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08-26-2008 CC Rpt A07 COUNCIL AGENDA STAFF REPORTR-rix_ F,,iffivirErLy 41. Meeting Date: August 26, 2008 2008 AUG I 9 AM 9: 02 ;:--3,;02'.'•••4, . ..,...,, -,.---„,, Public Hearing: D --:-f.---, Discussion Item: V OFFIC , ,ITY CLERK •':'.:i4-:..-.7,4 .......,,,,.,.. Consent Item: CiiC.J HILLS DATE: August 19, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: TINY TOTS PROGRAM AGREEMENT WITH VILLAGE OAKS CONDOMINIUM COMPLEX RECOMMENDATION: doAuthorize the execution of an agreement with Village Oaks Condominium Complex for use of the recreational facility at 15826 High Knoll Drive for the purpose of conducting a City-sponsored Tiny Tots program. BACKGROUND/ANALYSIS: The City's Recreation Division has conducted a Tiny Tots program in the Village Oaks Condominium Recreational Facility since September of 1993. The Recreational Facility includes a kitchen, restrooms, and an enclosed outdoor playground in which to provide a safe, fun, and educational environment for the children enrolled in Tiny Tots. The term of the agreement is from September 1, 2008 through August 31, 2009. As part of this Agreement, the City agrees to pay a fee at a rate of$45 per day, which is an increase of $10 per day. A total fee of$6,750 is an increase of$1,500 from fiscal year 07/08. The City utilizes Village Oaks 150 days per year. Tiny Tots continues to be a popular program offered by the Recreation Division with an estimated attendance of 200 participants per session. REVIEW BY: This item has been reviewed by the Finance Director and Contract Administrator. tip n 7 AGENDA DATE: August 26, 2008 PAGE TWO SUBJECT: TINY TOTS PROGRAM AGREEMENT WITH VILLAGE OAKS 41111 CONDOMINIUM COMPLEX FISCAL IMPACT: The Tiny Tots Program is a self-supporting program, which has been included in the approved FY 2008/09 budget. R-spectfully submitted, Recommended by: Adf- Dou,'IM N. La Belle, City Manager Michael S. Fle er Community Services Director DLB:MSF:cm:cfc Attachment • 41P 0 CITY OF CHINO HILLS LICENSE AGREEMENT FOR USE OF THE RECREATIONAL FACILITY AT THE VILLAGE OAKS CONDOMINIUM COMPLEX This License Agreement ("License") is dated as of September 1, 2008 by and between Village Oaks Inc. (Licensor") and the City of Chino Hills ("Licensee"). Licensor hereby agrees to License Licensee for the use of the Recreational Facility at 15826 High Knoll Drive, Chino Hills, California commonly known as the Village Oaks Tiny Tots location under the following terms and conditions: 1. This Agreement is valid for up to one, one-year term upon mutual written consent by both parties. A 60-day notification will be given prior to the start of the September 1, 2009 Tiny Tot session by the Licensee to the Licensor regarding the termination/extension of agreement for the upcoming year. 2. Licensee agrees to utilize the said premises for use only by the City of Chino Hills Community Services Department's community programs. Any other use of the premises is absolutely prohibited. If Licensee desires to alter the above referenced use, this License may be terminated upon Licensor's request. • 3. Licensee shall pay to Licensor the following sums per day for use of the Recreational Facility: License Period Rate Initial Payment Due September 1, 2008 through August 31, 2009 $45 October 1, 2008 Such sums shall be due twenty (20)days after billing by Licensor. A $25 late charge will be assessed for all late payments and a $25 fee will be charged for any checks returned for insufficient funds. The Chino Hills Recreation Manager or his designee will provide the Licensor an annual schedule of use prior to August 1 each year. It is estimated that the Licensee will use the Recreational Facility 150 days in one year of the contract. 4. The Licensee is responsible to provide tables, chairs, and supplies for any programs to be coordinated at the Recreation Facility. The License Fee set forth above only includes the use of the Recreational Facility (which shall be maintained in a good working condition), maintenance,janitorial services, and 41P all utilities. Janitorial services shall be defined as the following: a.) Daily trash removal b.) Daily vacuuming c.) Daily bathroom cleaning d.) Daily supply stocking e.) Professional carpet cleaning on a quarterly basis 40111 5. The Licensee will provide to Licensor, proof of their membership in the California Joint Powers Insurance Authority (CJPIA) that indicates participation in the following self-insurance and loss pooling programs which are administered by the CJPIA for its members: General (and Automobile) Liability Program Limit: $50 Million per occurrence Aggregate Limit: $50 Million Workers Compensation Program Statutory Benefits Employer's Liability: $10 Million 6. Licensee shall indemnify, defend and hold harmless the Licensor, its officers, officials, employees, agents, and volunteers from and against any error in judgment and any and all claims, loss, damage, liability or, other expenses, including attorney's fees, for injuries to persons, damage to property, or other monetary liability arising from or connected with the negligence, gross negligence and/or willful misconduct of the Licensee, its officers, officials, employees, agents, volunteers, guests, and participants. • 7. Licensor shall indemnify, defend and hold harmless the Licensee, its officers, officials, employees, agents, and volunteers from and against any error in judgment and any and all claims, loss, damage, liability or, other expenses, including attorney's fees, for injuries to persons, damage to property, or other monetary liability arising from or connected with the negligence, gross negligence and/or willful misconduct of the Licensor, its officers, officials, employees, agents, volunteers, guests, and participants. 8. In the event of any action or proceeding to enforce this License, whether by judicial or non judicial means, the prevailing party shall be entitled to recover from the other its reasonable attorney's fees and expenses in connection therewith. 9. This Agreement cannot be assigned or transferred and does not inure to the benefit of any successors and/or assigns of any party. 10. The Agreement herein specified is based upon the mutual consent of each party hereto and either the Licensor or the Licensee may terminate the relationship between them for any reason upon 30 days written notice, and the Licensor shall refund any prepaid license fees on a pro-rata basis. This at-will relationship cannot be altered, changed, or modified in any manner whatsoever without the express written authorization of the Licensor. 4IP • 11. The representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given are as follows: a. The principal representative of the Licensee shall be City Clerk City of Chino Hills 2001 Grand Avenue Chino Hills, CA 91709 b. The principal representative of the Licensor shall be: 12. This Agreement contains the completely final, entire, and exclusive agreement between the parties with respect to the subject matter hereof, and • no waiver, alteration, or modification of any of the provisions hereof or rights to act hereunder shall be binding unless in writing. Any attempted modification, amendment, or alteration in violation hereof shall be void. IN WITNESS WHEREOF, each of the parties hereto has caused the Agreement to be executed in its name of its behalf by a duly authorized officer as of this day and year first above written. LICENSEE: LICENSOR: City of Chino Hills Village Oaks Inc. Curt Hagman, Mayor Village Oaks Representative Date: Date: ATTEST: APPROVED AS TO FORM: • Mary McDuffee, City Clerk Mark D. Hensley, City Attorney Date: Date: