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HomeMy WebLinkAboutContracts & Agreements_81-2014_CCv0001.pdf FACILn'Y USE AGREEMENT This Facility Use Agreement ("Agreement") is made and entered into this 2 Uh day of lav, 2014("Effective Date"), by and between the City of Redlands, a municipal corporation (,"City"), and the Center for Educational Leadership("CEL"). City and CEL are sometimes individually referred to herein as a "Party" and, together, as the "Parties." ARTICLE 1, PREMISES Section 1.01 City agrees to rent to CEL the Multi-Purpose Room, Kitchen, and Large Classroom, consisting of approximately 3,569 square feet, located at 111 Lugonia Avenue at the Redlands Community Center, Redlands, California ("the Premises"), ARTICLE 2. TERM Section-2-01. This Agreement shall be for a to of three(3)years, unless earlier terminated as provided for herein. ARTICLE 3. FEE WAIVER Section 3.01. Except as provided in Section 4.02, below, City will waive the Twenty Five Dollar($25.00)fee per hour for the use of the Premises. ARTICLE 4, USE OF PREMISES Section 4.01. The Premises shall be used for the exclusive purpose of operating the Inland Child and Adult Nutritional (ICAN) Live Healthy Program, The program will provide meals to all children in attendance at the Community Center Summer Nutritional Program with no physical segregation or other discrimination because of race, color, national origin, gender, religion, age, or disability. These meals will be served to all children at no separate charge in all el non-pricing programs. CEL shall not use or permit the Premises to be used for any other purpose Without the prior written consent of City. Operation of Business Section 4.02. During the to of this Agreement, CEL shall, unless prevented by conditions beyond its control, conduct business of the type and nature specified in Section 4-01 of this Agreement on the Premises in a safe and business like manner. The Premises shall be Used only for the time and dates approved for CEL as identified on City's Facility Rental form, In the event that scheduling modifications are necessary, CEL shall make a forty-five(4 5)day advance schedule change request,to City indicating the proposed modification. City shall respond to such requests within two(2) weeks of receipt. City may charge CEL rent in the amount of Twenty Five Dollars 2 ,t0) per hour, per room, for any scheduling changes made by CEL without the aforementioned forty-five (455) day notice. CEL shall assume full responsibility for its personai property used at the Premises, and shall hold City harmless for any theft or damage relating to CEL's personal property, User l esponsibil t , 'section 4.03. CEL shall be soler responsible for any set up and cleaning associated with its use of the Premises, and shall maintain the Premises in a clean and litter free manner. Section 4.04. CEL shall not commit, or permit the commission, of any acts on the Premises, or use or permit the use of the Premises, in any manner that will increase the existing rates for, or cause the cancellation of, any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. CEL shall, at its own cost and expense, maintain insurance for all personal property and improvements on the Premises, Waste or Nuisance Section 4,05, CEL shall not commit, or permit the commission by others, of any waste on the Premises. CEL shall not maintain, commit or permit the maintenance or commission of anv nuisance on the Premises, and CEL shall not use or permit the use of the Premises for any unlawful purpose. Compliance with Laws Section 4.06. C°EL, shall, at CEL'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 C;EL's use and occupancy of the Premises for CEL's operation of business whether those statutes, ordinances, regulations and requirements are now in force or e subsequently enacted. The judgment of any court of competent jurisdiction, or the admission by CEL in a preceeding brought against CEL by any government entity that CEL has violated any such statute,ordinance, regulation or requirement shall be conclusive as between City and CEL and shall constitute grounds for termination of this Agreement by C'itv ARTICLE 5. INDEMNITY AND tNSUR.ANCE Section 5.01. CEL shall secure and maintain throughout the term of this Agreement the following tees of insur ce_ Comprehensive {general liability insurance, with carriers acceptable to City, with minimum coverage of One Million Dollars($1,000,0004, per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury. City shall be named 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 poi-to CEL'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 CEL is self-insured or exempt from the workers' compensation laws of the State of California.. CEL shall provide City with Exhibit"A," entitled "Workers' Compensation Insurance Certification,"' wbich is attached hereto and incorporated herein by this reference prior to occupancy of the Premises. C. CEL 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 CEL, or its officers, employees, agents or volunteers, in connection with operation of its business at the Premises. ARTICLE6. 1rA- XES AND UTILITIES r UJ 'I ulities Section 6.01- City shall pay, and hold CEL free and harmless from, all charges for the furnishing of as, water, sewer, electricity, solid waste disposal and other public utilities provided to the Premises during the to of this Agreement. CEL shall pay, and hold City free and harmless from, all charges for telephone usage by CEL at the Premises. AIL TICLE 7. ,MISCFLLANEOUS Section 7.01. CEL 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 CEL 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 City, result in the immediate termination of this Agreement. Section 7-02. 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 pre-paid, addressed to Center for Educational Leadership at 3 10 N. Indian Hill Blvd, Ste 257, Claremont, CA 91711 or to City at 111 W. Lugonia Avenue, P.O. Box 3005, Redlands, CA 92373. RM OW and City may change their respective addresses for the purpose of this section by giving written notice of that change to the other P in the manner provided in this section. Section 7.03. This Agreement constitutes the entire agreement between City and CEL respecting CEL's use of the Premises, and correctly sets forth the obligations of City and CEL to each other as of its Effiective Date, Any agreements or representations between the Parties respecting the Premises not expressly set forth in this Agreement are null and void, Section 7.04. In the event any action is commenced to enforce or interpret the terms or cond4lons of this Agreemcnt, the prevailing Panay shall, in addition to any costs and other relief 3 be entitled to the recovery of its reasonable attorneys' fees, including Ices for use of in-house counsei by a Section 7.05. This Agreement may be terminated by either Party by giving ninety 9 days prier written notice to the other Party, Executed at Redlands, California. CITY OF REDLANDS CENTER FOR EDUCATIONAL LEADERS141P Pete Aguilar, Mayor Gerald Johnson, Ex C hive Director r ATTEST: Sam Irwin, ty ler 4 CENTER FOR EDUCATIONAL LEADERSHIP E. 1MI -11 1 CENTER FOR EDUCATIONAL LEADERSHIP 310 N.Indian Hill Blvd.#267 Claremont,CA 91711 AGREEMENT FOR WELLNESS AND NUTRITIONAL SERVICES—INLAND CHILD AND ADULT NUTRITIONAL (ICAN) LIVE HEALTHY PROGRAM AND THE CITY OF REDLANDS This agreement is made and entered into on the 2&day of May 2014 between the City of Redlands. Hereafter referred to as CENTER with a principal place of business at 111 Lugonia Avenue, Redlands CA 92374and the Center for Educational Leadership hereafter known as SPONSOR with a principal place of business at 310 N. Indian Hill Blvd. Ste 257, Claremont, CA 91711. The period of the agreement shall be from May 2&, 2014 and continuing through May 20'h,2017. OPERATIONAL PROVISIONS 1. Meal Service: The City of Redlands K Offer the same meals to all children in attendance at approved sites with no physical segregation or other discriminabon because of race, color, national origin, gender, religion, age, or disability. The meals will be served to all children at no separate charge in all non-pricing programs; B, Provide a clean and sanitary food service and supper meal area for meal services, food delivery and consumption; CAssist with clean-up and sanitization of meal service area upon completion of meal services delivery; D, Account for is or food products not consumed during and/or after meal service and deliver. Inland Child and Adult Nutdftn (ICAN) K Plan and prepare food in amounts sufficient to meet the minimum requirements set forth in the Meal Patterns for Infants and Older Children or Adults, as prescribed by 7 CFR Part 226.20(see Schedule B; and the USDA Food Buying Guide)at each meal service for each participant & Ensure that the preparation, serving, and storage of foods are carried out in a manner that conforms to applicable state and local sanitation laws and regulations, 2. Monitoring and Training: Provide adequate supervisory and operational personnel for the effective management and monitoring of the programs at all sites under the Agency's jurisdiction as stated in the Management Plan. At a minimum,the Agency shall, Inland Child and Adult Nutrition (ICAN) A. Conduct pre-approval visits to each new site to discuss the Child and adult Care Food Program benefits and regulations; . Employ the equivalent of one full-time staff person for each 25 to 150 sponsored sites. (Sponsors with less than 26 centers are exempt from this requirement); Monitor each site at least three times r year, with the fiat visit to occur within the four weeks of operation at all new sites and no more than six months to elapse between visits. D. Ensure that at least two of the three required annual visits-are unannounced and at least one o the unannounced visits is during a heal service- and E. Assess each site's compliance with program requirements, including the reconciliation of meal counts over a five-day period. "rain site staff in program duties and responsibilities prior to beginning program operation, with additional training sessions to be held at least once annually. m Rocord Keeping Establish procedures to collect, maintain, and update all necessary program records as required. Records shall include: City s Ilan a A. Maintain daily records indicating the number of children in attendance and the number of meals and smacks served to eligible children. Inland Child and Aduftion I . Information on training sessions prodded to the sites including dates and locations, as well as topics presented and names of participants; record of site monitoring, showing elates and locations of the sites, notations of any problems, and the corrective action prescribed and implemented', C. A copy of the annual rnedia release, . Copies of Menus and any other food servicerecord required the California Department of Education are made a ilable to all approved sites, 4Geral yor date e i or Pete uilar d t hip "' ATTEST: Sam.. Irwin, it 1 f' CE THIS CERTWfCATE 14 ISSM-AS A MATTER of INFORMATION ONLY CONI IIRIGH RIPON THE C TI€t L R.THi C TIFICA a T Af Ly ATI Am m,A EI,E T040 OR ALTOR THE COVERAOS AfFOMM 13Y THE POLICIES BELOW,THIS CERTWICATS OF INSURANCE DOES NOT CONSTITUTE A CONTRACT SETWEEN T€IE 1"WINa INSUR04si AUTHORIZED REPRESENTATIVE I CER,ANO THE CERTIFICATE ATE HOL IT FQRTANT-If flee 3 an ADDITIONAL IRSURED,ih rtcallc les)must be endorsed.If gUff-0517M IS WAIVED,subject To the terms and conditioner of the policy,certain policies may require an endorsement A statement can this certificate does nOt conler rights to the: `rtifieate holder in lieu of such a ent(s) PRODUCER Automatic Data Processing Insurance Agency,Inc. 1 Reda Soul rei Roseland,NJ 010a � Insu Itts�AP� n � taA� INSURER A. Amtrust Sequoia Insurance Company CENTER FOR EMMATIONAL LEADERSHIP INSURER C 310 N I Bill' INSURER Clar 19lTf� 0: IalsLr€tEsa E r _ _ �. INSURER F, COVERAGES CERTIFICATE NUMBER: 220264 I . 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