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HomeMy WebLinkAboutContracts & Agreements_220-2025FACILITY USE AGREEMENT This Facility Use Agreement ("Agreement") is made and entered into this 18' day of November, 2025 ("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 public benefit corporation ("BGCR"). City and BGCR are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, City's Facilities and Community Services Department's Recreation and Senior Services Division ("Division") focuses on fostering community integration while preserving individuals' dignity and well-being; and WHEREAS, the Division offers various programs aimed at enriching the lives of Redlands residents, which include programs and community partnerships, promoting nutrition and healthy eating habits, encouraging active living, and providing essential informational services; and WHEREAS, the Division partners with BGCR to ensure youth have access to affordable and nutritious meals and recreational programs; and WHEREAS, City and BGCR wish to enter into this Agreement to formalize the partnership between the City and BGCR regarding the use of the City's Joe R. Gonzales Community Center Gymnasium (the "Premises") for the operation of BGCR's day camp programs. ARTICLE 1. PREMISES 1.1 City grants BGCR a non-exclusive right to use the Premises as described and in Exhibit "A" below pursuantto the terms and conditions in this Agreement: Joe R Gonzales Community Center - Gymnasium Only Located at 111 West Lugonia Avenue, Redlands, California ARTICLE 2. TERM 2.1 This Agreement shall be for a term of three (3) years commencing on its Effective Date, unless earlier terminated as provided for herein. 2.2 Either Party may terminate this Agreement, without cause, by providing at least ninety . (90) days prior written notice to the other Party specifying the date for termination of this Agreement. 1 I:\emo\Agreements\Facility Use Agreement - Boys and Girls Club-FY2526-079.docx - AE ARTICLE 3. RENTAL FEE 3.1 Based on the public purpose set forth in the Recitals herein, the rental fee will be One Dollar ($1) per year for the use of the Premises during the term of this Agreement. ARTICLE 4. USE OF PREMISES 4.1 The Premises shall be used for the exclusive purpose of operating the BGCR's summer day camp program ("Program") as described in Section 4.2. BGCR shall not use or permit the Premises to be used for any other purpose without the prior written consent of the City. 4.2 The Program is open to children between the ages of 4 —11 years old beginning June 1 through July 31. The Program will operate five (5) days a week (Monday through Friday) starting at 7:00 a.m, and ending at 6:00 p.m. 4.3 City will provide BGCR access to the Premises for the Program. During the term of this Agreement, BGCR shall conduct the Program only on the Premises in accordance with all applicable laws, rules and regulations, and in ensuring the safety of participants of the Program and BGCR employees, agents and volunteers. BGCR shall assume full responsibility for its and its employees' personal property used on the Premises and shall indemnify and hold City harmless for any theft or damage relating to BGCR's or BGCR's employees' personal property. BGCR shall, at its own cost andexpense, maintain insurance for all personal property on the Premises as set forth in Section 7 of this Agreement. 4.4 BGCR shall be solely responsible for any set tip and cleaning associated with its use ofthe Premises and shall maintain the Premises in a clean and litter -free manner. BGCR shall be responsible for ensuring all of its employees, agents and volunteers staff meet all applicable County Health Department requirements for food preparation and handling. BGCR shall not place any locks on the interior or exterior of the Premises without the prior written permission of City's Facilities and Community Services Director. 4.5 BGCR 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. 4.6 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 forany unlawful purpose. 4.7 BGCR shall operate Program with its own employees, contractors, agents and volunteers, and shall not utilize city officials, employees or volunteers to operate Program. BGCR employees, agents and volunteers shall be background checked as required under law. 2 I:\emo\Agrccmcmts\Facility Use Agreement - Boys and Girls Club-FY2526-079.docx - AE 5. ARTICLE 5. INDEPENDENT CONTRACTOR 5.1 It is the express intention of the Parties that BGCR is, and shall remain during the term of this Agreement, an independent contractor and not be an agent or employee of City. BGCR represents to City that it is free from the control of City as to how BGCR's Program is provided to the public; the Program provided by BGCR is not part of City's business operations; BGCR is providing the same or similar Program to other persons and entities through BGCR's business operation, or through other businesses; and that BGCR agrees that the Program conducted within the Premises is not BGCR's sole source of business. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee, joint venturer or partnership between BGCR and City. The Parties acknowledge that BGCR's employees are not employees of City for State tax, Federal tax, or any other purpose. ARTICLE 6. COMPLIANCE WITH LAWS 6.1 BGCR shall, at BGCRs sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, federal, state and county or municipal, relating to BGCRs use and occupancy of the Premises for BGCR's Program 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 for termination of this Agreement by City. ARTICLE 7. INDEMNITY AND INSURANCE 7.1 BGCR shall maintain the following insurance for the duration of 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 or 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 or exempt from the worker's compensation laws of the State of California. BGCR shall provide City with Exhibit `B," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to occupancy of the Premises. C. Sexual Abuse or Molestation (SAM) Liability: If the comprehensive general liability insurance policy referenced above is not endorsed to include affirmative 3 t\cmo\Agreements\Facilily Use Agreement - Boys and Girls Club-FY2526-079.doex - AE coverage for sexual abuse or molestation, BGCR shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. 7.2 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 the Program, this Agreement, and any act or omission of BGCR or its officers, employees, agents or volunteers, in connection with operation of BGCR's business operations or the Program conducted at the Premises. ARTICLE 8. TAXES AND UTILITIES 8.1 City shall pay, and hold BGCR 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. BGCR shall pay, and hold City free and harmless from, all charges for telephone usage by BGCR at the Premises. ARTICLE 9. ATTORNEYS' FEES 9.1 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 the recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. ARTICLE 10. NOTICES 10.1 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a party may provide notice in accordance with this section: CITY: BOYS AND GIRLS CLUBS of City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 GREATER REDLANDS-RIVERSIDE: Montrice Shabete BGCR — Chief Operating Officer 1251 Clay Street Redlands, CA 92374 mshabete@becie.org (909)798-4599 ARTICLE I t. MISCELLANEOUS 11.1 BGCR shall not encumber, assign, or otherwise transfer this Agreement, any rightor 4 lAcmo\Agreements\Facility Use Agreement -Boys and Girls Club-FY2526-079.doex - AE 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 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. 11.2 This Agreement constitutes the entire agreement between City and BGCR respecting BGCR `s use of the Premises and 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. Any modifications to this Agreement shall be in writing and executed by both Parties. Executed as of the I8`l' day of November 2025, at Redlands, California. CITY OF REDLA7ayvor Mario Saucedo, ATTEST ne. Donaidson; City Clerk BOYS AND GIRLS CLUBS of G�EATER REDLANDS-RIVERSIDE +�L on-itirTce Shabete, Chief Operations Officer 5 IncmmAgreemems'Facility Use Agreement - Boys and Girls Club-FY2526-079.docx - Al; EXHIBIT A PREMISES 6 L: cmo\Agreements\Facility Use Agreement - Boys and Girls Club-FY2S26-079.docx - AE 17tl I M 1'1"'H" WORKERS' COMPENSATION INSURA CI C1;RTIFICA [ON Every omployor, except the State, shall secure the payment ofcornpcmation 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 ht this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self insuro, 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 0NL I 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). 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. 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 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 AND GIRLS CLUBS of GREATER REDLANDS-RIVERSIDE B r ..� �. ont ce Sha ate, Chi4 ef Operating Officer 7 I .cmo AgwcmemslFuility Use Agreement -Boys and Girls Club-FY2526,679.docx - AB Date: