HomeMy WebLinkAboutContracts & Agreements_222-2019FACILITY USE AGREEMENT
This Facility Use Agreement ("Agreement") dated the 19th day of November, 2019,
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and the
Boys and Girls Clubs of Greater Redlands -Riverside, a non-profit charitable organization
("BGCR") City and BGCR are sometimes individually referred to herein as a "Party" and,
together, as the "Parties "
ARTICLE 1 PREMISES
City agrees to permit BGCR to use the gymnasium, consisting of approximately 7650
square feet, located at the Community Center, 111 West Lugonia Avenue, 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 three (3) consecutive years commencing on its
Effective Date, unless earlier terminated as provided foi herein
2 2 Either Party may terminate this Agreement, without cause, by providing ninety (90) days
prior written notice to the other Party specifying the date for termination of this
Agreement
ARTICLE 3. RENT
3 1 Except as provided in Section 4 2, below, City will not collect City's per hour facility fee,
or the per hour staff attendant fee, for BGCR's use of the Premises during the term of this
Agreement
ARTICLE 4 USE OF PREMISES
4 I The Premises shall be used for the exclusive purpose of providing recreational programs
associated with the BGCR day camps BGCR shall not use or permit the Premises to be
used for any other purpose without the prior written consent of City
4 2 During the term of this Agreement, BGCR 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 BGCR as identified on City's Facility Rental form
In the event that scheduling modifications are necessary, BGCR shall make a forty-five
(45) 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 BGCR
a fee in the amount of Sixty One Dollars ($61 00) per hour for any scheduling changes
made by BGCR without the aforementioned forty five (45) day notice BGCR shall
assume full responsibility for its personal property used at the Premises, and shall hold
City harmless for any theft of damage relating to BGCR's personal property
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4 3 BGCR shall be solely 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
4 4 BGCR shall not commit, or permit the commission of, any acts on the Premises, or use of
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 othei insurance policy insuring the Premises
or the improvements on the Premises BGCR shall, at its own cost and expense, maintain
insurance for all personal property and improvements on the Premises
4 5 BGCR shall not commit, or permit the commission by others, of any waste on the Premises
BGCR shall not maintain, commit or permit the maintenance or commission of any
nuisance on the Premises, and BGCR shall not use or permit the use of the Premises for
any unlawful purpose
ARTICLE 5 COMPLIANCE WITH LAWS
5 1 BGCR shall, at BGCR'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 BGCR's use and occupancy of the Premises for BGCR'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 BGCR in a proceeding brought against BGCR by any government entity
that BGCR has violated any such statute, ordinance, regulation or requirement shall be
conclusive as between City and BGCR and shall constitute grounds foi termination of this
Agreement by City
ARTICLE 6 INDEMNITY AND INSURANCE
6 1 BGCR shall defend, indemnify and hold harmless City, and its elected officials, officers,
employees and agents from and against any and all claims, causes of action, damages and
liability resulting from BGCR's negligent acts or omissions, and the willful misconduct
of BGCR, and that of BGCR's agents, employees and invitees, during BGCR's occupation
and use of the Premises during the term of this Agreement This section shall survive any
termination or expiration of this Agreement
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 01 self-insurance maintained by City
A certificate of insurance with endorsements evidencing such coverage shall be
provided to City prior to BGCR'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 BGCR is self-insured 01 exempt from the worker's compensation laws of the
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State of California BGCR shall provide City with Exhibit "A," entitled "Workers'
Compensation Insurance Certification,which is attached hereto and incorporated
herein by this reference prior to occupancy of the Premises
C BGCR shall defend, indemnify and hold harmless City, and its elected officials,
officers, employees, agents, and volunteers, from any and all damages, costs, suits,
claims, losses and liability for injury to persons including death, and damage to
property, arising out of, or in connection with, any act or omission of BGCR 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 BGCR free and harmless from, all charges fat the furnishing of
gas, water, sewer, electricity, solid waste disposal and other public utilities provided to the
Premises during the term of this Agreement BGCR shall pay, and hold City free and
harmless from, all charges for telephone usage by BGCR at the Premises
ARTICLE 8 ATTORNEYS' FEES
8 I 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 BGCR shall not encumber, assign, or otherwise transfer this Agreement, any right or
interest in this Agreement, or any i fight 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 BGCR 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 othei
communications required or permitted by this Agreement 01 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, 01 in lieu of personal service, when deposited in the United
States mail, first class postage pre -paid addressed to Boys and Girls Clubs of Greater
Redlands -Riverside, 1251 Clay Street, Redlands, CA 92374 of to City at 111 W Lugonia
Avenue, P 0 Box 3005, Redlands, CA 92373 BGCR 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 BGCR respecting
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BGCR's use of the Premises, and correctly sets forth the obligations of City and BGCR to
each other as of its Effective Date Any agreements or representations between the Parties
respecting the Premises not expressly set forth in this Agreement are null and void
9 4 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
Paul W Foster, Mayor
ATTEST
ne Donaldson, City Clerk
BOYS AND GIRLS CLUBS OF GREATER
REDLANDS-RIVERSID
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Mark Davis, Senior
ent
EXHIBIT "A"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following 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 employe, 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
I am aware of the provisions of Section 3700 of the Labor Code which requires every
emp oyes 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)
I 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 Howevei, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately 1 shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct
Boys & Girls Clubs of Greater gedlands-Riverside
By
ark Davis, Senior Vice President
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