HomeMy WebLinkAboutBoys 2 Men Girls 2 Women - For lead agency operation of a community center 7170 N San Pablo commonly known as the Pindale Neighborhood CenterAGREEMENT BETWEEN CITY OF FRESNO AND
BOYS 2 MEN, GIRLS 2 WOMEN
CFOR LEAD AGENCY OPERATION OF A COMMUNITY CENTER
This Agreement is made and entered into this 16'r day of September, 2010, by and
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between the CM OF FRESNO, a municipal corporation ("0TY")and BOYS MEN, GIRLS
WOMEN, a California nonprofit corporation ("USER"
RECITA6
A. CITY Is the owner of the property located at 2170 N. San Pablo and commonly
known as the Pinedale Neighborhood Center ("Center").
B. CNY's Director of Parks, After-school, Recreation and Community Services
("Director") (Including Director's designated representatives) is charged with the responsibllily
of supervising the use of CITy's parks and recreational facilities.
C. USER is organized as a California nonprofit corporation to provide services and
opportunities for all ages with an emphasis on school aged children.
D. USER has an objective of providing community services to the public.
E CITY and USER desire to enter into an Agreement to operate the Center,
pursuant to the terms hereof.
F. The right to use and operate the Center without payment of full fair market
value rent conveys a valuable benefit CITY Intends to grant use of certain recreational
facilities, such as the Center, to nonprofits on the condition that the USERS will provide a
minimum amount of "Community Services." "Community Services" is broadly defined as
including programs, services and activities that are consistent with the CITYs Parks, After-
school, Recreation and Community Services Department ("PARCS") mission of creating
community'through people, parks, and programs by enriching the lives of Fresno citizens
through investment in park and open spaces for recreation, and providing diverse opportumdes
for human development and social Interaction.
In light of the foregoing, the parties hereto do hereby agree as follows:
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AGREEMENT
SECTION 1. TERM OF AGREEMENT.
This Agreement shall be for a term commencing on September 30, 2010, and expiring no later
than July 31, 2D13, unless sooner terminated pursuant to the provisions of this Agreement.
CITY may extend this Agreement by granting up to two (2) one-year extensions to USER. This
Agreement may be terminated by the CITY or USER at any time and upon ninety (90) days prior
written notice to the other party, as further provided herein. Regardless of the date of
execution of this Agreement, the effective date shall be September 20, 2010.
SECTION 1. CRY'S OUTSOURCING POLICY
A. The Center was comtructed to provide Community Services. This Agreement grants
certain use and operation of the Center without payment of facility use fees. In
exchange for the authority to use and operate the center as set forth herein, USER
agrees to provide, at a minimum, the Community Services identified In this
Agreement. USER acknowledges that its agreement to provide at least the minimum
level of Community Services and programs to the CITY and the community is a
material provision of this Agreement. USER understands Mat CITY is relying upon
USER actually delivering the program of Community Services as contained within,
and during hours of operations that are comparable to those currently operated by
the cm.
g. USER acknowledges and agrees that any religious. political, or any other activity
outside the scope of services provided pursuant to thh agreement is subject to a
separate rental agreement to be executed by USER and PARE.
C. Although infrequent In their occurrence, Bom time to time, CITY may receive
requests from the public to rem the Center for an event. The CITY retains the right
to make the Center available for a reservation only after conferring with USER to
ensure that Center activities are not disrupted due to scheduling conflicts or
logistical obstacles. Any third parry other than CM or USER that wishes to rent the
Center must do so pursuant to a rental agreement with the On.
SECTION 3. CONTRACT COMPLIANCE AND MONITORING.
A. USER shall be subject to the standards of performance asset forth in this Agreement.
USER shall submit semi-annual reports regarding USER's performance of the Program
and other requirements necessary for QTY to monitor review and evaluate the
performance of the USER. USER's reports must be In a form approved by the CITY.
B. Records, Reports and Audits of USER
a. Preservation of Records. USER shall preserve and make available its records:
I. For the period of four (4) years from the date of termination orexpiration
of this Agreement; or
ii. for such longer period, if any, as maybe required by applicable law.
b. Examination of Records. At anytime during normal business hours, and as often
as may be deemed necessary, USER agrees that the CITY, and/or any of its
respective authorized representatives shall have access to and the right to
examine all of USER's records with respect to all matters covered by this
Agreement. USER also agrees that the CITy, or any of its authorized
representatives shall have the right to audd, examine, and make excerpts or
transcripts of and from such records, and to make audits of all applicable
contracts and subcontracts, invoices, payrolls, records of personnel, conditions
of employment; materials, and all other data relating to matters covered by this
Agreement. CITY may examine records pursuant to this Section throughout the
term of this Agreement and
I. For a period of four (i) years after termination or expiration of this
Agreement; or,
ii. For such longer period as maybe required by applicable law; or
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Iii. If this Agreement Is completely or partially terminated, for a period of
four (4) years from the date of any resulting settlement.
C. CITY Audits.The CITY may perform an independent audit Such audits may cover
programmatic as well as fiscal matters. USER will be afforded an opportunity to respond to
any audit findings, and have the responses included In the final audit report. costs of such
audits will be borne by the CITY, unless the audit has been Initiated by CITY In response to a
default hereunder by USER, in which event USER shall be responsible for such audit cost.
SECTION 4. PROGRAM COORDINATION.
A. Prlorto the Effective Date of this Agreement, and each year thereafter during the term
of this Agreement, USER shall provide CITY with a draft annual program plan for CITY's
approval. Upon approval of the annual program by the CITY, USER (or USER's approved
subcontractors) shall offer the Community Services described in the Program to the
public in accordance with the approved written plan.
B. USER shall comply with the requirement that nine Center shall be made available for the
FARM Senior Hot Meals Program H applicable, and Fresno County EOC Sack Worn
program to provide nc-cost snacks and/or lunch during extended school breaks, at no
cost, and the USER shall cooperate with the provider of those programs.
C. USER represents that USER shall employ, at es sole con and expense, an administrator
who shall alt as the director of the Program and shall have overall responsibility for the
progress and execution of this Agreement, as well as supervise the operation of the
Program. USER shall provide CITY with the contact Information for W ER's Program
Director upon execution of this Agreement. Should circumstances or conditions
subsequent to the execution of this Agreement require a substitute Program Diredar,
USER shall notify the CITY Immediately of such occurrence. Any change in Program
Director will be subject to approval by the CITY. USER's gaff shall cooperate fully with
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the CITY with respect to all matters related to this Agreement.
O. USER's staff shall attend meetings as required or requested by CITY or Oirettor,which
except In cases of emergency, shall be scheduled with reasonable notice.
E. The parties agree that USER shall be solely responsible for the recruitment, training,
supervision and compensation of USER's employees, including Program employees. The
parties further agree that USER shall be solely responsible for the recruitment, training
and supervision of volunteers to assist in the operation of Center of Program.
F. USER may contract with third -party, non-profit organizations to provide programming at
the Center, however, any such contract shall be subject to advance review and approval
by CITY.
SECTION 5. OPERATION OF CENTER.
A. CITY grants permission to USER to conduct the Program during the term of the
Agreement, and pursuant to the terms of this Agreemend. The use ofthe Center by
USER shall not be exclusive, and CITY shall have the night at all times to enter upon the
Center for any purpose and to use the same far any purpose not Inconsistent with
USER's obligations hereunder. USER shall not pay facility use fees to CITY for USER's
Community Service Program aetrvitlas which have been expressly approved by CITY,
subject to the provisions of this Agreement, provided that other costs and charges as set
forth herein, may apply. USER shall have access to the outdoor spaces around the
Center; however, paid reservations made through the CITY for the use of the outdoor
spaces shall be given First priority.
B. Minimum Hours of Operation. USER shall operate the Center at a minimum every
Monday through Friday from 3:W p.m. to 7:00 p.m. with recreational and/or
enrichment activities geared toward school aged children from the surrounding
neighborhoods offered during those hours.
C. Alocation-specific program calendar shall be submitted to CITY on a quarterly basis and
continuously posted for public display at the Center.
D. Minimum Programming Requirements. USER shall, at a minimum, provide the
following:
1. Provide daily homework assistance and/or computer lab access.
2. Provide a variety of indoor recreation atthmes, e.g., arts and crafts, board
games, table games.
3. Provide opportunities for community service activities, e.g.,neighborhood clean
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up, adopt -a -park, etc.
4. Coordinate diverse culturallholiday activities, e.g., Valentine's, Easter/Spring
Once de Maya. Juneteenth, Fourth of July, Halloween/Harvest, Thanksgiving and
Winter Holiday neighborhood celebrations.
5. Provide access for the PARCS Senior Not Meals Program, if applicable.
6. Continue partnership with Fresno County EOC to provide no -cost snacks and/or
lunch during extended school breaks (Sack Lunch Program).
E. USER shall report any suspicious or illegal behavior or activity at the Center or
surrounding grounds to appropriate authorities, Including timely reporting of any graffiti
or vandalism at or affecting the Center.
F. USER shall be responsible for conducting services at the Center consistent with ClTY's
policies and procedures for facility operation, including without limitation,
nondiscrimination practices and procedures.
G. USER's operational obligations shall include reasonable staffing of the Center and
running the Community Service Programs In a manner satisfactory to COY.
USER agrees that a minimum of two (I) staff members shall be an the Center premises
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during all hours of operation
H. USER agrees that any and all personnel, either paid or volunteer, whom USER utilizes in
conducting the Program shall be qualified to perform the duties assigned to them. USER
shall provide CITY with Job descriptions or all volunteer and paid positions. All Center
personnel shall be neatly attired and shall conduct themselves at all times In a
courteous and businesslike manner.
I. USER understands and agrees that the permission granted herein by the CITY to USER to
use and occupy the center is contingent upon the Center being CITY -owned property. If,
at any time during Use term of this Agreement, the Center should no longer be City
owned property or should become unsafe or unusable for any cause or H CITY
terminates for any other reason, CITY shall have no obligation to provide other facilities.
USER further affirms and acknowledges that USER has no relocation rights with respect
to the Center or the Program if this Agreement is terminated for any reason.
J. While h is anticipated that USER may apply for grants from various sources to assist in
running USER's programs, nothing herein obligates the CITY to provide any Ponding to
USER in the operation of any program within the Center. Furthermore, nothing herein
grants USER any priority or special consideration from the CM when the CITY is
considering the distribution of grant funding to nonprofits and similar entities.
K. No fees may be charged for the Minimum Program Requirements set forth In Paragraph
C of this Section. USER may charge fees for participation In approved Community
Serving programming beyond the Minimum Program Requirements. For all programs
for which a fee will be charged, USER must submit a detailed description of the program
to the Director at least fifteen (15) days prior to the initiation of the program. CITY
reserves the right to disallow any fees assessed for participation in USER programs and
adivifies which the CITY deems to be excessive or inconsistent with the mission of the
PARCS Department.
L USER is herein authorized to retain such collected fees for USER use in meeting
programming and operational expenses for Community Serving programs at the Center.
M. CITY agrees that USER may conduct community events and fundraising activities A
CENTER with the prior written approval of PARES Director, so long as activities do not
adversely impact access for the general public to the Center. CITY approval may be
contingent upon USER providing appropriate services needed to adequately support the
event. Proceeds from fundralsing activities must have a direct correlation to USER
operations at the Center. USER must contact the Director prior to any outdoor event to
ensure that the outdoor space Is not already reserved by another group or organization.
No alcoholic beverages will be allowed on premises.
SECTION 6. INVENTORY AND USE OF EQUIPMENT. CITY may agree to make available to
USER, at CIW's sole discretion, certain CITY -owned equipment and furnishings for USER's use in
the conduct of the Program. An inventory of such CfTY-owned equipment and furnishings in
the Center as of the effective date of this Agreement is included in Exhibit A. USER agrees to
maintain all CITY equipment and fumishings applicable to this provision in good condttion and
safe working order, and to return same to CITY In the same condition as when received by
USER, reasonable wear and tear excepted. The use of City equipment for other purposes
outside the scope of this agreement is not permissible..
SECTION]. UTILITIES.
A. CITY will pay for gas, electricity, water,sewer, and garbage, however, IT the monthly gas
and electricity expense at the Center exceeds 5.00% of the expense for the same month
In the prior Oscal year, USER will be required to reimburse the City for the overage on a
quarterlybaus. CITY will continue to take advantage of opportunities to Implement
energy conservation measures at the Center as resources allow.
El CITY agrees to provide outside garbage and refuse containers at the Center far he
deposit of refuse collection services.
SECTION B. MAINTENANCE AND REPAIR.
A. USER shall praNde routine janitorial maintenance and repair of the Center necessary
through reasonable wear and tear; which Includes, at a minimum, spot vacuuming
mopping and restroom service. Routine repairs that are the result of normal wear and
tear on the facility will also be the responsibility of USER.
B. CITY shall be responsible for maintaining all landscaping a[ the Center and surrounding
grounds.
C. USER shall make no alteration or change In any manner to the Center or the surrounding
grounds, including electrical, gas or plumbing equipment or facilities. If USER desires to
alter, modify, change or relocate any utility, equipment or facilities or of any pad or
portion of the Center, such action shall be subject to the prior approval of CITY and the
costs thereof shall be borne by USER.
D. USER has inspected the Center and agrees to use and occupy the Center in an "as -150
condition as of the date of this Agreement Any maintenance or repairs required as a
result of misuse or negligence of USER (including USER's agents, subcontractors,
invitees, and employees)shall be corrected within thirty (30) days by USER. USER may
make arrangements for CITY to make necessary repairs at USER's sale cast and expense.
Failure to complete said repairs within the specified time period may be grounds for
termination.
E. The USER shall hold the CITY harmless against claims if the CITY determines that it must
temporarily shut down the Center to perform Maier system repairs.
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F. City shall be responsible for structural, equipment repair and other long term capital
repairs of the Center, except to the extent such repair may be caused by the misconduct
or negligent actions or omissions of USER or USER's invitees. USER shall report all
necessary facility maintenance and repairs to CITY in a timely manner. CITY shall
conduct preventative maintenance in a manner consistent with the majority of other
similar CITY community center facilities. Enhanced maintenance requested by USER
above the CIW's minimum levels of service are subject to CM's approval.
G. No alterations or improvements, including capital improvements and installations of
additional phone lines, T1 lines, electrical lines, security systems, or changing of locks
and keys; shall be made to the CENTER without the CITY's prior written approval. If the
CITY provides written approval, the USER shall be responsible for obtaining all CITY
permits through the City of Fresno Public Works Department necessary for the
construction of any alteralionsor improvements, USER will be responsible for meeting
all permit requirements at no cost to the CITY.
SECTION 9. NO WASTE OR NUISANCE. USER shall not commit, or suffer to be committed,
any waste upon the Center, or any public or private nuisance.
SECTION I0. REPORTING REQUIREMENTS. User shall be subject to the reporting requirements
set forth In Exhibit C attached hereto.
SECTION 11. INDEPENDENT CONTRACTOR. The parties mutually agree that USER and its
employees are and shall be at all times independent contractors and not agents or employees
of the CITY, and that USER and its employees shall not be entitled to any salary, fringe benefits,
pension, Workers' Compensation, sick leave, Insurance, or any other benefit or right connected
with employment by the CITY, or any compensation other han as prescribed herein and USER
expressly waives any claim it may have to such rights.
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SECTION 12. LICENSE RIGHTS/NOT A LEASE. The rights granted to USER under this Agreement
are nom exclusive license rights only and in no respect shall the same constitute or be Construed
as an assignment of a leasehold or other Interest In the property described in this Agreement.
SECTION 33. ASSIGNM ENT OR SUBLEASE BY USER. This Agreement shall not be assigned by
USER in whole or in part nor subleased or subcontracted In any respect without written
authorization of CITY, which may be withheld in CITWs sole discretion.
SECTIONIA. NONDISCRIMINATION. In the performance of this Agreement, including without
limitation, the programs and services provided at the Center. USER shall not discriminate
against any employee or applicant for employment because of race, sex, color, age, religion,
sexual orientation, actual or perceived gender Identity, disability, ethrocity, or national origin, in
Connection with or related to the performance of this Agreement.
SECTi0N16. COMPUANCE WITH LAWS/BACKGROUNO CHECKS/REPORTOF CHILD ABUSE.
A. USER shall comply with all applicable laws,ordinances, codes and regulations of the
federal, state and local governments.
B. USER shall be responsible for payment of all taxes, fees, contributions or charges
applicable to the conduct of USER's business.
G Without limitation of any other provision herein, if the services provided hereunder (I)
Involve direct Contact won minors or if minors are supervised as par[ of the services
provided hereunder, at (i) if services provided hereunder include services in the human
services field and Involve the care and security of children, the elderly, the disabled, or
the mentally impaired, then USER represents and warrants to CITY that prior to services
being provided hereunder by any personnel or volunteers retained by USER that the
USER has or will Conduct a onminal background check as provided In California Penal
Code Section 11105.3, as well as an FBI criminal database background check and, has or
will verify prior to services being provided that the personnel or volunteers do not have
any criminal record for the offenses listed in California Penal Code Section 11105.3,
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which include, certain offenses related to the possession or use of controlled
substances, sex offenses or any criminal offense involving violence.
D. USER shall comply with the provisions of the Child Abuse and Neglect Reporting Ad,
California Penal Cotle Section 111611 et seq.
E. USER shall request subsequent arrest service from the Department of Justice as
provided under Section 11105.2 of the Penal Code.
F. No person whether paid or not paid by USER shall be permitted to provide services
described in this Agreement unless, prior to commencing services hereunder, USER shall
deliver a letter to CITY listing such person and certifying that the USER has conducted a
proper background check on such person or persons, and each of the named persons is
legally permitted to perform the services described In this Agreement. If requested by
City during the term of this Agreement, USER shall provide an updated certification
letter verifying that the background checks for each of the named persons is current and
In compliance with this provision.
SECTION 16. WAIVER Of CLAIMS. USER, as a material part of the consideration to be
rendered to CITY under this Agreement, hereby waives all claims or causes of action against the
CITY, its officers or employees which USER may now or hereafter have for damages to goods,
wares, merchandise or other Property in, about or upon the Center or any portion of the
building in which Center is located, and for injuries to persons In or about the Center, from any
cause or causes arising al any time. In particular, but not by way of limitation, USER hereby
waives any and all claims or causes of action which USER may now or hereafter have against the
CRY, its officers or employees (a) for loss, injury or damage sustained by reason of any
deficiency, Impairment and interruption of any service or system serving Center or any portion
of building in which Center Is located, and (b) for any loss or damage to the property of, or
injury or damage to USER, USER's officers, employees, or agents, from any rause or causes
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arising at any time because of USER's use or occupancy of the Center or any portion of building
in which Center Is located.
SECTION 17. INDEMNIFICATION AND HOLO HARMLESS. USER shall indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and authorized volunteers
from any and all loss, liability, fines, parities, forfeitures, casts and damages (whether In
contract, tort or strict liability, Including but not lim ted to personal Injury, death at any time
and property damage) Incurred by CITY, USER or any other person, and from any and all claims,
demands and actions In law or equity (including attorney's fees and litigation expenses), arising
or alleged to have arisen directly or Indirectly out of performance of this Agreement. USER'S
obligations under the preceding sentence shall apply regardless of whether CM or any of Is
officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages mused solely by the gross negligence, or
mused by the willful misconduct. of CITY or any of Its officers, officials, employees, agents or
authorized volunteers.
If USER should subcontract all or any portion of the work to be performed under this
Agreement, USER shall require each subcontractorto Indemnify, hold harmless and defend CITY
and each of its officers, officials, employees, agents and volunteers in accordance with the
terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
SECTION 18. INSURANCE REQUIREMENTS. Throughout the life of this Agreement, USER shall
pay for and maintain in full farce and effect all insurance as required In Exhibit B or as may be
authorized in writing by CITY'S Risk Manager or his/her designee at any time and In his/her sole
discretion.
If at any time during the Ide of the Agreement or any extension, USER or any of its
subcontractors fail to maintain any required insurance in full force and effect, all services and
work under this Agreement shall be dlsconfinued immediately, Any failure to maintain the
required Insurance shall be sufficient cause for CITY to terminate this Agreement No action
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taken by CITY pursuant to this section shall In any way relieve USER of its responsibilities under
this Agreement. The phrase "fall to maintain any required Insurance" shall include, without
limitation, notification received by C"that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
The fact that insurance Is obtained by USER shall not be deemed to release or diminish the
liability of USER, includm& without limitation, liability under the indemnity provisions of this
Agreement The duty to indemnify CIN shall apply to all claims and liability regardless of
whether any Insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of Indemnification to be provided by USER. Approval or purchase of any insurance
contracts or policies. shall In no way relieve from liability nor limit the liability of USER, its
principals, officers, agents, employees, persons under the supervision of USER, vendors,
suppliers, Invitees, USERS, sub USERS, subcontractors, or anyone employed directly or Intlirettly
by any of them.
Upon request of ❑N, USER shall immediately furnish CIN with a Complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy
certified by the underwriter to be a true and correct copy of the original policy. This
requirement shall survive expiration or termination of this Agreement.
If USER should subcontract all or any portion of the services to be performed under this
Agreement, USER shall require each subcontractor to provide Insurance protection in favor of
CITY and each of its officers, officials, employees, agents and volunteers In accordance with the
terms of this section, except that any required certificates and applicable endorsements shall
be on file with USER and CIN prior to the commencement of any services by the subcontractor.
SECTOR 19. COMPLIANCE WITH LAWS. USER shall comply with CIN policies and all
applicable state and federal laws, regulations and rules related to the use of the Center and the
operation of the Program, including but not limited to, laws, regulations and rules applicable to
health, safety and equal opportunity employment.
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SECTION 20. POSSESSORY INTEREST TAX. USER understands and agrees that this Agreement
may create a possessory interest subject to property taxation and that USER may be subject to
Payment of property taxes levied on such interest, and that any such tax shall be the liability of
and be paid by USER.
SECTION 21. TIME OF ESSENCE. Where performance of a covenant is specified herein to be
performed on or before a certain date, time shall be of the essence of that said covenant.
Performance by USER of each and every covenant of this Agreement Is material, the breach of
which shall constitute a material breach of this Agreement for which the CITY may terminate
this Agreement.
SECTION 22. EFFECT OF WAIVER. The waiver by CITY of any breach of any term, covenant or
condition of this Agreement shall not be deemed a waiver of such term, covenant or condition
of waiver of any subsequent breach W such term, covenant or condition. The consent or
approval by CITY to or of any act by USER requiring CITY's approval or consent shall not be
deemed to waive provisions for CITY's approval or consent to any such subsequent ads by
USER.
SECTION 23. AUTOMATIC TERMINATION. The right of USER to use the Center described
herein shall be automatically terminated without notice on the occurrence of any one of the
following conditions subsequent, in which event USER shall forthwith and without demand by
the CITY, surrender the Center without delay.
A. The appointment of a receiver to take possession of all or substantially all of the assets
of USER;
0. A general assignment by USER for the benefit of creditors;
C. Any action taken or suffered by USER under any insolvency or bankruptcy ad;
D. The suspension, revocation or lapse of SER's nonprofit incorporated status; or
E. Failure to comply with any material term of any other agreement between USER and
CITY, Including without limitation, any grant agreement
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SECTION 24. ELECTIVE TERMINATION. This Agreement may be terminated by either party at
any time during the term for any reason, upon giving to the other parry, at least ninety (90( days
written notice of termination. In the event such notice of termination is given, this Agreement
shall be deemed terminated ninety (90) days after delivery of notice is given pursuant to
Section 28.
Section 25. The parties acknowledge that CITY may terminate this Agreement under this
Provision without rause, notwithstanding USER's Compliance with the terms of this Agreement
including payment of utilities, delivery of reports and program services. The Director is
authorized to decide, on the Part of the CITY, that this Agreement is to be terminated and to
furnish written notice thereof to USER.
SECTION 26, TERMINATION UPON DEFAULT. In the event of any default on the part of USER
in USER's performance Of or compliance with any of the terms, conditions and covenants of this
Agreement, CITY shall have the right, in addition to or as an alternative to any other right it may
have at law or In equity or pursuant to this Agreement, to terminate this Agreement upon (30)
days prior written notice; provided, however, that CITY shall first give written notice to USER of
such default and USER shall thereafter have a period of seven (2) days to Correct the default.
SECTI0N22. SURRENDER ON TERMINATION. On the last day or the sooner termination of the
term of this Agreement, USER shall quit and surrender center In good Condition and repair
(reasonable use and wear and tear, and damage or deterioration mused by the elements,
earthquake, flood, and fire not caused by the negligence of the USER excepted), and remove all
Property owned by the USER from the Center. All such property not so removed shall be
deemed at the option of CITY to have been abandoned by USER.
SECTION 28. NOTICES AND REPRESENTATIVES. All notices required or permitted to be given
under this Agreement shall be In writing and personally delivered or sent by U.S. Mail, portage
prepaid, addressed as follows:
Randall L Cooper Joseph Perry
Director, Fresno PARCS Executive Director
Dickey Youth Development Center goys 2 Men, Girls 2 Women
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1515 E. Divisadero St. 4974 N. Fresno St
Fresno, CA 93721 Fresno, CA 93726 PMB 523
The parties may change their respective addresses far purposes of delivering notices by sending
notice of such change pursuant to this Section.
SECTION 29. CONFLICT OF INTEREST. USER shall avoid all conflict of interest or appearance of
conflict of Interest in performance of this Agreement. USER is familiar with conflict law
Provisions set forth in California Government Code Sections 87160 et seq. and Government
Code Section 1090. USER certifies that it does not know of any facts which constitute a
violation of such section. USER further certifies that it shall not assign any personnel to provide
services under this Agreement which would be cause for a violation of any conflict of interest
law,
SECTION 30. MISCELLANEOUS PROVISIONS.
A. The partles agree that this Agreement shall be governed and construed In accordance
with the laws of the State of California. In the event that suit shall he brought by either
Party to this Agreement, the Parties agree that venue shall be In Fresno County.
B. The headings of the sections and subsections of this Agreement are inserted for
convenience only. They do not constitute a part of this Agreement and shall not be
used In Its construction.
C Any and all exhibits which are referred to in this Agreement are incorporated herein by
reference and are deemed a part of this Agreement.
D. This Agreement may only be amended by formal written agreement executed by both
Parties.
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E—If a court Of competentjudsdialon adjudges any provision of this Agreement as void or
unenforceable, the remaining provisions shall not be affected hereby and shall remain In
full force and effect.
F.E.
IN WITNESS WHEREOF, The parties hereby execute this Agreement as of the day and year
hereinabove written.
USER:
BOYS 2 MEN, GIRIS 2 WOMEN,
a Call Nonp t rpomdon
By
Z1 ph Perry, Executive Director
ys 2 Men, Girls 2 Women
Dare
BY j//0//p
an:
CITY OF FRESNO,
a Munidpal Domination
fly
Randall 1. Cooper, Director
Fresno FARM
Date
ATTEST:
REBECCA RLISCH
City k
�Cller
By Alb"Ca. wegf/o
I IF
APPROVED AS TO FORM:
JAMFSC.SANCHQ
rO
By L
I
Exhibit A— Facility Inventory
&hili[ B—Insurance Requirements
Exhibit C—Summary of Reporting Requirements
EKHIBITA
FACILITY INVENTORY
Pinedalelnveraory
ITEM
QTY
REM
Cary
Pool Tables
1
Historical Plctures
5
Pool Sticks
2
Desk
1
Pool Ball Sets
1
file Cabinet
y
Foosball Table
1
Round Tables
T
Ping Pan Table
2
Printer
1
Pin Pang Paddles
a
8'Ta81es
]3
Keyboards
a
Chairs
]B
Hard Drives
8
bb Chairs
B
Mame
e
Monitors
8
EXHIBIT B
INSURANCE REQUIREMENTS
Agreement between the City of Fresno
and Boys 2 Men, Girls 2 Women
Lead Operation of Neighborhood C
Minimum Scope of Insurance
Coverage shall be at least as broad as:
3. The mast current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, which shall Include Insurance for "bodily
injury," `property damage" and "personal and advertising injury, with coverage
for premises and operations, products and completed operations, and
contractual liability.
2. The most current version of Insurance Service Office (150) Business Auto
Coverage Form CA 00 01, which shall Include coverage for all awned, hired, and
non -owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers' Compensation Insurance as required by the California labor Code and
Employees Liability Insurance.
Minimum Limits of Insurance
USER shall maintain limits of liability of not less than:
1. General Liability:
$3,000,DOO per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$3,000,000 aggregate for products and completed operations
- $3,000,000 general aggregate
2. Automobile Liability:
- S1=000 per accident for bodily injury and property damage
3. Employer's Liability:
$1,000,000 each accident for bodily injury
- $1,000,000 disease each employee
- $1,000,000 disease policy limit
Umbrella or Excess Insurance
In the event USER purchases an Umbrella or Excess insurance poliry(les) to meet the "Minimum
Units of Insurance," this Insurance policy(les) shall "follow form" and afford no less coverage
than the primary insurance policy(ies(.
Deductibles and Self -Insured Retentions
USER shall be responsible for payment of any deductibles contained in any Insurance polices
required hereunder and USER shall also be responsible for payment of any self-insured
retentions. Any deductibles or self-insured retentions must be declared to, and approved by,
the C"'S Risk Manager or his/her designee. At the option of the CIT1"S Risk Manager or
his/her designee, either (1) the insurer shall reduce or eliminate such deductibles or sell -insured
retentions as respects CITY, its o/ficers, officials, employees, agents and authorized volunteers;
or (ii) USER shall provide a financial guarantee, satisfactory to C"'S Risk Manager or his/her
designee, guaranteeing payment of losses and related investigations, claim administration and
defense expenses. At no time shall CITY be responsible for the payment of any deductibles or
self-insured retentions.
Other Insurance provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed
to contain, the following provisions:
1. CITY, Its officers, officials, employees, agents and volunteers are to be covered as
additional Insureds,
3. The coverage shall contain no special limitations on the scope of proaectian
afforded to CITY, Is officers, officials, employees, agents and volunteers.
3. USER'S Insurance coverage shall be primary and no contribution shall be
required of CITY.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: USER and its insurer shall waive any right of subrogation against CITU, its
Officers, officials, employees, agents and authorized volunteers.
All policies of insurance required hereunder shall be endorsed to provide that the coverage
shall not be cancelled, non renewed, reduced in coverage or In limits except after 30 calendar
day written nonce by certified mail, return receipt requested, has been given to CITY. Upon
Issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction
in coverage or In Imilts, USER shall furnish CITY with a new certificate and applicable
endorsements for such poliaylies). In the event any policy is due to expire during the work to
be performed for CITY, USER shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of
the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance compaoyliesl
admitted by the California Insurance Commissioner to do business in the State of California and
rated not less than "A -VII" In Best's Insurance Rating Guide; or authorized by CITY'S Risk
Manager.
Verification of coverage
USER shall furnish CITY with all certipcar e(s) and applicable endorsements effecting coverage
required hereunder. All certificates and applicable endorsements are to be received and
approved by the CITWS Risk Manager or his/her designee prior to CITY'S execution of the
Agreement and before work commences.
Exhibit
SUMMARY OF REPORTING REQUIREMENTS
Quarterly:
1. Alocation-specifc program calendar shall be submitted to CITY and
continuously posted for public display at the Center.
Semi -Annually:
L Submit a report regarding performance of Programs offered at the she.
Annually:
1. •A draft annual program plan for CITY's approval.
2. "An Organizational chart with a list of staff employees by title.
3. *Names and addresses of current members of the Board of Directors.
4. •A CPA Compiled annual financial report including sources of funding and
any constraints on receivable or received funds.
S. Proof that services are still available and quantitative reports of services
Provided during the preceding year.
6. ' Proof of Insurance as set forth in Exhibit B.
As Modified
L Provide CITY with job descriptions of all volunteer and paid positions.
2. For all programs for which a fee will be charged, USER must submit
detailed description of the program to the Director at least fifteen (15) days
prior to the initiation of the program.
As Required.
I. Staff shall attend meetings as required orrequested by CJTYor Director.
Note: Asterisk designates hems that are first due prior to Agreement commencement date.
Pe m
FREON )REPORT TO THE CFFYCOUNCIL ACENOAThEls O. 9:3Oam
COUNCIL MEETING O9116/10
marks acsr W,,osu APMOIAM Ry
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USE
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September 16, 2010
FROM: RANDALL L COOPER, Director
Perks, Recreation and Community Senaces Department
BY: PAUL A. MELIKIAN, AdminidreMe Manage
KYLE 0. JEFFCOACH, Community R r Supemsor II
Perks, Alter Sdmool, Recreation and Community Sonatas Department
SUBJECT: APPROVAL OF A THREE YEAR AGREEMENT WITH BOYS 2 MEN, GIRLS
WOMEN FOR LEAD AGENCY RESPONSIBILTY FOR RECREATIONAL
PROGRAMMING AT PINEDALE COMMUNITY CENTER
RECOMMENDATIONS
Shelf reoommerds gat Me City Coondl approve Me afteded Agreement for lead WW operation of a
maghtiorhood center with Boys 2 Men, Girls 2 Waren for Princes Community Center.
EEECUTNE SUMMARY
As of October 1, 2010, the Cily d Fresno FARCE Departnont Wit re longer be We to fund recreational
ProgreMs at 10 al the 17 City nephbomcod centers. These centers are: Elmmin, Oulgley, EI Dorado,
Pinedale, Mary Elle Bion, Lafayette, Melody. Sume. Fink White, and Highway City, As Pan of the
Mayors commitment to keeping Me issuers open, several community-based oryanirations (CBO)
submitted applications and were selected based on qualiaca ions to Werete several d Ma sees Met are
scheduled to be Closed. The that round of this Process "a taken to City Colmdl on July U, 2010. One
additional she is ready for CounCH approval fo move Ramat! with gra "motion phase of to Process. This
site and tts o nespondirg agendas is Pinedale – Boys 2 Man, Gids 2 Womac.
The contractual agreement for Me lead agency, waud establish a three-year commitment with an option to
ran" for an atldltional him years. Consistent with the Wer CBO sites, Me CBO Wit maintain and operate
Programs In Me b ffk ilgs at Ptiadale and have diwation to facileMa programs Mat are operated warm
Me moldy. The Wildings and green spare al all tenors will remain the responsitrgity of Me PARCS
Departant for maintenance in a manner consistent with Me majority of ober similar neighborhool Perks
and center fadleies. Enhanced maintenance requested by a CRO above the Departments manlmum
levels of sandoo ere subject to available "ding, The City will continue m Pay for gas, elecMORy, water,
sewer, and gamage; hoWner, a the monthly gas and eledndty expense at Me Center exceeds 105.00%
of Me expense for Me same month in the pnorgral year, tie CBO will Ne required M reimburse tla City
for the average on a Memory Naas. The Department will conbnus to take advantage of opportunities to
implement energy conservation meammes at the Centers as resouroes allow
If a CSO wislias to conduct any religious, pditcal, or any oMer active outside Me scope of services
provided ouMned in Me agreement, those activities are subject to a saparete rental agreement with the
City. Although infrequent In Mair ocwrrence, Me Deparhnent wilt retain Me light to make the Center
available for nammations, but only ager conferring worth this CBO to ensure that Center ad imas are has
dbmPted due to sdaduling cmngico or logistical obMadas.
PARCS exlads m beg forth additional sites for CRG C(la n NeforoOcabr t, 2010
Report to IN City comes
Community stated OganIzabon Lead Operation of Pinedale Neghbonhood Center
SaptemCar 19. 20111
Psge2d3
BACKGROUND
In April d 2010, the City d Fresno produced a Request for Information (RFI) for CBO's to begin Me
idedlficadon pmceas for possible matches to operate 10 neighborhood centers. The smorci getup of RFI
submittals was received in each June, and a panel of community member was fome0 to hap make
recommendations of all CBC's duet met Me minimum qualifications. Based on Me lecommendatbns of
Me penal, ane CSO was "Noted! M become the lead agency at Pinedab.
PARCS he planning to begin tie occupanry transition sterling September 17, 2010. During this MMSFIlan
process, PARCS stag will remain at the site until September B0, 2010 which is when Me IWO pr gram is
Met In enpme. This will allow for a loo-week transiYan period for tie incoming oganiration fo work with
Department Staff to develop mppod with IN community and participants; . As part d the quality control
process, monthly meetings are rewired for Me CBO's to meet with Departrrent start to share programa
and activities as well as address any concem r Mel may have risen. Thu regular communication maalbg
will ensure Met Centers are being fully Wlized and enhance the programs currently toning olyaed.
RFI submittals were reviewed based upon their overall ability to provide for, M minimum, tie core program
and operational rwryrirernmu or tie primal CBO's were also evaluated by reviewing Meir current
operations, including number or employees, number of eperabla sites, years d service, bey
mmagemeMoperetional start, Meir qualifications and certifications, and fadlM1y manegernent history.
Minimum Operational R flan:
• OPeNClcsel5a m Facility
•
Reporting of suspicious or illegal bahavior, grakN and vandalum
• Provide manor janitorial service and maintenance
• Reporting douhide f rdlity maintenance needs come City in a timely harmer
Tule CBO's current pagrams and services warm aim evaluataQ including number of programs and
padicipads, hours d operation, ages served, years d services, qualification and certifications of key
programmatic stag, and pmgmm padrerships and acconwlishmmts.
Mlairrum Program R ts:
• Provide public access 0 Me f ndimes Monday trough Friday from 300 p.m. a 7'00 p.m. with
recreational andor enrichment activilbs geared for school-aged children from the surrouMng
neghbonaods offered during Mose hours. Community paraters must ensure Me same or greater
levels of public access and reaeationeVmrichmad activities.
• Pmvide dally homework assistance andror computer lab access
• Continue parMemhip with Fresno County C to provide no-cont snacks ani lunch dung
extended school breaks. I.e. summer vacation, wider break. (Sact Lunch Program)
• Provide a warmly of Indoor recreation actlVlgaa, I.e. am & cods. board games, table games.
• Provide opportuni4es far community service scovilus, i.e. neghbodwod clearvup, adopt-joark,
etc.
• Coondinete diverse cum mVhdidey activities, ie. Valentme, zieten5pring, anon de Mayo,
JunetemM, Fouts d July, HelleweeNHarvest, Puma wing and Winter Holiday neghtorti
celebraems.
• Pravide access for the PARCS Benin Hot Meals Program it applicable at Me Cents.
Summery of CBO Reoatine Reodrements
CEO's will W In regular coned wiM PARCS staff via monthly meetings and site inspections. In addition
to following repoeung will occur asfotlowa:
Report to the Cly Coundl
Community Based Orientation Lead Cperetion of Pinedale Neighborhood Career
Seplembef 10, 201E
Page f Md
• A bcetlon-sped(w pmgrem calenclar shall be submitted to Cly quarterly and continuously posted
for public display M Cie Center.
• Submit a report sem"rinualy regardinn performance or Programs ohtared at Cie site.
Annually, submit a draft annual program plan for City appmvml.
• Annually, sabred an organintional ohan wAh a lint of shelf employees by this.
• Names and addresses a lament members aCie Boardnt Directors.
• A CPA -compiled annual fmandal report including sources of funding and any constraMm on
receivable or received funds.
Proof tat services are MY available & quantitative reparts of seniles provided Junin the year.
• PmMoflnsurenos.
• Provide City will lob desmptlons of all wlunteer and paid positions.
• For all pmgrems tor whioh a me will he charred. CBO must submit a deteimd deacnpdon of Me
pmli am on tris Director At least 15 days prior to the ini0atlan of thus program.
FISCAL IMPACT
Approval of Me attached Agreement will have no additional impecl to Me General Flail. Facllity
msirlm mm, Utilities, and fielMardscape maintenance have been budgeted at minimum levels for all
neighborta i center sites in F 2011. As notes above, gas 6 eleclnc openers CwarteE at Me Centers
Met ala more Man 5.00%above aument levels will be reimbursed to the City.
Kuat•MNge b ccQ010
stns
ACachment Agreement teith Boys 2 Men, Girls 2 Women for Lead Agency Operation of Pinedata
Community Center