HomeMy WebLinkAboutReading and Beyond Operation of Mosqueda Community CenterAGREEMENT BETWEEN CITY OF FRESNO AND
READING AND BEYOND
FOR LEAD AGENCY OPERATION OF MOSOUEDA COMMUNITY CENTER
This Agreement Is made and entered Into this Pi= day of April, 3011, by and between
the CITY OF FRESNO, a municipal corporation ("CITY") and READING AND BEYOND, a California
nonprofit corporation)"USER").
RECITALS
A. CITY Is the owner of the property located at 4590 E Buller and commonly known
as. the Mosqueda Community Center ("center").
B. CITY's Director of Parks, After-school, Recreation and Community Services
("Orector) (including Directors 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 aged children.
D. USER has an objective of providing community services to the public.
E, CITY and USER desire to enter into an Agreement to operate the Center,
pursuant to the terms hereof.
F, The right to use and operate the Center without Payment of full fair market
value rent conveys a valuable benefit. COY intends to grant use of certain recreattonal
facilities, such as the Center, to nonprofits on the condition that the USERS will provide a
minimum amount of 'Community Services" "CommunRy Services" is broadly defined as
including programs, services and activities that are consistent with the CITYs Parks, After
school, Recreation and Community Services Department ("PARCS") mission of creating
community' through people, parks, and programs by enriching the lives of Fresno Citizens
through investment in park and open spaces for recreation, and providing diverse opportunities
for human development and social Interaction.
In light of the foregoing, the parties hereto do hereby agree as follows:
AGREEMENT
SECTION I. TERM OF AGREEMENT.
This Agreement shall. be for a term commencing on June 1, 3011, and expiring no later than
May 31, 3016 unless sooner terminated pursuant to the provisions of this Agreement. CITY
may extend this Agreement by granting up to two lad one- year extensions to USER. This
Agreement may be terminated by the CITY or USER at any time and upon ninety )90) days prior
written notice to the other parry, as further provided herein. Regardless of the date of
execution of this Agreement, the effective date shall be June 1, 2011.
SECTION I. CITYS OUTSOURCING POLICY
A. The Center was constructed to provide Community Services. This Agreement grana
certain use and operation of the Center without paymentof facility use fees. In
exchange for the authority to use and operate the Center asset forth herein, USER
agrees to provide, at a minimum, the Community Services idendffed 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 that CITY is relying upon
USER actually delivering the program of Community Services as contained within,
and during hours of operations that are comparable to those currently operated by
the CITY.
B. USER acknowledges and agrees that any religious or political activity is subjeatoa
separate rental agreement to be executed by USER and PARCS.
C. Clry may receive requests from the public to rent he Center for an event. The COW
shall refer any such requests to USER. Any third party other than Cfry that wishes to.
rent the Center must do so pursuant to a rental agreement with the USER. USER
shall be entitled to collect and retain reservation revenue associated with
reservation activity to cover facility costs and event staffing, USER acknowledges
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that no alcoholic beverages shall be sold, served or furnished during the rental of the
Center.
D. USER agrees to make a good faith effortto accommodate existing use ofCenter
social hall by Hula Ohana of Fresno and Police Activities League. Both groups
currently do not pay for use of the facility.
SECTION 3. CONTRACT COMPLIANCE AND MONITORING,
A. USER shall he subject tothe 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 forth approved by the CITY.
B. Records, Reports and Audit of USER:
a. Preservation of Records. USER shall preserve and make available its records
I. For the period of four (4) years from the date of termination orexpiration
of this Agreement; or
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 with respect to all matters covered by this
Agreement. USER also agrees that the CITY, or any at 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. paYroRs, 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
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I. For a period of four (4) Wars after termination or expiration of this
Agreement; or,
if For such longer period as may be required by applicable law; or
lil. If this Agreement Is completely or partially terminated, for a period of
four (4) years from the date of any resulting settlement.
C. CRY Aud'Rs. The CITY may perform an independent audit. Such audits may cover
programmers as well as fiscal matters. USER will be afforded an opportunity to respond to
any audit findings, and have the responses included in the final audit report. Costs of such
audits will be borne by the CITY, unless the audit has been Initiated by CITY in response to a
default hereunder by USER, In which event USER shall be responsible for such audit cog.
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 COY, USER (or USER's approved
subcontractors) shall offer the Community Services described In the Program to the
public In accordance with the approved written plan.
B. USER shall comply with the requirement that the Center shall be made available for the
PARCS Senior Not Meals Program ff applicable, and Fresno County FOC Sack Lunch
program to provide no -cost snacks and/or lunch during extended school breaks, at no
cart, 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 ClTywith 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
the CITY with respect to all matters related to this Agreement.
U. USER's 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 tenter or the Program.
F. USER may contra" with thirdl organizations to provide programming at the
Center; however, any such contract shall be subject to advance review and approval by
City. Subsequent changes and amendments to such contracts shall also be subject to
advance review and approval by CITY.
SECTION S. 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 obllgailons hereunder. USER acknowledges that the Center is one component at
the Mosqueda site, and other groups having existing leases or licenses at the Mosqueda
site, USER agrees to take reasonable efforts to minimize any disturbance to the
operation and/or other uses of the Mosqueda site by CITY, other lessees or licensees,
and the public. USER shall not pay facility use fees to OW for USER's Community
Serra Program activities which have been expressly approved by CITY, subject to the
provisions of this Agreement, provided that other costs and charges as set forth herein,
may apply. USER shall have access to the outdoor spaces around the Center; however,
paid reservations made through the CITY far the use of the outdoor spaces shall be
given first priority,
0. Minimum Hours of Operation. USER shall operate the Center at a minimum every
Monday through Friday from 3:W p.m. to 2:Oo p.m. with recreational and/or
enrichment activities geared toward school aged children from the surrounding
neighborhoods offered during those hours.
C Alocabnn-specific program calendar shall be submitted to CITY an a quarterly basis and
continuously posted for public display at the Center.
0. Minimum Programming Requirements. USER shall, at a minimum, provide the
following:
1. Provide daily homework assistance and/or computer lab access.
2. Provide a variety of indoor recreation activitles, e.g., arts and crafts, board
games, table games.
3. Provide opportunities for community service activities, e.g.,neighborhood clean
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up, adopt -a-park, etc.
4. Coordinate diverse cultural/ioliday activities, e.g., Valentine's, Easter/Spring,
Clnco de Mayo, luneteenth, Fourth of July, Halloween/Harvest, Thanksgiving and
Winter Holiday neighborhood celebrations.
5- Provide access for PARC55enlar Hot Meals Program, ir applicable.
S. Conine partnership with Fresno County EOC to provide no cost snacks and/or
lunch during extended school breaks (Sack Lunch Program).
E, USER shall report any suspicious or illegal behavior or activity at the Center or
surrounding grounds to appropriate authorities, including timely reporting of any graffiti
or vandalism at or affecting the Center.
F. USER shall be responsible for con cutting services at the Center consistent with CHY's
policies and procedures for facility opera bon, including without Ilmttatlan,
nondiscrimination practices and procedures.
G. USER's operational obligations shall include reasonable staffing ofthe Center and
running the Community Service Programs in a manner satisfactory to CITY.
USER agrees that a minimum of two (Z) staff members shall be on the Center premises
during all hours of operation.
H. USER agrees that any and all personnel, elther paid or volunteer, whom USER utilizes in
conducting the Program shall be qualified to perform the duties assigned to Main. USER
shall provide CIN with job descriptions of all volunteer and paid posmons. 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 ClTynwned property. d,
at any time during the term of this Agreemenp 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, CIV shall have no obligation to provide other facilities.
USER further ark rms and acknowledges that USER has no relocation rights with respect
to the Center or the Program if this Agreement is terminated for any reason.
J. While it is anaclpated 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 CRY when the CITY Is
considering the distribution of grant funding to Monprobcs and similar entities.
K. No fees may be charged for the Minimum Program Requirements set forth in Paragraph
C of this Section. USER may charge fees for parlicipatlon in approved Community
Serving programming beyond the Minimum Program Requirements. For all programs
for which a fee will be charged, USER must submit a detailed description of the program
to the Director at least fifteen (15) days prior to the inidatlon of the program. CIN
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. CIN agrees that USER may conduct community events and fundraising activities at
CENTER with the prior written approval of PARIS Director, so long as aadvldes do not
adversely impact access for the general public to the Center. CRY approval may be
contingent upon USER providing appmpdate services needed to adequately support the
event. Proceeds from fundraising activities must have a direct correlation to USER
operations at the Center. USER must contact the Director prior to any outdoor event to
ensure that the outdoor space Is not already reserved by another group or organization.
No alcoholic beverages will be allowed on premises.
N. USER agrees that City shall retain two private offices and a customer
service/administrative support area at the Center that are necessary for CIN programs.
The selection of office locations shall be subject to agreement by both patties. The CITY
Life & Environmental Sciences lab shall also remain in Its current Inform until lune R0,
3013, whereupon use of sa id space will revert to USER. In addition. City will retain sole
use of twoexii modular storage units located on the grounds.
O, USER shall be allowed to post signage to Identify its presence at the Center All signage
and Its placement will require CITY approval and be in accordance with the City sign
ordinance.
P. CITY shall have sole rights and responsibility to operate the Dike Park and pool at Center,
subject to availability of funds.
SECTION 6, INVENTORY AND USE OF EQUIPMENT. CITY may agree to make available to
USER, at CITY's sole discretion, certain CITYownedequipment 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 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]. UTILITIES.
A. USER shall pay 10096 of electricity and gas costs for the Center beginning September 1,
4011. CITY will pay 100% at existing services for water, sewer, garbage, alarm and pest
control. Should USER elect to add additional structures on leased premises, subject to
CITY approval, USER shall be responsible for 100% of all additional Why services.
B. USER shall bill annually Fresno Caunlyr Library, an existing tenant on premises, for their
proportionate share of electricity and gas usage, using the predetermined
reimbursement formula covered under a separate Agreement between CRY and Fresno
County Library, as shown In Exhibit o of this Agreement CRY will continue to bill Fresno
County Library for their proportionate share of all other Will
C CITY agrees to provide outside garbage and refuse containers atthe Center for the
deposit of refuse collection services.
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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 repalis that are the result of normal wear and
tear on the facility will also be the responsibility of USER.
CITY shall be responsible for maintaining all turf areas, irrigation, and tree tramming at
the Center and surrounding grounds, subject to available budgetary resources during
the Agreement CITY shall also maintain all landscape and concrete within the Bike Park
and pool areas. USER shall be responsible for maintaining all non turf landscape areas
Including, but not limited to: Butler street Flower beds, bedding areas adjacent and
surrounding the Center, courtyard planter boxes, tot lot area, eastern perimeter W park,
Rawer beds and tree wells within parking lot area, and all concrete and asphalt areas.
Typical activities for non turf landscaping would include raking, blowing weed control,
trimming, edging re plant i ng, fertilizing, and litter control. Concrete and asphalt area
maintenance Is limited to litter and weed central. The Center will continue to be
Included In the CIN Adopt -a -Park program; and at the time of the execution of this
Agreement, the Center has been adopted by Sunnyside High School.
C. USER shall make no alteration or change in any manner o 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 facllihes or of any part or
portion of the Center, such action shall be subject to the prior approval of CIN and the
casts thereof shall be borne by USER. The pares acknowledge that USER contemplates
the addition of modular structures to the site during the term of this Agreement, subject
to CIN approval.
D. USER has inspected the Center and agrees to use and occupy the Center in an"asul
condition as: of the date of this Agreement. Any malmena nce or repairs required as a
result of misuse or negligence of USER (including USER's agents, subcontractors.
Invitees, and employees) sbell be correcied within thirty (301 days by USER. USER may
make arrangements for CIN to make necessary repairs at USER's sole tort and expense,
Failure to complete said repairs within the specified come period may be grounds for
termination,
E. The USER shall hold the CRY harmless against claims if the Clay determines that it must
temporarily shut down the Center to perform major system repairs.
F. CITY shall be responsible for structural, equipment repair and other long term capital
repairs of the Center, except to the extent such repair may be caused by the misconduct
or negligent actions or omissions of USER or USER's invitees. USER shall report all
necessary facility maintenance and repairs to CITY In a Unruly manner. CITY shall
conduct preventative maintenance In a manner consistent with the majority of other
similar CITY community center facilities. Enhanced maintenance requested by USER
above the CPM minimum levels of service are subject to CIVS approval. Should USER
elect to erect additional structures on leased premises, subject to City approval, USER
shall be responsible for 100% of the maintenance and repair costs.
G. No alterations or Improvements, Including capital Improvements and Installations of
additional phone lines, it lines, electrical lines, Security systems, or changing of locks
and keys, shall be made to the CENTER without the CITYs prior written approval. If the
CITY provides written approval, the USER shall be responsible for btaining al lCIW
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.
SECNONI0. REPOR➢NGREOUIREMENTS. User shall be subject to the reporting requirements
set form In Exhibit attached hereto.
SECTION 11. INDEPENDENT CONTRACTOR. The parties mutually agree that USER and its
employees are and shall be at all times Independent contractors and not agents or employees
of the CITY, and that USER and i6 employees shall not be worried to any salary, fringe benefits,
pension, Workers' Compensation, sick leave,insurance, or any other benefit or right connected
with employment by the CITY, or any compensation other than as prescribed herein and USER
expressly waives spy claim it may have to such rights.
SECTION 12. LICENSE RIGHTS/NOTA LEASE. The nghtsgranted to USER undertls Agreement
are non-exclusive license rights only and In no respect shall the same constitute or be construed
as an assignment of a leasehold or other Interest in the property described In this Agreement.
SECTION I3. 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 CITY's sole 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 gentler identify,disability, ethnicity, or national origin, in
connection with or related to the performance of this Agreement.
SEC10i COMPLIANCE WITH LAWS/BACKGROUND CHECKS/REPORT OF CHILD ABUSE.
A. USER shall comply with all applicable laws,ordinances, codes and regulations of the
federal, state and local governments.
B. USER shall be responsible for payment of all taxes, fees, contributions or charges
applicable to the conduct of USER's business,
C. Without limitation of any other provision herein, if the services provided hereunder IT
involve direct contact with minors or If minors are supervised as part of the services
provided hereunder, or pij 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 Nat prior to services
being provided hereunder by any personnel or volunteers retained by USER that the
USER has or will conduct criminal background check as provided In Cal Ifmnia 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 1110.5.3,
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 AR,
California Penal Code Section 11166 et seq.
E. USER shall request subsequent arrest service from one 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 CN`( lishng such person and certifying that the USER has concuded 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 pecans Is current and
In compliance with this provision.
5ECNONI6. WAIVEROFCIAIM5. USER, as a material part of the consideration to be
rendered to CITY under this Agreement, hereby waives all ciaims or causes of action against the
CIT`(, 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
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cause or causes arising at any time, In particular, but not bywayof limkation, USER hereby
waives any and all claims or causes of action which USER may now or hereafter have against the
CITY, 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 porton
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 bui Idi ng
In which. Center is located,
SECTION 17. INDEMNIFICATION AND HOLO HARMLESS. USER shall indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and authorized volunteers
from any and all loss, liability, fines, centimes, 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 attorney's fees and litigation expenses), arising
or alleged to have arisen directly or indirectly out of performance of this Agreement. USERS
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,
liability, 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.
R 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.
If USER should rent the Center, USER shall require each renter to Memory. hold harmless and
defend CITY and each of its officers, officials, emplayees, agents and volunteers In accordance
with the terms of the preceding paragraphs.
This section shall surave 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 R or as may be
authorized in writing by CITY'5 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 fall 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 any way relieve USER of Its responsiidides under
this Agreement. The phrase "fail to maintain any required insurance' shall Include, without
brotation, notification received by QTY that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
The fact that insurance is obtained by USER shall Iwt be deemed to release or diminish the
liability of USER, including, without limitation, liability under the Indemnity provisions of this
Agreement. The duty to indemnity 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 to provided by USER. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the Iiabillty of USER, all
principals, officers, agents, employees, persons under the supervision of USER, vendors,
suppliers, Invitees, USERS, sub -USERS, subcontractors, or anyone employed dlredit, 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 came" copy of the original policy. This
requirement shall survive equation or termination of Agreement.
If USER should subcontract all or any porton 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
is
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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.
If USER should rent the Center, USER shall require each renterto 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 two (2) weeks prior to the datelsl of the
rental.
SECFIONI9. COMPUANCEWU`HIAWS. USER shall comply with CRY 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.
SECTION 20. POSSESSORY INTEREST TAX. USER understands and agrees that this Agreement
may create a possessory interest subject to property taxation and that USER may be subject to
payment of property taxes levied on such Interest, and that any such tax shall be the liability of
and be paid by USER.
SECTION21. TIMEOFESSENCE. Where performance of a covenant is specified herein to be
performed on or before acertain 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 conrtltate a material breach of this Agreement for which the CRY may terminate
this Agreement.
SECTION 22. EFFECT OF WAIVER. The waiver by CITY of any breach of any term, covenant or
condition of this Agreement shall not be deemed a waiver of such term, covenant or condition
of waiver of any subsequent breach of such term, covenant or condition. The consent or
approval by CITY to or of any act by USER requiring CITYs approval or consent shall not be
deemed to waive provisions for Mrs approval or consent to any such subsequent acts by
USER.
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SECIION23. AUTOMATICTERMINATION. The righlof USER to use the Center described
herein shall be automatically terminated without notice on the occurrence of any one of the
following conditions subsequent, to which event USER shall forthwith and without demand by
the CITY, surrender the Center without delay.
A. The appointment of receiver t0 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 act;
D. The suspension, revocation or lapse of USER's nanprofit 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 24. ELECTIVE TERMINATION. This Agreement may be terminated by either party at
any core during the term for any reason, upon giving to the other party 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 delivery of notice is given pursuant to
Section 38. Notwitbsbnding the Foregoing, the City shall have the right to immediately terminate part
or all of the license Agreement when the facilities are required for public necessity oremergency use.
SECTION d5- The parties acknowledge that [ITy may terminate this Agreement under this
provision without cause, notwithstanding USER's compliance with the terms of this Agreement
including payment of utilities, delivery of reports and program services. The Director is
authorized to decide, on the part of the CITY, that this Agreement Is to be terminated and to
furnish written notice thereof to USER.
SECTION 36. TERMINATION UPON DEFAULT. In the event of any default on the part of USER
In USER's performance of or compliance with any of the terms, conditions and covenants of this
Agreement, CITY shall have the right, in addition to or as an alternative to any other right it may
have at law or in equity or pursuant to this Agreement, to terminate this Agreement upon (301
days prior written notice; provided, however, that City shall first give wrlden notice to USER of
such default and USER shall thereafter have a period of seven (7) days to correct the default.
17
SECfI0N3Z SURRENDER ON TERMINATION. Upon the expiration or termination of this
Lease, Tenant shall peaceably vacate and surrender the Premises to the Landlord in good
mndi0on (with the exception of ordinary wear and tear and acts of God) and shall surrender all
keys to the Premises. At Landlord's sole option, Tenant shall either remove Tenant's Property
on or before the Termini Date and promptly repair all damage to the Premises caused by
such removal, or I tie to such Property Shall vest to the Landlord free and clear at no cost to
Landlord. If Tenant abandons or surrenders the Premises, or is dispossessed by process of law
or otherwise, any of Tenant's property left on the Premises shall be subject to the foregoing
option in Landlord unless the law or judicial decision of the Jurisdiction in whim the Premises is
located provides otherwise. If Landlord elects to remove all or any part of such Tenant owned
Property, the cost of removal, including reasonable storage costs and the cost of repairing any
Damage to the Premises caused by such removal, shall he paid by Tenant.
SECTION 28. NOTICES AND REPRESENTATIVES. All notices reculred or permitted to be given
under this Agreement shall be In writing and personally delivered or sent by U.S. Mall, postage
prepaid, addressed as follows:
CITY USER
Contract Administrator, Fresno PARCS Executive Director
Dickey Youth Development Center Reading and Beyond
1515 E. Divisadero St, 4819 E. Butler Ave.
Fresno, CA 93221 Fresno, CA 93727
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 coral law
provisions out forth in California Government Cade Sections 82100 et seq. and Government
Code Section 1090. USER terrible; that it does not know of any facts whim constitute
violation of such section. USER further certifies that It shall not assign any personnel to provide
services under this Agreement which would be cause for a Ottertail of any mrger of interest
law.
SECTION30. M15CELLANEOUSPROVISIONS.
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
partytp this Agreement, the partes agree that venue shall be In Fresno County.
B. Ile head -in of the sections and subsections ofthis Agreement are Inserted for
convenience only. They do not membrane a par[ 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 bath
parties.
E. If a court of competemjurisdiction 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.
IN WITNESS WHEREOF, The parties hereby execute this Agreement as of the day and year
herelnabove written.
USER;
READING AND BEYOND,
a California Nanpmfit Corppration
B
Luis Santana, Executive IcEttor
Reading And Beyond
CITY:
CITY OF FRESNO,
a Municipal Corporation
BY i��
UCE A. RUDo,
Assistant City Manager
19
Date
ATTEST:
REBECCA KUSCH
crynerE
By C�+.R '3.vsat
APPROVED AS4)FORM'.
JAMES C. SANCHl
Bye
Exhibit A—Facility Inventory
Exhibit B— Insurance Requirements
Exhibit C—Summary of Reporting Requirements
Exhibit D — Utility Reimbursement Formula for Fresno County Library Site at Mosgoedd Center
EXHIBITA
Musqueda Inventory
REM
QTY
REM
QTY
Pnol Tables
2
Storage Cabinets
6
Pool Sdcks
4
Bulletin Boards
0
Feel Ballets
3
Dry Erase Boards
2
Football Table
0
Lab Chairs
14
Pin Pon Table
I
Desks
18
Ping Pang Paddles
4
Microwave Oven
0
keyboards
24
Book Shell
5
CPU's
24
Printer
0
Mouse
24
B'Tables
54
Monitors
24
Chairs
59
sale
1
File Cabinets
36
Credenzas
8
Banquet Chahs
350
Benches
2
EXHIBITS
INSURANCE REQUIREMENTS
Agreement between the City of Fresno and Reading and Beyond
Lead Operation of Neighborhood Center
Minimum Scope of Insurance
Coverage shall be at least 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 "bodlly
injury," "property damage" and "personal and advertising Injury" with coverage
for premises and operations, products and completed operations, and
contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto
Coverage Form CA 0001, which shall include coverage for all owned, hired, and
nap owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers' Compensation insurance as required by the California Labor Code and
Employers Liability Insurance.
Minimum Limits of Insurance
USER shall maintain limits of liability of not less than:
1. General Liability:
$3,000,000 per occurrence for bodily Injury and property damage
$1,000,000 per occurrence for personal and advertising injury
- $3,000,000 aggregate for products and completed operations
$3,OOg000 general aggregate
2. Automobile Liability
- $1,000,000 per accident for bodily injury and property damage
3. Employer's Liabillry:
- $1,000,000 each accident for bpdiry injury
- $1;000,000 disease each employee
- $1,000,000 disease policy limit
Umbrella or Excess Insurance
In the event USER purchases m Umbrella or Excess Insurance pollcyfles) to meet the "Minimum
Umits of Insurance,' this insurance pollry(ies) shall "fallow form' and afford no less coverage.
than the primary insurance policy(im).
Deductibles and Self-imposed! Reimposes
USER shall be responsible for payment of any deductibles contained in any insurance polices
required hereunder and USER shall also be responsible for payment of any self-insured
retentions. Any deductibles or self insured retentions must be declared to, and approved by,
the CRYS Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or
his/her designer either til the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents and authorized volunteers,
or fill USER shall provide a financial guarantee, satisfactory to CITYS Risk Manager or firs/her
JI guaranteeing payment of losses and related Investigations, claim accumulation and
defense expenses. At no time shall CITY be responsible for the payment of any deductibles or
self insured retentions.
Other Insurance Provisions
The General liability and Automobile liability Insurance policies are to contain, or be endorsed
to contain, the following provisions:
1. CITY, Its officers. officials, employees, agents and volunteers are to be covered as
additional Insureds.
3. The coverage shall contain no special limitations an 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 he
required of CITY.
The Workers Compensation insurance policy is to contain, or be endorsed to contain, the
following prcisamn. USER and its Insurer shall waive any right of subrogation against CITY, its
officers, officials, employees. agem"i-c! 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 policypes). In the event any policy is due to expire during the work to
be performed for CM, 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 polines of Insurance required hereunder shall be placed with an Insurance companydesl
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 CIV with all cemficate(s) and applicable endareements effecting coverage
required hereunder. AR certificates and applicable endorsements are to be received and
approved by the Cri Risk Manager or his/her designee prior to CrEY'S execution of the
Agreement and before work commences.
M1
Exhibit
SUMMARY OF REPORTING REQUIREMENTS
Quarterly.
1. Alocation-spedfic program calendar shall be submitted to CM and continuously
posted for public display at the Center for recreation and enrichment programs
offered at the site.
semi-Annually:
1. Submit a report regarding performance of recfeman and enrichment programs
offered at the site.
Annually:
1. 'A draft annual recreation and enrichment program plan for CIWs approval.
1. 'An organizational chart with alis[ of staff employees by title.
3. 'Names and addresses of current members of the Board of Directors,
a. '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 servlces provided
during the preceding year.
& ' Proof of Insurance as set forth in Exhibit R.
As Modified:
1. Provide CITY with recreation and enrichment program job descriptions of all
volunteer and paid posllions.
1. For all programs for which a fee will be charged, USER must submit a detailed
description of the program to the Director at least fifteen (15) days prior to the
mittahon of the program.
As Required:
1. Staff shall attend meetings as required or requested by CITY or Director.
Note: Asterisk designates items that are first due prior to Agreement commencement date.
Exhibit
UTILITY REIMBURSEMENT FORMUTA FOR FRESNO COUNTY
MOSQUEDA COMMUNITY CENTER
Current Reimbursement Formula
Can be billed quarterly or semi-annually.
MOSQUEDA COMMUNITY CENTER
Square Footage: LibraryRotal FadlRy
2.150 122.009 = 9.8!
Bill 32/10 his per week
Electric N720506060
00.2010 5,804.55
Nov. 2010 4,290.25
Dec. 2010 3,584.01
$13,678.81 x.098
= 1,340.52 x.457 (3200 bis per week`)
_ $612.62
Gas #9720506055
Oct 2010 221.07
Nov. 2010 153.84
Dec. 2010 11037.04
$1,411.95 z 0%
= 138.37 x.457(3290hmperweek-)
$63.24
Water, sewer, and sanitation shall continue to be billed by CITY.
• Percentage of Library hours vs. overall operating hours of the Center will need to be
adjusted if operating hours are expanded beyond current levels.
M
airy d
FRESNO MUNI NO. 9: /$am *iA
REPoRi i0 TIIF: CITYCOUNCD.
COUNCIL MEETING 04/07/11
AtFINVIDIty
April T, 2011 DEPNITIMENT wnscTo^
CiTYMAN 29C
FROM: BRUCE A.RUDD, Assistant City Manager/ Interlm PAGCS Director
BY. PAUL A. MIELIKIAN. KYLE B. EFFCOACH, Commutive Manager nty Recreation Supervisor 11 Nesenei locih1o'Wlr
SHAUN SCHAEFER. Community Recreation Supervisor II Ai:wMiogT4- aU -
Forks, After School, Recreation and Community Services Depadmomr �
SUBJECT: A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
NEGOTIATE AN AGREEMENT WITH READING 8 BEYOND FOR THE
OPERATION OF MOSQUEDA COMMUNITY CENTER
RECOMMENDATIONS
SMR recommends that Me City Council approve the attached resolution aumoribring the City Manager at
deal to negotiate and execute an agreement with Reading 8 Beyond for the operation of Mos sural
Community Center, subject as City Attorney review and approval.
EXECUTIVE SUMMARY
As of Dotober 1, 2010, the PARCS Department was no poster be able to fund recreational programs at ten
(10) of Me seventeen (17) City neighborhood centers. These centers were: Einstein, Quigley, EI Dorado,
Pinedale, Mary Ella Brown, lafayette, Melody, Sunset, Fink While, and Highway City. Currently, we have
Community Based Organizations (CBOs) operating seven centers in a lead capacity and one agency
operating as a secondary. Quigley and Highway City do not yet have an agency identdied. Due to
ongoing economic impacts as General Fund revenue, which is me primary funding source for
neighborhood recreation centers, the Department has begun the process of Identifying partners for Me
remaining Tell silos.
The Department was approached by Reading S Bayond who a unique opportunity to become the lead
agency at Mosqueda Community Center and set up a one -stop -shop for the community by utilizing partner
agencies. Reading and Beyond (RAG) plans to continue to administer me City of Fresno Parks and
Recreatpn programs currently offered at Mosquede Center, in addition to operal during the some days
and times and make the center available for community use. To supplement current programs, RAB also
plans to odometer their sense of research- and evidence -based programs for children and famllps,
including: early childhood education programming, after-school literacy intervention and hRonal, parent
involvement and education, college preparation, and workforce development utilizing the Fresno Bridge
Academy model.
This goal is to transform the Mosquada Center Into a one -stop -shop of programs for children and bodies,
whereby in poll to RAB directly providing programs, other community partners will also be Invited to
deliver essential programming that aligns and Integrates with Moequeder operations. Community partners
will include this County of Fresno Department of Social SeMces. Fresno County Economic Opportunities
Commission (EGC), UC Cooperative Extension, and WIC. RAB's workforce development program (which
p1111Tes the Fresno Sol Academy model) will be the (oral point of all programs.
April T, 2011-Report to the City Council
Reading & Beyond Opermon of Mosqueda Community Center
Page 2 of 3
The Bodge Academy model requires Nat all aspects of employability and life needs are provided through
a collaborative, co-managed and wrap around triage of speculated community/neighborhood and
employment/tramirg resources. The model also requires that partners leverege all local resources as pad
of an integrated City/community strategy to provide residents trapped in the cycle of poverty add
dependenw with a renewed sense of hope and empowerment to after the course of their lives.
Time is of the essence because Reeding & Beyond is currently working out the proposed sub-Agreements
with Ilre partnering agencies that will operate at Mosqueds; which will result in additional funding for
interior improvements at me Center. Much of this additional funding is subject to partner agencies internal
budget deadlines for expenditure of funds during this fiscal year; and a delay of even weeks could put this
funding in jeopardy. A majority of the deal points between the City and Reeding & Beyond have already
been worked out (see below) however the Agreement is sell being localized by completing Insurance
requirements, attamey reviews, exhibits, etc. As such the Agreement Is not In final form, sow remedy the
time crunch; approval of the attached resolution will authorize the City Manager or designee to execute the
Agreement on behalf of the City, subject to City Attorney review and approval.
The Agreement with Reading & Beyond will ba similar to existing CBO Agreements at other City
neighborhood centers:
• Business will continue 'as usual', with afternoon recreation programs con by Reading & Beyond.
• Senior Hot Meal program (including the ceramics class) will continue in its wren state
• Swim pool & Bike Park will continue to be operated by PARCS, subject to available funding.
• PARCS will retain a small shaft presence at the Center along with a customer service portal.
• Environment Science Lab will remain unfit the grant furs ing its operation lapses (June 30, 2012)
• Facility reservations will be handled by Reading & Beyond
• Fresno County Library, and Head Start will remain at the Center under their separate cutting
leases.
• Access to green space is unaffected
•
Reading & Beyond will make an effort to accommodate existing use of the social hall by Hula
Ohana and Police ActivXles League (Tae Kwan Co)
The ordered term for all wren) CSOs is a three year commitment with an option to renew for an
additional two years. Reading & Beyond has requested a the year term with a two year extension option
so they can fully depreciate Ihelr expected investment in the property such as new furnmrs, interior
improvements, and possible placement of modular structures on the property to expand programming
space.
A significant difference from existing CBO sites is that Reading & Beyond mil pay 100% of the Center's
electricity and gas costs starting September 1, 2011. The City will construe to pay exisedg services for
water, sewer, garbage, alarm and pest motel. Should Reading & Beyond elect to add additional
structures on leased premise (subject to City approval) they will be rospnrrsibie for 100%df ail additional
utility services. Consistent with other CBOs. Reading & Beyond will maintain and operate programs In the
buildings, cover all janitorial seMce, and will have discretion to facilitate programs that are operated inside
the facility. The buildings ant green space of all Centers will remain the responsibility of the PARCS
Dependent for maintenance in a manner consistent with the majority of other stroller neighborhood parks
antl centerfacileies. Enhancetl maintenance requested by a CBO above the Department's minimum
levels of service are subject to avellable funding.
BACKGROUND
Reading & Beyond will abide by all operational and program requirements as other CBi specticelly:
Minimum Operational Reduiremants:
April ). 2011 - Report to the City Cotmi
Reading & Beyond Operation of Mosquada Community Center
Page 3 of 3
• OpeNCloselSecure Facility
• Reporting of suspicious or illegal behavior, graffiti and vandalism
• Provide intemorjanilariel service and maintenance
• Retching of outside facility maintenance needs tome CM, in a timely manner
Minimum Promam Requirements:
• Provide public access to the facilities Monday through Friday form 3:00 to 7:00 p.m. with
recreatcnal anchor endcoment activities geared for schoolaged children from the surrounding
neighborhoodsoffered during those hours. Community partners mustansurethe same orgreater
levels of public access and recreatlonalienrichment activities.
Provide daily homework assistance and/or computer lab access
• Continue partnership with Fresno County EOC to provide no -cost snacks and/or lunch during
extended school breaks, le. summer vacation, winter break. (Sack Lunch Program)
• Provide a variety of indoor recreation cavities, i.e. arts & crafts, board games, table games.
• Porous opportunRles for community service actlial i.e. neighborhood clean-up, adopl-a-park,
etc.
• Coordinate diverse culturole-o iday activities, e. Valentines, EastedSpring, Orion De Mayo,
Juneteanth, Fourth of July, HalloweeNHmvest. Thanksgiving and Winter Holiday neighborhood
celebrations
• Provide access for the PARCS Senior Hot Meals Program.
Reading and Beyond (BAJO) has been providing "cradle to career programming for children and families
since 1999. Specifically, RAB has expertise in providing and coordinating eady chiclrood programming
(including educadonal home variation, clarions and preschool programs, and developmental screening):
educational and enrichment programming for children in grades Kindergarten through ll' (including literacy
and academic Intervention, physical fitness and sports, so takemodonal development, drug prevention,
and violence prevention); College Preparation for high school students and adults; and Workforce
Development for older youth and adults. In addition, RAB has experience and expertise designing and
implementing an army of programs for children, adu9s, and families at neighborhood sites — including
school sites and community-based s&es, such as churches and most recently the City of Fresno's Einstein
Parks and Recreation site.
At present. Reading and Beyond is sowng 2.000 chicken and their families on a daily basis at more Nan
30 different, neighborhood based arms throughout Fresno County. Approximately 70 to 100 children and
their families are enrolled at each site. Programs at each site vary based upon hands of families. Although
every site has its unique mix of programs (based on Ne needs of children and families)— all are
coordinated and operatetl in a standard, quality fashion.
FISCAL IMPACT
The Agreement will have a positive financial impact in that Reading & Beyond will pay PG&E costs Nat
are currently paid by the General Fund. This savings is approximately $39,000 in FY 2012 and $80,000 in
FY 2013 and subsequent were of the Agreemenl Additional ancillary savings will also be realized from
transmoing responsibility of phone lines, janitorial services, and recreation supplies.
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