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HomeMy WebLinkAbout001119 Original Contract City of Port Angeles Record # 001119 FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND THE BOYS & GIRLS CLUB OF THE OLYMPIC PENINSULA This Facility Use Agreement("Agreement") is made and entered into by and between the City of Port Angeles ("City"), a non-charter code municipality of the State of Washington, and the Boys & Girls Club of the Olympic Peninsula("Club"), a Washington State non-profit corporation located in Port Angeles. WHEREAS, in 2015 because of budget restraints, the City cut all Youth & Family Programs in the Parks & Recreation Department, including after-school programs and spring, summer, and winter camps; and WHEREAS, in 2015, the City also cut funds to the United Way of Clallam County which helps fund partner agencies, including non-profits such as the Boys & Girls Club of the Olympic Peninsula; and WHEREAS, after the City's budget cuts, the Boys & Girls Club of the Olympic Peninsula youth attendance grew by 27% in Port Angeles; and WHEREAS, the Boys & Girls Club of the Olympic Peninsula charges $30 a year per child but expends $1,700 per child a year; and WHEREAS, the Boys & Girls Club of the Olympic Peninsula has limited space in its current facility; and WHEREAS, the Boys & Girls Club of the Olympic Peninsula is conducting a capital campaign to build a larger facility on Lauridsen Blvd in the City; and WHEREAS, after-school enrichment programs for children and teens are a valuable resource to the City and the community; and WHEREAS, it is in the City's and the public's interest to allow the Boys & Girls Club of the Olympic Peninsula to use the Vern Burton Community Center at no cost for the operation of an after-school program to improve the quality of life for children and teens in Port Angeles. NOW, THEREFORE, in consideration of the promises and commitments made herein, the sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Premises. The City hereby agrees to allow the Club to use the Vern Burton Community Center for after-school programs and camps. This would include the main gym, meeting rooms, and kitchen as long as paying customers are not using those portions of the facility. The Club may use the toys and games that are in storage at the Vern Burton Community Center that were left over from the City's Youth& Family Programs. The Club may also use items in the gym such as the basketball hoops, badminton nets, and volleyball nets. 2. Term. This Agreement shall be deemed to be in full force and effect as of the date of the last signature affixed below. The use permitted under this Agreement shall expire once the Club has completed its new facility or five years after the signing of the Agreement, whichever is earlier, unless extended or modified in a subsequent written agreement between the parties. 3. Use. The Club shall use the premises for the sole purpose of operating after-school programs and day camps for children and teen members of the Club. All other uses are expressly prohibited without the prior consent of the City's Parks & Recreation Director. Any use outside the scope of this Agreement must comply with the usual rental rates and scheduling of the facility. 4. Facility Protection and Cleanup. The Club will leave the Vern Burton Community Center in the same condition as found. This includes removing any items the Club brings into the facility and placing all trash and debris in provided trash cans. The Club will notify the City of any damage to the facility. 5. Dates and Hours of Operation. The Club may use the facility from 2:00 p.m. to 5:30 p.m. Monday through Friday during the Port Angeles school year. The Club may also use the facility from 7:30 a.m. to 5:30 p.m. Monday through Friday during Port Angeles school breaks, vacations, and teacher in- service days; however, all use during school breaks must be coordinated with the City Parks & Recreation Department's Facilities & Events Coordinator to ensure no conflicting rent-paying events. Rent-paying uses will have priority over the Club's use unless the Club has scheduled the facility at least 30 calendar days in advance. 6. Rental Fees. Rental fees will only occur if the Club uses the facility for anything other than an afterschool or day-camp program. 7. Indemnification. The Club shall defend, indemnify, and hold harmless the City, its officials, employees, and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property that arises out of the use of the Vern Burton Community Center or premises, or from any activity, work, or thing done, permitted, or suffered by Club in or about the facility or premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles. 8. Insurance. The Club shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the facility or premises. The Club shall provide a certificate of insurance evidencing: General liability insurance covering premises, products-completed operations, and contractual liability. The City shall be named as an insured on Club's general liability insurance policy. The general liability insurance shall be written with limits of no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain that the Club's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Club's insurance and not contribute with it. i The Club shall provide a certificate of insurance evidencing the required insurance before using the facility or premises. Insurance is to be placed with insurer's current A.M. Best rating of not less than A: VII. 9. Assignment.Zent. This Agreement may not be assigned or transferred without the written approval of the City. 10. Anti-Discrimination. In all services or activities and all hiring or employment made possible by or resulting from this Agreement, there shall not be discrimination against any employee or applicant for participation in the Club because of sex, age (except minimum and maximum age for participation and retirement provisions), race, color, creed, national origin, marital status, sexual orientation, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. The Club shall observe and fully comply with any and all applicable federal, state, or local laws or regulations regarding non-discrimination. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part of this Agreement by the City, and may result in ineligibility for further City agreements. The Club will also comply with other anti-discrimination laws or requirements of any and all jurisdictions having authority. 11. Notice. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified in a subsequent written directive: City of Port Angeles Corey Delikat, Parks & Recreation Director 321 East Fifth Street, Port Angeles, WA 98362 Boys & Girls Club of the Olympic Peninsula Mary Budke, CEO 400 West Fir Street/P.O. Box 4167, Sequim, WA 98362 12. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Washington. Venue for any claims that might flow from this Agreement shall be with the Clallam County Superior Court. IN WITNESS WHEREOF, the City and the Boys & Girls Club of the Olympic Peninsula have executed this Agreement the a day of , 2016 CITY OF PORT ANGELES BOYS & GIRLS CLUB OF THE OLYMPIC PENINSULA By: '' By: Dan McKeen, City Manager Mary lAudke, CEO Attest: J nifer eneklasen, City Clerk App ve as to fo r i iam Bloor, City Attorney r