HomeMy WebLinkAboutMountain View Community Church Operation of Melody Neighborhood Centerv2Oam-%i
sl/a/lo
AGREEMENT BETWEEN OTY OF FRESNO AND
MOUNTAIN VIEW COMMU NITY CHURCH
FOR LEAD AGENCY OPERATION OF COMMUNITY CENTER
This Agreement Is made and entered into this 26TH day of August, 2010, by and.
between the CITY OF FRESNO, amunicipal corporation ('CITY")and MOUNTIAN VIEW
COMMUNITY CHURCH, a California nonprofit corporation ("USER").
RECITALS
A. CITY is the owner f the property located at 5935 E. Shields and commonly
known as the Melody Neighborhood Center ("Center").
B. CITY's Director of Parks, After-school, Recreation and Community Services
(`Director") (including Director's designated representatives) is charged with the responsibility
of supervising the use of CITY's parks and recreational facilities.
C. USER Is organized as a California monorail 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.
E The right to use and operate the Center without payment of full fair market
value rent conveys a valuable beneftt. 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 CtWs 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 far recreation, and providing diverse opportunities
for human development and social Interaction.
In light of the foregoing, the parties hereto do hereby agree as follows:
AGREEMENT
SECTION 1. TERM OF AGREEMENT.
This Agreement shall be for a term commencing on September 1, 2010, and expiring no later
than July 31, 2013, 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 he terminated by the CITY or USER at any time and upon ninety (30) 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 1, 2010.
SECTION 2. CITY'S OUTSOURCING POLICY
A. The Center was constructed to provide Community Services. This Agreement grants
certain use and operation of the Center wkhaut 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 the CITY is relying upon
USER actually delivering the program of Community Services as contained within,
and during boors of operations Nat are comparable to those currently operated by
the CITY.
R. USER acknowledges and agrees that any religious, political, or any other activity
outside the scope of services provided pursuant to this agreement is subject to a
separate rental agreement to be executed by USER and PARE.
C. Although Infrequent In their occurrence, from time to time, CITY may receive
requests from the public to rent the Center for an event. The Crry retains Me NgM
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
2
loltistIca I obstacles. Any third party other than CITY or USER that wishes to rent the
Center must do so pursuant to a rental agreement with the Cliy.
SECTION 3. CONTRACT COMPLIANCE AND MONITORING.
A. USER shall be subject to the standards of performance as set forth in this Agreement.
USER shall submit semi-annual reports regarding USER's performance of the Program
and other requirements necessary for CITY 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 or expiration
of this Agreement; or
ii. For such longer period, IT any, as maybe required by applicable law.
b. Examination of Records. At any time 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 he CITY, or any of its authorized
representatives shall have the right to audit, 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 (4) years after termination or expiration ofthis
Agreement; or,
ii. for such longer period as maybe required by applicable low; or
Ill. If this Agreement is comptetelyor partiallyterminated, 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 apportunityto 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. Prior to 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 CITYs
approval. Upon approval of the annual program by the CITY, USER for USER's approved
subcontractors) shall offer the Community Services described In the Program to the
public in accordancewith the approved written plan.
R. USER shall comply with the requirement that the Center shall be made available for the
PARCS Senior Hot Meals Program If applicable, and Fresno County DOC Sack lunch
program to provide no -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, atIts; sole cost and expense, an administrator
who shall act 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 CON wish the contact Information for USER's Program
Director upon execution of this Agreement. Should circumstances or conditions
subsequent to the execution of this Agreement require a substitute Program Director,
USER shall notify the CITY immediately of such occurrence. Any change in Program
Director will be subject to approval by the CITY. USER's staff shall cooperate fully with
4
the CITY with respect to all matters related to this Agreement.
D. USEWs staff shall attend meetings as required or requested by CITY or Director, 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 or the Program.
F. USER may contract with thirdpartynon-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. CRY grants permission to USER to conduct the Program during the term of the
Agreement, and pursuant to the terms of this Agreement. The use of the Center by
USER shall not be exclusive, and CITY shall have the right at all times to enter upon the
Center for any purpose and to use the same for any purpose not inconsistent with
USER's obligations hereunder. USER shall not pay facility use fees to CITY for USER's
Community Service Program activities which have been expressly approved by CITY,
subject to the provisions of this Agreement, provided that other torts and charges as set
form 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
spacesshall be given first priority.
B. Minimum Hours of Operation. USER shall operate the Center at a minimum every
Monday through Friday from 3:00 p.m. to 7:00 p.m. with reveationai 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 pasted for public display at the Center.
D. Minimum Programming Requirements. USER shall, at a minimum, provide the
fallowing:
1. Provide daily homework assistance and/or computer lab access.
2. Provide a variety of indoor recreation activities, e.g., arts and crafts, board
games, table games.
3. Provide opportunities for community service activities, e.g.,neighborhood clean
-
up, adopt-a-park, etc.
0. Coordinate diverse cultural/holiday activities, e.g., Valentine's, Easter/Spring,
Once de Mayo, Juneteenth, Fourth of luly, Halloween/Harvest, Thanksgiving and
Winter Holiday neighborhood celebrations.
5. Provide access for the PARCS Senior Hot Meats Program, if applicable.
g. Continue partnership with Fresno County EDC to provide nacos[ snacks and/or
lunch during eNended 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 CllY's
policies and procedures for facility operation, including without limkatlon,
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 CITY.
USER agrees that a minimum of two (2) staff members shall be on the Center premises
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 lob descriptions of 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 CI FY owned property. If,
at any time during the term of this Agreement, the Center should no longer be CITY -
owned property or should become unsafe or unusable for any cause or if CITY
terminates for any other reason, CITY shall have no obligation to provide other f rcllhies.
USER further affirms and acknowledges the USER has no relocation rights with respect
to the Center or the Program if this Agreement is terminated for any reason.
1, While It 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 funding to
USER in the operation of any program within the Center. Furthermore, nothing herein
grants USER any priority or special consideration from the CITY when the CITY is
considering the distribution of grant funding to nonprofits and similar entitles.
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 o the initiation of the program. CITY
reserves the right to disallow any fees assessed for participation In USER programs and
activities 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 at
CENTER with the prior written approval of PARCS 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 fundraising activities must have a direct correlation tq 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 CITY's sole discretion, certain CITY -owned equipment and furnishings for USER's use in
the conduct of the Program. An Inventory of such CITYownedequipment 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 furnishings applicable to this provision in good condition 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 J. UTILITIES.
A. CITY will pay for gas, electricity,water,sewer, and garbage, however, if the monthly gas
and electricity expense a the Center exceeds 5.005E of the expense for the same month
In the prior fiscal year, USER will be required to reimburse the City for the overage on a
quarterly basis. CITY will continue to take advantage of opportunities to implement
energy conservation measures at the Center as resources allow.
B. CITY agrees to provide outside garbage and refuse containers at the Center for the
deposit of refuse collection services.
SECTION B. MAINTENANCE AND REPAIR.
A. USER shall provide 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.
8. CITY shall be responsible for maintaining all landscaping at 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 part or
partlan 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-is"
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 sole tort 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 major system repairs.
R 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. C" shall
conduct preventative maintenance In a manner camictent with the majority of other
similar CITY community center facilities. Enhanced maintenance requested by USER
above the CITY's minimum levels of service are subject to CIT Ws approval.
G. No alterations or improvements, including capital improvements and installations of
additional phone lines, Tl lines, electrical lines, security systems, or changing of locks
and keys, shall be made to the CENTER without the CITWs 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 alterations or improvements. USER will be responsible for meeting
all permit requirements at no cost to the CITY.
SECTION 9, NOWASTEORNUISANCE. USER shall not commit, or suffer to be committed,
any waste upon the Center, or any public or private nuisance.
SEMON I0. REPORTING REQUIREM ENTS. User shall be subject to the reporting requirements
set forth in Exhibit Cattached hereto.
SECUONII. INDEPENDENT CONTMCTOR. The parties mutually agree that USER and hs
employees are and shall be at all times independent contractors and not agents or employee
of the C", and that USER and its employees shall not be entitled to any salary, fringe benefirs,
pension, Workers' Compensation, sick leave, Insurance, or any other benefit or right connected
with employment by the CITY, or any compensation other than as prescribed herein and USER
expressly waives any claim it may have to such rights.
10
SECTION 12. LICENSE RIGHTS/NOT A CEASE. The rights granted to USER under his Agreement
are non-exclusive license rights only and In no rasped shall the same constitute or be condrued
as an assignment of a leasehold or other Interest in the property described in this Agreement.
SECTION 13. ASSIGNMENT OR SURCEASE BY USER. This Agreement shall not be resigned by
USER In whole or in part nor subleased or subcontracted In any respect without written
authorization of CITY, which may be withheld In CHYs sale discretion.
SECTION 14. 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, ethnicity, or national origin, in
connection with or related to the performance of this Agreement.
SECTION15. COMPLIANCE WITH LAWS/BACKGROUND CHECKS/REPORT OF CHILD ABUSE.
A. USER shall comply with all applicable lam, ordinances, codes and regulations of the
federal, nate 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.
C Without limitation of any other provision herein, if the services provided hereunder (l)
involve dined contact with minors or If minors are supervised as part of the services
Provided hereunder, or (li) 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 criminal 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,
11
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 Act,
California Penal Code Section 11166 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
C", 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 at 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
0", 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 cause or causes
arising at any time because of USER's use or occupancy of the Center or any portion of building
12
In which Center is located.SECTION 17. INDEMNIFICATION AND HOLD HARMLESS. USER
shall Indemnify, hold harmless and defend COY and each of its officers, officials, employees,
agents and authorized volunteers from any and all loss, liability, fines, penalties, forfeitures,
costs and damages (whether in contract, tort or strict liability, Including but not limited 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 attomey's
fees and litigation expenses), arising or alleged to have arisen directly or indirenly out of
performance of this Agreement. USER'S obligations under the preceding sentence shall apply
regardless of whether CITY or any of as officers, officials, employees, agents or volunteers are
negligent, but shall not apply to any loss, (lability, fines, penalties, forfeitures, costs or damages
caused solely by the gross negligence, or caused 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 subcontractor to 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 far and maintain In full force and effect all insurance as required In Exhibit B oras 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 life 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 discontinued immediately, Any failure to maintain the
required insurance shall be sufficient cause for CITY to terminate this Agreement. No action
taken by CITY pursuant to this section shall In anyway relieve USER of its responsibilities under
this Agreement The phrase "fall to maintain any required Insurance" shall Induce, without
13
limitation, notification received by CITY that an Insurer has commenced proceedings, or has had
Proceedings commenced against it, indicating that the Insurer is insolvent.
The fait that Insurance is obtained by USER shall not be deemed to release or diminish the
liability of USER, includin& without limitation, liability under the indemnity provisions of this
Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of
whether any Insurance policies are applicable. The policy limits do not ad 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 Indirectly
by any of them.
Upon request of CITY, USER shall Immediately furnish CITY 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 CITY prior to the commencement of any services by the subcontractor.
SECTION 19. COMPLIANCE WITH LAWS. USER shall comply with CITY 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.
SECTION21) 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
14
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
condalon of this Agreement shall not be deemed a waiver of such term, covenant or condition
of waiver of any subsequent breach of such term, covenant or condition. The consent or
approval by CITY to or of any act by USER requiring CITWs approval or consent shall not be
deemed to waive provisions for CIMS approval or consent to any such subsequent ads by
USER.
SECTION 23. AUTOMATICTERMINATION. The right of USER to use the Center described
herein shall be automatically terminated without notice on the occurrence of any one or 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 B receiver to take possession of all or substantially all of the assets
of USER;
B. 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, revocatlon or lapse of USER'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.
SECTION 26. 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 ofterminatlon. In the event such notice of termination is given, this Agreement
is
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 muse, 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
fumish 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 N 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.
SECTION27. 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 condation and repair
(reasonable use and wear and tear, and damage or deterioration caused by the elements,
earthquake, Rood, 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:
Randy Cooper David Thiessen
Director, Fresno PARCS Executive Pastor
Dickey youth Development Center Mountain View Community Church
1515 E Divisadero St 3600 N. Fowler
Fresno, CA 93221 Fresno, CA 93722
16
The parties may change their respective addresses for 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 Cailfomia Government Code Sections 8710p et seq. and Government
Code SecNpn1090. USER candies that it does not know of any facts wh lch constitutea
violation of such section. USER former certifies that it shall not assign any personnel to provide
services under this Agreement which would be cause fora violation of any conflict of Interest
law.
SECTION 30. MISCELLANEOUS PROVISIONS.
A. The parties 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 be brought by edher
party to this Agreement, the parties agree that venue shall be in Fresno County.
g. The headings of the sections and subsections of this Agreement are Inserted for
convenience only. They do not cansthuce 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.
E. If a court of competent jurisdiction 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.
17
IN WITNESS WHEREOF, The parties hereby execute this Agreement as of the day and year
hereinabove written.
USER: pry;
Mountain View Community Church, CITY OF FRESNO,
a California Nonprofit Coryoration a Municipal Corporation
BY rC CAI B - ,�.
David Thiessen, Executive Pastor r tlCooper, Olrectp
Mountain View Community
F
Church Fresno
PARCS
Date !�—:� 23 I p(o
ay
Date
ATTEST:
REBECCA KUSCH
City Clerk
By 0l u4L Y 4DtUWW glaoc
APPROVED AS TO FORM;
JAMES C. SANCHEZ
By
Exhibit A— Facility Inventory Ke1
Exhibit B — Insurance Requirements
Exhibit C—Summary of Reporting Requirements
E%HIBITA
FACILITY INVENTORY
Melody Inventory
REM
QTY
REM
QW
Pool Tables
2
Desk
1
Pool 5ticks
2
File Cabinet1
Pool Ball Sets
1
Book Shelf
2
Faosball Table
5
Printer
2
Ping Pong Table
1
8'Tables
2
Ping Pong Paddles
A
Chairs
36
Keyboards
3
Moose
3
Hard Drives
3
Monitors
3
Dab Chain
3
EXHIBIT B
INSURANCE REQUIREMENTS
Agreement between the City of Fresno and Mountain View community Church
Lead Operation of Neighborhood Center
Minimum Scope of Insurance
Coverage shall be at lean as broad as:
1. The most current version of Insurance Services office (150) 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 ormce (150( Business Auto
Coverage Form CA 00 01, which shall Include coverage for all owned, 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
Employer's Liability Insurance.
Minimum Umhs of Insurance
USER shall maintain limits of liability of not less than:
1. General Uability:
- $3,OO,000 per occurrence for bodily Injury and property damage
$1=000 per occurrence for personal and advertising injury
$3,00,000 aggregate for products and completed operations
$3,000,000 general aggregate
2. Automobile liabilhy:
- 51,000,000 per accident for bodily Injury and property damage
3. Employer's Liability:
- $1,00,000 each accident for bodily Injury
- $1,000,000 disease each employee
- $1,OCQOW disease polirylimh
Umbrella or Excess Insurance
In the event USER purchases an Umbrella or Excess Insurance polmy(ies) to meet the "Minimum
Limits of Insurance/ this insurance policy(ies) shall 'follow form" and afford no less coverage
than the primary insurance policy(ies).
Deductlbles 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 seff-Insured
retentions. Any deductibles or self-insured retentions must be declared to, and approved by,
the CITWS Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or
his/her designee, either (1) the Insurer shall reduce or eliminate such deductibles or self -Insured
retentions as respects CITY, its officers, official, employees, agents and authorized volunteers;
or hi) USER shall provide a financial guarantee, satisfactory to OTWS Risk Manager or his/her
designee, guaranteeing payment of lasses 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. CIW, its officers, afficlals,employees, agents and volunteers are to be covered as
additional insureds.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its 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 into contain, or be endorsed to contain, the
following provision: USER and its Insurer shall waive any right of subrogation against Cify, hs
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 notice 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 limits, USER shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). in the event any policy Is due to expire during the work to
be performed for CRY, 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 competition)
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 certificates) and applicable endorsements effecting coverage
required hereunder. All certificates and applicable endorsements are to be received and
approved by the CITY'S Risk Manager. or his/her designee prior to CRY'S execution of the
Agreement and before work commences.
Exhibit C
SUMMARY OF REPORTING REQUIREMENTS
Quarterly:
1. Alocation-specific program calendar shall be submitted toCll and
continuously posted for public display at the center.
Semi -Annually:
1. Submit a report regarding performance of Programs offered at site.
Annually:
1. •A draft annual program plan for CUY's approval.
2, *An organizational chart with a list of staff employees bytitle.
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 quanthative reports of services
provided during the preceding year.
6. *Proof of Insurance as Set forth in Exhibit B.
As Modified:
1. 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 lean fifteen (15) days
prior to the Initiation of the program.
As Required
1. Staff shall attend meetings as required or requested by ClWor Director.
Note: Asterisk designates Items that are first due prior to Agreement commencement date.
m
�S�
++h�k���v Ir=�-
���`�'a�REPORT TOTHE CITYCOUNCIL AGENDA REM NO. /0t20dmA
COUNCIL MEETING 9/23110
a anmra I
l�
September 23, 2010
cm puuc
FROM: RANDALL L COOPER, Director
Parks, After School, Recreation and Community Saryass DepartrrleM
BY: PAULA. MELIKIAN, Administrstive Manager f^"-
KYLE S. JEFFCOACH, Community pacreatim Supernsor II
Pence, After School, Recreation and! Communly Services Department
APPROVAL OF A THREE-YEAR AGREEMENT WTTH MOUNTAIN VIEW
COMMUNITY CHURCH FOR LEAD AGENCY RESPONSIBILITY FOR RECREATION
PROGRAMS AT MELODY PARK NEIGHBORHOOD CENTER (DISTRICT 4)
RECOMMENDATIONS
Stall reCcnmerrds Vat me City Council approve the attached Agreement for lead agency opaation d a
r a ghbomooC renter with Mountain Yew Community Church for Melody Park Neighborhood Center.
EXECUTIVE SUMMARY
As of October 1, 2810 the City of Fresno PARCS Department will ra "er be able m fury recreational
pngams at 10 of the 17 City rei9hboM000 centers. These carters ahs. Einstein, Quigley, 0 Ca l
Plr eal Mary Ella Brown, Lafelata. Melody, Surest, Fink - While, and Highway City. As part of the Mayors
commitment to keeping the centers open, several community-based organizations (CBO) submiged
aWlicatims and were selected based on qualiticabons a operate several d the sere& that are sbiaduled to of
cased. The first murM d Mis process was taken no City Comdl on July 22, 2010, with a subsequent addition
d Pinedale NelghboM Center m September 16, 2010. Mountain Vow Cammuniy CWrah Is now ready a
be mattlad with Me" Neighborhood Comer
I he &gamed conned was seated by the City of Fraena for considemtlon and approval by Me City of Frerq
City Council. The contractual agreement far the lead agency would establish a threo-year commtireM wkh an
option In renew fm an emotional two years. The CBO will maintain and operate programs in the Wilding and
WIN have discratim to tooludate programs Mat are bosomed inside the lability. The buildings and green space d
the renter will remain tie respwfaiudiy d the PARCS Department for maintenance in a manner consistent with
the majority d other similar neighborhood Wits and comer fecilities. Enhanced maintenance requested by a
CBO above the Department's minimum levels of service ere sublets to available forging. The City will continua
W pay for gas, electricity, water, sewer, and garbage; however, d the monthly gas arcl elecMrity expense at
Me Curter exceeds 5.00%d the expense for the some month in Me prior Oral year, Me CBO will W required
at reimburse Me City for Me overage on a memory basis. The Department will continue to eke advantage of
opponumbes 0 implement energy conservation measures at the Centers as resources allow.
If a CBO wishes to conduct any religious, pdifical, or any Other activity outside the scope of services euMned M
Me agreement, gorse activities aro subject to e separate MMI agreement with the City. Almough infrequaM M
Meir occmenre, Me Department will retain Me right to make the Center available ler reservatlma, Wt only
alar cmfening with the CBO ten ensure MM Carter aCtivitias are rid div*W due a sthoo ling meads or
logistical obstacles.
Report d Me City Coundl
Community Brand Organization I.eed Operation of Gey Neighbomoo0 Comm - Melody Center
September23,2010
Page 2
BACKGROUND
In Amil a 2010, Me City of Fresno Produced a Request for Information (RFI) for CEO's to begin be
identification process for possible matches to apaaW me 10 neighborhood renters. The second group a RFI
submi0als was received in eat June, and a panel d community members was formed to frelp make
recommendations of all C W's Md met Me minimum quabfiostions. Based on Me recommendations a the
panel, one additional CBO vas selected to become Me bad agency at Ma Melody Neighborhood Center.
Upon Coursol approval of Mis Agreement PARCS is planing fo begin the occupancy transition starting
September 24. 2010. Dunng Mis transition Mousse PARCS sleff will remain at Me was until September 30,
2010 wTich is when Me 30120 Mohan is set to expire. This will alloe for a one-week trammibn period For to
incoming oWizations to wok With Department staff m develop rapport mint me community and participants.
As pan of Me quality control Morass. monthly meetings are required for the CBO's M meet mint Deparbrrem
staff to More programs and activities as wall as address any concerns Mat may have mean. This regular
communication meeting will ensure that Comers are being fully utilized and enhance Me pmgrems amody
beino offered.
RFI submittals were reviewed based upon Meir overall ability M pmvida for, at minimum, the cam program and
openational requirements of Me Center. Cm's were also evaluated by reviewing Meir cement operations,
indudtg number of employees, number of operable sites, years of service, key managemennoperational staff,
Meir qualifications and remnretior, and facility management history.
Minimum Operational R ts:
• Open/CloserSeare Fadlity
• Report suspicious w illegal behavior, gref a and vandalism
• Provide inlenorjanimnal s•rvire and maintenance
• Rept outude fadlity maintenanre needs to the City in a timely manner
The CM'S currant programs and services were alw evadalec, inducing number of pngmms and
partidpants, hours of alienation, ages served, years of service, qualifications and remfiufions of key
progremmatic staff, and pagnam paMerships and acwmpfishments.
Minimum Prommin Reasmiremeaft:
• Provide public access to the mothers Monday through Friday from 3 W p.m. M ➢90 p.m. with
recreational avcVor enrichment activities geared for schooFagec children horn be surrounding
neighborhoods offered dung Mow hours. Community partners must ensure the same or greater
levels of public access and recreationaVennchment activifes.
• Provide daily homework assistance ai computer lob scows.
• Continue partnership wtlM Frewo County EOC fo Pravde no -cost snacks ard/o lunch during extended
school breaks; I.e., wmmer ver'atgn, Miltee brook, (Sect Lunch Program)
• Provide a vanay Of indoo recreation activities; to. arts & craps, baam games, table games.
• Provide opportunibas for community service activities; e., neiphbotaod dean -up, adopt- paA, eic.
• Coordinate diverse alturaVholiday acEvities; i.e., Valentine's, EederSm ing, Ciro Oa Maya,
JummenM, pout of July, HalloweeNHervast, Thanksgiving and Winter Holiday neighborhood
Watmnons.
• Provide aasss for the PARCS Senior Ha Meals Program ff applicable at Ma Center.
Report b Ile City Counul
Community Based Organization Leap Cperatron of City Neighborhood Cement —Melody Center
Seplamber 23, 2010
Pegs 3
II be In regular contact addl PARCS stall via monthly meetings and arm inspections. In atltltgon, the
reporting will occur as blb
• A IOCAIK)"peCifiC p faro calender shall be submine l to City quarterly and congnuously posted W
public display er me Center.
• Submit a laNd semiannually regarding performance of Programs offered M the site.
• Annually, submit a tlrell annual prcgrem plan for City approval.
• Annually, submit an organizational chart with a list of SUIT employees by tile.
• Names and addresses a cunent members of the Roam of pirecWs.
• A CPA -compiled annual financial report iWudhp sources ot fundirq arm any constraints on receivable
or received heals.
• Proot Met Services are still available and quantitative reports M aervlCes Provided during Me year.
• Proal of Insurance.
• Provide City with job desc iptions of all volunteer and pa d positions.
• For all programs' for xfitoh a tae will be chargmd, CBO must submit a detailed des riplion of the
Program to the Oirectorat least 15 days poor to the initiation ot the pragmm.
Fal of the adeched Agreement will have no additional impact to me General Fund. Far
and fOldrlandsrape maintenance have been budgeted at minimum levels for all net
I FY 2011. As noted above, gas A electric expenses Inamed at Me Canters that are
anent levels vnll be nsmbursad to Me Cly.
as'
Attachment: Agreement with Mountain View Community Chetll for Leel OP HIMOn of Malady Center