CITY OF MERCED
AGREEMENT FOR USE OF
MCNAMARA YOUTH CENTER BY
LIFELINE CDC
THIS AGREEMENT ("Agreement") is made and entered into this _day of 2025, by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18th Street, Merced, California 95340, (hereinafter referred to as "City") and LifeLine CDC, a nonprofit, whose address of record is 731 E. Yosemite Avenue, Suite B #165, Merced, CA 95340, (hereinafter referred to as "Provider").
RECITALS
A. City is the owner of the Central Youth Center building located at 1040 Canal St Merced CA 95341 in the City of Merced, the County of Merced and the State of California ("hereinafter "Community Center"); and,
B. City's Director of Parks & Community Services ("Director") or Director's designated representative ("City REPRESENTATIVE") is charged with the administration of the Agreement; and
C. City is desirous of utilizing the Community Center in a manner which Will benefit the citizens of the surrounding community; and, D. City recognizes the important role that nonprofit and charitable organizations play in assisting the public by providing important services and programs to the public; and,
E. City desires to open the Community Center to one or more nonprofit or charitable organizations with strong community ties for the purpose of providing a variety of important programs and services to the public, and to the youth of Merced; and,
F. Provider is a Nonprofit Organization that is recognized as tax-exempt under Section 501, subdivision (c)(3) of the Internal Revenue Code; and,
X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 1 G. Provider desires to provide Community Services at the Center in accordance with this Agreement, and due to the level of the negotiated Community Services, as consideration for this Agreement, City will not charge any fees as may otherwise be due under the Facility & Field Fee Schedule.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the City and Provider do hereby agree as follows:
1. DEFINITION OF FACILITY. The leased premises consist of the certain building known as the McNamara Community Center which is located at 1040 Canal St, Merced, California. Said premises are hereinafter referred to as the "Facility."
2. FACILITY. The City hereby authorizes Provider to use the Facility which is situated in the City of Merced, County of Merced, State of California, together with all improvements thereon and appurtenances thereto, and subject to the conditions set forth herein, the nonexclusive right of Provider and its officers, employees, business invitees, customers and patrons, of access to and from Facility.
3. TERM. The term of this Agreement shall be for a maximum period of 3 years with potential to extend 2 additional years unless extended otherwise. The Agreement Term shall commence upon July 1, 2025 and shall continue until June 30, 2028.
4. OPERATION OF CENTER. Provider's use of the Facility shall be subject to the following conditions:
a. City grants permission to Provider to conduct the Community Services during the term of the Agreement and pursuant to the terms of this Agreement.
b. Provider shall have primary responsibility for the opening, closing, locking and arming the security system, if applicable, of the Center.
Provider will have sole responsibility for the reasonable care and security of the Center, except when the Center is used by the City. c. Provider will not suffer nor allow Center, nor any portion of Center, to be used for any purposes other than those specified and authorized by the terms of this Agreement or in writing by the City Representative.
Provider understands that City may take reservations and book persons or X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 2 groups in the Center during available hours, and Provider shall not interfere with such other activities in the Center as described in Exhibit A- Program Proposal & Scope of Services. Provider will ensure all documentation related to their operation, both physically or electronically are kept secure and safely put away outside of program hours. d. Provider acknowledges and agrees that City has the right to make the Center available for reservation and use by the public and for City programs at all times outside of the approved hours of Providers programs. See Exhibit "A"
e. City shall retain all revenues from additional bookings such as but not limited to special events, short rentals, or joint use cohosted events sponsored by the City and another outside organization. City agrees that Provider may assess fees for participation in the approved Community Services held by Provider at the Center provided that no interested public participants shall be denied participation because of inability to pay such assessed fees. City reserves the right to disallow any fees assessed for participation in Provider programs and activities which the City deems to be excessive. Provider is herein authorized to retain such collected fees.
Any facility use outside of the operating hours approved for programming by the Provider shall be subject to Facility Use Fees established in City's Facility & Field Fee Schedule.
f. Provider further agrees that an accounting detailing fees and charges, revenues and expenditures may be requested by a City Representative on an annual basis as described in Exhibit B- Reporting Requirements & Progress Report Template.
g. Provider understands and agrees that the permission granted herein by the City to Provider to use and occupy the Center is contingent upon the Center being City-owned property in a safe and usable condition and that if, at any time during the term of this Agreement, the Center should no longer be City-owned property or should become unsafe or unusable for any cause or if City terminates for any other reason, City shall have no obligation to provide other facilities. Provider further affirms and acknowledges that Provider has no relocation rights with respect to the Center or the Community Services if this Agreement is terminated for any reason.
h. Provider understands that nothing herein obligates the City to provide any funding to Provider in the operation of any program within the Center. Furthermore, nothing herein grants Provider any priority or X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 3 special consideration from the City when the City is considering the distribution of grant funding to nonprofits and similar entities.
5. LICENSE RIGHTS/NOT A LEASE. The rights granted to Provider under this Agreement are non-exclusive license rights only and in no respect shall be the same constitute or be construed as assignment of a leasehold or other interest in the property described in this Agreement.
6. NONEXCLUSIVE USE. During the term of this Agreement, and any renewal hereof, Provider shall have the nonexclusive shared use of the Facility for the purpose of providing a variety of programs to the community as set forth in Exhibit "A" attached hereto, or for any other programs or activities that provide a beneficial social, recreational or educational value to the community. Provider will have the nonexclusive shared use of the Facility with the City of Merced. Provider shall not commit or permit any act or acts in or on the Facility or use the Facility or suffer it to be used in any manner which will cause a cancellation of any fire, liability, or other insurance policy covering the Facility or any part thereof.
City specifically reserves the right to use the Facility for City or City-sponsored events for the benefit of the public. In the event that City desires to use the Facility, it will provide City and all other Leasing Entities with at least ten (10) days' notice of such intended use. City use of the Facility shall take priority over all other Leasing Entities, including Provider.
OVERSIGHT OF THE OPERATIONS OF THE FACILITY BY
CITY. In exchange for the use of the Center as set forth herein, Provider agrees to provide, at a minimum, the community services identified on Exhibit A- Program Proposal & Scope of Services. Provider acknowledges that this Agreement provides Community Services and programs that primarily benefit Merced residents which shall be identified in the Scope of Services to this Agreement.
NO RESPONSIBILITY. City is entering into a Agreement for the nonexclusive shared use of the Facility with Provider for the purpose of allowing these organizations to provide a variety of community programs, activities, services and classes for the benefit of the public. City is NOT RESPONSIBLE for any items, property or belongings left in or around the Facility by Provider, individuals, members of the public as a result of the Providers use of the Facility.
City will not be providing any security or other oversight for any items, property or belongings brought into or left in or around the Facility.
X: Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 4 9. MONITORING AND REPORTING. Provider agrees to provide the reports and records as follows:
a. Provider shall furnish data, statements, records, information, and reports necessary for City to monitor, review, and evaluate the performance of the Provider as described in Exhibit B- Reporting Requirements & Progress Report Template
b. Provider agrees to report activity progress on a quarterly basis of the fiscal year as described in Exhibit B- Reporting Requirements & Progress Report Template.
c. Provider agrees that at any time during normal business hours, and as often as may be deemed necessary, City or its authorized representatives shall have access to and the right to examine its offices and facilities engaged in performance of this Agreement and all its records with respect to all matters covered by this Agreement.
10. PROGRAM COORDINATION. Provider's use shall be subject to the following coordination
a. Provider shall provide City with the contact information for Provider's Program Director upon execution of this Agreement. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Program Director, Provider shall notify City Representative immediately of such occurrence. Provider's staff shall cooperate fully with City staff with respect to all matters related to this Agreement.
b. Provider's staff shall attend monthly meetings as required or requested by City Representative, or such other person as may be designated by City Representative.
c. Provider shall be solely responsible for the recruitment, training, supervision and compensation of Provider's employees, including Program employees assigned to provide community services. Provider shall be solely responsible for the recruitment, training and supervisions of volunteers to assist in the operation of the community services.
11. COMPLIANCE WITH LAWS/BACKGROUND CHECKS/REPORT
OF CHILD ABUSE. Provider shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government regulations including all requirements regarding persons who work with minors, and further:
X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 5 a. Provider shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of Provider' business
b. Provider shall be responsible for, without limitation, of any other provision herein, if the services provided hereunder:
1. Involve direct contact with minors or if minors are supervised as a part of the services provided hereunder; or
2. If services provided hereunder include services in the human services field and involve the care and security of children, the elderly, the disabled, or the mentally impaired, then Provider represents and warrants to City that prior to services being provided hereunder by any personnel or volunteers retained by Provider that the Provider has or will conduct a criminal background check as provided in California Penal Code Section 11105.3, as well as an FBI criminal database background check and, has or will verify prior to services being provided that the personnel or volunteers do not have any criminal record for the offenses listed in California Penal Code Section 11105.3, which include, certain offenses related to the possession or use of controlled substances, sex offenses or any criminal offense involving violence.
d. Provider shall comply with the provisions of the Child Abuse and Neglect Reporting Act, California Penal Code Section 11164 et seg. e. Provider shall also request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
12. INVENTORY AND USE OF EQUIPMENT. City may agree to make available to Provider, at City's sole discretion, certain City-owned equipment and furnishings for Providers use in the conduct of the Community Services. An inventory of such City-owned equipment and furnishings in the Center, as of the effective date of this Agreement, is included in Exhibit C - Building Condition Report. Provider agrees to maintain all City equipment and furnishings in good condition and working order and to return same to City on termination of this AGREEMENT in the same condition as when received by Provider, reasonable wear and tear excepted. Provider agrees to reimburse City for any and all repairs made necessary to any or all of City's equipment and furnishing except that occasioned by such reasonable wear and tear. Provider further agrees to maintain X: Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx all such equipment and furnishings in good and safe working condition and not to permit the use of such equipment and furnishings unless so maintained.
13. UTILITY SERVICES- WATER, WASTE, SEWAGE, AND
ELECTRICITY. City shall be responsible for up to $5,000 annually for the cost of utilities (water, waste, sewage, gas and electricity). Provider agrees to reimburse City any cost for utilities above the allocated $5,000 annually. City will provide monthly expense updates to Provider to assist in tracking utility expenses for the year. City agrees to provide outside garbage and refuse containers at the Center for the deposit of refuse collection services. In addition, it is further agreed:
a. Provider shall be responsible for responding to alarm calls at all times throughout the 24-hour day.
b. Provider, at Provider's sole cost and expense, shall arrange and pay for the monthly telephone, cable and Internet service charges at the Center.
Any equipment installation required of the contract to obtain the service at the Center shall be approved by the City prior to installation coordination by the Provider.
14. REPAIRS AND MAINTENANCE. Provider has inspected the Center and agrees to use and occupy the Center in "as-is" condition as of the date of this Agreement. Any costs of maintenance and repair incurred by City beyond normal wear and tear or caused by misuse or negligence of Provider (including Provider's agents, subcontractors, invitees, and employees) shall be billed by City to Provider.
Provider shall make payment to the City within thirty (30) days after City's billing for any of the aforementioned costs which are to be borne by Provider. a. City shall provide and pay for building maintenance and repair of the Facility, including, but not limited to, the structure, exterior roof, and exterior side walls.
Provider can individually provide (pay for) janitorial services..
Provider agrees to clean up the facility after each time it uses the Facility or any portion thereof.
15. ALTERATIONS AND IMPROVEMENTS. Provider shall have the right to make alterations and improvements to the Facility subject to the following terms and conditions:
a. No alterations or improvements made by Provider shall in any way impair the structural stability of the Facility or diminish the value of the property; b. Any and all alterations or improvements shall be first approved in writing by the City, but said approval shall not be unreasonably withheld by City; X: Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 7 C. All alterations and improvements made to the Facility shall become the property of the City and shall remain on and be surrendered with the Facility at the expiration or sooner termination of this Agreement or any renewal or extension of this Agreement.
d. Provider's personal property and its trade fixtures, including machinery, equipment, and furnishings, shall remain the property of Provider and may be removed by Provider. Any personal property, trade fixtures, or equipment not removed by Provider within thirty (30) days after the termination of this Agreement or any extension thereof, shall automatically become the property of the City. Provider shall repair any damage to the Facility caused by Provider's removal of its personal property, trade fixtures, or equipment, but Provider shall have no obligation to remove such items from the Facility at any time.
16. MECHANICS LIENS. The City and Provider agree to keep the Facility free from any and all claims of persons or firms or corporations who, at the request of City or Provider or their employees or contractor, furnish labor or materials to or for the benefit of the Facility and City and Provider further agree to hold each other harmless from any and all claims.
17. RESERVED.
18. INSURANCE. Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with Provider's operation and use of the leased premises and Facility. The cost of such insurance shall be borne by the Provider. The insurance coverage shall be at least as broad as:
(1) Insurance Services Office ('ISO") Commercial General Liability coverage (occurrence form CG 00 01);
(2) Worker's Compensation Insurance as required by the State of California and Employer's Liability Insurance;
The Provider shall maintain limits no less than:
Commercial General Liability:
X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 8 (1) $1 million per occurrence and $2 million general aggregate for bodily injury, personal injury, death (including accidental death) and property damage; and,
(2) Statutory Workers' Compensation Insurance and Employer's Liability Insurance for all persons employed directly or indirectly by Provider.
The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease-each employee. The policy shall provide and be endorsed with a waiver of subrogation.
The insurance shall:
(1) Insure against all liability of Provider and its authorized representatives arising out of or in connection with Provider's use or occupancy of the Facility.
(2) Insure performance by Provider of the indemnity provisions of paragraph 25.
(3) Provide and be endorsed naming the City as an additional insured using ISO form CG 20 10 (or equivalent).
(4) Shall allow and be endorsed primary and non-contributory. (5) Coverage shall allow and be endorsed to include a waiver of subrogation in favor of the City.
(6) Provider shall provide a minimum of thirty (30) days written notice to the City Clerk of City before cancellation or change in the coverage, scope, or amount of any policy. The mailing address for the City Clerk's Office is:
City of Merced
Attn: City Clerk
678 West 18th Street
Merced, California 95340
X: Agreements Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.doex 9 The Provider shall furnish a Certificate of Insurance and policy endorsements with the City Clerk evidencing the aforesaid coverage prior to the commencement of the Agreement Term. Provider shall also annually furnish copies of Certificates of Insurance and policy endorsements to the City Clerk upon renewal of the insurance required by this section throughout the duration of the Agreement Term or any extension thereof.
Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Provider.
20. EXTERIOR SIGNS. Any and all signs or advertisements of any nature extending into, on, or located over the Facility, shall conform to all City of Merced, California, zoning and building codes and shall be approved by City in writing prior to construction, use, or erection thereof. Approval by City shall not be unreasonably withheld, as to location, graphics type, content, architectural or engineering standards.
21. TAXES. The terms of this Agreement may result in the creation of a possessory interest. If such a possessory interest is vested in a private party to this Agreement, the private party may be subjected to payment of personal property taxes levied on such interest. Provider shall be responsible for the payment of, and shall pay before they become delinquent, all taxes, assessments and fees assessed or levied upon Provider or the Facility, or any interest therein, including, but not limited to, buildings, structures, fixtures, equipment or other property installed, or constructed thereon. Provider further agrees not to allow such taxes, assessments or fees to become delinquent and as such to become a lien against Facility or any improvement thereto. Nothing herein contained shall be deemed to prevent or prohibit Provider from contesting the validity or amount of any such tax, assessment or fee in the manner authorized by law.
The obligation to make any payments pursuant to this Section shall survive the expiration of the term of this Agreement, provided Provider's obligation arose out of or is equitably allocable to the period covered by this Agreement.
X: Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 10 Unless otherwise provided by this Section, the Provider shall pay the City any other taxes, assessments, or tees, which the City may become obligated to pay in connection with the ownership or maintenance of the Facility.
22. ASSIGNMENT. Provider shall not encumber, assign, sublet, or otherwise transfer this Agreement.
23. TERMINATION OF AGREEMENT. The City may terminate this Agreement an time by mailing a notice in writing to Provider that the Agreement is terminated. Said Agreement shall then be deemed terminated and no further work shall be performed by Provider.
24. RELIGIOUS/ POLITICAL ACTIVITIES
1. Provider shall not inhibit or promote religion during the use of any free use period provide hereunder. Free use for Community Services is subsidized by the City and must not be used to convey a religious message.
2. Provider shall not provide any free use period for Community Services at the Center for political advocacy efforts, whether for or against a political candidate, ballot measure or bill.
3. Notwithstanding the foregoing, many City community centers including the Center are available for reserved use by the public subject to the City's application process and payment of the City's standard fees and charges, for lawful events and activities, without regard to the user's viewpoint or message.
25. COMPLIANCE WITH LAWS. During the term of this Agreement and any renewals hereof, Provider shall promptly execute and comply with all Federal, State, County, and City statutes, ordinances, regulations, laws, or other requirements including, but not limited to those applicable to the occupancy of the Facility, the operation of the Facility as a youth center, or those applicable to the organization entering into this Agreement.
26. SEVERABILITY. No waiver of any breach of any covenant, condition or stipulation hereunder shall be taken to be a waiver of any succeeding breach of the same covenant, condition or stipulation.
X: \Agreements/Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 11 27. BINDING EFFECT. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, administrators, successors and assigns.
28. SURRENDER. Provider agrees to take good care of the Facility and to commit no waste and suffer no injury to be done to the same, and to return the possession of the same to City at the expiration of the term, in as good condition as at the commencement of this Agreement, normal wear and tear, unavoidable accidents and damage by casualty excepted. If Provider fails to surrender the Facility upon the expiration or termination of this Agreement, Provider shall indemnify and hold the City harmless from all liability and expense resulting from the delay or failure to surrender, including, without limitation, claims made by any succeeding tenant founded on or resulting from Provider's failure to surrender.
29. INDEMNITY. Provider shall indemnify, defend (with legal counsel selected by City) and hold harmless, City and its officers, employees and agents from any and all claims or demands, actions, damages, costs and expenses for injuries to persons or property arising out of the negligence or improper acts or omissions of Provider, its agents, officers or employees which are connected with or incident to Provider's operations, use or occupancy at or of the Facility or Provider's sublease of the Facility, or occurring on the Facility during the term of this Agreement or any time of occupancy of the Facility by Provider and/or Provider's sub-Provider, including claims, liabilities, and actions based upon nuisance or inverse condemnation. Upon demand from City, Provider shall, at its own cost and expense, indemnify, protect, defend (with legal counsel selected by City), and hold harmless City and its officers, employees, and agents against any and all such liabilities, claims, demands, actions, losses, damages, and costs. It is understood and agreed that the duty of Provider to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Provider from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall survive the termination of this Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Provider acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
30. NOTICES. All notices and other communications contemplated shall be in writing and shall be deemed given when personally delivered or received by X: Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 12 mail, and shall be personally delivered or mailed by certified mail, return receipt requested, with postage and fees paid, as follows:
City: City of Merced
c/o City Manager
678 West 18th Street
Merced, CA 95340
Copy to: City Attorney
City of Merced
678 West 18th Street
Merced, CA 95340
Provider: CDC
731 E. Yosemite Avenue, Suite B, #165
Merced, CA 95340
31. ENTIRE AGREEMENT. All preliminary and contemporaneous agreements and understandings are merged and incorporated into this Agreement which contains the entire agreement between the parties. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto.
32. RECORDS. It is understood and agreed that all files, studies, financial records, computer records, data and other papers, etc., in possession of the Provider relating to the matters covered by this Agreement shall be the property of the City and Provider agrees to deliver same to the City upon request or upon any termination of this Agreement. Provider shall also prepare any reports regarding expenditures and performance required by the City.
33. COMMUNICATION. Provider shall document their programming efforts and report to the Recreation and Parks Commission on a quarterly basis and City Council on an annual basis. Progress Report Templates are included as Exhibit C
34. CONTRACT REVIEW. Throughout the term of this Agreement, each year of the Agreement Term, City's staff and the staff of Provider will meet to discuss the Agreement with the Provider to determine if there are any changes or modifications that the parties believe should be made. If there are proposed changes, they can be brought before the City Council prior to the start of the new fiscal year.
X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 13 35. USE OF CITY NAME AND LOGO. All notices, pamphlets, press releases, research reports, and similar documents or oral reports prepared and released by Provider for activities being held at the Facility shall include the following statements: "This activity is funded in part by the City of Merced" with City of Merced logo affixed thereto to recognize the financial contribution of the City.
36. MISCELLANEOUS.
(a) Attachments, Headings, Terms. All attachments referred to herein are hereby incorporated by reference into this Agreement. The headings and underscorings contained herein are for convenience purposes only and shall not be used to interpret nor be deemed to extend or limit the specific sections. The work or words enclosed in quotation marks shall be construed as defined terms for purposes of this Agreement. The terms "City" and "Provider" shall be construed to mean, when required by the context, the directors, officers, employees, invitees, contractors, materialmen, servants and agents of City and Provider. (b) Attorney's Fees. If either party named herein brings an action to enforce the terms of this Agreement or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable attorney's fees to be paid by losing party as fixed by the court. (c) Execution and Delivery. This Agreement shall not be binding nor confer any rights upon either party unless and until executed and mutually delivered by and between both parties.
(d) Relationship of Parties. This Agreement does not create the relationship of principal and agent or a partnership or joint venture, or of any association other than that of City and Provider.
(e) Time of Essence. Time and specific performance are each of the essence of this Agreement.
(f) Choice of Law. City and Provider understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of the Agreement without regard to any applicable conflicts of law, including matters of construction, validity, and performance.
X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 14 (g) The parties agree that jurisdiction and venue for any legal challenge to the provisions of this Agreement or the enforcement of the rights or obligations hereunder shall be brought in the state Superior Court in the County of Merced. (h) This Agreement contains the complete, final, entire, and fully integrated understanding and agreement between the parties hereto. All prior negotiations, understandings, writings, and oral agreements pertaining to the subject matter hereof are superseded by this Agreement. No covenants, agreements, representations, or warranties of any kind whatsoever have been made by any party hereto, except as specifically set forth in this Agreement. All prior discussions, negotiations, and understandings have been and are merged and integrated into, and are superseded by, this Agreement. (i) This Agreement may be amended only in writing, signed by the City and Provider.
) This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. In addition, each party has been represented by experienced and knowledgeable legal counsel in the negotiation and drafting of this Agreement. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived. (k) Failure of any party to insist upon strict observance of, or compliance with, all of the terms of this Agreement in one or more instances shall not be deemed a waiver of that party's right to insist upon such observance or compliance with the other terms of the Agreement. The mere passage of time, or failure to act upon a breach, shall not be deemed as a waiver of any provision or term of this Agreement.
This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
(m) The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 15 execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder. (n) Any and all exhibits which are referred to in this Agreement are incorporated herein by reference and are deemed a part of this Agreement.
This Agreement may only be amended by formal written agreement executed by both parties.
Exhibit A- Program Proposal & Scope of Services
Exhibit B - Reporting Requirements & Progress Report Template Exhibit C - Building Condition Report
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be fully executed on the date first herein written.
CITY OF MERCED
A California Charter Municipal Corporation
BY:
D. Scott McBride
City Manager
X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 16 :
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
3Y: Craig Cornwell 66-16-2025
ity Atterne Date
ACCOUNT DATA:
M. VENUS RODRIGUEZ, FINANCE OFFICER
BY:
Verified by Finance Officer
{Signatures continued on next page}
X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 17 PROVIDER:
LIFELINE COMMUNITY
DEVELOPMENT CORPORATION, a
nonprotit
BY: Monika Grasley
Its: Executive Diedor
Taxpayer I.D. No. 74-3236209
ADDRESS: 73| E Yosemite Aur Ste B#165
Merced CA 95340
TELEPHONE: 209201 290S
FAX:
EMAIL:
X: \Agreements\Parks & Recreation\2025\City of Merced Community Center Use Agreement-LifeLine.docx 18 EXHIBIT A- Program Proposal & Scope of Services
X: Agreements\Parks & Recreation\2023\City of Merced Community Center Use Agreement 10.24.23.docx 19 Request For Interest- McNamara Youth Center
Announcement-City of Merced Parks & Community Services is calling for interested parties to respond to a request for interest in programming to be offered at McNamara Youth Center. Programming should aim to accomplish the mission of the Parks & Community Services Department:
To plan, facilitate, promote, maintain, and develop activities and facilities that enhance the quality of life in Merced.
Applicants are encouraged to read the Request For Interest before submitting their application to ensure responses are thorough. Applications will be reviewed on four criteria; program structure (10 points), program overview (10 points), program objectives, activities, and link to neighborhood needs (20 points), and the understanding of monitoring and evaluation methods to measure program success and identify barriers (10 points). If more room is needed to answer questions, please attach additional pages with reference to which section the narrative is addressing.
PROGRAM STRUCTURE (10 points)
Applicant Organization LifeLine CDC- Asset Based Community Development Type of Organization
(circle one) V 501C(3) Gov't/Public For Profit Other
Mission of the Org. "Empowering under-resourced neigbhorhoods to thrive" Primary Contact Monika Grasley
Members of Board or
Commission Billie Razzari, Steve Roussos, Adolphus Speights, Peggy Hsu, Amanda Foster, Lisa Maples, Org. Address 731 E Yosemite Ave Ste B # 165, Merced CA 95340 Org. Phone Number 209-201-2905
Org. Email [email protected]
Tax I.D. number 74-3236209
PROGRAM OVERVIEW (10 points)
Name of Program to be
Implemented
Population(s) to be Preschool Children (0-5) / Elementary Children (6-11) Served Middle School Youth (12-14) / High School Youth (14-18) Days, Times & Significant Weekdays Weekends Student Breaks Occasions Program will
be open to Community Mornings (8am- 2pm) / Afternoons (2pm- 6pm) Evenings (6pm-8pm) (check those that apply)
Anticipated Start Date
Staffing/ Fumishing/ & How many staff will be on site when open to public? What equipment will be used to furnish the Maintenance plan for the facility? What can the program commit to regarding facility maintenance? Youth Center
feLine CDC will provide the inital staffing of 1-2 people to engage the community and then partne ith other youth serving partners such as Steady Studios and Central Valley Pride to facilitate vou activities with 1-2 staff members of their own.
Staff training requirements
for program (required LifeLine CDC provides in house training for our staff around Asset Based training/ certification) Community Development. LifeLine CDC collaborates with partners to expand their knowledge and skill for training on youth activities.
Proposed participant fee No cost to community members.
for program (daily, weekly,
monthly, yearly)
PROGRAM OBJECTIVES, ACTIVITIES AND LINK TO NEIGHBORHOOD NEEDS AND INTERESTS (20 points) Objective(s) to be met for What will participants experience because of your program? program participants LifeLine CDC has been working in under-resourced neigbhorhoods for the past 17 years. Our Asset Based Community Development approach focuses on engaging community members in change by 1. mapping the assets of the community, 2. engaging with community members around their dreams and passions and then 3. work with community members who care enough to act to accomplish things that benefit the community. As such community members will experience wrap around services to help them move out of poverty. This will include a partnerships with Steady Studios and other youth service providers to provide quality youth engagement in the community.
Services to be Offered to What activities, actions, or services will ensure the program meets the objective(s)? Achieve Objectives) The first 6 months we will have conversations with community members, walking the community and maybe having some focus groups to see what community members would like to see happening. Youth activities will be offered by trained staff, community members, and partner youth serving organizations to ensure quality after school programs.
Meeting Neighborhood Explain why these services will be of interest to the residents within the area of McNamara Park. Hov Need and Interest 1o you plan on recruiting participation for the program As mentioned above we use an Asset Based Community Development approach, believing that community members are at the center for change and that we will need to build good, deep relationships with community members first to ensure that this has long lasting impact. We will walk the neighborhood, talk with key stakeholders, learn about things that have been done in the community and engage in what is already going on, from there we will address the issues that community members want to addresss.
EVALUATION/ MONITORING METHODS (10 points)
Output & outcome What program efforts will be used to evaluate effort (output)? How will the program track these measures of evaluation to efforts? What will be used to indicate if the program was a success for participants? Please explain be used how the program will measure the outcomes (impact on participants).
We recognize that changes takes time, and we know that it is easy to count numbers but that it is more important to see long lasting changes in the a neighborhood. We are using a program called "Charity Tracker" to track some of the outcomes we hope to see to move people out of poverty.
Reporting Requirements- What benefits do you see in attending monthly meetings with Parks & Community Services Monthly meetings with Department and providing quarterly (once every 3 months) activity reports to the Recreation and Parks & Community Parks Commission?
Services and completions Working together, learning from each other, and holding each other of quarterly reports for accountable is an important part of seeing a successful community.
Recreation and parks
Commission
Financial stability- utility The city allocates $7,500 to utility expenses annually for McNamara Youth Center. What steps will the budget & material and program take to stay within its utility budget? Should the program exceed the annual allocation, how supply expenses will it cover the overage? Lastly, how will the org, cover the cost of materials and supplies while also keeping services free or low cost for residents?
LifeLine has a long history in our community to work with under-resourced communities and we will apply for grants as well as indiviual donations to make it happen.
Additional programs Briefly describe other current or previous programming by your organization that supports this urrently or previous! program's likelihood of success at McNamara Youth Center. offered in Merced tha
indicate a track record of Loughborough Community Center and Winton LifeLine Community Center. success
EXHIBIT B
Reporting Requirements & Progress Report Template (Example) Monthly Community Center Service Provider Roundtable- The second Tuesday of each month is used to meet routinely with Parks & Community Service staff to address programmatic issues, facility needs and coordinate efforts. These meetings are held at the Parks & Community Services Office.
Quarterly Progress Reports and Presentations should be given by Providers to the Recreation & Parks Commission. These meetings are held the fourth Monday of each month at 5:30pm at City Hall.
Annual Progress Reports should be given by Providers to the City Council each May in consideration of any proposed Agreement Extension.
City of Merced Parks & Community Services- Youth Center Activity Report MERCED
Organization Name
Organizational Mission
Activity Report Quarter 1
Омеги 1 0221-9/30 0-е 2 1100- 12231 Quarter 2 Mid-Year (Quarter 1 82) D Quarter 3
Quarter 4 Year-End (Quarter 1-4)
Youth Center in 279 & K McCombs McNamara Park Stephen Leonard Operation
Cost or Required in-kind for Participation Participants Served Afterschool (unduplicated) (indicate dally, weeky, monthly, or annually)
At the Youth Cember
After School Membership Special Camps
Outside of Youth Center
but in City of Merced
is Open this Period (List Location(s) served)
Days Open for Hours Total Hours
Programming Per Day Participants Served through Special Events/Camps
At the Youth Center
Special Events/ Camp
Hours Outside of Youth Center
Total Hours Open for Total Number of Service Contacts
Service in the Reporting
Period Number of youth x
times they were served
Demographic Information of Youth Served Afterschool (number of youth in each category if available) Ages Preschool age (0-5) School Age (6-17) Young Adults (18-24) Ethnicity African Asian "Hispanic -White Mixed Other/
American Unknown
Zip Code of 95340 95341 95344 95348 Other/ Unknown
Participants
Staff Structure to Support Program
Employed Staff
Interns
Volunteers
EXHIBIT C- Building Condition Report
RENTAL INSPECTION CHECKUST
S- Satisfactory; NC - Needs Cleaning; NSC - Needs Spot Cleaning; NP - Needs Painting; NSP - Needs Spot Painting; SC - Scratched: NR - Needs Repair: RP - Needs Replacing: NA - Not Applicable Community Center/ Youth Canter:
General Move-In Rating Move-Out Ratin | Remarks City Staff Inspection By Doors
Windows
Screens
Blinds or
shades
Lacks
Walls
Ceilings
Hallways
Outdoor Move-In RatineMove-Out Ratin! Remarks
[Lighting.
Front Yard
Lawn
Backyard
Lawn
Utilities and Safet Move-In RatingMove-Out Ratin| Remarks HVAC unit
Water heater
Electric outlets
Lights
Switches
Smoke
detectors
Carbon
monoxide
detectors
Sprinklers
Fire
extinguishers
Security
systems or
alarms
Bathroom Move-In Rating Move-Out Ratini| Remarks
Tollets
Bathrubs
Sinks
Cabinets
Kitchen Move-in Rating Mova-Out Ratin) Remarks
Refrigerator
Dishwasher
Oven
Stave
Sinks
Garbage
dis posal
Cabinets and
drawers
City Equipment Remarks
Desk
Chairs
Supplies
(paper, paints,
pens
Games
City of Merced
Storage (note
all equipment)