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HomeMy WebLinkAboutContract 45254 CITY SECRETARY corfrmu No.LEASE AGREEMENT ---LS STATE()FTEXAS 8 COUNTY OFTAR&ANT § THIS LEASE AGB2EEK8ENT ("/\grcemcnt") is entered into hyand 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 /\ssnuiutcu` u Tosuu non-profit entity ("CC/\"), acting by and through Robert E. Duke, Jr., its duly authorized President and CEO. VVHZ8E/\S, since October l, 1909, the City has been leasing space toCC/\ 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 pro@ronn-, WHEREAS, CC& has requested that the City continue leasing the needed space to the CC/\ under new five-year agreement, with five additional one-year renewal options, in order to continue to provide services to children within Tarrant County W145RE/\8, on [)cuernber | i, 2012, the Fort Worth City Council approved M&C L-26005' authorizing this Agreement. NOW, THEREFOR-E, in consideration of the mutual covenants herein expressed, the parties agree as follows: _ 1.01 For and in consideration of the payment o/ the ncnCu| fee set forth and the performance of the agreements herein, City contracts with and does hcs:6y |cuue to CCA^, the nonexclusive use of portions of the following community centers: (u) Como, located ut49O0 Home Street, Fort Worth, Texas 76|O7 (See Exhibit/\); (b) Martin Luther King, Jr, located at 5565 Truman Drive, Fort VVoUb, Texas 76112 (See Exhibit B); (d Nmrthside located at 1100 Northwest 18m Street Fort Worth, Texas 76164 (See Exhibit [1� '` (d) North Td-Ethnic, located at 2950 Roosevelt Avenue, Fort Worth, Texas 76106 (See Exhibit D); (c) Snutbside` k/outod at 959 East N000da|c Street, Fort Exhibit E); and OFFICIA1. RECORD CITYSECRIETARY Lease Agreement with CCA for Community Centers RECE|VFD DEC V67013 FTIRI WORTAU | o[X^ f (f) Worth Heights, located at 3551 New York Avenue, Fort Worth, Texas 76110 (See Exhibit Exhibits A, B, C, D, E, and F, aaached hereto and incorporated herein by reference, more accurately depict the )cusud portions of the respective community centers, which consist of combined total area of approximately 10,011 square feet. The k:usod urcua depicted in Exhibits & through P shall be collectively nc[unnd to herein as "the Premises." 1.02 CC/\ nhu|| use and have access k7 the Premises during weekday hours and for tile purposes set forth in this Agreement and no other use of the Centers by CL/\ shall be pcnmiUzd unless LC/\ obtains prior written approval from the City. 1.03 The option for the addition of new facilities and the dinninudoo of existing facilities will be mutually agreed upon in writing by CCA and City and attached hereto as an amendment to this Agreement. -' 2.01 This Agreement shall hc for un initial Uoon of five (5) years, effective on the Is' day of October 20l2, and terminating on the JO'h day uf September 2Ol7. This Agreement may bc renewed and extended for five (5) additional one year periods hy written mutual consent of the parties. . 3.01 CC/\ agrees {o pay City, uy annual rent for the 2Ul2-|3 |oune year, the sum of$ $34,l2|25 for use of the Premises, which shall be apportioned as follows: (u) Como Community Center $5,500.47 (b) Martin Luther King Community Center $4,837.77 (c) North T,i-Etbnic Community Center $4,925.73 (e) y4orthaidc Community Center $6`000.00 /O Southside Community Center $9,633.70 (g) Worth Heights Community Center $3,223.50 C[A shall pay the full lease amount of $34,12125 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 |euao 1cnm shall be adjusted annually in accordance with the Consumer Price Index for the Fort Worth/Dallas nrouo. Tile full rental fee shall be due and owing on or before the first day of October of each remaining year nf the Agreement. Payment of each annual rental fee abu|| be made x1the following address: City of Fort Worth Parks and Community Services Department Community Services Division 4200 South Freeway, Suite 22OU Fort Worth, Texas 76l |5 or, at any other location so designated by the City's Parks and Community Services Director or his/her designee ("Director"). Lease Agreement with Ccx for Community Centers zvrzo/I 4. 4.01 CC& covenants arid agrees that it shall take tile Premises asCC/\ finds it. CCA agrees that it has examined the Pn:nuiaea prior to the execution m[this Agreement and is satisfied with the phvuiou| condition of the Premises for the purposes related to this Agreement. Taking possession of the Premises by C[& for the use of child care faoUibco xhuU be oouo|uaivn evidence of its receipt of the Premises in u safe, sanitary and u0000tub|e condition and in good repair, except for those conditions that are not in good repair which CC/\ provided City written notice nf arid which City failed 0n reasonably correct. 4.02 CCA covenants and agrees touse the Premises solely for the operation of child care facility for children and further agrees not to obstruct or interfere in any way with the rights o[the City or injure or annoy other tenants o, users of said community centers. 4.03 CC&, at CC&`s nvvn expense, ohuU keep the Premises and maintain all equipment and other properties of the City in u safe, sanitary and acceptable condition and in good repair. CC& ohuU o:xtoo: arid yield said Premises, equipment, and all other properties belonging tothe City back to the City at the expiration or early termination uf this Agreement in good o, better condition as existed at the commencement of this Agreement and in which CC& found them. 4.04 CCA will pay the costs of repairing(to its condition immediately preceding the occurrence ofsuch damage) any damage that may bo done 0o the Premises or any ofthe fixtures, structures, or the natural environment by any act ofCC}\ or any vfCC/\`x employees, agents, officers, or anyone visiting the Premises upon tbe invitation ofCC& including the patrons oFthe activity or function for which CC& is hereby leasing the Premises. City shall determine whether any dannage has been done, the amount of the damage, the reasonable costs of repairing the damage, and whether, under the terms o[the Agreement, theCC& is responsible. City ahu|| be the mo|c judge of the quality of the nouintenumoc and/or damage of the Premises, fixtures, structures, or the natural environment by thnCC/\. 4.05 Any dunnage by the CC& or others incident to the exercise of privileges herein granted nhu|| be repaired or rnp|uoud by the CC& to the vouaonuh|e 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 Pm:nniuns, or the right to enforce all necessary and proper rules for the management arid operation of the ourne. City, through its Manager, Director, police and fire personnel and other designated representatives, has the right at any bnuo to enter any portion of the Premises (without causing or constituting u termination of the use orun interference of the use ofthe Pnonoiyco by the CCA) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct arid operation of the community centers; provided this shall not authorize or empower City todirect the activities ofthe LC/korassume liability for CC&`sactivities. Lease Agreement with cCA for Community Centers 3vr2,5'� 5. 5.01 The City will be responsible for all water, sewer, electricity, gas and waste disposal utility expenses. [CA will be responsible for all communications utility expenses, including local and long distance telephone charges, computer charges, and cable television charges related Lo the use of the utilities bvCCf\. 5.02 Any additional e|ccVioui or utility service required by the [C/\ ehuU be furnished at the sole expense ofCC/\. CC& 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 utthe end of the lease term. 5.03 C[& agrees in 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. CC/\ nhu|| provide all consumable supplies for its un:u, including, but not limited to, soap, paper towels, Loi|ci paper, tomb baggx, and necessary cleaning supplies. CC/\ shall perform orhave performed monthly pest oonbn| and extermination services inside and outside of the Premises. Extermination should be conducted hva State ofTexas licensed contractor and scheduled with LhuCCA Director. All extermination services shall be performed after operating hours when no children are present. 5.04 City sbu|| perform any major cleaning, in accordance with Facility Cleanliness Standards. City shall provide all necessary cleaning supplies for these m jorc|euning standards. 6. 6.01 CC& xhuU comply with all federal, state, and ioou| 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 Fin: 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 CC/\ 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. & minimum nf one week's notice is required for use of other areas, conference rooms, gymnasiums, etc. 6vCC/\ for special events. This istoensure the availability o[tile area and to prevent scheduling conflicts. 6.03 [[& will not door suffer to bn done anything on said Premises during the term of this Agreement in violation of any such laws, statutes, ordinances, rules, regulations, charter provisions, directives orrequirements. lf the City calls the attention ofCC/\ to any such violation on the part ofsaid CC/\ orany person employed by or admitted to said Premises hyCC&, CC/\ will immediately desist from and correct such violation and/or vacate the Premises. 6.04 CC/\ agrees that neithsrCC&, nor its officers, agents, employees, licensees, invitees orpatrons shall make any unlawful, improper, or offensive use u[the Premises o,any part thereof. Lease Agreement w.thocA for comMun.tyCenters *v/2-3'�Y 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 ofZ/-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 2-;r Z:-'f Example: "This insurance uhuU 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 nf rights of recovery (ouhrngation) in favor of the City o[Fort Worth. • The insurers for all policies must be licensed/approved to do business in the State nfTexas. Except for workers' nompcnsudon, all insurers must have minimum rating of/\: VII in the current &. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk MuougcmonL 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 iarequired. Excess Liability shall follow form of the primary coverage. • "Unless otherwise stated, all required insurance shall be written on the "occurrence hasis'"". If coverage is uodonwrittenouuu|uimm'mnudebosio, therctrouctivoduteyhu]| beooincidentwithorpriortothedateoftho contractual agreement and the oediOuutn of insurance shall state that the coverage is c|uinon'madc and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) ycum following completion of the service provided under the contractual agreement orfor the warranty period, whichever is longer. An uunuu| oedifioaic of insurance submitted to the City shall evidence such insurance coverage. • The deductible orself-insured retention (SIFl) affecting required inouruncecoveru�e shall bc acceptable to and approved in writing by the Risk Manager of the City of Fort VVuub in regards to uoact value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools orrisk retention groups, must also approved hy 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 bythe City bused upon changes in statutory law, court decision or the claims history ofthe industry uswell as of the contracting party tn the City of Fort Worth. The City shall be required to provide prior notice ofninety (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 ur 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 |O. 10.01 CC/\ agrees that, if it is u charitable organization, corporation, cohLy or individual enterprise having, claiming or entitled 0o 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. Q.C` § 84.001 u1 seq., or other applicable )uvv that CC/\ hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against City. Copy o[the documentation stating this organization's status is due umuua||y to the address specified for Parks and Community Services in Lease Agreement with CCx for Community Centers 7or213-2^/ Paragraph 2lo[this document. | | \i.O| The doctrine of respondeat superior shall not apply as between CC& and City and nothing contained in this Agreement sha|| be deemed to constitute City and CCA as partners or joint venturers with each other, nor ahu|| CC& be considered to be an agent, representative or employee of City. [C/\ ahuU 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 CC/\ agrees that, during the use ofthe Premises, CCAwill not subject anyone iodiscrimination in any vvuy or osuiudm anyone from the Pnomimoa or deny the benefits of the Premises to anyone because of the person's race, u,ucd` color, scuuu| orientation, gender expression, religion, disability, uu1ionu| origin, age, familial mtatus, bunugender, gender identity, or gender expression. |3. 13.01 CC& yhu|| not assign this /\orommcnt 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, CC/\ agrees to ausu,o 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 CC/\ from any nf its obligations under this Agreement. 14. 14.01 In the event CC/\ fails or refuses tofully perform and satisfy all Vf its covenants and obligations, whether expressed or implied, City may terminate this Agreement, enter and obtain possession of the Premises and ponnovc CC/\ without notice to CCf\ and without being decnned guilty of trespass and without any liability or penalty whatsoever on the part of the City. Suob removal and termination shall not relieve 0rrelease CC/\ from any liability or obligation unto City previously incurred tinder this Agreement. CC/\ hereby grunts u |icu to the City upon all personal property belonging toCC/\ in or on thedeouimed premises as possessory pledge to secure the timely perfhmuuuoo by CC/\ of all of its obligations hereunder. In the event of default by CC/\, City is and shall be empowered and authorized to seize and hold all of the personal property belonging toCC/\ in the above- described premises to secure such performance. Pursuant to said seizure, City is authorized to ae|| xunuc at public or private nu|e 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 CC/\. A copy of this Agreement shall hc the only warrant required. 14.02 City or CC/\ may terminate this Agreement at any time for any reason upon thirty (30) days written notice delivered to the CC/\. Lease Agreement with cCx for Community Centers oof'JO /+ 14.03 Any failure o[City totenuinutethis Agreement oc the acceptance kv City of rentals for any period ofbrne after any breach, default Or failure shall not be determined to be u vmimx by City ofany rights to terminate this Agreement for any subsequent breach, default mfailure. 14.04 CCA further agrees that it will, following termination or expiration of this Agreement, peuoeuh|v deliver up to the City the Licensed Premises and all appurtenances or improvements thereon in u 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 orcontemporaneous oral orwritten agreement that purports to vary from the terms hereof shall bnvoid. |h. 16.01 This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made u part of this Agreement. |7. 17.01 This Agreement shall be binding upon and inure to the benefit of the pudicm hereto and their respective heirs, executors, administrators, (ogu| representatives, successors-in-interest and, except as otherwise provided in this Agreement, their assigns. !&. )#.O| 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. )9. 19.01 If either Party is unable, either in whole orpart, to fulfill its obligations Linder this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; vvuo; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the 0ujtod States or of any ab*he; declaration of state of disaster or of emergency by the federal, state, oounty, or City government in accordance with upp|iouh|e law; issuance of an Imminent Tbn:ui Alert or Elevated Threat &|sd 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 rcaicuiotm; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (oo||ooiive|y, "Force M jcuroEwent"), theuh|igotionssouMected by such Force M jeure Event will be Suspended only during the continuance of such event. If Force M jeure Event occurs, the City may, in its sole discretion, close orpostpone the opening nfits community centers, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate 1hcru as the City sees fit. CC& hereby waives any o\uimm it Lease Agreement with cc*for Community Centers 9 vQ;^v may have against the City for damages resulting from any such Force M jeurrEvont. 20. 20.01 In cumc any one or more of the provisions contained in this Agreement are held to be invalid, i||cgu|, or unenforceable in any respect, such invalidity, illegality, or unonfvrccobi|ity 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. 2|. 21.01 All notices required or permitted under this Agreement may be given to upurty personally orhv mail, addressed to such party utthe address abated below or to such other address asone party may from dme-to- dnne notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail oo addressed with postage prepaid: Director Parks and Community Services Department 420O South Freeway, Suite 2200 Fort Worth,Texas 76l |5 Robert E. Duke,Jr. President Child Care Associates 3000 E. Belknap,Third Floor P.(}. Box 79}5 Fort Worth, Texas 7h| ll 22. 22.01 By executing this Agreement, CC/\`s agent affirms that heorshe in authorized byCC/\ to execute this Agreement and that all ropn:scotudonu made herein with regard to CC&`s identity, address and |e8u\ status (corporation, partnership, individual, ntc]are true and cooroC [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Lease Agreement with ccx for Community Centers |nv/2xz� EXECUTED on this the day of , 2013 in Fort Worth, Tarrant County, Texas, to be effective as of the date set forth Section 2. CITY OF FORT WORTH CHILD CARE ASSOCIATES By: �' By- (1 an Alanis Robert E. Duke,4r. Assistant City Manager President and CEO OA ATTEST: City Secretary r g APPROVED AS TO FORM AND LEGALITY T al Assista tAttorney Contract Authorization M&C: C-26005 Date: December 11, 2012 OFFICIAL RECORD R Lease Agreement with CCA for Community Centers 1 l of 2'S' { STATE()FTEXAS 8 COUNTY OFT&RBANT 8 BEFORE ME, the undersigned, u Notary Public in and for the State of Texas, on this day personally appeared Susan /\|unio, Assistant City Manager, n[City ofFort Worth, known to me to be the person and nfOocc whose name is auhaorihcd to tile foregoing instrument and acknowledged tomothat the same was the act ofthe said City o[Fort Worth, and that she executed the same um the act and deed of the City nf Fort Worth, umunicipal corporation of Tarrant County, Texas and for tile purposes and consideration therein expressed, and in the capacity therein stated. Subsodbcdtu and svvonnbefore mnthis /l� day of 2013. Notary Public in and for tile State of T61 Or�10 ?q EWRB My Commission Expires: STATE 0FTEXAS 0 COUNTY DFTAARANT 8 BEFORE ME, the undersigned, u Notary Public in and for the State of Texas, on this day personally appeared Robert E. Duke, Jr., President& CEO ofChild Care &axooia1co, known to me to be the person and officer whose name is suhscdbsd to thn foregoing instrument and acknowledged to me that the same was the act ofthe said Child Care Associates, and that he executed tile same as the act and deed of the Child Care Associates, mnon- profit entity, for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn ho before mo this/�- -da�of �Ai3� Notary Public in and for the State of Texas My Commission Expires: My Gommission Expires] September 17, 2017 17 �2 kor Lease Agreement with ccA for Community Centers |z^ras/` Exhibit A ................... .. ............... .......... ................."I .......... 53 m 7K,") 77") "_.............. ......... ............ .........j (""T Lease Agreement with CCA for Community Centers 13 of 28' Exhibit B PYIMOfOVI�WI i,NIINPNV�NWPUNiVWUiW9Hi9�NINVI iLW�UVfMUIWIWDf01UII�U��(NUllilil�W9NNW9VflM !�N1�Y� ' 1J i � mew If H 1 7.� q Ifs �y *" Ww IIIDUIUYJp!WIIY1gM0RM rfI mr�mWw�uwiu� iuoum , � �J d r r� r+rr?a'i I �ww IYk18�7Gd�dr rr+ rn„,Rdr7GWrw,� �+wr��J9,�6MYdw1Y�'VV�' f �i�IW�'� f Cl t ,,",,u lyn �wr � t J / d f rf '"%” lr " ^ VYF'M9GIM711(IMIGIIXPNWM J yy �' J 1061Pd!/Nd�(AlIIABS n, All, 1 41 Pit, WTU t r r !i �r Lease Agreement with CCA k'or Community Centers 14 of Y Exhibit C I o� .d Imo® � �` ri � ,r �� �a Dinning off; i t �� mv��". �Y.rnm»;rrmma,o .�.. ' uimwrrwxxw�r qq � p� wwmmmmry�� m+w.u.um.wmwJ a�wmmlWiil�w'wt�armrwx�wiwwmmw.mmm Y; '' �� e umwuuwvnnnn.fl �� Day C.'are Ars' L..�r � ... "i° rrit Senior " �sr�arr�� r� Lease Agreement with CCA for Community Centers 15 of 23' { Exhibit D 2„ ," ,;, I ' 1 —1..,�o, IIIY A x f M�� P 7, fly i r l i r; r�r L i t If f J J f Lease Agreement with CCA for Community Centers 16of'13 ^/ Exhibit E "fl.... .� x 6 ` ,w�� �x t I qr, wnw nnwwmwwjL...o ,mmw ooai... b f air e.r, i I n p, g ill I. �* < IS Y 1 ~ Ch Ner " , W a r �.... .,..,. r „ , Lease Agreement with CCA for Community Centers 17 of2'� 'Ly Exhibit F M r% ZW ua 'f fua W, INO " ,Nw �� � f �w ft lira a io « CL t N M Lease Agreement with CCA for Community Centers 18 of 25 Y 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 Parking 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 190f],* ly • Empty trash receptacles, replace liners City - Bi-Annually: • Power wash surface/floors, walls Entrances, Lobbies and Corridors —CCA Leased areas: Daily: • 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 Weekly: • 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- 0 Dust high vents, lights, blinds and wall surfaces Restrooms and Locker Rooms — CCA Leased areas: Daily: • 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; polish stainless steel and chrome surfaces • Spot wash walls, lockers and partitions • Sweep and wet mop floors with disinfect solution; ensure that the process is started with a clean mop Weekly- • 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 Lounges - CCA Leased areas Daily: Lease Agreement with CCA for Community Centers 20 of 21' 2"i • Empty waste baskets/receptacles inside or placed outside office door • Clean any inner-office restrooms following public restrooms standards Weekly: • 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 Monthly: • 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: • 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 Weekly: • 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 201Y Weekly: ° Dust furniture surfaces and damp clean table tops • Empty pencil sharpeners • Vacuum carpeted areas thoroughly • Clean door surfaces Public Stairs —City []@i|V: • Dust mop and wet mop Weekly: • Dust handrails, radiators, window ledges, clean risers and ledges Monthly: ° Dust high venLg. |ighte, pipeS, blinds and connecting vertical and horizontal wall surfaces Copy Rooms — City Daily: • Empty waste receptacles and replace liners • Dust mop tiled floors • Vacuum carpeted floors, remove gum and soil spots Weekly: • Thoroughly vacuum vents • Clean door surfaces K8Onth|y� � Dust clocks, window ledges and b|inds, neotmna floor finish on non-carpeted MonnS Shower Stalls: Community Centers, Other Facilities —[ity 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 Txvioa Weekly: • Clean hmnd)es, shmxverheada and other fixture hardware • Scrub and disinfect shower room vxa||o Remove scum from vva||o Break Rooms —City If used by CCA staff—dispose of trash, wipe tables, etc. Lease Agreement with ccx for Community Centers 22 vr-2a�f 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: • 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 Weekly: • 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 Monthly: • Dust or vacuum vents, lights, pipes, blinds, drapes, etc. Lease Agreement with CCA for Community Centers 23 of 21 Client#: 68973 Ex' ,dbi(" H 18CHILDCAR DfYy ACORD- CERTIFICATE OF LIABILITY INSURANCE =013 YY) 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 I CONTACT NAME: Wortham Insurance&Risk Mgt PHONE FASO ' No_Ext:817 336-3030 I(,vc,Nb) 817-336-8257 1600 West Seventh Street E-MAIL Fort Worth,TX 76102-2505 ADDRESS; 817 336 3030 IN AFFORDING COVERAGE NAIC#11 �a INSURER Texas Mutual Insurance 111150 INSURED INSURER e,:,...philadel Philadelphia Indemnity Company 122945_ Arc insurance Co Child Care Associates nit Insuranc 18058 3000 E. Belknap Street INSURER C P Y INSURER D ................_..._..... Fort Worth,TX 76111 ... INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSR ADDL SUBR ---"""--- POLICY EFF POLICY EXP — "-"....... w. ...._ ,,,,,, LTR TYPE OF INSURANCE LIMITS -......_..- _...... .....,GNSR WVD POLICY NUMBER (MM/DDI(Y (MM/DDIYYYYJ „ A GENERAL LIABILITY NCPKGO013405 12/31/2012 12/31/2013 EACH OCCURRENCE $1000000 DAMAGE T?RENTED Xi COMMERCIAL GENERAL.LIABILITY PREMISE an ccurrence) $100,000 7`— CLAIMS-MADE Al OCCUR MED EXPJ Any one person) $ OtlO .........� ... ,,,, ,,, ,,, ,,, PERS O NAL&,ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP(OPAGG ,000,000 1 r n $3, 0 POLICY[ , PET LOC $ A AUTOMOBILE LIABILITY NCAUT0013405 12/31f2012 12/31/2013 COMBI COMBI NdED EDtZ SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Fer person) $ ALL I AUTOS OWNED SCHEDULED I BODILY INJURY(Per accident) $ UTOS X MIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident ,.....�. ---- _ ...... ........ ....... ,..,_.,.., -,, A UMBRELLALIAB OCCUR NCFXS0013400 12/31/2012 12131/201 EACH OCCURRENCE $5000000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE s5,000,000 DED ......,, L,RETENTION$ _._ $ _ B WORKERS COMPENSATION TSF0001207158 12131/2012 12/31/2013 X,.I Jnpy L M TS F I_Ea AND EMPLOYERS'LIABILITY ' - --- ANY PROPRIETORIPARTNER/EXECUTIVE F.L.EACH ACCIDENT s500000 ((Mand tory in OFFICER/MEMBER XCLUDED9 1 ri.� NIA E.L.DISEASE-EA EMPLOYEE s500,000__ If yes,describe under DESCRIPTION OF OPERATIONS below F_.L.DISEASE-POLICY LIMIT $,SOO,OOO C D&O PHSD807905 12/31/2012 1213112013 5,0001$10,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I 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 #OOGLO295000209; Waiver os Subrogation WC420304A; Social Services Premier General Liability Enhancement Endorsement#CR20141010; Loss Payable CERTIFICATE HOLDER CANCELLATION City of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton ACCORDANCE WITH THE POLICY PROVISIONS, Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S415941/M347052 18KKL M&C Review Page 1 of 2 CITY COUNCILAGENDA F.RTW)Rn COUNCIL ACTION: Approved on 12/1112012 DATE: 12/11/2012 REFERENCE NO.: **C-26005 LOG NAME. 80CHILD CARE ASSOC 2012-2022 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: 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) 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. The proposed lease Agreement would provide for the same type of usage within the Community http:llapps.cfwnet.org/council_packet/mc_review.asp?ID=17600&council date=12/11/2012 12/18/2013 M&C Review Page 2 of 2 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 FROM Fund/Account/Centers GG01 465255 0800504 $9,633.78 0001 465255 0800522 $6,000.00 GG01 465255 0800523 $5,500.47 GG01 465255 0800526 $4,925.73 GG01 465255 0800532 $3,223.50 0001 465255 0800535 $4,83T77 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc—review.asp?ID=I 7600&councAdate=J 2/11/2012 12/18/2013