:54PM P1 PAGE[ >CXEMUT OAw WORRaaDRRFORM P151MANT TO AN AORU MINT 8191VM TREPOVDRRF Ath90IM 2 5� et PMAXTOPAND PAAiTJNC Mini erclamr u DatNr Maeeh 4.26M .'We*OrdwNumber. AMA 8a10 M42 PaepAma OrderNumba n CalllmmeemeN DM O: WAZ Oaepkam Da1tm D Malbmm FM MIN and rHmimraahle direstpr 1T7167.00 Daa�puaa 14d+tladdordAld�Siali0 60aemmt Odemmtinelmdethe Fun••wnwNu w.ara�r wurWAa7greG laemmOlKa7 Cei0IR yasaBBd>o: '. 0� amamm Pmchae4aty --• hia dw ahme wed oaths m penis ha load iuteda rod 1a fhs $arvlrnApspreat 6etrrera —2 " 7it+paetoA at sae U) Pap# ate henhy accepted and sawpKu d hetade by W is dAmOp(Iirs VAR-AF-A') T1112 M1L.ro 'Dtr VnAll.nnnnn4rnrr