cc 2025 AR 06/24 award grant for linda rhoades center — Vista City Council, June 24, 2025

ACTION:
____________________________

Clerk/Secretary
Department: Recreation & Community Services Item No: C6 Prepared by:

Sydney Roff, Management Analyst
Mike Pacheco, Director Meeting Date: June 24, 2025
Approved by: John Conley, City Manager Agenda Location: Consent Calendar S
UBJECT: AWARD GRANT FOR LINDA RHOADES NEIGHBORHOOD CENTER PROGRAMMING RE
COMMENDATION: Adopt Resolution No. 2025- , awarding a grant to the Boys & Girls Club of Vista for free, after-school recreation programming at Linda Rhoades Neighborhood Center and Linda Rhoades Park and approving and executing an agreement.

CO
RRELATION TO CITY COUNCIL GOALS: Parks and Recreation.

P
RIOR ACTION: On June 11, 2024, discussed the usage at Linda Rhoades Neighborhood Center, and directed staff to issue a Request for Proposals for non- profit organizations to provide programming at the Linda Rhoades Neighborhood Center, and to roll excess Fiscal Year 2023/24 budget funds to Fiscal Year 2024/25 (Vote: 5-0).

S
TATEMENT ON THE SUBJECT: In August 2024, staff issued a Request for Proposals (RFP) for free, after-school recreation programs at Linda Rhoades Neighborhood Center and Linda Rhoades Park as a pilot project. A three -member panel evaluated the two proposals received and awarded the Boys & Girls Club $100,000 and Hoopz House $20,000 for programming through June 30, 2025.

W
ith current grant agreements expiring June 30, 2025, staff issued an RFP on April 24, 2025, for free, after- school recreation programs for Fiscal Years 2025/26 through 2029/2030. The RFP was released to the public, and prior awardees were invited to submit proposals. On May 15, 2025, one organization submitted a proposal: Boys & Girls Club of Vista. The proposal was evaluated by a three- member panel using a weighted evaluation system and the following criteria:
• Q
ualifications: Experience working on similar projects in the past five years, overall history, a nd pr
ogram specialties relevant to providing the services described. • Key Personnel: Education and experience of instructors and other key personnel, along with recruitment practices, screening procedures, and training plan. • References: References from previous clients who received similar services. • Activity Description and Operations: A clear and concise description of the program's goals, objectives, and expected outcomes for participants and details on the daily structure, variety of activities, their uniqueness and suitability for the Linda Rhoades Neighborhood Center and Lind a R
hoades Park environment.
• Cost
AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
06/24/2025
C6

Page 1 of 60 ends

MEETING DATE: JUNE 24, 2025 PAGE 2
SUBJECT: AWARD GRANT FOR LINDA RHOADES NEIGHBORHOOD CENTER PROGRAMMING • Adaptability: Ability to offer enriching experiences for a diverse range of participants, including those with physical, cognitive, sensory, mental, or other disabilities. • Participation Satisfaction: Examples of previous participant satisfaction surveys.

The w
eighted evaluation criteria allowed the selection committee to determine whether the submitted proposal was qualified to provide the requested services at a reasonable cost. The consensus among the selection committee was to recommend City Council award grant funds to Boys & Girls Club of Vista in the amount of $84,370 each year for Fiscal Years 2025-26 through 2029-30.

FI
SCAL IMPACT: Sufficient funds in the amount of $100,000 are available in both the proposed Fiscal Year 2025-26 and 2026 -27 budgets in account 0010510.521000.LRNC. Funding for subsequent Fiscal Years will be included in the budget planning process.

EXHIBITS:

1. City Council Resolution No. 2025- , awarding a grant to Boys & Girls Club of Vista for free, after-school recreation programs at Linda Rhoades Neighborhood Center and Linda Rhoades Park and approving and ex
ecuting an agreement

2. Request for proposals for free, after-school recreation programs at Linda Rhoades Neighborhood Center and Linda Rhoades Park

3. Grant agreement with Boys & Girls Club of Vista
06/24/2025
C6

Page 2 of 60 ends

0 0029213 7
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, AWARDING A GRANT TO THE BOYS & GIRLS CLUB

OF VISTA FOR FREE, AFTER-SCHOOL RECREATION PROGRAMS AT

LINDA RHOADES NEIGHBORHOOD CENTER AND LINDA RHOADES PARK

AND APPROVING AND EXECUTING AN AGREEMENT
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On April 24, 2025, the City of Vista issued a request for proposals (RFP) for free, after-school recreation programs at Linda Rhoades Neighborhood Center and Linda Rhoades Park. Based upon the proposals received on May 15, 2025, the City of Vista desires to award grant funding to and execute an agreement with the Boys & Girls Club of Vista.

2. Action.

A. The agreement, attached herewith as Exhibit A to this resolution, is hereby approved, and the Mayor is authorized to execute the agreement.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 24, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20250610144206
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
06/24/2025
C6

Page 3 of 60 ends

EXHIBIT 1
City of Vista
Free After-School Recreation Programs at Linda Rhoades Neighborhood Center and Linda Rhoades Park
Attachments:

A - Grant Agreement
06/24/2025
C6

Page 4 of 60 ends

EXHIBIT 2

1. INTRODUCTION

1.1. Summary
The City of Vista seeks creative and qualified non-profit 501(c)(3) organizations to develop free after- school recreation programs at Linda Rhoades Neighborhood Center and Linda Rhoades Park. The City will enter into a grant Agreement for a maximum length of five (5) years. Services provided under the Agreement shall not exceed $100,000 per each fiscal year (July 1 through June 30). The City may award funds to more than one non-profit 501(c)(3) organization.

Contractors may submit proposals as a single organization with in-house capabilities or as a primary organization with sub-contractors to provide the requested services. For specialized work for which the prime contractor will require a sub-contractor, the prime contractor will serve as an administrative liaison between the City and the sub-contractor. The prime contractor mark-up for sub-contractors shall not exceed five percent (5%). The City reserves the right to request proposals from other contractors throughout the Agreement term for special projects requiring unique qualifications.

1.2. Contact Information
Project Contact:

Rob Anderson
Operations Manager
200 Civic Center Dr.

Vista, CA 92084
Email: [email protected]
Phone: (760) 643-5264
Procurement Contact:

Sydney Roff
Management Analyst
200 Civic Center Drive
Vista, CA 92084
Email: [email protected]
Phone: (760) 643-5265
Department:

Recreation

1.3. Timeline
City Issues RFP April 24, 2025
Question Submission Deadline May 5, 2025, 5:30pm
Proposal Submission Deadline May 15, 2025, 10:00am
06/24/2025
C6

Page 5 of 60 ends

2. SUPPLEMENTARY RFP REQUIREMENTS

2.1. Business License & Status
A. The Contractor and all sub-contractors shall have a City of Vista Business License prior to award of contract. Business licenses can be obtained at www.vistabl.com. A City of Vista Business License is not required to propose on this RFP.

B. The Contractor and all sub-contractors shall be designated as a non-profit 501(c)(3) organization.
06/24/2025
C6

Page 6 of 60 ends

3. EVALUATION
No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications
Experience working on similar projects in the
past five years, overall history, and program
specialties relevant to providing the services
described.

Points Based 25
(25% of Total)

2. Key Personnel
Education and experience of instructors and
other key personnel, along with recruitment
practices, screening procedures, and training
plan.

Points Based 10
(10% of Total)

3. References
References from previous clients who
received similar services. We will look
for evidence that your work met the
specific goals of past projects.

Points Based 10
(10% of Total)

4. Activity Description and Operations
A clear and concise description of your
program's goals, objectives, and expected
outcomes for participants. This should include
details on the daily structure, variety of
activities, what makes them unique, and their
suitability for the Linda Rhoades Neighborhood
Center and Linda Rhoades Park environment.

Points Based 25
(25% of Total)

5. Cost
Your proposal should include a complete
breakdown of the program's operational costs
and potential revenue sources, along with any
applicable material fees.

Points Based 10
(10% of Total)

6. Adaptability
Ability to offer enriching experiences for a
diverse range of participants, including those
with physical, cognitive, sensory, mental, or
other disabilities. Your proposal should
demonstrate how you can adjust activities to
accommodate these needs.

Points Based 10
(10% of Total)
06/24/2025
C6

Page 7 of 60 ends

7. Participation Satisfaction
Proposals with examples of previous
participant satisfaction surveys will be looked
upon favorably.

Points Based 10
(10% of Total)
06/24/2025
C6

Page 8 of 60 ends

4. PROJECT PROGRESS
The Agreement shall begin upon approval by the City, and the Contractor shall commence work after notification to proceed by the City. The Contractor is advised that any recommendation for agreement award is not binding on the City until the Agreement is fully executed and approved by the City. 06/24/2025
C6

Page 9 of 60 ends

5. PROPOSAL SUBMISSION
To receive addenda and submit a proposal, Contractors must register for a free account with the City’s eProcurement Portal, at https://procurement.opengov.com/portal/cityofvista. No hard copy bids will be accepted. Once registered, Contractors must download the RFP while logged in under their own name and identification number to appear on the Electronic Prospective Bidders List as a “Prospective Bidder.” Contractors that fail to download the RFP will not appear on the Electronic Prospective Bidders/Followers List and their proposal will be considered non-responsive. If a Contractor is unable to register or download the RFP from the City's eProcurement Portal, a Contractor representative may contact OpenGov to troubleshoot the problem via the blue "chat" bubble visible on the lower right-hand corner of the screen, while logged onto the eProcurement Portal.

All proposal documents must be uploaded using the eProcurement Portal prior to the proposal submission deadline as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted,” the submission is complete. At that point the Contractor will receive an automated email confirmation from the eProcurement Portal.

The City reserves the right to extend the date by which proposals are due via addendum. To be considered, proposals shall be submitted through the eProcurement Portal no later than the proposal submission deadline. Vista's eProcurement Portal will determine the official time for the advertised proposal due date and such determination will be final. Any proposals not received in a timely manner on the proposal due date, as described above, will not be considered. 06/24/2025
C6

Page 10 of 60 ends

6. PROPOSAL REQUIREMENTS

6.1. PROPOSAL REQUIREMENTS
A. The proposal shall be limited to ten (10) 8.5" x 11" pages, excluding resumes and appendix material. The proposal shall include a contact name, email, phone number and full address for the contractor.

B. A fee schedule described below in Section 6.6 FEE SCHEDULE shall be provided in a separate electronic file uploaded to the City's eProcurement Portal.

C. Hard copy, faxed, and email copies will not accepted.

D. Proposals shall describe Contractor's understanding of the project and approach.

1. Include deliverables, milestones, assumptions, and identify potential risks that could delay the project.

2. List any resources you expect the City to provide.

E. Proposers will be evaluated based on the information submitted in accordance with the criteria for selection provided herein.

6.2. PROPOSER INFORMATION
A. Identification of Proposer;
B. Legal name and address of the organization;
C. Identification of the parent company (if applicable); D. Addresses of offices located in San Diego County;
E. Number of employees in San Diego County;
F. Name, title, address and telephone number of person to contact concerning the proposal; G. California Department of Industrial Relations (DIR) number (if applicable); H. Secretary of State Entity Number (if applicable);
I. 501(c)(3) Determination Letter from the Internal Revenue Service.

6.3. PROJECT TEAM
A. Describe services to be provided, including identification and responsibilities of key personnel.

B. Indicate roles of prime and all sub-contractors.

C. Provide a resume of the project manager. The resume shall include relevant experience, education, licenses, and certifications. The resume shall not exceed two (2) pages in length.

Resumes may be included as an appendix to the main document. 06/24/2025
C6

Page 11 of 60 ends

D. Describe proposed line-of-communication between the City, prime team members, and sub- contractors.

6.4. EXPERIENCE
A. Provide a brief description of contractor's experience in completing similar efforts within the last five (5) years.

B. Provided detailed discussion of specialized experience in services to be provided.

C. Projects currently being performed may be submitted for consideration.

D. Project information should include a brief project description, agency or client name, their telephone number(s), the year of completion, and the contract fee.

E. Identify team members proposed for this project and their roles on the representative similar projects.

6.5. REFERENCES
The Contractor shall provide a minimum of three (3) references for similar projects for the prime organization. At least one reference shall be from the projects listed in Item 6.4 EXPERIENCE. At a minimum, each reference shall include the client's name and location, number of projects completed for the client, client contact name and phone number.

6.6. FEE SCHEDULE
A. Fee Schedule - Include a detailed fee schedule of professional staff, services, materials, and any other costs. Service costs are to be provided on a per hourly basis. Proposed rates shall clearly correlate with names and classifications of staff likely to be involved with the projects.

B. Billing - The City requires that all billing for work done by the end of billing period be submitted to the City on a monthly basis. Each billing shall be submitted with a status report describing work performed. Final billing will be approved for payment only after a completed status report has been approved by the City.

C. Overtime Pay - List procedures used for applying overtime rate for non-exempt employees.

Indicate the normal hours of work and overtime rate for non-exempt employees. 06/24/2025
C6

Page 12 of 60 ends

7. ESTABLISHMENT OF FEES

7.1. ESTABLISHMENT OF FEES
The Contractor shall be paid for services rendered as negotiated. For projects with a specific scope of work and duration, a project specific fee proposal will be requested. A work plan and a breakdown of labor hours by employee billing classification together with the cost of non-labor and sub-contractor services shall be included with the fee proposals for individual projects. The labor breakdown shall be based on a listing of work tasks that correlates with the Contractor's defined scope of work for the project proposal. This information will be used by City's staff to evaluate the reasonableness of the fee proposal and will be used in negotiating the final fee amounts for the Supplemental Contract Agreements.

There will be no compensation to Contractor for hours expended due to Contractor's errors and omissions.

The Contractor's Standard Hourly Billing Rates (Fee Schedule) for all classifications of staff likely to be involved with an individual project shall be included with the Request for Proposals along with the mark- up rate for any non-labor expenses and sub-contractors. The fee schedule shall clearly identify the hourly rates for classifications of staff receiving prevailing wage rates. During the term of the Agreement there will be no increases to the fee schedule.
06/24/2025
C6

Page 13 of 60 ends

8. METHOD OF PAYMENT
The Contractor shall submit monthly invoices to the City. Each invoice shall include a detailed breakdown of the services, the tasks, the hours, the personnel and staff type who worked on the project, and hourly rates.
06/24/2025
C6

Page 14 of 60 ends

9. GRANT AGREEMENT

9.1. GRANT AGREEMENT
A. A sample Grant Ageement is enclosed for review as Attachment A. The RFP and the Consultant's proposal will be attached and become part of the Agreement as exhibits.

B. Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP.

C. Please refer to the sample agreement for the necessary amounts of general liability, automotive, workers' compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement. The insurance certificate shall include the City of Vista its officers and employees as insured or additional insured.

D. The contents of the proposal of the successful contractor(s) shall become a contractual obligation if a contract ensues. Failure of a contractor to accept this obligation will result in the cancellation of any award.
06/24/2025
C6

Page 15 of 60 ends

10. ASSIGNED REPRESENTATIVES
The City will assign a responsible representative to administer the contract, and to assist the Contractor in obtaining information. The Contractor also shall assign a responsible representative (Project Manager) and an alternate, who shall be identified in the proposal. The Contractor's representative will remain in responsible charge of the Contractor's duties through project completion. If the Contractor's Project Manager should be unable to continue with the project, then the Contractor shall notify the City's representative in writing. The City's representative shall first approve any substitution of representatives or sub-contractors identified in the proposal in writing. The City reserves the right to review and approve/disapprove all key staff and sub-contractors substitution or removal and may consider such changes not approved to be a breach of contract. This breach of contract will not apply if the Project Manager leaves the organization.
06/24/2025
C6

Page 16 of 60 ends

11. RIGHT TO REJECT PROPOSALS
A. The City reserves the right to delay the project or reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

B. The City reserves the right to extend the due date, accept or reject any or all proposals received as a result of this request, negotiate with any qualified contractor or cancel this RFP in part or in its entirety. The City may require the selected contractor to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations.

C. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the Respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Respondent. All proposals submitted to the City of Vista become the property of the City.
06/24/2025
C6

Page 17 of 60 ends

12. DISCLOSURE
All Proposals become the property of the City unless a return is specifically requested as specified in the following section. The City is a public agency subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250 and following. These requirements include an exemption for "trade secrets." If any proprietary information is contained in or attached to the written proposal, it must be clearly identified. In order to protect trade secrets from disclosure, pursuant to a public Records Acts request, you must agree in writing to defend and indemnify the City of Vista if litigation results.

06/24/2025
C6

Page 18 of 60 ends

13. LATE, MODIFIED, OR WITHDRAWN PROPOSALS
All proposal documents and supplementary documents must be uploaded via the City's eProcurement Portal prior to Thursday, May 15, 2025, at 10:00 am. Once file(s) have been uploaded and the Submission Status shows as "Submitted" the submission is complete. Proposals received via mail, e-mail, and fax will not accepted.

Any modification of a Proposal, except a modification resulting from the City's request for "best and final" offer, is subject to the same conditions as the initial submission.

Proposals may be withdrawn at any time prior to Notice of Intent to Award. Thereafter, all Proposals constitute firm offers, subject to negotiation and execution of definitive documents that will remain open and cannot be revoked, withdrawn, or modified for a period of six (6) months thereafter. 06/24/2025
C6

Page 19 of 60 ends

14. QUESTIONS ON THIS RFP
All project-related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s eProcurement Portal. Phone call questions will not be accepted. Answers to all submitted questions will be provided via addendum. Questions must be submitted prior to 5:30 pm on Monday, May 5, 2025. 06/24/2025
C6

Page 20 of 60 ends

15. Vendor Questionnaire

15.1. Proposal*
Please upload proposal documents here.
*Response required

15.2. Cost Proposal*
Please upload cost proposal separately here.
*Response required

15.3. 501(c)(3) Determination Letter from the Internal Revenue Service* Please upload the 501(c)(3) determination letter from the Internal Revenue Service *Response required
06/24/2025
C6

Page 21 of 60 ends

1 4857-7941-2641, v. 1
G

RANT AGREEMENT FOR RECREATION PROGRAMS AT THE LINDA RHOADES

NEIGHBORHOOD CENTER AND LINDA RHOADES PARK
THIS AGREEMENT (“Agreement”) is made and entered into as of _________________ (“Agreement Date”), by and between the CITY OF VISTA, a chartered municipal corporation (“City”) and the ____________, a non-profit 501(c)(3) organization (“Recipient”).

RECITALS
A. Recipient proposes to provide free after-school recreation programs at the Linda R
hoades Neighborhood Center and Linda Rhoades Park that creates a welcoming and inclusive environment where youth can learn, thrive and have a sense of community belonging (“Services.”)
B. R
ecipient has provided a proposed budget to provide the Services, attached as Exhibit “A.”
C. C
ity wishes to provide a grant to Recipient for those purposes that will cover the c
osts in Exhibit A.

Now therefore, in consideration of the mutual agreements, obligations, and representations, City and Recipient hereby agree as follows:

1.0 RECIPIENT OBLIGATIONS

1.1 Use of Grant Funds. Recipient hereby agrees to use the grant funds provided by City for only legal purposes solely associated with providing community services and engagement to promote health, education and civic engagement for residents and visitors to the City of Vista.

1.2 Representation and Warranties. Recipient hereby represents and warrants to the City as follows: Recipient is a nonprofit organization organized under the laws of California.

1.3 Compliance with Law. Recipient shall carry out the proposal in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction.

1.4 Licenses, Permits, Fees and Assessments. Recipient shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the proposal.

2.0 DISBURSEMENT OF GRANT FUNDS

2.1 Maximum Amount of Grant Funds. The maximum amount of grant funds to be provided to Recipient is $____________.

2.2 Method of Payment. Disbursement of grant monies will be on a monthly invoice basis. At the end of each month, Recipient shall provide the City with a detailed and itemized invoices detailing all costs, expenses and receipts it seeks reimbursement for. 06/24/2025
C6

Page 22 of 60 ends

2 4857-7941-2641, v. 1

2. 3 Reimbursement. The City may limit reimbursements for items such as alcohol or other items that may be considered ethically or legally improper. For any questionable items, Recipient should seek reimbursement approval in advance.

2.4 Proposal Income. Any income received by Recipient shall be retained by Recipient and shall be solely used to provide the Services. All revenue, if any, shall be expended by Recipient before the City is obligated to reimburse Recipient under this agreement.

3.0 TERM

3.1 Term. Unless earlier terminated in accordance with Sections 9.3 and 9.4 of this agreement, this agreement shall continue in full force and effect through____________.

4.0 COORDINATION OF WORK

4.1 Representative of Recipient. Recipient ___________ is hereby designated as being the representative of Recipient authorized to act on Recipient’s behalf with respect to this agreement and make all decisions in connection therewith.

4.2 Agreement Officer. Agreement Officer shall be the City’s Director of Recreation and Community Services or such person as may be designated by the City Manager. It shall be the Recipient’s responsibility to assure that the Agreement Officer is kept informed of the progress of the performance of the Services and the Recipient shall refer any decisions that must be made by the City to the Agreement Officer.

4.3 Prohibition Against Subcontracting or Assignment. Neither this agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Recipient, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this agreement shall be void. No approved transfer shall release the Recipient or any surety of Recipient of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither the City nor any of its officers or employees shall have any control over the manner, mode, or means by which Recipient, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Recipient’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Recipient shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with the role. Recipient 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. City shall not in any way or for any purpose become or be deemed to be a partner of Recipient in its business or otherwise of a joint venture or a member of any joint enterprise with Recipient.

5.0 INDEMNIFICATION
06/24/2025
C6

Page 23 of 60 ends

3 4857-7941-2641, v. 1

5. 1 Indemnification. Recipient shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, “Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance, including defects in design, except: (1) Liability caused by Indemnitees’ sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees’ active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees’ active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law.

5.2 Subrogation. Recipient, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Recipient regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as a Recipient, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.

5.3 Termination. Termination of the agreement by either party, by any means, does not relieve Recipient of the indemnity obligations in Section 5.1.

6.0 INSURANCE REQUIREMENTS
Recipient shall comply with the insurance provisions set forth in Exhibit B.

7.0 CIVIL RIGHTS

7.1 Recipient agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations hereinafter enacted.

7.2 Recipient shall not knowingly deny an opportunity or benefit, discriminate against or harass, any event participant, spectator, employee, or applicant for employment on account of the person’s race, color, ethnicity, national origin, ancestry, religion, creed, veteran status, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, age, or other status protected from workplace discrimination by state or federal law.

8.0 ADMINISTRATIVE REQUIREMENTS

8.1 Documentation and Record-Keeping

8.1.1 Records to be Maintained. The Recipient shall maintain records that are pertinent to activities funded under this Agreement.

8.1.2. Retention. The Recipient shall retain all records pertinent to expenditures incurred under this agreement for a period of four (4) years after the termination of all activities funded under this agreement.

8.2 Client Data. The Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service 06/24/2025
C6

Page 24 of 60 ends

4 4857-7941-2641, v. 1
pr
ovided. Such information shall be made available to City’s monitors or their designees for review upon request.

8.3 Disclosure. The Recipient understands that client information collected under this agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City’s or Recipient’s responsibilities with respect to services provided under this agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

8.4 Performance Monitoring. The City will monitor the performance of the Recipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this agreement. If action to correct such substandard performance is not taken by the Recipient within a reasonable period of time after being notified by the City, agreement suspension or termination procedures will be initiated.

8.5 Audits and Inspections. All Recipient records with respect to any matters covered by this agreement shall be made available to the City, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Recipient within 30 days after receipt by the Recipient. Failure of the Recipient to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments.

9.0 ENFORCEMENT OF AGREEMENT

9.1 Applicable 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 and the United States, as applicable. 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 San Diego, State of California, the United States District Court for the San Diego District of California, or any other appropriate court in San Diego County, and Recipient covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Disputes. In the event of any dispute arising under this agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore.

The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within thirty (30) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Notwithstanding the foregoing, the City may suspend any further payment of grant funds until Recipient is in compliance with this agreement. Compliance with the provisions of this Section shall be a condition precedent to termination of this agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured.

9.3 Remedies Upon Default by Recipient. In addition to any other rights or remedies available at law or in equity, if Recipient fails to fulfill any of its obligations under this agreement, City may, after compliance with the provisions of Section 9.2:
06/24/2025
C6

Page 25 of 60 ends

5 4857-7941-2641, v. 1

9. 3.1. Temporarily withhold payment of grant funds pending correction of the default by Recipient;

9.3.2. Refuse to advance all or any part of the grant funds and reallocate said funds to another activity;

9.3.3. Wholly or partially suspend or terminate the grant and this agreement;

9.3.4. Require Recipient to repay any grant funds that the City determines were not expended in compliance with the requirements of this agreement.

9.4 Termination by Recipient. Recipient may terminate this agreement provided it returns all grant funds not expended for the proposal. Termination is only effective after written notice to the City and following an accounting of grant funds expended which is satisfactory to City and the unused grant funds, if any, are returned.

9.5 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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.

9.6 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.

9.7 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 complete specific performance of this agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of the agreement.

10.0 CITY OFFICERS AND EMPLOYEES

10.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Recipient, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Recipient or to its successor, or for breach of any obligation of the terms of this agreement.

10.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this agreement nor shall any such officer or employee participate in any decision relating to the agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Recipient warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this agreement.

11.0 MISCELLANEOUS PROVISIONS
06/24/2025
C6

Page 26 of 60 ends

6 4857-7941-2641, v. 1

11.1 Notice. Any notice, demand, request, document, 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 prepaid first-class mail. In the case of the City, to the City Manager, to the attention of the Director of Recreation and Community Services, City of Vista, 200 Civic Center Drive, Vista, California 92084. In the case of the Recipient, to the person at the address designated on the execution page of this agreement.

Either party may change his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this section.

11.2 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this agreement and this agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this agreement. This agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

11.3 Corporate Authority. The persons executing this agreement on behalf of the parties hereby warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this agreement on behalf of said party, (iii) by so executing this agreement, such party is formally bound to the provisions of this agreement, (iv) entering into this agreement does not violate any provision of any other agreement to which said party is bound.

IN WITNESS WHEREOF, the parties have executed and entered into this agreement as of the Agreement Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:

JOHN CONLEY, CITY MANAGER
ATTEST:

KATHY VALDEZ, CITY CLERK
By:________________________________
APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:________________________________
RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
By:________________________________
“Recipient”
____________, a non-profit 501(c)(3)
organization
By:________________________________

NAME/TITLE
06/24/2025
C6

Page 27 of 60 ends

7 4857-7941-2641, v. 1
E

XHIBIT A
06/24/2025
C6

Page 28 of 60 ends

8 4857-7941-2641, v. 1
E

XHIBIT B

INSURANCE REQUIREMENTS
Licensee shall procure and maintain for the duration of the License Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Licensee, its agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Work Office Form CG 00 01 coveri ng
C
GL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,
000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate l
imit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Work Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

If the Licensee maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Licensee shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Licensee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be cover ed as
addi
tional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Licensee i
ncluding materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Licensee. General liability coverage can be provided in the form of an endorsement to t
he Licensee’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both C
G 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in adv
ance by City.

2. For any claims related to this Project, the Licensee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. 06/24/2025
C6

Page 29 of 60 ends

9 4857-7941-2641, v. 1
A
ny insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Licensee’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be c
anceled, except with notice to the City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the Effective Date of the License Agreement.

2. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after the termination of the License.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made pol
icy form with a retroactive date prior to the License Agreement Effective Date, the Li
censee must purchase extended reporting period coverage for a minimum of one (1) years after termination of the License.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation
Licensee hereby agrees to waive rights of subrogation which any insurer of Licensee may acquire from Licensee by virtue of the payment of any loss. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

Verification of Coverage
Licensee shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this License Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Licensee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 06/24/2025
C6

Page 30 of 60 ends

1 BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26 -30

GRANT AGREEMENT FOR RECREATION PROGRAMS AT THE LINDA RHOADES

NEIGHBORHOOD CENTER AND LINDA RHOADES PARK
THIS AGREEMENT (“Agreement”) is made and entered into as of _________________ (“Agreement Date”), by and between the CITY OF VISTA, a chartered municipal corporation (“City”) and the BOYS & GIRLS CLUB OF VISTA, a non-profit 501(c)(3) organization (“Recipient”).

RECITALS
A. Recipient proposes to provide free after-school recreation programs at the Linda Rhoades Neighborhood Center and Linda Rhoades Park that create a welcoming and inclusive environment where youth can learn, thrive and have a sense of community belonging (“Services.”)
B. Recipient has provided a proposal with a proposed budget to provide the Services, attached as Exhibit “A.”
C. City wishes to provide a grant to Recipient for those purposes that will cover the costs in Exhibit A.

Now therefore, in consideration of the mutual agreements, obligations, and representations, City and Recipient hereby agree as follows:

1.0 RECIPIENT OBLIGATIONS

1.2 Representation and Warranties. Recipient hereby represents and warrants to the City as follows: Recipient is a nonprofit organization organized under the laws of California.

1.4 Licenses, Permits, Fees and Assessments. Recipient shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the proposal.

2.0 DISBURSEMENT OF GRANT FUNDS

2.1 Maximum Amount of Grant Funds. The maximum amount of grant funds to be provided to Recipient is $84,370 per fiscal year.

2.2 Method of Payment. Disbursement of grant monies will be on a monthly invoice basis. At the end of each month, Recipient shall provide the City with a detailed and itemized invoice detailing all costs, expenses and receipts it seeks reimbursement for. 06/24/2025
C6

Page 31 of 60 ends

EXHIBIT 3
2 BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26 -30

2.3 Reimbursement. The City may limit reimbursements for items such as alcohol or other items that may be considered ethically or legally improper. For any questionable items, Recipient should seek reimbursement approval in advance.

3.0 TERM

3.1 Term. Unless earlier terminated in accordance with Sections 9.3 and 9.4 of this agreement, this agreement shall continue in full force and effect from the Agreement Date through June 30, 2026. The Term may be extended, at the City’s option, for four (4) additional one-year (1-year) terms for a maximum Term of five (5) years.

4.0 COORDINATION OF WORK

4.1 Representative of Recipient. Recipient President and CEO Matt Koumaras is hereby designated as being the representative of Recipient authorized to act on Recipient’s behalf with respect to this agreement and make all decisions in connection therewith.

5.0 INDEMNIFICATION
06/24/2025
C6

Page 32 of 60 ends

3 BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26 -30

5.1 Indemnification. Recipient shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, “Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance, including defects in design, except: (1) Liability caused by Indemnitees’ sole negligence or willful misconduct; or (2) for Liability caused by Indemnitees’ active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees’ active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law.

5.3 Termination. Termination of the agreement by either party, by any means, does not relieve Recipient of the indemnity obligations in Section 5.1.

6.0 INSURANCE REQUIREMENTS
Recipient shall comply with the insurance provisions set forth in Exhibit B.

7.0 CIVIL RIGHTS

8.0 ADMINISTRATIVE REQUIREMENTS

8.1 Documentation and Record-Keeping

8.1.1 Records to be Maintained. The Recipient shall maintain records that are pertinent to activities funded under this Agreement.

Page 33 of 60 ends

4 BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26 -30

provided. Such information shall be made available to City’s monitors or their designees for review upon request.

9.0 ENFORCEMENT OF AGREEMENT

9.2 Disputes. In the event of any dispute arising under this agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore.

Page 34 of 60 ends

5 BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26 -30

9.3.1. Temporarily withhold payment of grant funds pending correction of the default by Recipient;

9.3.2. Refuse to advance all or any part of the grant funds and reallocate said funds to another activity;

9.3.3. Wholly or partially suspend or terminate the grant and this agreement;

9.3.4. Require Recipient to repay any grant funds that the City determines were not expended in compliance with the requirements of this agreement.

10.0 CITY OFFICERS AND EMPLOYEES

11.0 MISCELLANEOUS PROVISIONS
06/24/2025
C6

Page 35 of 60 ends

6 BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26 -30

IN WITNESS WHEREOF, the parties have executed and entered into this agreement as of the Agreement Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:

JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:________________________________
APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:________________________________
RISK MANAGEMENT REVIEW:

ANALISA HOLBROOK, RISK MANAGER
By:________________________________
“Recipient”
BOYS & GIRLS CLUB OF VISTA, a non-
profit 501(c)(3) organization
By:________________________________

MATT KOUMARAS, PRESIDENT AND CEO

APPROVED
Walter C. Chung
20250603172819
06/24/2025
C6

Page 36 of 60 ends

Exhibit A

BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26-30

EXHIBIT A
06/24/2025
C6

Page 37 of 60 ends

Cost Proposal
Budget Category Projected Budget
Personnel Budget
a. Salaries & Wages
a. Program Specialists
BGCV maintains a 20:1 ratio of youth to Staff. This
line item is based on 3 staff. Staff will be adjusted based on ratio.
($20.00 per staff x 3 hrs a day x 5 days a week x 43
weeks)
b. Program Director
Provides direction and oversight for staff.
($28 hr x 1hr x 5 days x 43 weeks)
c. Community Outreach Liaison
To provide outreach and awareness to the community.
($22 hr x 2hr x 43 weeks)
d. Driver
To provide transportation as needed for youth to/from
the center.
($31/hr x 1 hrs x 5 days x 43 weeks)
e. VP of Operations
To provide oversight – 5% of salary
f. Admin
To provide billing and payment processing – 3% of
salary
b. Fringe Benefits
$64,942
a. $38,700.00
b. $6,020.00
c. $1,8920.00
d. $13,330.00
e. $5,000.00
f. $3,500.00
b. $3,247.10
TOTAL PERSONNEL BUDGET $68,189.10
Printing & Marketing $2,000.00
Program Supplies $8,530.00
Transportation $5,650.00
TOTAL NON-PERSONNEL BUDGET $16,180.00
TOTAL PROJECT BUDGET $84,369.10
06/24/2025
C6

Page 38 of 60 ends

City of Vista RFP Boys & Girls Club of Vista
Free After School Recreation Program

LINDA RHOADES NEIGHBORHOOD CENTER

FREE AFTER-SCHOOL RECREATION PROGRAM
Boys & Girls of Vista Proposal

1. Qualifications*
A brief summary of your company’s history, its capabilities, and its recent relevant experience (last five years).

The Boys & Girls Club of Vista (BGCV) has been serving youth in the Vista community since 1963. Our mission is to empower every Club member, through safe and impactful experiences, to graduate high school with a plan for college or a career, contribute to their community, and live a healthy life. BGCV serves 1,900 Club members annually through our out-of-school time programs. BGCV employs a youth development strategy that fosters a sense of belonging, usefulness, influence, and competence. By encouraging the youth, we serve in a supportive way, we are able to help them on their road to building great futures.

All BGCV programs are offered at a highly discounted rate, with philanthropic and grant funding covering the cost of the difference for families. In addition to the low program costs, BGCV offers financial assistance. BGCV is open “when kids need us most” – after school, on most school holidays, and during the summer. In addition to social and academic enrichment, BGCV is a critical resource for working families in need of childcare. 86% of our Club families who self-reported income and family size fall into the low – extremely low-income categories for HUD. 85% of our Club Members qualify for the Federal Free and Reduced Lunch Programs. According to the San Diego Workforce Partnership, 18% of Vista youth ages 16-24 are not in school and are not working, the highest rate in San Diego County.

Our goal is to engage our youth and connect them with the community before they become a part of that 18% of 16–24 year-olds who are not in school or working.

BGCV provides enrichment programs to youth aged 5 -18, designed to achieve our mission.

With academic support programs, recreation, health and nutrition programs, and career development programs, BGCV provides youth with opportunities to grow and thrive within their communities. In 2024, BGCV served over 1,900 Club members and employed youth development strategies that fostered a sense of belonging, usefulness, influence, and competence.

BGCV has been in operation for 62 years and has implemented youth programming since its inception. Club programs include:

Education:
• Power Hour & Summer Brain Gain: academic programs that provide homework assistance and literacy practice
06/24/2025
C6

Page 39 of 60 ends

City of Vista RFP Boys & Girls Club of Vista
Free After School Recreation Program
• STEM Programming: hands-on, activity-based STEM curricula that connect youth to science themes they encounter regularly.
• CAREER LAUNCH college and career development program
Health and Wellness
• SMART GIRLS health, fitness, prevention/education, and self-esteem enhancement for girls ages 8 to 17.
• SMART MOVES: prevention and education program addressing problems such as drug and alcohol use, gang prevention, and premature sexual activity.

Leadership and Service:
• K-KIDS: partnership with Sunrise Kiwanis Club of Vista to provide leadership development opportunities for youth.
• LEADERS IN TRAINING: Opportunity for High School youth to volunteer in Club programs and gain real-world experience supporting program staff Sports and Recreation
• TRIPLE PLAY: comprehensive health and wellness program.

BGCV ensures that the youth and families we serve have access to programs that will give them opportunities they would not have without us, such as music, sports, arts, or STEM programming. All of our programs are grounded in evidence-based youth development principles, including the five key elements for Positive Youth Development:
• We create a safe, positive environment for youth where they can learn and grow. • Staff and leadership work to generate fun and foster a sense of belonging through high-quality programs and activities that build upon young people’s strengths, allow them to explore new experiences, and help them develop skills for good decision-making. • We encourage supportive relationships with peers and adults. • We provide opportunities and set expectations for youth to lead, share ideas, and be heard. • We offer recognition for achievements and effort.

BGCV has run successful youth recreation sports and tournaments for decades. Through our partnership with the Vista Unified School District, BGCV has been running the Middle School Sports programs that includes 5 schools and held intercity tournaments for Track & Field, Volleyball, Basketball, Soccer, and more since 2009. BGCV is also a current provider for the After-School Free Recreation Program at Linda Rhoades for the 2024-2025 Fiscal Year. The club has a long-standing, strong partnership with the City of Vista, providing services to youth and families in the community.

BGCV engages the youth that we serve with fun, educational, and developmental programming that changes lives. We are open “when kids need us most” – after school, on most school holidays, and during the summer.

2. Key Personnel*
Describe the project team composition and include resumes of key personnel. 06/24/2025
C6

Page 40 of 60 ends

City of Vista RFP Boys & Girls Club of Vista
Free After School Recreation Program
BGCV complies with a strict standard of recruiting and hiring practices for all staff and volunteers that follow both local and National Requirements for Boys & Girls Clubs. All positions within the organization are posted. All applicants go through a phone screening and an in-person interview, along with reference checks. All staff complete a live scan fingerprinting for a thorough background check before being offered a position. Additionally, staff and volunteers receive annual background checks through First Advantage. Random drug testing is conducted.

All staff must complete annual safety and child abuse prevention training and be First Aid and CPR Certified. Boys & Girls Club staff and the Board of Directors abide by an annual code of ethics and conduct to ensure the Club maintains its core values of providing a safe and positive environment. All staff and volunteers receive a formal interview and orientation before working with youth. Ongoing training is provided throughout the year, both in person and virtually.

The Senior Leadership Team includes President & CEO Matt Koumaras, Vice President of Operations Evan Perkins, and Vice President of Development Nicole Ketcher.

Evan Perkins, Vice President of Operations, is responsible for enhancing program capacity while creating sustainable and innovative program plans to support the strategic growth of the organization. Evan brings over 18 years of experience working with youth and families. He served as Chief Executive Officer for the Boys & Girls Clubs of Carlsbad from 2020 through the end of 2022
Dirk Rittinghaus, Program Director - responsible for the oversight of daily programming and staff. He holds an A.A in Behavioral Sciences and joins the team with 16 years of direct youth services and program development experience for youth up to 18 years of age. * Resumes Attached to Proposal

3. References*
List a minimum of three (3) references for whom comparable services were provided to in the last five (5) years. Include the name of the firm, name of the contact, telephone number of the contact, email address of contact (if available), brief description of the services provided and your firm’s role, and the start and completion date.

1. Rachel Beld, CEO - Vista Chamber of Commerce
Email: [email protected]
Services:

Velocity Internships
Community Events
Youth Programs

2. Matt Doyle, Superintendent - Vista Unified School District Email: [email protected]
Services:
06/24/2025
C6

Page 41 of 60 ends

City of Vista RFP Boys & Girls Club of Vista
Free After School Recreation Program
After School Program Provider
Youth & Middle School Sports Program Provider
On-going partnership.

3. Dan Villasenor – Business Owner, PepperTree Frosty & BGCV Board Member Email: [email protected]
Services:

Former Club Member
Long Standing Board Member
Community Partner and Youth Advocate

4. Project Work Plan – Activity Description & Operations Description of the project to include goals, objectives and expected outcomes.

Goal:

Boys & Girls Club of Vista seeks to continue to partner with the City of Vista Recreation & Community Services Department to provide free after-school recreation programs at the Linda Rhoades Neighborhood Center and Linda Rhoades Park that create a welcoming and inclusive environment where youth can learn, thrive, and have a sense of community belonging.

Proposed Outcomes:
• Serve 50 youth in each 6-week cycle
• 85% of participants will be able to recognize and describe their own emotions. • 80% will report confidence that they can apply self-regulation and coping skills to manage conflict.
• 85% will demonstrate effective communication skills.
• 90% will demonstrate new skills for recreational sport Alignment:

The program aligns with our strategic plan and ongoing efforts to serve Vista youth with a priority focus on the community within a 1-mile radius of the Boys & Girls Club of Vista. This area includes VAPA, Maryland, and Bobier Elementary.

Duration:

Will run for 43 weeks; 6-week cycles per recreational sport Target Audience:

City of Vista Residents ages 1st grade through 8th grade.

Transportation: Based on need and upon request
Sample Program Schedule:

Monday – Friday, 4 pm to 6 pm
06/24/2025
C6

Page 42 of 60 ends

City of Vista RFP Boys & Girls Club of Vista
Free After School Recreation Program
4 pm to 4:30 pm: Check-In and Character Development & Healthy Lifestyles Discussion 4:30 pm to 5:30 pm: Recreation Time – warm up, skill-building practice, and scrimmage on scheduled days
5:30 pm to 6 pm: Warm down and Reflection
Fees to participants: The After School Recreation Program would be free to all Vista Residents and offered at a reduced rate to non-Vista Residents. Program participation will include a shirt and a participation award at the end of each cycle.

Resources needed from City: In-kind program space at the Linda Rhoades Neighborhood Center and Park, funding to support programming and outreach efforts.

Additional Details: BGCV recognizes that socially and emotionally competent youth become thriving adults. Research on programs that promote competence in social and emotional skills shows that participants make impressive achievements in virtually every area of life. Young people who benefit from these programs have shown improvement in outcomes in the three priority areas that Boys & Girls Clubs aspire to impact young people. Such results demonstrate that programming that incorporates social-emotional development can be a key lever in moving the needle on youths’ outcomes in Academic Success, Good Character and Citizenship, and Healthy Lifestyles.

Through this free after-school recreation program, the BGCV will incorporate Triple Play and Character Leadership & Development through SMART Moves.

Triple Play focuses on 3 main areas that include Healthy Habits: Social-emotional learning curriculum that builds skills a young person needs to make healthy choices, including their relationship with themselves, relationship with others, emotional regulation skills, and responsible decision-making skills Daily Challenges: focuses on building movement skills and positive attitudes towards physical activity. Triple Play Healthy Habits: Social-emotional learning curriculum that builds skills a young person needs to make healthy choices, including their relationship with themselves, relationship with others, emotional regulation skills, and responsible decision-making skills.

SMART (Skills Mastery and Resistance Training) Moves utilizes interactive, engaging, small- group sessions that engender camaraderie, while also encouraging each participant to explore and express their individuality through discussions, hands-on games and activities, role-play, take-home challenges and activities, and collaborative decision-making and problem-solving. Its targeted curriculum ensures youth get the right information and the right support at the right time.

BGCV is the only provider of SMART Moves and Career Launch in the community. Our youth development expertise and access to high-quality programming place us in a position to make an impact in helping the youth of Vista
*See sample flyer attached
06/24/2025
C6

Page 43 of 60 ends

City of Vista RFP Boys & Girls Club of Vista
Free After School Recreation Program

5. Cost–Proposal: See Attachment

6. Adaptability: BGCV has a strong history of serving youth and families from diverse backgrounds. Located a mere sign up from the Linda Rhoades Community Recreation Center and having a long-standing and growing relationship with the immediate neighborhood and schools, and a trusted relationship as a safe space for kids, BGCV is well-positioned to connect with youth and provide services that will have a long-lasting impact on the community.

For children in low-income working families, access to low-cost out-of-school-time programs is critical as they provide safe, secure environments with one-on-one mentors and hands-on learning opportunities.

There is a high concentration of such families in the Vista community. In the 2022 Community Health Needs Assessment (CHNA), the Hospital Association of San Diego & Imperial Counties identified community safety as the second-highest concern for children’s health and well-being, emphasizing the need for safe spaces for children across San Diego County.

Beyond safe spaces, high-quality OST programs provide engaging academic enrichment activities and opportunities for children to develop relationships with supportive, caring adults.

The 2023-24 CHKS revealed that many Vista Unified School District (VUSD) students lack access to these critical developmental factors. For example, only 58% of VUSD 7th graders reported having caring relationships with adults at school, compared with 74% at the highest performing school district in the North County Region — a gap of 16 percentage points. Among both 7th and 9th graders, this gap was 10+ percentage points for multiple indicators: caring adult relationships, high expectations from adults at school, academic motivation, school connectedness, opportunities for meaningful participation, and promotion of parent involvement.

VUSD students also reported higher rates of absenteeism, further illustrating the need for increased efforts to engage Vista-area youth. When examining outcomes reported by the California Department of Education, the impacts of these disparities are clear: In 2023-24, Only 43% of VUSD students met English standards, compared with 52% at the county level and 72% at Carlsbad Unified School District (CUSD), a nearby high-performing district in the NCR.

Similar disparities are seen when comparing the share of students meeting math standards (VUSD: 33%; SDC: 41%; CUSD: 62%) and cohort graduation rates (VUSD: 71%; SDC: 85%; CUSD: 95%). Alarmingly, VUSD students are over 10 times more likely to drop out than CUSD students and almost twice as likely to be suspended.

For decades, the organization has been providing services to all youth in the community. With strong partnerships with the city, county, school districts and San Diego Regional Center, BGCV can adapt to meet the needs of all youth.

7. Participation Satisfaction: Recent surveys of our parents and youth indicated that:
• 97% of 6th -12th Graders are on track to graduate
• 85% of Club Kids aspire to attend college or trade school • 95% of parents report the Club plays a vital role in their family’s life 06/24/2025
C6

Page 44 of 60 ends

City of Vista RFP Boys & Girls Club of Vista
Free After School Recreation Program
Quote from a youth participant: “I was really shy and always wanted to play soccer. The Boys & Girls Club of Vista helped me learn how to play and work with my team members. Mr. Jose was always patient and taught me how to score a goal. We also got to go see a Sockers game, which was really cool.”
Quote from a parent: “I am a single mom and I cannot leave work every day to pick my kids up from school. I feel at ease knowing that the staff at the Boys & Girls Club are there to care for my kids. They learn so many things and get to do sports, fun games, and cool experiences that I would not be able to do with them.” 06/24/2025
C6

Page 45 of 60 ends

Exhibit B

BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26 -30

EXHIBIT B

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Work Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Work Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Licensee including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Licensee. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Licensee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. 06/24/2025
C6

Page 46 of 60 ends

Exhibit B

BOYS & GIRLS CLUB OF VISTA
4857-7941-2641, v. 1 LINDA RHOADES PROGRAMMING FY26 -30

Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Licensee’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the Effective Date of the License Agreement.

2. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after the termination of the License.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the License Agreement Effective Date, the Licensee must purchase extended reporting period coverage for a minimum of one (1) years after termination of the License.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

06/24/2025
C6

Page 47 of 60 ends

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $

COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms 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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/2/2024
License # 0C32169
(619) 937-0164
18058
Boys & Girls Club Of Vista, Inc.
410 W California Ave
Vista, CA 92083
35076
A 1,000,000
X PHPK2691862-000 7/1/2024
10/1/2025 1,000,000
20,000
1,000,000
3,000,000
3,000,000
1,000,000A
PHPK2691862-000 7/1/2024 10/1/2025
4,000,000A
PHUB913505-000 7/1/2024 10/1/2025 4,000,000
10,000
B
9218832-24 10/1/2024 10/1/2025 1,000,000
1,000,000
1,000,000
A Professional Liab PHPK2691862-000 7/1/2024 Occ $1,000,000 Agg 3,000,000 A Abuse & Molestation PHPK2691862-000 7/1/2024 10/1/2025 Occ $1,000,000 Agg 3,000,000 RE: PROVIDE AFTERSCHOOL SPORTS RECREATION SERVICES AT THE LINDA RHOADES CENTER VISTA.

CITY OF VISTA IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY PER ATTACHED FORMS.

CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084
BOYSAND-01 CERTT4
Rancho Mesa Insurance Services, Inc.
2355 Northside Drive Suite 200
San Diego, CA 92108
Philadelphia Indemnity Ins Co
State Compensation Ins. Fund
X
10/1/2025
X
X
X
X
X X
X
X
X
06/24/2025
C6

Page 48 of 60 ends

PI-GLD-HS (10/11)
P
age 1 of 12
Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY DELUXE ENDORSEMENT:

HUMAN SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Limit of Insurance Page #
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3
HIPAA Clarification 4
Medical Payments $20,000 5
Medical Payments – Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments – Bail Bonds $5,000 5
Supplementary Payment – Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5
Key and Lock Replacement – Janitorial Services Client Coverage $10,000 limit 6 Additional Insured – Newly Acquired Time Period Amended 6 Additional Insured – Medical Directors and Administrators Included 7 Additional Insured – Managers and Supervisors (with Fellow Employee Coverage)
Included 7
Additional Insured – Broadened Named Insured Included 7 Additional Insured – Funding Source Included 7
Additional Insured – Home Care Providers Included 7
Additional Insured – Managers, Landlords, or Lessors of Premises Included 7 Additional Insured – Lessor of Leased Equipment Included 7 Additional Insured – Grantor of Permits Included 8
Additional Insured – Vendor Included 8
Additional Insured – Franchisor Included 9
Additional Insured – When Required by Contract Included 9 Additional Insured – Owners, Lessees, or Contractors Included 9 Additional Insured – State or Political Subdivisions Included 10 POLICY NUMBER: PHPK2691862-000
06/24/2025
C6

Page 49 of 60 ends

PI- GLD-HS ( 10/11)

Page 2 of 12 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury – includes Mental Anguish Included 11
Personal and Advertising Injury – includes Abuse of Process, Discrimination
Included 11
A. Extended Property Damage
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
“Bodily injury” or property damage” expected or intended from the standpoint of the insured.

This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.

B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:
(3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s l
iability insurance of the client.

C. Non-Owned Watercraft
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.

D. Damage to Property You Own, Rent or Occupy
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE 06/24/2025
C6

Page 50 of 60 ends

PI- GLD-HS ( 10/11)

Page 3 of 12 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision.

E. Damage to Premises Rented to You

1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in:
a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND P
ROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and r
eplaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE . b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following:

Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V – DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following:

A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";

2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) i s deleted in its entirety and replaced by the following:

That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner;

3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
06/24/2025
C6

Page 51 of 60 ends

PI- GLD-HS ( 10/11)

Page 4 of 12 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.

This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.

F. HIPAA
SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY , is amended as follows:

1. Paragraph 1. Insuring Agreement is amended to include the following:

We will pay those sums that the insured becomes legally obligated to pay as damages because of a “violation(s)” of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any “suit,” “investigation ,” or “civil proceeding” seeking these damages. However, we will have no duty to defend the insured against any “suit” seeking damages, “investigation,” or “civil proceeding” to which this insurance does not apply.

2. Paragraph 2. Exclusions is amended to include the following additional exclusions:

This insurance does not apply to:
a. Intentional, Willful, or Deliberate Violations
Any willful, intentional, or deliberate “violation(s)” by any insured. b. Criminal Acts
Any “violation” which results in any criminal penalties under the HIPAA. c. Other Remedies
Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits
Any compliance reviews by the Department of Health and Human Services.

3. SECTION V – DEFINITIONS is amended to include the following additional definitions:
a. “Civil proceeding” means an action by the Department of Health and Human Services (HHS) arising out of “violations.”
b. “Investigation” means an examination of an actual or alleged “violation(s)” by HHS. However, “investigation” does not include a Compliance Review.
c. “Violation” means the actual or alleged failure to comply with the regulations included in the HIPAA.
06/24/2025
C6

Page 52 of 60 ends

PI- GLD-HS ( 10/11)

Page 5 of 12 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
G. Medical Payments – Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:

1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INS
URANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.

2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident.

H. Athletic Activities
SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, S ubsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.

I. Supplementary Payments
SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows:

1. b. is deleted in its entirety and replaced by the following:

1. b. Up to $5000 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 Injury Liability Coverage applies. We do not have to furnish these.

1.d. is deleted in its entirety and replaced by the following:

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 $1,000 a day because of time off from work.

J. Employee Indemnification Defense Coverage
SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B the following is added:

We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding occurring in the course of employment.

The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits. 06/24/2025
C6

Page 53 of 60 ends

PI- GLD-HS ( 10/11)

Page 6 of 12 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
K. Key and Lock Replacement – Janitorial Services Client Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to include the following:

We will pay for the cost to replace keys and locks at the “clients” premises due to theft or other loss to keys entrusted to you by your “client,” up to a $10,000 limit per occurrence and $10,000 policy aggregate.

We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, “employees”, “managers”, directors, trustees, authorized representatives or any one to whom you entrust the keys of a “client” for any purpose commit, whether acting alone or in collusion with other persons.

The following, when used on this coverage, are defined as follows:
a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means:
(1) Any natural person:
(a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you:
(a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or
(b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean:
(a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or
(b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee."
c. "Manager" means a person serving in a directorial capacity for a limited liability company.

L. Additional Insureds
SECTION II – WHO IS AN INSURED is amended as follows:

1. If coverage for newly acquired or formed organizations is not otherwise excluded from this 06/24/2025
C6

Page 54 of 60 ends

PI-GLD-HS (10/11)

Page 7 of 12 ends

Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:

a. Coverage under this provision is afforded until the end of the policy period.

2. Each of the following is also an insured:

a. Medical Directors and Administrators – Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient.

b. Managers and Supervisors – Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your “employees” are also insureds for “bodily injury” to a co - “employee” while in the course of his or her employment by you or performing duties related to the conduct of your business.

This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company.

c. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.

d. Funding Source – Any person or organization with respect to their liability arising out of:

(1) Their financial control of you; or

(2) Premises they own, maintain or control while you lease or occupy these premises.

This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization.

e. Home Care Providers – At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled.

f. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:

This insurance does not apply to:

(1)
Any “occurrence” which takes place after you cease to be a tenant in that premises; or

(2)
Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.

g. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or 06/24/2025
C6

Page 55 of 60 ends

PI- GLD-HS ( 10/11)

Page 8 of 12 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
organization is an insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A pe
rson’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.

With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. h. G
rantors of Permits – Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(
1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(
a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b)
The construction, erection, or removal of elevators; or (
c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors – O nly with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
(
1) The insurance afforded the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b)
Any express warranty unauthorized by you;
(c) A
ny physical or chemical change in the product made intentionally by the vendor; (d) Repa
ckaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f)
Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 06/24/2025
C6

Page 56 of 60 ends

PI-GLD-HS (10/11)

Page 9 of 12 ends

(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or

(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:

(i) The exceptions contained in Sub-paragraphs (d) or (f); or

(ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

(2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing.

Franchisor – Any person or organization with respect to their liability as the grantor of a franchise to you.

k. As Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations

Owners, Lessees or Contractors – Any person or organization, but only with respect to liability for "bodily injury ," "property damage" or "personal and advertising injury" caused, in whole or in part, by:

(1) Your acts or omissions; or

(2) The acts or omissions of those acting on your behalf;

in the performance of your ongoing operations for the additional insured when required by a contract.

With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
06/24/2025
C6

Page 57 of 60 ends

PI-GLD-HS (10/11)

Page 10 of 12 ends

m. State or Political Subdivisions – Any state or political subdivision as required, subject to the following provisions:

(1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.

(2) This insurance does not apply to:

(a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or

(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard ."

M. Duties in the Event of Occurrence, Claim or Suit

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows:

a. is amended to include:

This condition applies only when the “occurrence” or offense is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership; or

(3) An executive officer or insurance manager, if you are a corporation.

b. is amended to include:

This condition will not be considered breached unless the breach occurs after such claim or “suit” is known to:

(1) You, if you are an individual;

(2) A partner, if you are a partnership; or

(3) An executive officer or insurance manager, if you are a corporation.

N. Unintentional Failure To Disclose Hazards

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following:

It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.

O. Transfer of Rights of Recovery Against Others To Us

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of 06/24/2025
C6

Page 58 of 60 ends

PI-GLD-HS (10/11)

Page 11 of 12 ends

Recovery Against Others To Us is deleted in its entirety and replaced by the following:

If the 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.

Therefore, the i nsured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.

P. Liberalization

SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following:

If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

Bodily Injury – Mental Anguish

SECTION V – DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:

“Bodily injury” means:

a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and

b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.

R. Personal and Advertising Injury – Abuse of Process, Discrimination

If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows:

1. SECTION V – DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following:

b. Malicious prosecution or abuse of process;

2. SECTION V – DEFINITIONS, Paragraph 14. is amended by adding the following:

Discrimination based on race, color, religion, sex, age or national origin, except when:

a. Done intentionally by or at the direction of, or with the knowledge or consent of:

(1) Any insured; or

(2) Any executive officer, director, stockholder, partner or member of the insured;

b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;
06/24/2025
C6

Page 59 of 60 ends

PI- GLD-HS ( 10/11)

Page 12 of 12 ends

Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
c.

Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d.

Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.

The above does not apply to fines or penalties imposed because of discrimination. 06/24/2025
C6

Page 60 of 60 ends

Vista City CouncilJune 24, 2025

Vista City Council
June 24, 2025