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HomeMy WebLinkAboutCO 2025-079 - Cucamonga District Host Lions Club 1 City of Rancho Cucamonga and the Cucamonga District Host Lions Club FACILITY USE AGREEMENT THIS AGREEMENT is made and entered into on June 1, 2025, between Cucamonga District Host Lions Club, a California nonprofit agency, (hereinafter “Club") and the City of Rancho Cucamonga, a municipal corporation, (hereinafter "City") concerning the provision of Central Park Facility Use and Cucamonga District Host Lions Club partnership. A. Recitals (i) Club is a nonprofit agency and those persons executing this Agreement on its behalf hereby covenant that they are fully empowered to execute this Agreement on behalf of Club. (ii) In recognition of the Cucamonga District Host Lions Club’s legacy donation of five acres of land and the building now known as Lions Center West, City desires to permit the nonexclusive utilization of a portion of its James L. Brulte Senior Center, located at 11200 Base Line Road, Rancho Cucamonga, California by Club so as to assist with and further the provision of Club services and programs. Hereinafter, the term "Center" shall mean the James L. Brulte Senior Center and Goldy S. Lewis Community Center at Central Park. B. Agreement NOW, THEREFORE, it is mutually agreed by and between City and Club as follows: A. Term of Agreement. This Agreement shall be effective upon execution and shall remain in effect for two (2) years, until May 31, 2027. The City, in its sole discretion, may renew this agreement in 2-year increments. Either City or Club may terminate this Agreement for any or no reason upon delivery to the non-terminating party of written notice of such termination, which such notice shall be delivered not less than thirty (30) days prior to the effective date of such termination. Further, in the event of total or partial destruction of the Center, this Agreement will be deemed terminated immediately without prior notice. City shall have the sole right to determine and declare that the Center is fully or partially destroyed for purposes of this termination provision. This Agreement grants only a revocable license to use the Center. Nothing herein shall be deemed to create a leasehold or any other kind of interest, other than a revocable license. B. Financial Consideration. 1. City shall bear all costs for and related to the maintenance and operation of the Center except as may be expressly set forth herein this Agreement. C. Use of Center. 1. Club will be permitted use of rooms at the Center with the rental fee waived. The use of the space shall be exclusively for meetings and two special events as listed below. Any City of Rancho Cucamonga CONTRACT NUMBER 2025-079 Docusign Envelope ID: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 2 request for other uses of the Center outside what is listed below may incur rental fees based on the nature of the request. 2. Club will use all City facilities within the required times and requirements indicated on their facility agreement. Any conflict in use of the City's facilities or rooms shall be communicated directly to staff and not the facility users. Central Park – Goldy S. Lewis Community Center & James L. Brulte Senior Center Use of a Small Room on the second Wednesday of each month, from 5:30 p.m. to 7:50 p.m., excluding holidays, for board meetings; and use of a Large Room for up to two special events per year, each not to exceed two hours in duration. 3. In accordance with room capacity, state and/or local public safety code, and state and/or local public health regulations, the City reserves the right to reduce the amount of or change the space designated to Club based on the actual amount of space necessary to conduct City programs. 4. To maintain the facility in a condition that is usable by all residents the Club cannot permanently display any pictures of any sort in the facility. Such pictures may be displayed on a portable board, or other device only during Club events and/or activities. If, this portable structure is to be stored onsite, it must first be approved by City to determine if available storage exists. D. Condition of Center. 1. City offers, and Club accepts for its use, the Center, and any portion thereof, in "as is" condition, without any warranty, express or implied, whatsoever, and City hereby disclaims, and Club agrees to not assert the existence of, any such warranties. Club shall keep the Center in good, safe and suitable condition for the uses contemplated therein, including the storage, securing and maintenance of equipment not intended for public use or for rental. No physical alterations of any kind, including, but not limited to, improvements, fixture installments or equipment additions or removals, may be made, authorized, or permitted by Club unless and until Club receives prior written consent of the City. Any alterations, improvements, fixtures installments or equipment additions or removals undertaken by Club must conform to and be in compliance with all applicable codes, ordinances or laws. 2. City agrees to perform cleaning as outlined in the Center janitorial contract. 3. Upon termination or expiration of this Agreement, Club agrees to leave the Center, and any portion thereof that it may utilize, in the condition Center is in upon Club's commencement of use thereof, absent allowance for normal wear and tear. Club shall either perform any necessary repair or renovation activities which may be required to return the Center Docusign Envelope ID: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 3 to the required condition, or alternatively pay to City, upon demand by City, the reasonably calculated sums to accomplish such renovation or repair. 4. Equipment, fixtures and materials cannot be attached or otherwise affixed to said site by Club in a permanent manner. 5. Club shall maintain, in safe condition and in a first-class manner, all portions of the Center which it may utilize and shall administer its program in a safe and first-class manner that complies with all applicable federal, state, county and local laws, ordinances, rules and regulations including, but not limited to, fair labor practices, fire safety provisions, health and safety provisions, sanitary conditions, nondiscrimination regulations and building codes. Club's failure to be in compliance with any applicable law, policy or regulation of any jurisdiction shall be grounds for City to immediately suspend, without written notice and without affecting its right to terminate this Agreement, Club's right to use the Center unless and until, in the City's sole discretion, such violation is cured. E. Indemnification. 1. To the maximum extent permitted by law, the Club shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise of out, pertain to, or relate to the acts, omissions, activities or operations of Club or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Club shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Club shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 2. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Club because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 3. Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Club, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all Docusign Envelope ID: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 4 claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Club. 4. Survival. The provisions of Section F shall survive the termination of this Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Club shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Further, Club agrees that it shall promptly pay all charges for which it may become legally responsible in connection with its performance of this Agreement, including, but not limited to, charges for food, beverage and supply purchases, and Club shall indemnify, defend and hold City harmless from any failure to make any such purchases. F. Insurance. 1. Liability Insurance. The City reserves the right to determine insurance requirements on a case- by-case basis, based on the risk level associated with the event or activity. Unless otherwise determined by the City, the Club shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Club, and/or its agents, representatives, employees or subcontractors. 2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence from CG 0001). (2) Insurance Services Office form number CA 0001 (Ed.1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 3. Minimum Limits of Insurance. Club shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Worker’s Compensation Insurance in the amount required by law. Docusign Envelope ID: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 5 (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Club; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Club under this agreement. 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 5. Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Club; products and completed operations of Club; premises owned, occupied or used by Club; and/or automobiles owned, leased, hired or borrowed by Club. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role City officials which are not also limitations applicable to the named insured. (2) For any claims related to this agreement, Club’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Club’s insurance and shall not contribute with it. (3) Club’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Club shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. Docusign Envelope ID: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 6 (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licenses to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any all costs of adjusting and/or defending any claim against any insured, including court costs and attorney’s fees, shall be paid in addition to and shall not deplete any policy limits. (9) Club shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 6. Evidence of Coverage. Prior to commencing performance under this Agreement, the Club shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Club commences performance. If performance of this Agreement shall extend beyond one year, Club shall provide City with required policies of endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 7. Club agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Club shall require its subcontractors to be bound to Club and City in the same manner and to the same extent as Club is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- subcontractor. G. Limitations on Assignment. No interest in or arising out of this Agreement may be transferred or assigned, nor may any required performance be subcontracted, in whole or in Docusign Envelope ID: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 7 part, by Club, without the prior written consent of City and any such transfer, assignment or subcontract made without City's consent shall be void. H. Emergency Operation Center. Notwithstanding any other provision in this Agreement, Club acknowledges that the Center has been designated an auxiliary emergency operation center for City. At any such time as the City, in its sole discretion, determines that it requires the use of Center as an emergency Center, Club agrees that it shall promptly cease utilization of the Center for such time as the City requires the Center's use for emergency operation services. City shall not be responsible to Club for any costs or reimbursement for any losses Club may sustain as a result of such emergency operation use, including but not limited to, loss of food or wages. I. General Provisions. A. Notice. Any notice required or permitted pursuant to this Agreement shall be given by personal service or by deposit of the same in the United States mail, postage prepaid and addressed to the parties as follows: Club: Bob Terry Cucamonga District Host Lions Club P.O. Box 9061 Alta Loma, CA 91701 City: Jennifer Hunt Gracia, Community Services Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mailed notice should be deemed served on the third business day following mailing. B. Amendments. This Agreement may only be amended in writing by a document, signed by both parties hereto. C. Section Headings. Any section headings in this Agreement have been provided solely for the convenience of the parties and in no way shall serve, or shall be construed or interpreted to serve, to alter, amend, limit, or expand the express provisions set forth in each section. This Agreement shall be construed as if drafted by all parties hereto and shall be construed against any single party. D. Governing Law. The law of the State of California shall govern this Agreement and any action brought to enforce any provision of this Agreement shall be filed in the Superior Court of the County of San Bernardino. E. City Contributions. City retains the right, at its sole discretion, to from time to time contribute services, funds, or any other consideration to Club. Any such contribution by City Docusign Envelope ID: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 8 shall not be deemed to create an ongoing obligation from City to Club and Club hereby waives any claim to such entitlement or right. F. Permits and Approvals. Club shall, at its sole cost and expense, obtain any and all governmental permits, approvals or concurrences required for the use of the Center and/or provisions of the services required herein. G. Nondiscrimination. Club agrees that in its performance of this Agreement, it shall not discriminate against any person, including, but not limited to, any employee, agent, volunteer, or officer of Club, or any recipient of Club's services on the basis of gender, ancestry, color, marital status, sexual preference or age. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date set forth below. CLUB BY: _________________________ DATED: __________________ Bob Terry, Cucamonga District Host Lions Club President CITY BY: _________________________ DATED: __________________ Jennifer Hunt Gracia, Community Services Director Superintendent Initials Docusign Envelope ID: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 7/16/2025 | 9:35 AM PDT 7/21/2025 | 5:44 PM PDT Electronic Record and Signature Disclosure Certificate Of Completion Envelope Id: EAFB3249-39F8-4F7D-9E37-7CEA2F834E54 Status: Completed Subject: Complete with Docusign: CO 2025-079 Source Envelope: Document Pages: 8 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 11 Jonathan Hilton AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) jonathan.hilton@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 6/10/2025 10:51:00 AM Holder: Jonathan Hilton jonathan.hilton@cityofrc.us Location: DocuSign Signer Events Signature Timestamp Jonathan Hilton jonathan.hilton@cityofrc.us Management Analyst I City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 6/10/2025 10:55:41 AM Viewed: 6/10/2025 10:56:00 AM Signed: 6/10/2025 10:56:06 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Ted Morales theodore.morales@cityofrc.us Superintendent, CSD Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 6/10/2025 10:56:07 AM Viewed: 6/10/2025 10:57:48 AM Signed: 6/10/2025 10:58:18 AM Electronic Record and Signature Disclosure: Accepted: 6/10/2025 10:57:48 AM ID: 0af7e5f7-10d5-4e44-8a8d-65de0bfee35c Nathan Hunt nathan.hunt@cityofrc.us CSD Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 6/10/2025 10:58:19 AM Viewed: 6/10/2025 1:22:34 PM Signed: 6/10/2025 1:23:01 PM Electronic Record and Signature Disclosure: Accepted: 6/10/2025 1:22:34 PM ID: 99bb4552-5244-4c91-97c9-7d2c0f34f75e Bob Terry bobterry445@yahoo.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:6c51:777f:3f81:579:9c44:e1b7:8d22 Sent: 6/10/2025 1:23:02 PM Resent: 6/12/2025 9:17:45 AM Resent: 6/16/2025 4:02:55 PM Resent: 6/17/2025 1:39:33 PM Resent: 6/24/2025 9:52:43 AM Resent: 7/2/2025 10:37:11 AM Resent: 7/9/2025 7:49:12 AM Resent: 7/16/2025 9:27:25 AM Viewed: 7/16/2025 9:32:56 AM Signed: 7/16/2025 9:35:45 AM Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Accepted: 7/16/2025 9:32:56 AM ID: 3e9380ec-1008-46e8-847b-d78e7b8c3e7c Jennifer Gracia jennifer.gracia@cityofrc.us Community Services Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 7/16/2025 9:35:47 AM Viewed: 7/16/2025 3:11:19 PM Signed: 7/21/2025 5:44:29 PM Electronic Record and Signature Disclosure: Accepted: 7/16/2025 3:11:19 PM ID: 8482e66f-cb82-4610-b78f-a4bb48659fd6 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Clerk Services clerkcontracts@cityofrc.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 7/21/2025 5:44:31 PM Viewed: 7/22/2025 7:11:43 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/10/2025 10:55:41 AM Certified Delivered Security Checked 7/22/2025 7:11:43 AM Signing Complete Security Checked 7/21/2025 5:44:29 PM Completed Security Checked 7/22/2025 7:11:43 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Cucamonga City Clerk's Office (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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