FIRST AMENDMENT
TO
AFTER SCHOOL COMMUNITY
RECREATION PROGRAM SERVICES AGREEMENT
THIS FIRST AMENDMENT TO AFTER SCHOOL COMMUNITY RECREATION PROGRAM SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _______________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and ALLELOUS, INC., a California corporation doing business as THE HUB OC (“Contractor”), with reference to the following:
A. On July 10, 2018, City entered into an After School Community Recreation Program Services Agreement with ONEOC dba Youth Centers of Orange (“Original Contractor”), Agreement No. 6626, which is incorporated herein by this reference (the “Original Agreement”); and
B. On June 10, 2020, City, ONEOC, and Allelous, Inc. dba The HUB OC entered into an Assignment of After School Community Recreation Program Services Agreement (Agreement No. 6956), which is incorporated herein by this reference (the “Assignment”). By this Assignment, The HUB OC (“Contractor”) assumed all obligations and benefits under the Original Agreement; and
C. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Services, revising the term and increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.
Section 3. Revised Scope of Services . The Scope of Work referenced in Recitals Section E.8. of the Original Agreement is hereby modified and supplemented to reflect the services described on Exhibit “A” attached hereto and incorporated herein by this reference.
Section 4. Revised Term of Agreement. The Term of Agreement in Section 1 of the Original Agreement is hereby extended and incorporated herein by this reference. The pertinent provision in Section 1 is revised to read as follows:
“The term of this Agreement will be six years (“Term”) commencing commence July 1, 2018, and expiring on June 30, 2024.”
2 Section 5. Revised Budget. The Budget referenced in Section 2.A of the Original Agreement is hereby modified and supplemented for the July 1, 2023, to June 30, 2024, period to reflect the budget set forth in Exhibit “ B,” attached hereto and incorporated herein by this reference.
Section 6. Compensation. Section 3 of the Original Agreement, “Compensation,” is revised to read as follows:
3. Compensation
A. This is a Six Year agreement in which the City will subsidize the cost of the program with total funding of FORTY THREE THOUSAND ONE HUNDRED SEVENTY DOLLARS AND 00 /100 ($43, 170.00) per year for the period July 1, 2018 through June 30, 2023, and FORTY THOUSAND AND 00/100 ($40,000.00) per year for the period July 1, 2023, through June 30, 2024, which must be used first for personnel directly serving the programs, and secondarily for other program related costs at Grijalva, El Camino Real, Killefer Parks.
B. CDBG fund ing is dependent upon the availability of funds, CDBG Committee funding recommendations, and City Council allocation of funds during each year's budget process. The CDBG funds can only be used for activities carried out at Grijalva, El Camino Real, and Killefer Parks . The total not -to-exceed amount available for the work and services to be rendered under the Agreement for each year shall be determined and set by the City Council annually, in its sole and absolute discretion, as part of its budget approval process.
C. As Programs are provided, Contractor shall submit invoices for these services on a monthly basis to City based on expenses incurred not to exceed the amounts set for above during the ten month program, at a minimum, based on the Orange Unified School Distr ict Calendar. The invoices shall be in a form that meets the reasonable satisfaction of City and shall only be for those services directly related to the provision of the Programs and within the guidelines of this Agreement, which includes all documents incorporated herein. City shall reimburse Contractor within 30 days of approval of the invoice.
Section 7. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agree ment shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First A mendment shall control and govern the rights and obligations of the parties.
3 IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
ALLEOUS, INC., a California corporation, dba CITY OF ORANGE, a municipal corporation
THE HUB OC
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning, City Attorney
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
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EXHIBIT “A”
Scope of Work
Funding
• The provided funding support will come from Community Development Block Grant (CDBG) funding.
Due to grant funding, specific CDBG requirements must be met in terms of reporting/tracking and participant eligibility. See Administrative Requirements below for more information regarding CDBG. • The City will cover all facility maintenance and usage costs associated with each program site including but not limited to utilities (excluding phone), custodial, and building repairs that are attributed to normal wear and tear, etc.
• The Contractor will provide funding beyond the provided CDBG funds using other funding sources.
Staff
• The Contractor will have at least one (1) staff member on duty per fourteen (14) participants at each program site. The staff member must be present prior to programming and will remain at site until all participants officially sign out.
• The Contractor will always have at least one lead staff at each site, to supervise staff, volunteers, and overall program structure during the designated site time. • The Contractor will require all program staff to be in an approved Youth Centers of Orange uniform during program hours.
• The Contractor will have at least one (1) first aid and CPR certified staff at each site during program times.
• The Contractor will conduct initial background checks of all program staff consisting of drug testing, TB test, and Livescan fing erprints, including a Megan’s Law Check. Background checks for returning staff must consist of drug screen each year.
Volunteers
• The Contractor will ensure all volunteers working with minors under the age of 18 obtain Livescan fingerprints, including a Megan’s Law check.
Programming
• The Contractor will provide programming from 2:30 p.m.-6 p.m. Monday through Friday and half days per the Orange Unified School District academic instruction ten-month calendar. The Contractor will not close site if an offsite excursion is planned; the program is to be available for participants to arrive and leave during the designated program time.
• The Contractor will provide at a minimum, programming details on a written monthly calendar to include recreation, enrichment, daily tutoring and/or homework assistance, and site special events.
The Contractor may offer a snack or nutrition program at each program site. • The Contractor shall communicate all program dates bi-annually, including closures, to the designated City of Orange official, for approval of the site. If at any time the Contractor recommends program sites are to close due to unforeseen circumstances, the Contractor should confer with the City designee before the decision is made.
• The Contractor shall inform de signated City of Orange official within 24 hours of any complaints received or issues of concern raised by parents/guardians that the City may need to address. • The Contractor will maintain the appropriate first aid supplies at each program site for participants.
Administrative Requirements
• The Contractor will offer programming to a minimum of 150 children, ages 5 -13, kindergarten to eighth grade, combined annually at Killefer, Grijalva, and El Camino Real Park sites. • The contractor will provide a registration packet to each participant and shall include liability form, discipline policy agreement, drop off/pick up agreement, CDBG form. • The Contractor will maintain and file all records including liability form, discipl ine policy agreement, drop off/pick up agreement, CDBG Client Eligibility Form, and sign in and out sheets at each program site.
o Updated CDBG Client Eligibility Forms will be provided each year. • The Contractor will submit quarterly and annual reports for CDBG. The contractor will obtain information regarding family size and income to demonstrate that at least 51 percent of the participant clientele are low and moderate income (LMI). o Updated CDBG quarterly and annual reports will be provided each year. • The Contractor will keep accident forms and incident forms, specifically those occurring at or on the premises of the facility, on file at each program site. • The Contractor agrees to and shall submit copies of all reports to the City designee, within 24 hours of the occurrence or incident.
• The Contractor will issue a site permission slip for all offsite excursions/events. • The Contractor will meet with the City on a regular basis to ensure ongoing communication and agreement oversight.
• The Contractor will ke ep a telephone/cell phone, with the number, and contact information posted at each site during program hours. The Contractor agrees to and shall return patron phone calls within one (1) business day. The phone service is the responsibility of the Contractor.
Policies
• The Contractor will maintain a structured discipline policy for those participants which includes consequences for poor actions, how the participants are to react in the after-school program setting, and communication with the parents and children verbally and in writing. • The Contractor will include a drop-off/pick-up policy for parents and guardians to follow, designated persons able to pick -up/drop-off, consequences for after -hours pick-up, and participant sign in/out privileges.
Facility
• The Contractor and designated City of Orange official will meet and confer on all available building supplies and space, including storage, prior to the first day of programming of each new school year. • The Contractor is responsible for keeping each site clean and free of safety hazards: clear walkways, clean floors (sweep after activities, when necessary), cover and clean table surfaces, set up and breakdown tables and chairs at El Camino site daily, and return to designated storage space. • The Contractor is to report any safety, maintenance, or equipment malfunction issue to the City designee immediately.
• The Contractor will complete facility use cleaning forms at each site daily, at the beginning and end of each program day, turn in seasonally, and report safety related concerns within 24 hours. • The Contractor will be responsible for damage of a facility caused by negligence.
EXHIBIT “B”
BUDGET
Site Expenses
Grijalva Park
Basic Supplies $1,270
Site Supervisors $25,000
Support Staff $20,320
Staffing Subtotal $46,590
18% Contingency (Taxes, Misc Expenses) $8,158
Total $54,748
Killefer Park
Basic Supplies $1,270
Site Supervisors $25,000
Support Staff $20,320
Staffing Subtotal $46,590
18% Contingency (Taxes, Misc Expenses) $8,158
Total $54,748
El Camino Park
Basic Supplies $1,270
Site Supervisors $25,000
Support Staff $20,320
Staffing Subtotal $46,590
18% Contingency (Taxes, Misc Expenses) $8,158
Total $54,748
*CDBG funding will not exceed $40,000.00, the remaining balance will be covered by other sources.