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HomeMy WebLinkAboutContracts & Agreements_29-2018 FACILITY USE AGREEMENT This Facility Use Agreement ("Agreement") is made and entered into this 201h day of February, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and the GS Andiamo Junior Cycling Program (GSAJCP). City and GSAJCP are sometimes individually referred to herein as a "Party" and, together, as the "Parties." ARTICLE 1. PREMISES 1.1 City agrees to permit GSAJCP to use the parking lot and restrooms, located at the Redlands Sports Park, 1790 North Dearborn, Redlands, California("the Premises")on the terms and conditions hereinafter set forth. ARTICLE 2. TERM 2.1 This Agreement shall be for a term of two (2) years, unless earlier terminated as provided for herein. ARTICLE 3. FEE 3.1 Except as provided in Section 4.2 below, City will provide reservations for the Premises at no charge to GSAJCP, as GSAJCP is a Group 2 User Group as described in City Council- adopted Resolution No. 7761. ARTICLE 4. USE OF PREMISES 4.1 The Premises shall be used for the exclusive purpose of operating the GS Andiamo Junior Cycling Program (GSAJCP) events. As a non-profit association, the GSAJCP will offer cycling development programs for the community at a minimal cost. GSAJCP will also provide scholarships to families who cannot afford the program. GSAJCP shall not use or permit the Premises to be used for any other purpose without the prior written consent of City. Operation of Business 4.2 During the term of this Agreement, GSAJCP shall, unless prevented by conditions beyond its control, conduct business of the type and nature specified in Section 4.1 of this Agreement on the Premises in a safe and business-like manner. As the City contracts the scheduling and operation of youth soccer programs at the sports park with the American Youth Soccer Organization("AYSO"),GSAJCP shall submit a request in writing to AYSO for dates and times to use the parking lot and restrooms seventy (70) days in advance. AYSO shall respond to such requests within thirty-five(35)days of receipt. GSAJCP shall submit request and proof of non-scheduling conflict to the City for final approval. The Premises shall be used only for the time and dates approved by AYSO and the City. GSAJCP shall assume full responsibility for its personal property used at the Premises,and 1 1:1cakdjm\AgreementsWaci1ity Use Agreement Gs Andiamo 2018,docx shall hold City harmless for any theft, damage and other incidents relating to GSAJCP's personal property, unless due to the negligence of the City. User Responsibility 4.3 GSAJCP shall be solely responsible for the set up and cleaning associated with its services, and shall maintain the Premises in a clean manner and litter free. Waste or Nuisance 4.4 GSAJCP shall not commit, or permit the commission by others, of any waste on the Premises. GSAJCP shall return the premises to the original condition after each use. GSAJCP shall not maintain, commit or permit the maintenance or commission of any nuisance on the Premises, and GSAJCP shall not use or permit the use of the Premises for any unlawful purpose. ARTICLE 5. COMPLIANCE WITH LAWS 5.1 GSAJCP shall, at GSAJCP's sole cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, federal, state and county or municipal, relating to GSAJCP s use and occupancy of the Premises for GSAJCP's operation of business whether those statutes, ordinances, regulations and requirements are now in force or are subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by GSAJCP in a proceeding brought against GSAJCP by any government entity that GSAJCP has violated any such statute, ordinance, regulation or requirement shall be conclusive as between City and GSAJCP and shall constitute grounds for termination of this Agreement by City. ARTICLE 6. INDEMNITY AND INSURANCE 6.1 GSAJCP shall secure and maintain throughout the term of this Agreement the following types of insurance: A. Comprehensive general liability insurance, with carriers acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury. City shall be names as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. A certificate of insurance with endorsements evidencing such coverage shall be provided to City prior to GSAJCP's occupancy of the Premises. B. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that GSAJCP is self-insured or exempt from the worker's compensation laws of the State of California. GSAJCP shall provide City with Exhibit"A," entitled "Workers' 2 I:IcaldjmlAgreementslracitity Use Agreement GS Andiamo 2018.docx Compensation Insurance Certification,"which is attached hereto and incorporated herein by this reference prior to occupancy of the Premises. C. GSAJCP shall defend, indemnify and hold harmless City, and its elected officials, officers, employees, agents, and volunteers, from any and all liabilities for injury to persons and damage to property arising out of any act or omission of GSAJCP or its officers, employees, agents or volunteers, in connection with operation of its business at the Premises. ARTICLE 7.TAXES AND UTILITIES 7.1 City shall pay, and hold GSAJCP free and harmless from, all charges for the furnishing of gas, water, sewer, electricity, solid waste disposal and other public utilities provided to the Premises during the term of this Agreement. GSAJCP shall pay, and hold City free and harmless from, all charges for telephone usage by GSAJCP at the Premises. ARTICLE 8. ATTORNEYS'FEES 8.1 In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any costs and other relief, be entitled to recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a party. ARTICLE 9. MISCELLANEOUS 9.1 GSAJCP shall not encumber, assign, or otherwise transfer this Agreement, any right or interest in this Agreement, or any right or interest in the Premises or any improvements that may now or hereafter be constructed or installed on the Premises. Any encumbrance, assignment,transfer or subletting by GSAJCP without the prior written consent of City, whether voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the City, result in immediate termination of this Agreement. 9.2 Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party to this Agreement by the other Party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the Party to whom they are directed, or in lieu of personal service, when deposited in the United States mail, first class postage prepaid addressed to GS Andiamo Junior Cycling, 101 Hillside Way, Redlands, CA 92373 or to City at I 1 I W. Lugonia Avenue, P.O. Box 3005, Redlands, CA 92373. GSAJCP and City may change their respective addresses for the purpose of this section by giving written notice of that change to the other Party in the manner provided in this section. 9.3 This Agreement constitutes the entire agreement between City and GSAJCP respecting GSAJCP's use of the Premises, and correctly sets forth the obligations of City and GSAJCP to each other as of its Effective Date. Any agreements or representations 3 Lkca\djmlAgreementsTacility Use Agreement GS Andiamo 2018.doex between the Parties respecting the Premises not expressly set forth in this Agreement are null and void. 9A In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in- house counsel by a Party. 9.,5 This Agreement may be terminated by either Party by giving ninety (90) days prior written notice to the other Party. CITY OF REDLANDS GS ANDIAMO JUNIOR CYCLING Paul W. Foster, Mayor Sean Wilson, GSAJC Representative JeT-i%z`Donaldson, City Clerk 4 Use Agrecinew GS AndwrRw2018Aocx EXHIBIT "A" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more ol-the f'ol[owing ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in, this State. (b) By Securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK ONE .1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation Or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861 j. � l affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers,' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance. I certify Linder penalty of perjury Linder the laws of the State of California that the information and representations made in this certificate are true and correct. 7,— 0 GS Andiarno Junior Cycling Date: .............. By: Sean Wilson 5 1 Use Agro omni GS AndianioMlKdocx A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMroonrvY) 02!09!2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: American Specialty Insurance&Risk Services, Inc. PHCNN E . 260-969-5203 we No, 260-969-4729 dba A.S.I.R.S.I.Insurance Agency ADDRESS: 7609 W.Jefferson Blvd.,Suite 100 INSURERS AFFORDING COVERAGE NAIL# Fort Wayne IN 46804 INSURERA: Arch Insurance Company 11150 INSURED INSURER R: League of American Wheelmen dba League of American Bicyclists INSURER C: I 1612 K Street NW,Suite 1102 INSURER D: INSURER E, Washington DC 20006 INSURER F COVERAGES CERTIFICATE NUMBER: 1001513151 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT€FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR P041GY NUMBER MMfDDNM MMIDDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR PREM SES Eaoc.E ENTanca S 1,000,000 MED EXP(Any one person) $ Excluded A Y SBCGLOO54501 02!0112018 02/01/2019 PERSONAL&ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000.000 POLICY�JECT PRO C LOC PRODUCTS-COMP/OP AGG S 5,000,600 X OTHER: CLUB I S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT5 Ea accident ANYAUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE ¢� AUTOS ONLY AUTOS ONLY Per accident 5 UMBRELLALIABOCCUR EACH OCCURRENCE J.S EXCESS L1AB CLAIMS-MAD£ AGGREGATE 5 DEO I I RETENTIONS Is WORKERS COMPENSATION _ __ STATiERH AND EMPLOYERS'LIABILITY YIN _ ---"��"�- ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT S OFFICERfMEMBEREXCLUDED4 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is requirecil Coverage applies to GS ANDIAMO JUNIOR CYCLING DEVELOPMENT CLUB,700 E REDLANDS BLVD,SUITE M,REDLANDS,CA 92373. The Certificate Holder shall be an Additional Insured,but only with respect to the operations of the Named Insured,and subject to the provisions and limitations of Form OOS GL002900 Additional Insured-Designated Person or Organization Written Contract or Written Agreement,but only with respect to SCHEDULED SKILLS ORIENTED EVENTS,EFFECTIVE FEBRUARY 6,2018. CERTIFICATE HOLDER CANCELLATION CITY OF REDLANDS AND THEIR RESPECTIVE ELECTED OFFICIALS, OFFICERS,EMPLOYEES AND AGENTS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 35 CAJON STREET,SUITE 15A AUTHORIZED REPRESENTATIVE PO BOX 3005 REDLANDS CA 92375 P I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIPPIYYYY) 0210912018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: American Specialty Insurance&Risk Services,Inc. PHFAPX No; 260-969-4729 dba A.S.I.R.S.I.Insurance Agency E-MAA DRIL. 7609 W.Jefferson Blvd.,Suite 100 INSURERCS)AFFORDING COVERAGE NAIC# Fort Wayne IN 46804 INSURERA: Arch Insurance Company 11150 INSURED tNsURER B: League of American Wheelmen dba League of American Bicyclists INSURERC: 1612 K Street NW,Suite 1102 INSURER D: INSURER E: Washington DC 20006 INSURER F: COVERAGES CERTIFICATE NUMBER: 1001513151 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF:INSURANCE APDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM1DDNYYY MM1DDNYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000CLAIMS-MADE OCCUR PREMISES Eaoccuence $ 1,000,000 MED EXP(Anyone person) $ Excluded A Y SBCGL0054501 02/01/2018 02/01/2019 PERSONAL&ADV INJURY S 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENER4LAGGREGATE S 5,000,000 POLICY CSI PJEGTRO- LOC PRODUCTS-COMPlOPAGG S 5,()00,000X OTHER: CLUB S AUTOMOBILELIABILITY COMBINEDSINGLE LIMIT !$ Ea.Eiden! I ANY AUTO BODILY INJURY(Per person S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON,OWNEO PROPERTYDAMAGE S AUTOS ONLY AUTOS ONLY Per accident S UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS I$ WORKERS COMPENSATION PER OTH AND EMPLOYERS'LIABILITY YIN STATUTE I LER ANYPROPRIETORIPARTNERlEXCCUTiVE E.L.EACH ACCIDENT S OFFICERIMEMBEREXCLUDED? ❑ N f A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S IF yes,describe under DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Coverage applies to GS ANDIAMO JUNIOR CYCLING DEVELOPMENT CLUB,700 E REDLANDS BLVD,SUITE M,REDLANDS,CA 92373. The Certificate Holder shall be an Additional Insured,but only with respect to the operations of the Named Insured,and subject to the provisions and limitations of Form 00S GL002900 Additional Insured-Designated Person or Organization Written Contract or Written Agreement,but only with respect to SCHEDULED SKILLS ORIENTED EVENTS,EFFECTIVE FEBRUARY 6,2018. CERTIFICATE HOLDER CANCELLATION CITY OF REDLANDS AND THEIR RESPECTIVE ELECTED OFFICIALS, OFFICERS,EMPLOYEES AND AGENTS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 35 CAJON STREET.SUITE 15A AUTHORIZED REPRESENTATIVE PO BOX 3005 �—� REDLANDS CA 92375 1 f E t/ O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD