HomeMy WebLinkAboutPlays and Grads Operation of Fink White Community Center/G Adak G
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AGREEMENT BETWEEN CITY OF FRESNO AND
PLAYS AND GRACES
gy FOR OPERATION OF A COMMUNITY CENTER
Ee This Agreement is made and entered into this 21st dry of0ctobeq 2030, by and
€$ between theCITYOF FRESNO,a municipal corporation ("CITY')aM PLAYS AND GRADFS,a
California nonprofitcorporetion ('USER').
RECITALS
A. City is the owner of the property located at 5355. TNnlry and commonly known
as the Funk White Community Center ('Centel').
B. Cr YS Director of Perini, After-school, Recreation and Community Services
('Director) (including Directo'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 nonprofit corporation to provide services and
opportunities for all ages with an emphasis on school age children.
D. USER has an objective of perking community services to the public.
E. CITY and USER desire to enter Into an Agreement o operate theCenter,
pursuant to the terms hereof.
F. The right to use and operate the Center without payment of full fair market
value rem conveys a valuable benci t. CITY Intends to grant use of certain recreational
fadlities, 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 Cn Ys Parks, After-
school, Recreation and Community Services Department ('PARCS') mission of creating
community through people, packs, and programs by enriching the lives of Fresno citizens
through investment In park and open spaces for recreation, and providing diverse opportunities
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 I. TERM OF AGREEMENTAND CONDITIONS PRECEDENT.
This Agreement shall be for a term commencing on October 21, 2010, and expiring no later
than lune 30,2011, unless sooner terminated pursuant to the provisions of this Agreement. At
las election. CITY may extend this Agreement by graining up to two (2) one-year extensions to
USER, subject to CITY's avallabie funding. 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.
SECTION 2. CIWS OUTSOURCING POLICY
A. The CemerwasconRroctedtopm eCommunityS mlms. This Agreementgnnts
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 Ne minimum
level of Community Services and programs to the CITY and the community Is a
material provision&this Agreement. USER understands that CITY B relying upon
USER actually delivering the program of Community Services as contained within,
and during hours of operations Nat are comparable to, those currently operated by
the CITY.
R. USER acknowledges and agrees that any religlom, 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 PARCS.
C. Although infrequent In their occurrence, from time to time, CITY may receive
requests from the public to rent the Career for an evert. The CITY nmains 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
Iogistial oMtacles. Any third parry otherthan CITY or USER that wishes to rent the
Center mug do so pursuant to a rental agreement with the CITY.
SER0143. CONTRACTCOMPLIANCE AND MONITORING.
A. USER shall be subject to the standards M performance as set forth in this Agreement.
USER shall submit semlannual reports regarding USER's performance of the Program
and other requirements necessary for CITY to monitor revew 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 ofRecords. USER shall preserve and make available Its records:
1. For the Period p1four(4) wan from the date of termination or expiration
of this Agreement; or
I. For such longer Period, if any, as may be 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 wish respect to all matters covered by this
Agreement. USER also agrees that he CITY, or any of Rs authorized
representatives shall have the right to audit, examine, add 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 class relating to miners covered by this
Agreement. CITY may examine records pursuant to this Section throughout the
term of this Agreement and
I. For a Period offour )4)years after termination or expiration&this
Agreement; or,
11. For such longer period as may be required by applicable law, or
III. If the Agreement is completely or partially terminated, fora period of
four (4) years from the date of any resulting settlement.
C. CITY Audits. The CIT 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 home by the CITY, unless the audit has been inhiated by CITY in response to a
default hereunder by USER, in which event USER shall be responsible for such audit cost.
SECOION4. PROGRAMCOORDINAMON.
A. Prior to the Effective Date of this Agreement, and each year thereafter duriill the term
of this Agreement, USER shall provide COY with a draft annual program plan for CITY's
approval. Upon approval of the annual program by the CIT', USER (or USER's approved
subcontractors) shall offer the Community Services described In the Prol am to the
public In accordance with the approved written plan.
B. USER shall comply with the requirement that the Center shall be made available for the
PARES Senior Hot Meals Program if applicable, and Fresno County EOC Sack Lunch
program to provide no -cost snacks and/or lunch during extended school breaks, at o0
cost, and the USER shall cooperate with the provider of those programs.
C. USER represents that USER shall employ, at Its 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 ClTYwhh the contact Information for USER's Program
Director upon execution of this Agreement. Should circumstances at Conditions
subsequent to the execution of this Agreement require a substitute Program Director,
USER shall notify the CITY immediately of such occurrence. pray change in Program
Director will lx subject to approval by the CM. USER's staff shall cooperate fully with
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the CITY with respect to all matters related to this Agreement.
U. USER'sstaf shall attend meetings as required or requested by CITY or Director, which
except In uses of emergency, shall be scheduled wtth reasonable rwtice.
E. The parties agree that USER shall be solely responsible for the recruitment, Wining,
supervislon and compensation of USER's employees, including Program employees. The
parties further agree that USER shall be solely respomible for the recruitment, training
and supervision of volunteers to assist in the operation of Center or the Program.
F. USER may contract wish third -party non-profit organizations to provide programming at
the Center, however, any such contract shall he subject to advance review and approval
by C".
ielPl:4]tsl]i:L51 1za6,tl
A. CITY grants permission to USER to conduct the Program during the term of the
Agreement, and pursuant to the terms &this Agreement. The use of the Center by
USER shall nut 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 purpme rot Inconsistent with
USER'sobligatlunshereunder. USER shall not pay facility use fees to CITYfor USEKs
Community Service Program atthtties which love 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 acuss to the outdoor spaces arouM the
Center, however, sold reservations made through the CUy for the use of the outdoor
spaces shall be given first pnorr y.
B. Minimum Hoursof Operation. USERshalloperetethe Centerataminimumev
Monday through Friday from 3= P.M. to J:Do p.m. with recreational and/or
enrichment activities geared toward school aged children from the surrounding
neighborhoods offered during those hours.
G Aloration-specifc program calendar shall be submitted to CIT/ on a quarterly basis and
continuously posted for public display at the Center.
0. Minimum Programming Requirements. USER shall, 9 a minimum, provide the
following:
1. Provide dally 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 activHles,e.g.,neighborhood clean-
up, adopt-a,park, etc.
6. Coordinate diverse cultural/holiday activities, e.g., Valentine's, Easter/Spring,
Cinco de Mayo, Juceteenth, Fourth of July, Halloween/Harvest, ThanksgMng and
Winter Holiday Fwighborlood celebrations.
5. Pmylde access for PARCS Senior Hot Meals Program, If applicable.
G. Continue partrrership with Fresno County EOC to provide no -cost snacks and/or
lunch during extended school breaks (Sack Winch Program).
E. USER shall report a rry 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 CITY's
policies and procedures for facility operation, including without limitation,
nondiscrimination practices and procedures.
G. USER's operational obligation shall include reasonable staffing of the Center and
running the Community Service Programs Ina manner satisfactory to CITY.
USER agrees that a minimum of two (3) staffmembers shall be on the Center premises
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during all hours of operation.
H. USER agrees that any and all personnel, either paid or volunteer, wham USER utllites in
conducting the Program shall be qualified to perform the duties assigned to than. USER
shall provide CITY with job descdptlons of all volunteer and paid positions. All Center
personnel shall be neadVattmed and shall conduct themselves mall times Ina
courteous and businesslike manner.
I. USER understands and agrees that the permission gramed herein by the City to USER to
use and occupy the center is contingent upon the Center being CITYawned 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 rause or if CITY
terminates for atry 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 a terminated for any reason.
J. While It is anticipatedthat USER may apply for grants hem vxrmus sources to assist In
running USER's programs, nothing herein obligates the CITY to provide arty funding to
USER in the operation of any program within the Center. Furthermore, nothing herein
grant; USER any priority or special consideration from the CITY when the CITY Is
considering the distribution of grant funding to nonprofits and similar entities.
I[ No fees may be one Ned for the Minimum Program Requirements set forth in Paragraph
C of this Section. USER may charge fees for W rticlpation In approved Community
Serving programming beyond the Minimum Program Requirements. Forall pragrams
for which a fee will be charged, USER must submit a detailed description of the program
to the Director at least fifteen 1151 days prior o the initiation tithe program. CITY
reserves the right to disallow any fees assessed for partklpation 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 publk to the Center. CITY approval maybe
contingent upon USER providing appropriate servkes needed to adequately support the
event. Proceeds from fundraising activities most have a direct correlation to USER
operations at the Center. USER must contact the Director prbr to any outdoor event to
ensure that the outdoorspare is not already reserved by another group or organization.
No alcoholic beverages will be allowed on premises.
SECTION g. INVENTORY AND USE OF EQUIPMENT. CITY may agree to make avaiWble to
USER, at CITY's sob discretion, certain CITY -owned equipment and furnishings for USER's use in
the conduct of the program. An Inventory of such CITY -owned equipment and Furnishings In
the Center as ache effective date ofthis Agreement Ja Mcluded In Exhibit A. USERagreesto
maintain all CIT' equipment and fumishings applicable to this provision In good cone ltbn am
sate working order, and m 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 &this agreement is not permissible..
SECTION]. UTIUTIES.
A. CITU will pay for Des, elx ty, weer, sewer, Arid p rWge, however, H the monthly gas
and eleUrXdty expense at Me Center exceeds; 5.010 the expense for Me same monN
In the prior focal year, USER will be required to reimburse the City for Me overage on a
quarterly basis. CIW will condrme to take advantage d appwtunlgaa b Implement
energy cone enarion measures at tra Cerner as resources allow.
B. CAV agrees to provide notable garbage and refuse containers at the Center for the
deposit of refuse collection services.
SECTION 8. MAINTENANCE AND REPAIR,
A. USER shall provide routine janitorial maintenance and repair ofthe Center necessary
through reasonable wear and tear; which Includes, at a minimum, spm vacuuming,
mopping,andrestroomservice. Routine repairs that are the result of normal wear and
tear on the facility will also be the responsibility of USER.
B. CITY shall he 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 r the surrounding
grounds, including electdol, gas or plumbing equipment or Whiles. If USER desires to
alter, modify, change or Metals any utility, equipment or facilities or of any part or
Portion of the Center, such action shall be subject to the prior approval of CM 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 thisAgreement. Any malmenaMe ar repairsrequired as a
result of misuse or negligence of USER (Including USER's agents, subcordraccors,
invitees, and employees) shall be corrected within thirty 130)days by USER. USER may
make arrangements for CITY to make necessary repairs at USER's sok cost 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 ff the CITY determines that met
tempororiN she down the Center to perform major system repairs.
F. CITY shall be responsible forstretural, equipment repair and other long tern capital
repairs of the Center, except to the extent such repair may becaused 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 consistent with the majority of other
similar C"community unterfacili ies. Enhanced maintenance requested by USER
above the CITY's minimum levels of service are subject to CITY's approval.
G. No alterations or improvements, including capital improvements and installations of
additional phone lines, TI lines, electrical lines, security systems, or changing of locks
and keys, shall be made to the CENTER without the CITY's prorwritten approval. lithe
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. 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 IO. REPORTING REQUIREMENTS. User shall be subject to the reporting requirements
set forth in Exhibit C attached hereto.
SECNONII. INDEPENDENT CONTRACTOR. The parties mutually agree that USER and Its
employees are and shall be at all times independent contractors and not agents oremploYees
of the CITY, and that USER and its employees shall nat be entitled to any salary, fringe benefits,
perelon, Workers Compensation, sick leave, insurance, or any other benefit or right connected
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with employment by the CITY, or arty compensation other than as prescribed herein aM USER
expressly walves arty claim it may have to such rights.
SECTION U. LICENSE RIGHTS/NOTA LEASE. The rights granted to USER under this Agreement
are non-exclusive license rights only and in n0 respect shall the same constitute or be construed
as an assignment of a leasehold or other Interest In the property described in the Agreement.
SECTI0N n. ASSIGNMENT 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 Cry's sole discretion.
SECTION 14. NONDISCRIMINATION. In the performance ofthis 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, Wool or perceived gender identity, disability, ethnkdy, or national origin, in
connection with or related to the performance of this Agreement.
SECTIONIS. COMPLIANCEWITHIAWS/BACRGROUNDCHECg/REMUOFCHIIDABUSE.
A. USER shall comply with all applicable laves. 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.
C. Without limitation of any other provision herein, A the services provided hereunder (l)
involve direct contact with minors or'd minors are supervised as part of the services
provided hereunder, or (ii) 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 t0 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
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Cade 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 IBted in California Penal Code Section 11105.3,
which include, certain offenses related to the possession or use of controlled
substances, sex offenses or any criminal offense involving vlolence.
D. USER shall comply with the provisions of the Child Abuse and Neglect Reporting Act,
California Penal Code Section 1116,1 at seq.
E. USER shall request subsequent arrest service from the Department oflusoce as
provided under Section 11105.1 of the Penal Code.
F. No person whether paid or not pald by USER shall be permitted to provide services
described in this Agreement unless, prior to commencing services hereunder, USER shall
deliver a letter to CDY 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 far each of the named persons is current and
In compliance with this provision.
SECTION 16. WAIVER OF CLAIMS.USER, as material part of the consideration to be
rendered to COY under this Agreement, hereby wakes all claims or causes of action against the
CFTY, 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
muse orauses arising at anytime. In particular, but rot by way of limitation, USER hereby
waives any and all claims or causes of action which USER may now or hereafter have against the
CFEY, It 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
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of building In which Center Is located, and (b) for any loss or damage to the property cd, or
injury or damage to USER, USER's officers, employees, or agents, from any cause or causes
arising at anytime because of USER's use or occupancy, of the Center or any portion of building
In which Center is located.
SERION 17. INDEMNIFIUIhON AND HOW HARMUEM. 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, 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 clams,
demands and actions in law or equity (including attom sy's hes and litigation expenses), arising
or alleged to have arisen directly or indirectly out of performance of this Agreement. USER'S
obligations under the preceding semence shall apply regardless of whether CITY or any of Its
officers, officals, employees, agents or volunteers are negligent, but shall mt apply to any loss,
liability, fines, penal ies, forfeRures, costs or damages caused solely by the gross negligence, or
caused by the willful misconduct, M CITY or any of its officers, officials, employees, agents or
authomedvahmeners.
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 for and maintain in full force 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.
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If at any time during the life of the Agreement or any extension, USER or any of its
subcontractors fall to maimain 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 stolon shall In airy way relieve USER m its responsibilities under
this Agreement The phrase 'fait to maintain any required Insurance' shall include, without
limitation, notification recet ed by CITY that an Insurer has commenced proceedings, or has had
proceedings commenced against it indicating that the Imurer Is Insolvent.
The fact that Insurance is obtained by USER shall rat be deemed to release or diminish the
liability of USER, including, without limitation, liability under the indemnity provisions m this
Agreement The duty to indemnify CITY shall apply to all claims and liability regardless m
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, nt
principals, officers, agents, employees, persons under the supervision of USER, vendors,
suppliers, invitees, USERS, subUSERs, 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 sury ayiration 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. COMVUANCE 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
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operation of the Program, Including but not limited to, laws, regulations and rules applicable to
health, safety and equal opportunity employment.
SEUION20. POSSESSORYINTERESTTAIL USER understands and agrees that his 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.
SECTION22. EFFECTOFWAIVER. Tbewaiverby ClWofanybreachdanyterm,covenantor
condition of this Agreement shall not be deemed a waiverof such term, covenant or condition
of waiver Jany subsequent breach of such term, covenant or condition. The consent or
approval by CITY to or of any ad by USER requiring CM's approval or consent shall not be
deemed to waive provisions for CITY's approval or consent to any such subsequent alts by
USER.
SECTION23. AUTOMATIC TERMI NATION. The right of USER to use the Center described
berem shall ba automatically terminated without notice on the occurrence Jany one dthe
following conditions subsequent, in which event USER shall forthwith and without demand by
the CITY, surrender the Center without delay.
A. The appointment da recelverto take possession of all or substantially all of the assets
of USER;
B. A general assignment by USER for the berreRt of creditors;
C. Any action taken or suffered by USER under any insolvency or bankruptcy ad;
D. The suspension, revocation or lapse of USER's ronprofd incorporated status; or
IS
E. Failure to comply with any material term of any otheragreement between USER and
CITY, including without limitation, any grant agreement.
SEMON2/. ElECTIVETERMINAMON. This Agreement maybe terminated by either parry 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 (W) days after defivery of notice is given pursuant to
Section 28.
SECTION 25. The parties acknowledge that CITY may terminate this Agreement under this
Provision without cause, mtwithstanding USER's compliance with the terms of this Agreement
including payment of utilities, delivery of reports and program services. The Director is
auehodzed to decide, on the part of the CITY, that this Agreement is to be terminated and to
furnish written ratite 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 arty other right It may
have at Nw 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 (7) days to correct the default.
SECOON27. SURRENDERONTERMINATION. Onthelastdayorthesoonerterminatlanofthe
term of this Agreement, USER shall quit and surrender Center in goad condition and repair
(reasonable use and wear and tear, and damage or deterioration caused by the elements,
earthquake, Ramo 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 abandormcl by USER.
SECTION 29. NOTICES AND REPRESENTATIVES. All notices required or permttted to be given
undermis Agreement shall be in writing and personally delivered or sent by US. Mail, postage
prepaid, addressed as follows:
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CITY USER
Director, Fresno PARCS CEO, Plays and Grades
Dickey youth Development Center 18MOBrymer St
1515 E. Divisadero St.
Fresno, CA 93721 Porter Ranch, CA 91326
The partles may change their resyecove addresses for purposes of delivering notices by sending
notice of such change pursuant to this Section.
SECFION29. CONFIICT0FINTEREST. USER shall avoid all can0ict of interest orappearence of
cenflkt of interest In performance of this Agreement. USER Is familiar with conFllct law
Provisions set forth In California Government Code Sections 87300 et seq. and Government
Code Section 1(190. USER certgsesthat it does not knew of anyfacts which constitute a
violation of such section. USER furthercertifres that it shall not assign any personnel m provide
services under this Agreement which would be cause fora violation of any mnfiltt of Interest
law.
SECTI0N30. MISCEWNEOOS 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 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 aM shall net be
used In as 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.
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O. This Agreement may only be amended by formal written agreement executed by both
Parties.
E. If a court of competent)unsdiction adjudges any provision of this Agreement as vold at
unenfmceaW, the remaining provlsmis shall not be affected hereby and shall remain in
full force and effect.
THE REST OF THIS PAGE 151NTE"ONALLY LEFT BUNK.
SIGNATURES APPEAR ON NM PAGE.
is
N WITNESS WHEREOF, The parties hereby execute this Agreement as Of the day and year
hereinabove written.
USER:
Plays and Grades
AC Rfwnla Nonprofit Corporation
B
nnsffloards, CEO
Plays and Grades
Date
ay
fR i
ORT:
CM OF FRESNO
a MunidpRl OxFoation
By .�,01;
II Cooper, OHttror
Fresno PARC$
ATT .
REBECCA KNSCH
City aer d �GEg1nAlJ�'ti`^
L-(3RDL,aYbWEIE.
APPROVED AS TO FORM:
MINCHEZ
RY K..-v�'...1
Exhibit A - Facility Inventory
Exhibit B- Insurance Requirements
Exhibit C -Summary of Reporting Requirements
a/5110
E%HIBITA
FACILITY INVENTORY
Fink White Inventory
REM
QTY
rim!
QTY
Pool Tables
2
Monitors
4
Pool Stic
2
Stove
1
Pool Ball Sets
1
Refrigerator
1
Foosbill Tab@
1
lab Benches
3
Ping Pong Table
I
Desk
I
Ping Pang Paddles
4
Printer
1
Keyboards
4
WTables
3
Hard Drives
4
Chairs
6
Moose
4
EXHIBITS
INSURANCE REQUIREMENTS
Agreement between Ory of Fresno
and Plays and Grades
Operation of Neiehbmhood Center
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most 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 opeations, and
contractual lability.
1. The most current version of Insurance Service Office (ISO) Business Amo
Coverage Form CA 0001, which shall Include coverage for all owned, hired, and
ran -owned automobiles or other It erred vehicles (Code 1 -Any Amo).
3. Woikeri Compensation insurance as required by the California labor Code and
Employers Uabildy Insurance.
Minimum Units of Insurance
USER shall maintain limits of liability of not less than:
1. General Uability:
$3,000,000 per occurrence for bodily injury and property damage
$1,1100,000 peroccurrence for personal and advertising injury
$3,000,000 aggregate for products and completed operations
$3,000,11JO general aggregate
2. Automobile Liability:
$1,Doo,tDo peraccidem for bodily injury and property damage
3. Employers Liability:
$1,",o(K)each accident for bodily injury
$1,ddd,1)(Ddlsease each employee
$1,Of CKIC) disease policy limit
Umbrella or Excess Insurance
In the event USER purchases an Umbrella or Excess insurance policyQesl to meet the -Minimum
Limits of Insurance,' this insurance polay(ies) shall 'follow form' and afford no less coverage
than the primary Insurance policylles).
Deductibles and SeNnsured Reterrtlnns
USER shall be responsible for payment of any deductibles contained in arty insurance polices
required hereunder and USER shall also be responsible for payment of any self-insured
mentions. Any deductibles or sell -insured retentions must be declared to, and approved by,
the CRY'S Risk Manager or his/her designee. At the option of the CR S Risk Manager or
his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or seg -insured
retentions as respects CRY, its officers, officials, employees, agents and authorized volunteers;
or (fil) USER shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her
designee, guaranteeing payment of losses and related investigations, claim administration and
defame expenses. At no time shall CITY be responsible forthe payment of any deductibles or
seg -Insured retentions.
Dther Insurance larovblons
TheGeneral Uabiiitv and Automobile Uab'Igv'nsurance policies am 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.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers.
3. USERS insurance coverage shall be primary and no contribution shall be
required of CITY.
The Workers' Compensation 'murence polio is to contain, or be endorsed to contain, the
following provision: USER ane its insurer shall wane any right of submgation against CITY, Re
officers, officials, employees, agents and authorized volunteers.
All policies of insurance required hereunder shall b i endorsed to provlde 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 covemge or n limits, USER shall furnish CITY with a new certificate and applicable
endorsements for such polkyQes). 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 0 Insurers
All policies of insurance required hereunder shall be placed with an Insurance comparrylles)
admitted by the California Insum nce Commissioner to do business in the State of California and
rated not less than -A-VII' in Bests Insurance Rating Goble; or authorized! by CITY'S Risk
Manager.
Verification of Coverage
USER shall furnish CRY with all certificate(s) and applicable endorsements effecting coverage
required hereunder. All certificates and applicable endorsements are to be received and
approved by the Ctly'S Risk Manager or his/her designee prior to CITYS execution of the
Agreement and before work commences.
EahibRC
SUMMARY OF REPORTING REQUIREMEN
Quarterly:
L A location -specific 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 site.
Annually:
1. •A draft annual program plan for CITY's approval.
i. *An organizational chart with a list of staff employees by [Ne.
3. *Names and addresses of current members of the Board of Directors.
14.,' •A CPA Compiled annual financial report Including sources of funding and
any constraints on receivable or received funtls, r f
S. Proof that services are still available and quantitative reports ofservices
provide idudngthe precedingyear.
"Proof of Insurance as set Porth In UhibR B.
As Modified:
1. Provide CRY with job descriptions of all volunteer and paid positions.
1. Forall prugramsforwhich afee will becharged, USER mustsubmta
detailed description of the program tothe Director at least fifteen )1S) days
prior to Me initiation of the program.
As Required:
1. Staff shall attend meetings as required or requested by CITY or Director.
Note: Asterisk designates hems that are first due prior to Agreement commencement date.
REPORT TO THE CITYCOUNCIL
PyMnnM belbpo m,A
n.m oar /o
nor im
October 21, 2010
AGENDA ITEM NO. 10:30am 8
COUNCIL MEETING 10Y21/10
�Ppla;Ylp BY
Gj--
fl
CITYMVIME 0�
FROM: RANDALL L. COOPER, Director
Paha, After School, Recreation and Community Services Department
BY: PgUL A. MELIKIAN. Administrative ManagerrH.{/
C,/J✓KYLE S. JEFFCOACH, Community RecreatiBnno pemsor II
Parks, After School, Recreation and Community Services Department
SUBJECT: (1) APPROVAL OF A THREE- YEAR AGREEMENT WITH WESLEY METHODIST CHURCH
FOR LEAD AGENCY RESPONSISILTY FOR RECREATIONAL PROGRAMMING AT EL
DORADO NEIGHBORHOOD PARK
(2) APPROVAL OF A ONE-YEAR AGREEMENT WITH PLAYS AND GRADES FOR
SECONDARY AGENCY RESPONSIBILITY FOR RECREATIONAL PROGRAMMING AT
FINK WHITE PARK NEIGHBORHOOD CENTER
RECOMMENDATIONS
Staff recommends that the City Council approve me attr¢hact agreements with (1) Wesley Methodist Church
for lead agency operation of EI Dorado Park Neighborhood Center and (2) Plays and Grades for secondary
agency operation of Fink -While Pah Neighborhood Center.
EXECUTIVE SUMMARY
As of October 1, 2010 Ne City of Fresno PARCS Department was no longer able to fund recreational
programs at 10 of Me iT City neighborhood centers. Thane centers are: Einstein, Quigley, El Dorado,
Pinel Mary Ella Brown, Lafayette, Mainly, Sunset, Fink White, and Highway City As part of the Mayor's
commitment to keeping the canters open, several community-based organ peons (CBOs) submitted
applications and were selected aspect on qualRlrations to operate several of the sites that are scheduled to be
closed. Currently we have approved contracts for five of the neighborhood centers; Lalayetle, Mary Ella
Brown, Einstein, Pinedale, and Melody. Two more are ready for Council approval; EI Dorado - Wesley
Methodist Church (Lead Agency) and Fink White - Pays and Grades (secondary agency).
The contract term for all lead agencies is a three-yner commitment with an option to renew for an addl0an r
two years- The contract term for the secondary agency (Plays & Grades) would establish a me -year
commitment with an option to renew for an additional two years. The CBO's will maintain and operate
programs in the buildings and will have discretion to facilitate programs that are operated inside the fadlity.
The buildings and green space of all centers will remain the responsibility of the PARCS Deparbnent for
maintenance in a manner consistent with the majonty of other similar neighborhood parks and centerfainlities.
Enhanced maintenance requested by a CBO above the Department's minimum levels of service are subject to
available funding. The City will continue to pay for gas, elecMdty, water, sewer, and garbage: however, H the
monthly gas end elechicity expense at the Center exceeds 5.00% of the expense for the same month in the
prior fiscal year, the CBO will be required to reimburse the City for the overage on a quarterly basis. The
Department will continue to take advantage of opportunities to implement energy conservation measures at the
Canters as resources allow.
Report M the City Council
CBO —EI Dorado & Fink White
October 21. 2010
Page 2
If a CBO wishes to conduct any religious, political, or any other activity actions the scope of empress previded
outlined in the agreement, those activities are subject to a separate rental agreement with the City. Although
Infrequent in their occurrence, Me Department will retain Me rlgM to make the Center available for
reservations, but only after conferring with the CBO b ensure that Center activities are not disrupted due to
scheduling conflicts or logistical obstacles.
The purpose of bringing Me secondary agency on at Fink-White is to prepare them to eventually became a
Wit operation agency. While Plays and Grades did meet the minimum requirements to operate as a lead
agency, we recommend May work under the tutelage of PARCS slat( to prove Mat they are capable of
becoming a lead agency. It Is our goal that after a year Plays and Grades will be able to take over as Me lead
operational agency at Fink-While. Plays and Grades will be working directly with City of Fresno PARCS staff to
operate a joint `drop in° recreation program. Funding for Me PARCS staff Is Me result of a grant tram AT&T
which Council is being asked M approve appropriations for under a separate item.
BACKGROUND
In April of 2010, the City of Fresno produced a Request for Information (FIR) for CBOs to begin the
identification process for possible matches to operate the 10 neighborhood centers. The second group a RFI
submittals wasreceived in early June, and a panel of community members was formed to help make
recommendations of all CBOs that met the minimum qualifications. Based on Me recommendations of Me
Panel, CBOs were selected to became the lead agency alb Doable and a secondary agency for Fink-White:
PARCS is planning to begin the occupancy, tansition sorting October 22, 2010. This will allow for a transition
period for the incoming organizations to work with Department staff to develop rapport with the community and
Participants. As part of Me quality control process, monMly meetings are required for Me CROS to meal with
Department staff to share programs and activities as well as address any cancems that may have risen. This
regular communication meeting will ensure Mat Centers are being fully u0lized and enhance the programs
currently being offered.
RFI submittals were reviewed based upon their overall ability to provide for at minimum. Me core program and
operational requirements of the center. CBOs were also evaluated by reviewing Meir current operetians,
including number of employees, number of operable sites, years of service, key management/operational staff,
their qualffiCEI ons and certifications, and facility management history.
Minimum Operations Resuireammuc
Open/Close/Secure Facility
Reporting of suspicious or Illegal behavior, gaffill and vandalism
• Provide intenorjannonal service and maintenance
• Reporting of outside facility maintenance needs to Me City Ina timely manner
The CBI current programs and sendoes were also evaluated, including number of programs and participants,
hours of operation, ages served, years of services, qualifications and certdlwtions of key programmatic staff,
aM program partnerships and accomplishments.
Minimum Pearson Requirements:
• Provide public access to Me declines Monday through Friday from 3:00 tu 7:00 p.m. with recreational
andlor enrichment activities geared for school -aged children from the surrounding neighborhoods
offered during those hours. Community partners must ensure the same or greater levels of public
access and moreationallenrichment activities.
• Provide dally homework assistance and/or computer lab access.
2
Report to the Clry Council
CBO— EI Dorado & Fink White
October 21. 2010
Page 3
• Continue partnership with Fresno County EOC to provide no -cost snacks and/or lunch during extended
school breaks, i.e. summer vacation, winter break. (Sack Lunch Program),
• Provide a variety of indoor recreation activities, le. she & crafts, board games, table games.
• Provide opportunities for community larvae act'wi0es. I.e. neighborhood clean-up, adopt -a -park, etc.
• Coordinate diverse cultural/holiday activities, i.e. Valentines, Easter/Spring, Cinco De Maya,
Juneteenth, Fourth of July HelloweerdHarvest, Thanksgiving and Winter Holiday neighborhood
celebrations.
• Provide access for the PARCS Senior Hotmeals Program If applicable at the Center.
staff via monthly meetings and site inspections. In addition the
Quartan:
1.
A location specific program calendar shall be submitted to City and continuously posted for
public display at the Center.
SemtAnnually:
1.
Submit a report regarding performance Of Programs offered at the site.
Annually'
1.
A draft annual program plan for City approval.
2.
An organizational chant 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.
5.
Proof that services are still available and quantitative reports of services provided during
me preceding year.
6.
Proof of Insurance as set forth in Exhibit B.
As Modified:
1.
PmAde City with jab descriptions of all volunteer and paid positions.
2.
For all Programs for which a fee will be charged, CBO must submit a detailed description of
the program to the Director at least fifteen (15) days poor to the Initiatlon of the program.
FISCALIMPACT
Approval of the
attached Agreements Will have: no additional impact to the General Fund. Facility
maintenance, utilities,
and fieltl/lentlswpe maintenance have been budgeted at minimum levels for gul
neighborhood center
sites in FY 2011 and the staff for the Fink White Neighborhood Center is paid for by a
grant from AT&T.
As noted above, gas & electric expenses incurred at the Centers that ere mare than 5.00%
above current levels will be reimbursed to the City.
161]90
Agreement with Wesley Methodist Church for Lead Agency Operation of EI Correct Center
Agreement with Plays and Grades for Secondary Agency Operation of Fink -White Center