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HomeMy WebLinkAboutContract 46865 LEASE AGREEMENT CITY SECRETAR CT CONTRACT NO. STATE OF TEXAS § COUNTY OF TARRANT § 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 Youth Advocate Programs, Inc., a Texas non-profit entity ("YAP"), acting by and through Gary Ivory, National Director of Program Development, its duly authorized Southwest President. WHEREAS, YAP provides youth and their families with intensive wraparound services in their homes, school and community, providing guidance, case management, crisis intervention services , skill development, educational and vocation work to children in the neighborhoods and surrounding areas of the City of Fort Worth community centers; WHEREAS, YAP has requested that the City lease the needed space to the YAP under a new two-year agreement, with two additional one-year renewal options, to provide administrative offices for North Tarrant County staff and advocates. 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 YAP, the nonexclusive use of portions of the Northside Community Center, located at 1100 Northwest 18"' Street, Fort Worth,Texas 76164 (See Exhibit A); Exhibit A, attached hereto and incorporated herein by reference, more accurately depict the leased portions of the Northside Community Centers, which is approximately 2,184 square feet. The leased areas depicted in Exhibit A shall be collectively referred to herein as"the Premises." 1.02 YAP 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 YAP shall be permitted unless YAP 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 YAP and City and attached hereto as an amendment to this Agreement. 2. 2.01 This Agreement shall be for an initial term of two (2) years, effective on the 1St day of October 2014, and terminating on the 30"day of September 2016. This Agreement may be renewed and extended for two (2) additional one year periods by written mutual consent of the parties. Lease Agreement with YAP for Northside Community Center OFFICIAL RECORD 1 of 14 CITY SECRETARY FT. WORTH, TX P� PM 1 2 d coUN N o co �-- W ----j o S n: � 3. 3.01 YAP agrees to pay City, as annual rent for the 2014-15 lease year, the sum of$ $3,603.60 for use of the Premises, which shall be apportioned as follows: YAP shall pay the full lease amount of $3,603.60 within sixty (60) days from the date of execution of this Agreement. 3.02 The rental fee rate for all rental terms following the 2015-16 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"). 4. 4.01 YAP covenants and agrees that it shall take the Premises as YAP finds it. YAP 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 YAP for the use of administrative office 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 YAP provided City written notice of and which City failed to reasonably correct. 4.02 YAP covenants and agrees to use the Premises solely for the operation of administrative offices 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 YAP, at YAP'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. YAP 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 YAP found them. 4.04 YAP 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 YAP or any of YAP's employees, agents, officers, or anyone visiting the Premises upon the invitation of YAP including the patrons of the activity or function for which YAP 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 Lease Agreement with YAP for Northside Community Center 2 of 14 damage, and whether, under the terms of the Agreement, the YAP 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 YAP. 4.05 Any damage by the YAP or others incident to the exercise of privileges herein granted shall be repaired or replaced by the YAP 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 YAP) 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 YAP or assume liability for YAP's activities. 5. 5.01 The City will be responsible for all water, sewer, electricity, gas and waste disposal utility expenses. YAP 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 YAP. 5.02 Any additional electrical or utility service required by the YAP shall be furnished at the sole expense of YAP. YAP 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 YAP agrees to maintain the Premises in accordance with the Facility Cleanliness Standards set forth in Exhibit B, which is attached hereto and incorporated herein for all purposes, as it pertains to the Premises. YAP shall provide all consumable supplies for its area, including, but not limited to, soap, paper towels, toilet paper, trash bags, and necessary cleaning supplies. YAP 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 YAP 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 Exhibit B Facilities Cleanliness Standards. City shall provide all necessary cleaning supplies for these major cleaning standards. 6. 6.01 YAP 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 Lease Agreement with YAP for Northside Community Center 3 of 14 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 YAP 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 YAP for special events. This is to ensure the availability of the area and to prevent scheduling conflicts. 6.03 YAP 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 YAP to any such violation on the part of said YAP or any person employed by or admitted to said Premises by YAP, YAP will immediately desist from and correct such violation and/or vacate the Premises. 6.04 YAP agrees that neither YAP, nor its officers, agents, employees, licensees, invitees or patrons shall make any unlawful, improper, or offensive use of the Premises or any part thereof. 6.05 YAP 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. YAP 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. YAP 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF YAP, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,INVITEES,LICENSEES,OR PATRONS. 8.02 INDEMNIFICATION. YAP 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 Lease Agreement with YAP for Northside Community Center 4 of t4 HIND 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 IIARM 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 YAP 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, SERVAi`:TS, EMPLOYEES, OF THE CITY. YAP 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 OF THIS AGREEMENT, WHETHER ARISEVI G- 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, YAP, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT YAP's EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. 8.04 City assumes no responsibility for any property placed on the premises, and YAP 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 YAP is entitled to any right of access to or use of the Premises, YAP 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 Lease Agreement with YAP for Northside Community Center 5 of 14 $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: 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). Lease Agreement with YAP for Northside Community Center 6 of 14 0 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 AS EXHIBIT C 10. 10.01 YAP 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 YAP 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 Paragraph 21 of this document. 11. 11.01 The doctrine of respondeat superior shall not apply as between YAP and City and nothing contained in this Agreement shall be deemed to constitute City and YAP as partners or joint venturers with each other, nor shall YAP be considered to be an agent, representative or employee of City. YAP 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 YAP agrees that, during the use of the Premises, YAP 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, religion, disability, national origin, age, familial status, transgender, gender identity, or gender expression. 13. 13.01 YAP 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, YAP 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 YAP from any of its obligations under this Agreement. 14. 14.01 In the event YAP 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 Lease Agreement with YAP for Northside Community Center 7 of 14 remove YAP without notice to YAP 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 YAP from any liability or obligation unto City previously incurred under this Agreement. YAP hereby grants a lien to the City upon all personal property belonging to YAP in or on the demised premises as a possessory pledge to secure the timely performance by YAP of all of its obligations hereunder. In the event of default by YAP, City is and shall be empowered and authorized to seize and hold all of the personal property belonging to YAP 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 YAP. A copy of this Agreement shall be the only warrant required. 14.02 City or YAP may terminate this Agreement at any time for any reason upon thirty(30) days written notice delivered to the YAP, and a prorated reimbursement of rent for the remaining pre-paid term shall be provided by City to YAP, provided that no default exists under this Agreement at the time of termination 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 YAP 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. Lease Agreement with YAP for Northside Conummity Center 8 of 14 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. YAP hereby waives any claims it 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: Director Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 YAP: Gary Ivory, Southwest President Youth Advocate Programs Inc—Corp. HQ 2007 N 3`d St Harrisburg, PA 17102 Lease Agreement with YAP for Northside Community Center 9 of 14 22. 22.01 By executing this Agreement, YAP's agent affirms that he or she is authorized by YAP to execute this Agreement and that all representations made herein with regard to YAP's identity, address and legal status (corporation,partnership, individual, etc.) are true and correct. EXECUTED on this the­Lay of 2015 in Fort Worth, Tarrant County, Texas, to be effective as of the date set forth ection 2. CITY OF FORT WORTH TARRANT COUNTY YOUTH ADVOCATE PRO By: 5ZBy: Sus)n Alanis c Stottlemyer 11 sistant City Manager ATTEST: J. Kay er $ U o®� City Secretary $o o y 9 oQo 0%aa000 io yriZ APPROVED AS TO FORivi AND L fill A 1� Lill /I ann D. Guzman Assistant City Attorney ( � ? 2, Contract Authorizatioa Date OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Lease Agreement with YAP for Northside Community Center 10 of 14 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 day of 2015. MX.0 L1NpA M.H1RRLINGER Notary Public iTeas and for the State of Tes IY COMMISSION EXPIR Fears a ES ry 2,20113 My Commission Expires: STATE OF PENNSYLVANIA § COUNTY OF DAUPHIN § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Rrckoxd L o ` LL Eb of Youth Advocate Programs, Inc., known to me to be the person and off er whose na e s subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Youth Advocate Programs, Inc., and that he executed the same as the act and deed of the Youth Advocate Programs, Inc., 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 X11 2015. CgMIOfNYEAUH OF KNNbUMM no�NOTARUU.SEAL JOSHUA 0 MUMAIN Notary lic in and for the State of Texas Notary Pubk PITY OF HARRISBURG,OAUPHIN COUNTY My CoinrMssion Expires Apr 9,2019 My Commission Expires: Lease Agreement with YAP for Northside Community Center 11 of 14 Exhibit A The Premises Lease Agreement with YAP for Northside Community Center 12 of 14 Northside COMMUNITY CENTER N 1100 NW 18TH STREET, FORT WORTH TX. MAPSCO 62J W E 817-871-5820 817-871-5824 FAX S SUPERVISOR: Abel Gonzalez Legend ©Fire Extinguisher CENTRAL OFFICE l0 Exit Doors AREA Ei Breaker Box OUtility Shut Off Dance Computer �co� Room Lab �o A Lobb �. . a C, storage Storage Gym C4 Hazardous ® w Chemical North Facility " Storage South Section Electric Breaker 3 �r•.a.� cAr KITCHEN Work out room Wa�n'.R�av� TCAP LEASE AREA Lobby Senior Citizens Lobby 13 KITCHEN DAYCARE RESTROOMS Exhibit B FACILITIES CLEANLINESS STANDARDS City shall be responsible for the cleaning and maintenance of the following: • Bulletin Boards, Windows and Doors • Parking Lots, Garages and Grounds -- II other outside areas of Community Center • Entrances, Lobbies and Corridors • Restrooms and Locker Rooms • Offices and Lounges • Classrooms, Auditoriums, Libraries and Reception Areas - • Conference Rooms • Public Stairs • Copy Rooms • Shower Stalls: Community Centers, Other Facilities • Break Rooms(YAP responsible for cleaning if used by YAP staff) • Gymnasiums, Activity Areas Lease Agreement with YAP for Northside Community Center 13 of 14 Exhibit "C" Insurance Certificate Lease Agreement with YAP for Northside Community Center 14 of 14 YOUTH-1 OP ID:JW CERTIFICATE OF LIABILITY INSURANCE 0913Q 014 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE BOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be ondorsed. If SURROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an ondorsomont. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s. PRODUCER Phone:717-756-9266 CONrA„AME CT Barbara Golden E K.McConkey 8 Co.,Inc. Fax:717-755-9237 PHONE 717-606-0109 F 2655 Kingston Rd.,Suite 100 Arc NII,717-766-9237 York,PA 17402 „o�9S;b olden kmcconke .com Michael C.Harter,AIC,AIM INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:Phoenix Insurance Co. 25623 INSURED Youth Advocate Programs Inc INSURER B:Philadelphia Indern nk Ins Co 18068 2007 N 3rd Street PO Box 950 INSURERC: Harrisburg,PA 17108-0960 1 INSURER 0: 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 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. LTR I ADD SUOR POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE i 1,000,()001 DAMAGE TO RENTED B X COMMERCIAL GENERAL LIABILITY X X PHPKI212301 08/1512014 01/15/2015 PREMISES Eaowwwoe i 1,000,00 CLAIMS-MADE a OCCUR MED EXP Arty one person) $ 20,00 X Blank-Contractual PERSONAL&ADV INJURY $ 1,000,00 L1abl*-$IMMI GENERALAGGREGATE i 3,000,00 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG i 3,000,000 POLICY PRO- X LOC i AUTOMOBILE LIABILITY COMBJES SI 19000,00 B X ANY ALTO X X PHPK1212301 08/1512014 08116!2015 BODILY INJURY(Par person) i ALLOWNED SCHEDULED BODILY INJURY(Per aoddw4 i ALTOS AUTOS HRED AUTOS ON-OWPED PRC ERTY DAMAGETOS ( i 3 X UMBRELLA LUIB X OCCUR EACH OCCURRENCE S 10,000,00 B EXCESS LNB CLAIMS-MADE PHUB469412 08/15/2014 0811512016 AGGREGATE S 10,000,00 DED I X I RETENTION 10000 $ WORKERS COMPENSATION X I WC STATU- I OTH- AND EMPLOYERS'LIABILITY A ANY PROPRIETOFWARTNERIEXECUTTVE YIN[--I X TRNUB3610112414 01/24/2014 0112412016 El.EACH ACCIDENT Is 1,000,00 OFFICER,MEMBER EXCLUDED? N I A (MaaddoryIn NH) E.L.DISEASE-EA FMPLOYEd i 1,000,00 DRyECIbelndat E.L. VSEASE-POUCYLIMTT SON 1,000,0 B Professional Llab PHPK121230i 08/15/2014 08/15/2015 1,000,000 3,000,00 B xual Abuse/Moles PHPK1212301 08/1512014 08/1512015 1,000,000 3,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(AWch ACORD 101,AddFtlonal Ronaks EeheduK N Mon M we Is rrquhad) 1100 NW 18th Street, Annex D, Ft. Worth, TX 76106. The City of port Orth, its Officers, Zimployees and Volunteers are included a■ Additional Insured with regard to Auto and General Liability but only when required by written contract. Waiver of Subrogation applies with regard to Auto and Gneral Liability and Workers Compensation. V CERTIFICATE HOLDER CANCELLATION COFFRTX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE VVITII THE POLICY PROVISIONS. Parks and Community Srvcs Dept Community Services Division AUTHORIZED REPRESENTATIVE 4200 South Freeway,Suite 2200 Fort Worth,TX 76116 ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010106) The ACORD name and logo are registered marks of ACORD I M&C Review Page 1 of 2 Official CITY COUNICILAGENDA FonVlorl♦ COUNCIL ACTION: Approved on 9/16/2014 DATE: 9/16/2014 REFERENCE NO.: **C-26982 LOG NAME: 80YAP LEASE-NS- 2014 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Lease Agreement with Youth Advocate Programs, Inc., for Office Space in the Northside Community Center Located at 1100 Northwest 18th Street (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of a two-year Lease Agreement with Youth Advocate Programs, Inc., for office space in the Northside Community Center located at 1100 Northwest 18th Street, Fort Worth, Texas 76164, with options to renew for two additional one-year periods. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of a Lease Agreement (Lease) with Youth Advocate Programs, Inc. (YAP), for office space in the Northside Community Center(Center) located at 1100 Northwest 18th Street. The proposed Lease will allow YAP to administer school support services for North Fort Worth youth who may have academic, behavioral, familial or other challenges that pose a barrier to their academic achievement. The YAP receives funding from the Fort Worth Independent School District. There will be one full-time director and one part-time office manager from the YAP at the Center. In addition, YAP will employ seven to eight advocates that will use the office weekly for general clerical tasks. Eligible students must attend one of the following schools in the Fort Worth Independent School District: J.P. Elder Middle School, Northside High School, Meacham Middle School and Diamond Hill-Jarvis High School. Each referred student receives five hours per week of support in the home and community by a highly skilled and trained advocate. Advocates work with the youth and family on goals in their individualized plan. Plans focus on both the needs and strengths of the students and their family and are developed and implemented with the support of the YAP team. Each student also participates in a nine week evidence-based curriculum called Peaceful Alternatives To Tough Situations (PATTS). The lease area will be approximately 2,184 square feet. The initial term of the lease will be for two years, effective beginning on October 1, 2014 and terminating on September 30, 2016, with options to renew and extend for two additional one-year periods upon written mutual Agreement of the parties. Rent for the 2014-2015 year will be in the amount of$3,603.60. The rental fee for 2015- 2016 and all renewal terms will be adjusted annually in accordance with the Consumer Price Index for the Fort Worth/Dallas area. The project is located in COUNCIL DISTRICT 2, Mapsco 48Z, 62J and 62K. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20272&councildate=9/16/2014 6/30/2015 M&C Review Page 2 of 2 TO Fund/AccountlCenters FROM Fund/AccountlCenters GG01 465255 0800522 $3,603.60 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Sonia Singleton (5774) ATTACHMENTS lttp://apps.cfwnet.org/council packet/mc review.asp?ID=20272&councildate=9/16/2014 6/30/2015