ATTACHMENT 4
MIDDLE SCHOOL DROP-IN PROGRAM REIMBURSEMENT AGREEMENT
BETWEEN CITY OF BURBANK & BOYS AND GIRLS CLUB OF BURBANK
AND THE GREATER EAST VALLEY
This Reimbursement Agreement is made as of this _day of 2023 ("Effective Date"), between the City of Burbank ("City" and the Boys & Girls Club of Burbank & Greater East Valley ("BGC"), regarding payment for an after school youth development program pursuant to the approved Use of Facilities Application from the Burbank Unified School District ("BUSD"), as more particularly described in Exhibit "A," attached hereto.
RECITALS:
BGC provides an affordable low cost after school youth development program at Luther Burbank, Dolores Huerta and John Muir Middle School campuses, pursuant to the approved Use of Facilities Application from BUSD.
B. BGC offers financial aid to individuals unable to pay for full Program enrollment costs.
Since September 9, 2014, the City Council has approved various year reimbursement agreements with BGC to contribute towards funding BC's low cost after school youth development program.
D. In 2020, the City Council approved a three-year reimbursement agreement with BGC to contribute towards funding BC's Middle School Drop-In Program. The current agreement expires June 30, 2023.
On May 23, 2023, City Council approved the use of City funds, up to $25,000 annually for a period of three years, to continue contributing to the BGC's low cost after school youth development program.
City now desires to enter into this Reimbursement Agreement with BGC as to the payment of ride find to stepint is die So rea AGREEMENT:
1. Purpose
The purpose of this Reimbursement Agreement is to assist BGC in funding a low cost after school youth development program for three BUSD middle schools within the City ("Program").
Responsibilities and Costs
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A. BGC will operate and maintain the Program, pursuant to the approved Use of Facilities Application from BUSD and will pay or be responsible for payment of all costs related to the Program. Any amendments, extensions, or renewals of the Use of Facilities Application shall be completed in writing and signed by both BGC and BUSD and shall be attached to and incorporated into this Reimbursement Agreement. At a minimum, BGC agrees to provide the following services as part of the Program:
(1) BGC shall provide afterschool care for middle school students enrolled at BUSD schools, with supervision provided by BGC staff. (2) Program services shall be provided at Dolores Huerta Middle School, John Muir Middle School, and Luther Burbank Middle School/Burbank Adult School.
B. The City shall reimburse BGC up to $25,000 annually for conducting the Program. Notwithstanding the foregoing, the City reserves the right to administratively reduce the maximum payment of $25,000. If the annual maximum payment is reduced, the City shall notify BGC of the reduced amount in writing.
BGC shall submit quarterly invoices directly to the City's Director of Parks and Recreation ("Parks Director"), or his/her designee. The Parks Director, in conjunction with the City's Director of Financial Services, or designee, shall determine whether such invoices are consistent with the scope of the Program, and upon approval, such invoices shall be payable 30 days after approval.
3. Independent Contractor
While engaged in carrying out and complying with the terms and conditions of this Reimbursement Agreement, BGC is an independent contractor and not an officer, employee, or agent of City.
4. Indemnification
BGC shall, at its own expense and cost, defend, hold harmless and indemnify City and its officers, agents, and employees from all liabilities and claims for damages for death, sickness or injury to persons or property including without limitation all consequential damages, from any cause whatsoever arising from or connected with its services pursuant to this Reimbursement Agreement and the activities conducted during and in association with the Program.
Insurance
During the entire term of this Reimbursement Agreement and any extension or modification thereof, BGC shall keep in effect a policy or polices of comprehensive general liability insurance, in the amount of $2,000,000 combined single limit. Prior to the Effective Date of this Reimbursement Agreement, BGC shall provide City with satisfactory evidence of insurance, including a provision for thirty (30) calendar day's
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prior written notice to City before cancellation or material change, evidencing the above specified coverage. The comprehensive general liability policy will name the City of Burbank, its officers, employees, agents, and representatives, as Additional Insureds, in a form satisfactory to the City. BGC shall at its own cost and expense, procure and maintain insurance under Worker's Compensation Law, if applicable. BC may satisfy these requirements through self-insurance.
Inspection and Audit
BGC shall provide reasonable access to any relevant books, documents, papers, reports, records, or other matter relating to this Reimbursement Agreement and the Use of Facilities Application, upon reasonable request by City.
B. BGC shall annually provide to City its total annual approved budget and prior year financial statements.
BGC shall provide to City quarterly financial statements for the Program, including a total budget breakdown of all Program costs, including but not limited to administrative costs, labor costs, Program costs per child, and all funding sources and amounts for the Program.
D. BGC shall provide to City quarterly reports that include records of overall attendance, daily attendance of individual students, and the residency status (Burbank vs. non-Burbank) of attending students.
E. To assist the City in determining the effectiveness of the Program, BGC shall provide to the City a report on the results of confidential surveys of parents, teachers, and students/participants focusing on the four following factors:
(1) Overall Club Experience - measured by attendance records and member perceptions of club experience;
(2) Academic Success - measured by on-time grade progression and school connectedness;
(3) Good Character and Citizenship - measured by avoidance of involvement with the juvenile justice system and conflict resolution skills;
(4) Healthy Lifestyles - measured by regular physical activity and avoidance of risky behaviors.
Any change to the factors stated above shall require the prior approval of the Parks Director.
7. BGC agrees to accept responsibility for receiving, replying to, and/or complying with any related audit exceptions by city, state or federal audit agencies
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occurring as a result of BC's performance pursuant to this Reimbursement Agreement and the Program.
8. Notices
All notices provided for by this Reimbursement Agreement shall be in writing and may be delivered by certified or registered mail, postage prepaid or by electronic mail to the addresses listed in this Section. Notices to City shall be addressed to the Director of Parks and Recreation at 150 North Third Street Burbank, CA 91510, [email protected] cc: [email protected]. Notices to BGC shall be addressed to: Shanna Warren, Chief Executive Officer, 2244 N. Buena Vista Street, Burbank, CA 91504, [email protected]
The term of this Reimbursement Agreement is August 1, 2023 to June 30, 2026.
The City shall not be responsible for the cost of any services provided by BGC for the Program after the expiration of the term of this Reimbursement Agreement.
10. Termination Provisions
A. This Reimbursement Agreement may be terminated by either party upon thirty (30) days written notice.
If BGC ceases to provide Program services, this Reimbursement Agreement shall automatically terminate and BGC shall not be entitled to any further reimbursement by City.
C. Upon termination of this Reimbursement Agreement, all outstanding debts for Program services performed prior to the termination date are to be paid in accordance with Section 2.
D. Non-Appropriation of Funds. The continuation of this Reimbursement Agreement is contingent upon the sufficient appropriation of funds by the City Council. Notwithstanding any other provision in this Reimbursement Agreement, the City Manager or his/her designee may administratively terminate or amend this Reimbursement Agreement immediately at no additional cost or penalty by providing BGC notice at any time upon the termination, suspension, discontinuation, reduction in, or non-appropriation of City funding for youth services. In such event, BGC shall be compensated for all services rendered and all necessary incurred costs performed in accordance with the terms of this Reimbursement Agreement which have not been previously reimbursed up to the date of said termination.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by the proper officers thereunto duly authorized.
ATTACHMENT 4
"CIT"
CITY OF BURBANK, a municipal corporation
By:
Justin Hess, City Manager
Attest:
Kimberely Clark, MMC, City Clerk
Approved as to Form
Office of the City Attorney
By: _
Jill Vander Borght, Senior Assistant City Attorney
"BGC"
BOYS & GIRLS CLUB OF BURBANK & THE
GREATER EAST VALLEY
By:
Name:
Title:
ATTACHMENT 4
EXHIBIT "A"
Approved Use of Facilities Application
BURBANK UNIFIED SCHOOL DISTRICT
Approval #
Facilities Services
510 South Shelton Strast Burbank, Callfornla 9150B 22-0127
APPLICATION FOR USE OF FACILITIES
CONTACT INFORMATION:
Organization's soo coir Club or burbank
300 E. Angeleno Ave
> Nor-Profit Organizátion? Yes, _No. (if yes, attach Burlenk, Ca 91602 proof of non-profit status
Applicant's Email Tude heneva to bacburbank orr
Name Lupe Herrera Phone 88) 842-9333 FAX Ex-: 1200
FACILITY INFORMATION: H802 and H80S
Adult school Restroom s
School Requested_. Facing Needed Play Felt computa
Dates Requested; (List individually) (Auditorium, Gym, Classroom, etc.) Day.of Week Mo/Day/Year Time AM/PM: (Facility opening/closing) 2pm- lepmo
2023
EVENT INFORMATION:
Purpose of Even Tity Sello Enchment Pid ar Fee Charged or Donation Accepted? Yes1 No - Spectators Event (will) (will not) be open to the general public:
Equipment Requests: (Subject to availability) Special Needs:
CUSTODIAL SUPPORT REQUESTED:
Hours/Date(s) Needed, Cuistudial Suppot needed
Custodial Support Funded By. Your coats will continue to increase until your group leaves the premises/ (When no custodial staff is on site and for weekend use, there is a 3-hour minimum - approximate cast of $105.00) We hereby certify that we shall be responsible on behalf of our organization for any damage sustained by the school premises, furniture or equipment because of the occupancy of said premises by cur organization, and we have signed and attached the appropriate Hold Harmless Agreement applicable to aur user status. We agree to pay a non-refundable $50.00 pracessing fee (Catagory li and ill only). We, the organizalion, have read and agree to abide by and to enforce the rules, regufations and policies of the Burbank Board of Education governing the use of schaol facilities as printed on the reverse side hereof.
Applicapt's Signature Date_ I1:3/20339333 6X7.720
Title Phone
(See Regulation 13 on reverse)
Copy of Current and In Force Certificate of Insurance MUST be in Applicant's and/or Organization's Name and MUST be attached to this application. Liabllity Insurance Carrier.
BURBANK UNIFIED SCHOOL DISTRICT USE ONLY:
Sile Recommendation: michael concidine 8/10/2022
Yes. No_- per
Principal
Larry CrossIcc 8/11/22
Approved: Date
Emmanue Dector of Facilities kevin Рохала
White - District Service Center Copy Yellow - School Copy Pink- Appicant's Copy REPORT OF USE (Concems, Vlolations, Damages, Etc.):...
Rov 4/2012 30-30750 (To be completed by the custodian working the use) DAITED BURBANK UNIFIED SCHOOL DISTRICT Approval #
Facilities Services
510 South Shelton Streat Burbank, Californla 91506 22-0106
APPLICATION FOR USE OF FACILITIES
CONTACT INFORMATION:
Organization's • Mailing
Name, Bays i ord Cub at Burbant Address 50DE. Arleno Aue. → Non-Profit Organization? Ye... — if yes, altach Burbank, ca 41502 proof of non-profit status)
Applicant's
NameL UpE Herrers Phone 81 892-0333 FAX Axt. 120
FACILITY INFORMATION: Classrom bue
Schod Raquated Mur middle schod
AzTes TU-
Dates Requested: (List individually) (Auditorium, Gym, Classroom, etc.) Time AM/PM: (Facility opening/closing)
mon Enday Augis - may 25
2023
EVENT INFORMATION:
Purpose of Event Aftersch thirching Prug hanged or Donation Accepted? Yes.- Number of Participants 100 -Spectator... Event (will (will not) be open to the general public.
Eguigment Reguests: (Subject to avallability) Special Needs; CUSTODIAL SUPPORT REQUESTED:
Hours/Date(s) Needed custedal Support needed -
Custodial Support Funded By. Your costs will continue to Increase uniii your group leaves the premises/ /When no custodial staff is on site and for weekend use, there is a 3-hour minimum - approximate cost of $106.00) We hereby certify that we shall be responsible on behall of our organization for any damage sustained by the school premises, fumiture or equipment because of the occupancy of said premises by our organization, and we have signed and attached the appropriate Hold Harmless Agreement applicable to our user status. We agree to pay a non-refundable $50.00 processing fee (Category li and Ill only). We, the organization, have read and agree to abide by and to enforce therules, regulations and poticies of the Burbank Board of Education governing the use of school faclities as printed on the reverse side hereaf.
7|12/2023
Applicant's Signature Date..
vice president (818) 812- 0333 ext. 120
Title Phone—
(See Regulation 13 on reverse)
Copy of Current and In Force Certificate of Insurance MUST be In Applicant's and/or Organization's Name and MUST be attached to this application. Liability Insurance Carrier.
BURBANK UNIFIED SCHOOL DISTRICT USE ONLY:
sana per catherine celaya on 8/11/22
8/11/22
Willy kevin Rail
While - District Service Center Copy Yellow - Schoal Copy Pink - Applicant's Copy REPORT OF USE (Concams, Violations, Damages, Elc.):.
(To be completed by the cuslodian working the use)
111990 BURBANK UNIFIED SCHOOL DISTRICT Approval #
Facilities Services
610 South Shelton Street Burbank, California 91908 27-0129
APPLICATION FOR USE OF FACILITIES
CONTACT INFORMATION:
reen 1, Girls Club of Burbank 360 E. Angelene Ave.
› Non-Profit Organization? Yes, V _ No __(If yes, attach burbank, A 11202 proof of non-profit status)
Applicant's Emall lupe hewera Wogeburbane on
Namelude Herere Phone 1215) 842-4253 FAXt. 1202
FACILITY INFORMATION: lunch shelter Play feld
School Requested Dolores Huerth . Facility Needed Lestazor d Dates Requested: (List Individually) (Auditorium, Gym, Classroom, etc.) Day of Week (86c)
Mo/Day/Year Time AM/PM: (Facility opening/closing)
Mon-inday Any 15 - May 25,2023 2pm - lepm
EVENT INFORMATION:
Purpose of Even After schel Ennichont Pipe char Fee Charged or Donation Accepted? Yes. No Number of ParticipantsQO Spectators Event (Wl) (will not) be open to the general public.
Egyipment Reguests: (Subject to availabilly) Special Needs:
CUSTODIAL SUPPORT REQUESTED:
Hours/Date(s) Needed les, Custodlat support Needed
Custodial Support Funded By. Your costs will continue to increase until your group leaves the premises/ (When no custodial staff is on site and for weekend use, there is a 3-hour minimum - approximate cost of $105.00) We hereby certify that we shall be responsible on behalf of our organization for any damage sustained by the school premises, fumiture or equipment because of the occupancy of said premises by our organization, and we have signed and attached the appropriate Hold Harmless Agreement applicable to our user slatus. We agree to pay a ron-refundable 50,00 processing fee (Category Il and til only). We, the organizalion, have read and agree to abide by and to enforce the rules, regulations and policies of the Burbank Board of Education govering the use of school facilities as printed on the reverse side hereat.
12\2023
vice Phone (818) 842-9332 EXt. 120
(Sea Regulation 13 on reverse)
Copy of Current and In Force Certilicate of Insurance MUST be In Applicant's and/or Organization's Name and MUST be attached to this application. Liability Insurance Carrier.
BURBANK UNIFIED SCHOOL DISTRICT USE ONLY:
Site Recommendation:
no per kenny knoup 8/12/22
larry Crosslec 8/13/22
Director of Facilities kenn
Efren Sergio
White - District Service Center Copy Yellow - School Copy Pink - Applicant's Copy REPORT OF USE (Concems, Violations, Damages, Etc.):__
(To be completed by the custodian warking the use)