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HomeMy WebLinkAboutContract 45254 (2)1 STATE OF TEXAS § COUNTY OF TARRANT LEASE AGREEMENT CITY SECRETARY Co�.:CT NO.m 4sas� THIS LEASE AGREEMENT ("Agreement") is entered into by and between the City of Fort Worth, Texas ("City"), a home -rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Child Care Associates, a Texas non-profit entity ("CCA"), acting by and through Robert E. Duke, Jr., its duly authorized President and CEO. WHEREAS, since October 1, 1989, the City has been leasing space to CCA at various community centers for the operation of child care facilities; WHEREAS, the most recent agreement (City Secretary Contract Number 30267) expired on September 30, 2012; WHEREAS, the children in the neighborhoods and surrounding areas of the community centers continue to need the services provided by this citywide program; WHEREAS, CCA has requested that the City continue leasing the needed space to the CCA under a new five-year agreement, with five additional one-year renewal options, in order to continue to provide services to children within Tarrant County WHEREAS, on December 11, 2012, the Fort Worth City Council approved M&C C-26005, authorizing this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. 1.01 For and in consideration of the payment of the rental fee set forth and the performance of the agreements herein, City contracts with and does hereby lease to CCA, the nonexclusive use of portions of the following community centers: (a) Como, located at 4900 Horne Street, Fort Worth, Texas 76107 (See Exhibit A); (b) Martin Luther King, Jr., located at 5565 Truman Drive, Fort Worth, Texas 76112 (See Exhibit B); (c) Northside, located at 1100 Northwest 18th Street, Fort Worth, Texas 76164 (See Exhibit C); (d) North Tri-Ethnic, located at 2950 Roosevelt Avenue, Fort Worth, Texas 76106 (See Exhibit D); (e) Southside, located at 959 East Rosedale Street, Fort Worth, Texas 76104 (See Exhibit E); and Lease Agreement with CCA for Community Centers RECEIVED DEC 2013 OFFICIAL RECORD CITY SECRETARY FT. WORTH, iX 1 of2 c;1 (t) Worth Heights, located at 3551 New York Avenue, Fort Worth, Texas 76110 (See Exhibit F). Exhibits A, B, C, D E, and F, attached hereto and incorporated herein by reference, more accurately depict the leased portions of the respective community centers, which consist of a combined total area of approximately 18,011 square feet. The leased areas depicted in Exhibits A through F shall be collectively referred to herein as "the Premises." 1.02 CCA shall use and have access to the Premises during weekday hours and for the purposes set forth in this Agreement and no other use of the Centers by CCA shall be permitted unless CCA obtains prior written approval from the City. 1.03 The option for the addition of new facilities and the elimination of existing facilities will be mutually agreed upon in writing by CCA and City and attached hereto as an amendment to this Agreement. 2. 2.01 This Agreement shall be for an initial term of five (5) years, effective on the 1st day of October 2012, and terminating on the 30`h day of September 2017. This Agreement may be renewed and extended for five (5) additional one year periods by written mutual consent of the parties. 3. 3.01 CCA agrees to pay City, as annual rent for the 2012-13 lease year, the sum of $ $34,121.25 for use of the Premises, which shall be apportioned as follows: (a) (b) (c) (e) (f) (g) Como Community Center Martin Luther King Community Center North Tri-Ethnic Community Center Northside Community Center Southside Community Center Worth Heights Community Center $5,500.47 $4,837.77 $4,925.73 $6,000.00 $9,633.78 $3,223 50 CCA shall pay the full lease amount of $34,121.25 within sixty (60) days from the date of execution of this Agreement. 3.02 The rental fee rate for all rental terms following the 2012-13 rental year lease term shall be adjusted annually in accordance with the Consumer Price Index for the Fort Worth/Dallas areas. The full rental fee shall be due and owing on or before the first day of October of each remaining year of the Agreement. Payment of each annual rental fee shall be made at the following address: City of Fort Worth Parks and Community Services Department Community Services Division 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 or at any other location so designated by the City's Parks and Community Services Director or his/her designee ("Director"). Lease Agreement with CCA for Community Centers 2 of2'1 ' K 4. 4.01 CCA covenants and agrees that it shall take the Premises as CCA finds it. CCA agrees that it has examined the Premises prior to the execution of this Agreement and is satisfied with the physical condition of the Premises for the purposes related to this Agreement. Taking possession of the Premises by CCA for the use of child care facilities shall be conclusive evidence of its receipt of the Premises in a safe sanitary and acceptable condition and in good repair, except for those conditions that are not in good repair which CCA provided City written notice of and which City failed to reasonably correct. 4.02 CCA covenants and agrees to use the Premises solely for the operation of a child care facility for children and further agrees not to obstruct or interfere in any way with the rights of the City or injure or annoy other tenants or users of said community centers. 4.03 CCA, at CCA's own expense, shall keep the Premises and maintain all equipment and other properties of the City in a safe, sanitary and acceptable condition and in good repair. CCA shall restore and yield said Premises, equipment, and all other properties belonging to the City back to the City at the expiration or early termination of this Agreement in good or better condition as existed at the commencement of this Agreement and in which CCA found them. 4.04 CCA will pay the costs of repairing (to its condition immediately preceding the occurrence of such damage) any damage that may be done to the Premises or any of the fixtures, structures, or the natural environment by any act of CCA or any of CCA's employees, agents, officers, or anyone visiting the Premises upon the invitation of CCA including the patrons of the activity or function for which CCA is hereby leasing the Premises. City shall determine whether any damage has been done, the amount of the damage, the reasonable costs of repairing the damage, and whether, under the terms of the Agreement, the CCA is responsible. City shall be the sole judge of the quality of the maintenance and/or damage of the Premises, fixtures, structures, or the natural environment by the CCA. 4.05 Any damage by the CCA or others incident to the exercise of privileges herein granted shall be repaired or replaced by the CCA to the reasonable satisfaction of the City within thirty (30) days of receipt of written notification from the City. 4.06 City does not relinquish the right to control the management of the Premises, or the right to enforce all necessary and proper rules for the management and operation of the same. City, through its Manager, Director, police and fire personnel and other designated representatives, has the right at any time to enter any portion of the Premises (without causing or constituting a termination of the use or an interference of the use of the Premises by the CCA) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of the community centers; provided this shall not authorize or empower City to direct the activities of the CCA or assume liability for CCA's activities. Lease Agreement with CCA for Community Centers 3 of 2,3" 4 K 5. 5.01 The City will be responsible for all water, sewer, electricity, gas and waste disposal utility expenses. CCA will be responsible for all communications utility expenses, including local and long distance telephone charges, computer charges, and cable television charges related to the use of the utilities by CCA. 5.02 Any additional electrical or utility service required by the CCA shall be furnished at the sole expense of CCA. CCA must obtain written approval from the Director prior to placing any permanent utility improvements on the Premises. Any permanent utility improvements shall become the property of the City at the end of the lease term. 5.03 CCA agrees to maintain the Premises in accordance with the Facility Cleanliness Standards set forth in Exhibit G, which is attached hereto and incorporated herein for all purposes as it pertains to the Premises. CCA shall provide all consumable supplies for its area, including, but not limited to, soap, paper towels, toilet paper, trash bags, and necessary cleaning supplies. CCA shall perform or have performed monthly pest control and extermination services inside and outside of the Premises. Extermination should be conducted by a State of Texas licensed contractor and scheduled with the CCA Director. All extermination services shall be performed after operating hours when no children are present. 5.04 City shall perform any major cleaning, in accordance with Facility Cleanliness Standards. City shall provide all necessary cleaning supplies for these major cleaning standards. 6. 6.01 CCA shall comply with all federal, state, and local laws, statutes including but not limited to, all ordinances, charter provisions, rules and regulations of the City of Fort Worth and all rules, regulations and/or requirements of the City of Fort Worth Police and Fire Departments; in connection with this Agreement and the use of said Premises and any other regulations of any municipal authority of the City of Fort Worth. 6.02 CCA shall comply with all Parks and Community Services Department regulations, policies, and specific requirements for the Premises and community centers, in general, and shall coordinate with City staff with regard to use of the Premises. A minimum of one week s notice is required for use of other areas, conference rooms, gymnasiums, etc. by CCA for special events. This is to ensure the availability of the area and to prevent scheduling conflicts. 6.03 CCA will not do or suffer to be done anything on said Premises during the term of this Agreement in violation of any such laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements. If the City calls the attention of CCA to any such violation on the part of said CCA or any person employed by or admitted to said Premises by CCA, CCA will immediately desist from and correct such violation and/or vacate the Premises. 6.04 CCA agrees that neither CCA, nor its officers, agents, employees, licensees, invitees or patrons shall make any unlawful, improper, or offensive use of the Premises or any part thereof. Lease Agreement with CCA for Community Centers 4 of Z. G `( 6.05 CCA shall obtain and pay for all necessary permits, licenses, and taxes from any governmental agency with jurisdiction thereof and to pay lawful taxes in connection with the use of the Premises. 6.06 All City facilities are designated non-smoking areas. CCA shall direct its staff to use designated smoking areas only. 7. 7.01 No decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the Premises of the City without the consent of the Director. 8. 8.01 LIABILITY. CCA SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CCA, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, INVITEES, LICENSEES, OR PATRONS. 8.02 INDEMNIFICATION. CCA COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY ITS REPRESENTATIVES, OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS, ERRORS, OR OMMISSIONS OF CCA AND/OR ITS OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, REPRESENTATIVES, PATRONS, LICENSEES, AND/OR INVITEES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT WHETHER OR NOT CAUSED. IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS. SERVANTS. EMPLOYEES, OF THE CITY. CCA LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGES, LOSSES OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS Lease Agreement with CCA for Community Centers 5 of 26 L Y OF THIS AGREEMENT, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS. OR EMPLOYEES OF CITY. 8.03 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CCA, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT CCA's EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. 8.04 City assumes no responsibility for any property placed on the premises, and CCA expressly releases and discharges City from any and all liability for any loss, injury, or damage to persons or property that may be sustained during the use and occupancy of the demised premises. 9. 9.01 Prior to the time CCA is entitled to any right of access to or use of the Premises, CCA shall procure, pay for and maintain the following insurance requirements. 1. Commercial General Liability (CGL) $1,000,000 each occurrence $2,000,000 aggregate limit Coverage shall include but not be limited to the following: premises operations, independent contractors, products/completed operations personal injury, and contractual liability Insurance shall be provided on an occurrence basis be as comprehensive as the current Insurance Services Office (ISO) policy. 2. Workers' Compensation Statutory limits Employer s liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit 3. Automobile Liability A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non - owned. $1,000,000 each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence GENERAL POLICY REQUIREMENTS The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception... the additional insured requirement does not apply to Workers' Compensation policies • Forty-five (45) days notice of cancellation or non -renewal. It would be to the City's advantage to require the following clause: Lease Agreement with CCA for Community Centers 6 of 23' 2-"-1 Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non renewed, until after forty-five (45) days prior written notice has been given to the City of Fort Worth. • Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. • The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation all insurers must have a minimum rating of A: VII in the current A. M Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. • If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. • "Unless otherwise stated, all required insurance shall be written on the "occurrence basis' If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. • The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by the City's Risk Manager. • The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (days). • The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions limitations or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. INSURANCE CERTIFICATE ATTACHED EXHIBIT H 10. 10.01 CCA agrees that, if it is a charitable organization, corporation, entity or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation from and against liability for damage or injury to property or persons under the provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or other applicable law, that CCA hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against City. Copy of the documentation stating this organization s status is due annually to the address specified for Parks and Community Services in Lease Agreement with CCA for Community Centers 7 of 23` 2 `( Paragraph 21 of this document. 11. 11.01 The doctrine of respondeat superior shall not apply as between CCA and City and nothing contained in this Agreement shall be deemed to constitute City and CCA as partners or joint venturers with each other, nor shall CCA be considered to be an agent, representative or employee of City. CCA shall have the exclusive control of and the right to control its employees and the details of its operation on the Premises and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. 12. 12.01 CCA agrees that, during the use of the Premises, CCA will not subject anyone to discrimination in any way or exclude anyone from the Premises or deny the benefits of the Premises to anyone because of the person's race, creed, color, sexual orientation, gender expression, religion, disability, national origin, age, familial status, transgender, gender identity, or gender expression. 13. 13.01 CCA shall not assign this Agreement nor suffer any use of the Premises other than herein specified, nor sublet the Premises or any part thereof without the written consent of City. If assigned per the written consent of the City, CCA agrees to ensure that any assignee or sublessee will comply with all terms, provisions, covenants, and conditions of this contract Assignment or subletting of this Agreement shall not relieve CCA from any of its obligations under this Agreement. 14. 14.01 In the event CCA fails or refuses to fully perform and satisfy all of its covenants and obligations whether expressed or implied, City may terminate this Agreement enter and obtain possession of the Premises and remove CCA without notice to CCA and without being deemed guilty of trespass and without any liability or penalty whatsoever on the part of the City. Such removal and termination shall not relieve or release CCA from any liability or obligation unto City previously incurred under this Agreement. CCA hereby grants a lien to the City upon all personal property belonging to CCA in or on the demised premises as a possessory pledge to secure the timely performance by CCA of all of its obligations hereunder. In the event of default by CCA, City is and shall be empowered and authorized to seize and hold all of the personal property belonging to CCA in the above - described premises to secure such performance. Pursuant to said seizure, City is authorized to sell same at public or private sale and to apply the proceeds thereof first to pay the expenses of sale and to pay all amounts due the City hereunder, holding the balance remaining, if any, subject any Order pertaining to CCA. A copy of this Agreement shall be the only warrant required. 14.02 City or CCA may terminate this Agreement at any time for any reason upon thirty (30) days written notice delivered to the CCA. Lease Agreement with CCA for Community Centers 8 of2.3 161 14.03 Any failure of City to terminate this Agreement or the acceptance by City of rentals for any period of time after any breach, default or failure shall not be determined to be a waiver by City of any rights to terminate this Agreement for any subsequent breach, default or failure. 14.04 CCA further agrees that it will, following termination or expiration of this Agreement, peaceably deliver up to the City the Licensed Premises and all appurtenances or improvements thereon in a state of good repair, vacant, unencumbered, and in good and tenantable condition. 15. 15.01 This written instrument constitutes the entire Agreement by the parties hereto concerning this Agreement and the Premises and the obligations of the parties and any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. 16. 16.01 This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. 17. 17.01 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors -in -interest and, except as otherwise provided in this Agreement, their assigns. 18. 18.01 This Agreement shall be governed by the laws of the State of Texas and venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. 19.01 If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party s reasonable control (collectively "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion close or postpone the opening of its community centers, parks, or other City -owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. CCA hereby waives any claims it Lease Agreement with CCA for Community Centers 9 of,2'3 25/ may have against the City for damages resulting from any such Force Majeure Event. 20. 20.01 In case any one or more of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this contract shall be considered as if such invalid, illegal or unenforceable provisions were never contained herein. 21. 21.01 All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time -to - time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: D'rector Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 CCA: Robert E. Duke, Jr. President Child Care Associates 3000 E Belknap, Third Floor P.O. Box 7935 Fort Worth, Texas 76111 22. 22.01 By executing this Agreement, CCA's agent affirms that he or she is authorized by CCA to execute this Agreement and that all representations made herein with regard to CCA's identity, address and legal status (corporation, partnership, individual, etc.) are true and correct. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Lease Agreement with CCA for Community Centers 10 of ZY z EXECUTED on this the n day of Dge-thn-v;x7ri , 2013 in Fort Worth, Tarrant County, Texas, to be effective as of the date set forth Section 2. CITY OF FORT WORTH By: an Alanis Assistant City Manager ATTEST: MariJ. ays City Secretary APPROVED AS TO FORM AND LEGALITY T31ter-Nraija6i Assistan,,City Attorney Contract Authorization M&C: C-26005 Date: December 11, 2012 CHILD CARE ASSOCIATES Robert E. Duke, fir. President and CEO f FFICIAL RECORD ' n i'r SECRETARY Lease Agreement with CCA for Community Centers rF 1 a NIORTE9 `ri 11 of 21 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Susan Alanis, Assistant City Manager, of City of Fort Worth, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Fort Worth, and that she executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas and for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed to and sworn before me this .' ,j' . 4'r -s iV-a_-�z �a--t_era .rs..c�....� —� ' ii I }- , re L!NDA M. H{RRL1NGER to ;el . ; r-_• a',, MY COMMISSION EXPIRES . ,. °* A. � f"t; ,1� ` February 2, 2014 i!A'?.._fl.i V iti --0076.17 Watt sir ::.3 STATE OF TEXAS § COUNTY OF TARRANT § day of tQxtrn kLvi, 2013. wthic. OA \AA/L:15\h Notary Public in and for the State of TeAs My Commission Expires: Li BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Robert E. Duke, Jr., President & CEO of Child Care Associates, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Child Care Associates, and that he executed the same as the act and deed of the Child Care Associates, a non- profit entity, for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this // day of /11»eesclei, 2013. LATACHA LEE HANN My Commission Expires September 17, 2017 efar14.-- Notary Public in and for the State of Texas My Commission Expires: /7 e/i Lease Agreement with CCA for Community Centers 12 of 2r3' 11 COMO-,C0MML'/4 ITV- CENTER 4900 HORNE STREET FORT WORTH TEXAS 78107 ii E - EXIT A A - ALIRM PAD O - FIRE EXTINGUISFER o - WATER • • Leased Premises • Lease Agreement with CCA for Community Centers • • ...I MI sum . fat "a • ammina ra` • Exhibit B -; i i WOOS KLIALL3V PIA 32UYO 011HO Leased Premises • .1••••••w • v Z 'I 141I1ISVNYtkO n g o :.s 3 Ps • 3 z C r- ;:•-: •-•• %,‹ 0 -t saes Lease Agreement with CCA for Community Centers 14 of 2i3' 2 Y i mit an-)Q-Z003 02:Sim Fra -IFT ROCS SIDE West Seniors Dinning Rm I\ I 1 Kitchen • r 1 Senior Citizens Building Exhibit C logos emdmi • 117741111 1-lii 1' uutiuut rsil Conntanthi Cavite • Nor ilFront Enti nce 1t =,,_ - r Day Care Area • South/13a * Entrance !Leased Premises Leven a =7Uem+ v�aar i s.•1111•. • Lease Agreement with CCA for Community Centers 15 of 23' f)_ ir • Leased Premises DAY CARE LOCKER ROOM E1MC o u f 1r 1 '1T LOCKER ROOM A TROL • S L1ECHANICAL! A-29 A--29 4 ACTIVITY ROOM WAITING LAB WIC,' MEDIC tsiorgfli i -E +flk COMM tibi; Cievbi4r FLOOR PLAN - POWER SCALE: 1 /84=1 `—Q` • Lease Agreement with CCA for Community Centers SOUTIISIDE COMMUNITY CENTER 959 ROSEDALE 817-871-6605 Af it School Noi Aru rxrt Area xx EXIT XX )PS TI EOM CLINIC ACTIVITY ROOM #3 XX NRDP OFFICES XX xx ACTIVITY ROOM #2 = Handicappcd Accessiblc Exit Centel Exits MIRE ESTINGUISFIER ACTIVITY ROOM l l XX xx 1-5! L EXIT XX 1.rARARY Rosedale EXIT Kitchen 1 •�-- Xx WIIMFN'S RFSrRI) M Youths, Arta I MO, Ji g EXIT ses!waJd pasea��� xx VDT �lu1i onaK Lease Agreement with CCA for Community Centers 00 0 r sas!waJd pascal EX T Head Start Day Care Area WORTH HEIGHTS MULTI -PURPOSE CENTER 3551 NEW YORK AVENUE FORT WORTH, TX 76110 E. Exit • . Fire Extinguisher K: Kitchen S: Storage R: Restrooms 0: Office CR: Ceramic Room ■ : Alarm • • Main Entrance • Exhibit G FACILITIES CLEANLINESS STANDARDS Overview One of the City's Management Priorities and a Strategic Goal of the City Council of Fort Worth emphasize ensuring quality customer service and providing a cleaner more attractive City. Successful efforts will result in a sanitary, safe and pleasant environment for our citizens visitors and employees who come to or work in City facilities. In order to establish general guidelines that will provide direction for our employees and contractors cleaning standards have been developed to address these concerns. The standards are directed primarily at City buildings (example: community centers, public events, city hall, etc.) that are frequented by the general public. These standards are primarily a base and may be enhanced by the Department Head or his/her designee. Standards may also be governed by licensing or professional organization policies. All custodial personnel should be required to participate in effective custodial and product training on a quarterly basis. It is also important to note, that the volume of usage will dictate the frequency of each activity. "Inspect what you expect!" General (for all facilities) Bulletin Boards, Windows and Doors CCA - Daily: • Designated staff conducts inspection of exterior and interior of facility. Inspection should include: Litter Bird and other animal droppings Outdated materials on bulletin boards Brochure/Literature Racks Flyers, notices, etc. inappropriately taped or attached to doors and walls Light bulbs - City Graffiti - City City - Bi-Annually • Wash/clean windows in facilities, inside and outside. Buildings with multiple multi -storied windows (City Hall, Will Rogers, Convention Center, etc.)- contract for professional services Parkins Lots. Garages and Grounds CCA — Playground area - Daily: • Inspect for litter, trash or other debris • Pick up trash, etc. • Empty trash receptacles, replace liners City — All other outside areas of Community Center — Daily: • Inspect for litter, trash or other debris • Pick up trash, etc. Lease Agreement with CCA for Community Centers 19 of?& z `( • Empty trash receptacles, replace liners City - Bi-Annually: • Power wash surface/floors, walls Entrances, Lobbies and Corridors — CCA Leased areas: Daily: Weekly: • Empty waste baskets/receptacles, remove debris, shift and/or replace sand in smoking urns (Note If at all possible, locate smoking area away from the entrance) police entrance for leaves, litter and remove • Dust mop and wet mop tiled areas • Vacuum carpeted areas and mats; remove gum and soiled spots • Disinfect water fountains • Clean entrance door glass • • • • Clean display cases and interior door glass Spot clean walls Dust lobby/reception area furniture, fire closets and extinguishers Restore floor finish on non -carpeted floors Twice Monthly: • Dust high vents, lights, blinds and wall surfaces Restrooms and Locker Rooms — CCA Leased areas: Daily: Weekly: • Empty waste baskets/receptacles and change liners • Restock dispensers: soap, paper towel, toilet tissue and feminine hygiene • Clean mirrors; clean and disinfect urinals and commodes; clean basins; steel and chrome surfaces • Spot wash walls, lockers and partitions • Sweep and wet mop floors with disinfect solution; ensure that the process clean mop • Damp clean and wipe/polish partitions • Pour at least one gallon of clear water down floor drains • Dust wall and ceiling vents • Wipe/clean doors and wall tile Twice Monthly: • De -scale fixtures • Scrub or mop floor thoroughly Offices and Lounaes - CCA Leased areas Daily: Lease Agreement with CCA for Community Centers polish stainless is started with a 20 of 23" Weekly: Monthly: • Empty waste baskets/receptacles inside or placed outside office door • Clean any inner -office restrooms following public restrooms standards • Empty waste baskets/receptacles and change liners • Dust cleared furniture tops, desk lamps and bookshelves • Clean doors, door glass and telephone • Dust mop and wet mop tiled floors • Vacuum and remove spots from carpeted floors, fabric chairs and sofas • Dust coat racks, clocks, window ledges, pipes, vents, blinds and any Connecting vertical and horizontal wall surfaces • Restore floor finish on non -carpeted floors Classrooms, Auditoriums, Libraries and Reception Areas - CCA Leased areas (Classrooms and Reception areas) Daily: Weekly: • Empty waste baskets/receptacles and replace liners • Clean dry erase or chalk boards and trays • Vacuum traffic patterns on carpeted floors; remove gum and soil spots • Dust mop and wet mop tiled floors • Clean glass in doors and partitions • Dust furniture surfaces and damp clean tabletops • Empty pencil sharpeners • Vacuum carpeted areas thoroughly • Clean door surfaces Twice Monthly: • Restore floor finish on non -carpeted floors Monthly: • Dust high vents lights, pipes, blinds and connecting vertical and horizontal wall surfaces • Vacuum upholstered chairs Conference Rooms - City Daily: • Empty waste baskets/receptacles • Clean dry erase and chalkboards and chalk trays Three (3) Times Weekly • Vacuum traffic patterns on carpeted floors and remove gum and soil spots • Dust mop and wet mop tiled floors • Clean glass in doors and partitions Lease Agreement with CCA for Community Centers 21 of» 21 Weekly: • Dust furniture surfaces and damp clean table tops • Empty pencil sharpeners • Vacuum carpeted areas thoroughly • Clean door surfaces Public Stairs — City Daily: Weekly: Monthly: • Dust mop and wet mop • Dust handrails, radiators, window ledges, clean risers and ledges • Dust high vents, lights, pipes, blinds and connecting vertical and horizontal wall surfaces Copy Rooms — City Daily: Weekly: Monthly: • Empty waste receptacles and replace liners • Dust mop tiled floors • Vacuum carpeted floors, remove gum and soil spots • Thoroughly vacuum vents • Clean door surfaces • Dust clocks, window ledges and blinds, restore floor finish on non -carpeted floors Shower Stalls: Community Centers. Other Facilities — City Daily: • Remove foreign matter and soap. Clean disinfect floors • Flush floor with clear water and squeegee dry • Disinfect shower walls • Clean beneath shower mats. Clean and disinfect mats Twice Weekly: • Clean handles, showerheads and other fixture hardware • Scrub and disinfect shower room walls. Remove scum from walls Break Rooms — City If used by CCA staff — dispose of trash, wipe tables, etc. Lease Agreement with CCA for Community Centers 22 of-23q L °� , City - Daily: • • • • Clean tabletops with disinfect Empty waste receptacles and replace liners Dust mop and wet mop tiled areas Vacuum carpeted areas and mats, remove gum and soil spots Disinfect drinking fountains Wipe chairs with damp sponge City - Twice Monthly: • Dust vents, lights, pipes and blinds Gymnasiums, Activity Areas - City Daily: Weekly: Monthly: • Empty waste receptacles and replace liners • Dust mop court floors and spot clean • Dry mop gym floor with recommended product • Clean glass in doors and partitions • Clean and disinfect drinking fountains • Remove gum and soil spots • Dust mop and wet mop tiled floors • Spot clean walls • Vacuum carpeted areas thoroughly • Clean door surfaces • Clean glass in doors and partitions • Vacuum upholstered furniture. Clean all wooden and other furniture • Spray and buff tiled floors; remove scuff marks • Dust or vacuum vents, lights, pipes, blinds, drapes, etc. Lease Agreement with CCA for Community Centers 23 of 21 lett Client#: 68973 Exhibit H 18CHILDCAR ACO:0ITM CERTIFICATE OF LIABILITY INSUHANCE DATE (MM/DD/YYYY) 11/08/2013 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(ies) must 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 Wortham Insurance & Risk Mgt 1600 West Seventh Street Fort Worth, TX 76102-2505 817 336-3030 INSURED Child Care Associates 3000 E. Belknap Street Fort Worth, TX 76111 COVERAGES 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. CONTACT NAME: I PHONE 817 336-3030 E-MAIL ADDRESS: FAX 817-336-8257 INSURER(S) AFFORDING COVERAGE INSURER A : Arch Insurance Company INSURER B : Texas Mutual Insurance Company INSURER C : Philadelphia Indemnity Insuranc INSURER D : INSURER E : INSURER F : NAIC # 11150 22945 18058 INSR LTR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY A A B CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ( PRO- LOC JECT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS X UMBRELLA LIAB EXCESS LIAB X CERTIFICATE NUMBER: REVISION NUMBER: SCHEDULED AUTOS NON -OWNED AUTOS X OCCUR CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below C D&O PHSD807905 ADDL SUBR INSR WVD POLICY NUMBER N POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) NCPKG0013405 12/31/2012 12/31/2013 NCAUT0013405 NCFXS0013400 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 12/31/2012 12/31 /2013I COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 12/31/2012 12/31 /2013I EACH OCCURRENCE TSF0001207158 12/31/2012 12/31/2013 AGGREGATE X WC SU TORY I ITATMITS OTH- ER $ 1,000,000 $100,000 $5,000 $1,000,000 $3,000,000 $ 3,000,000 $ $1,000,000 a $5,000,000 $5,000,000 Is E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT I $500,000 12/31/2012 12/31/2013 5,000/$10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The policy(s) are endorsed with a blanket additional insured endorsement as per the attached Form #00GL0295000209; Waiver os Subrogation WC420304A; Social Services Premier General Liability Enhancement Endorsement #CR20141010; Loss Payable CERTIFICATE HOLDER CANCELLATION City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 ACORD 25 (2010/05) 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4 • a' i sT1 tr B © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD #S415941/M347052 18KKL M&C Review Page 1 of Official site of the City of Fort Worth, Texa CITY COUNCIL AGENDA . in I I -II 1 I L_ J. _I I.. . 1. al t .. I _ . I L . COUNCIL ACTION: Approved on 12111/2012 DATE: 12/11/2012 REFERENCE NO.: **C-26005 LOG NAME: CODE: C TYPr,: CONSENT SU_=JECT: PUBLIC HEARING: Authorize Execution of a Lease Agreement with Child Care Associates to Provide Childcare Services at Various Parks and Community Services Department Facilities (COUNCIL DISTRICTS 2, 5, 7, 8 and 9) 80CHILD CARE ASSOC 2012-2022 NO .1, RECOMMENDATION: It is recommended that the City Council authorize the execution of a lease Agreement with Child Care Associates to provide childcare services at various Parks and Community Services Department facilities. DISCUSSION: For more than two decades, Child Care Associates (CCA) has leased space in the Como, Martin Luther King, Northside, North Tri-Ethnic, Southside and Worth Heights Community Centers (collectively, Community Centers) to operate child day care services for its surrounding communities. Most recently on October 1, 2001, (M&C L-13409) the City Council authorized City Secretary Contract No. 30267 permitting the use of the Community Centers by CCA for a ten-year period beginning on October 1, 2002 and ending on September 30, 2012, with no options to renew. CCA has expressed an interest to continue leasing space at the Community Centers. The proposed lease Agreement will be for a period of five years, with an effective commencement date of October 1, 2012 and expiration date of September 30, 2017, with five one-year renewal options. The proposed annual rental fee for all six Community Centers is in the amount of $34,121.25. The following is a breakdown of rent for each Community Center: (1) Como Community Center - $5,500.47, (2) Martin Luther King Community Center - $4,837.77, (3) North Tri-Ethnic Community Center — $4,925 73, (4) Northside Community Center - $6,000.00, (5) Southside Community Center - $9,633.78, and (6) Worth Heights Community Center - $3,223.50. To address increasing costs of operations, the rental fees shall increase annually based on the annual percentage change for the Consumer Price Index (C P.I.) for Dallas -Fort Worth, Texas Region as published by the U S. Department of Labor, Bureau of Labor Statistics (if this index ceases to be published, then a comparable index). To arrive at the rental amount, Staff performed an analysis of operating costs at each facility and allocated these costs to the various agencies that are leasing space in each facility. Staff then developed a cost allocation based on the percentage allocation of Fiscal Year 2011 actual costs to the Parks and Community Services Department to support each agency's activity. These costs were based on an allocation of actual expenditures for operating supplies (janitorial and cleaning), utilities, building maintenance and repair and custodial for the space each agency occupied in each Community Center The allocated costs for CCA, at 50 percent of actual costs is in the amount of $34,121.25, an increase of $2,222 53 over the $31,898.72 per year that CCA is currently paying. The 50 percent of actual cost assessment is in accordance with previous policy direction issued by the City Council. FORT%b ItfH .J 1 • 1 LL _ I. The proposed lease Agreement would provide for the same type of usage within the Community http://apps.cfwnet.org/council_packet/mc_review.asp?JD 17600&councildate 12/11/2012ncildate=l2/11/2012 12/18/2013 M&C Review Page 2 of Centers. Major provisions of the lease Agreement will include: (1) a five-year primary term with five one-year renewal options, (2) terms and conditions governing the use of the leased space, and (3) standard insurance and indemnification requirements. These facilities are located in COUNCIL DISTRICTS 2, 5, 7, 8 and 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection of all fees due to the City under this Agreement. TO Fund/Account/Centers GG01 465255 0800504 GG01 465255 0800522 GG01 465255 0800523 GG01 465255 0800526 GG01 465255 0800532 GG01 465255 0800535 $9.633.78 $6.000.00 $5,500.47 $4.925.73 $3,223.50 $4,837.77 Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers Susan Alanis (8180) Richard Zavala (5704) Sonia Singleton (5774) http://apps.cfwnet.org/council_packet/mc review.asp?ll)=17600&councildate=12/11/2012 12/18/2013