HomeMy WebLinkAbout2024 Port Angeles Farmers Market Facility Use AgreementDocuSign Envelope ID: F0138C82-2ACC-45F1-8D27-00064B6E6221
FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES
AND THE PORT ANGELES FARMERS' MARKET
This Facility Use Agreement ("Agreement") is made and entered into as of the date
of the last signature affixed below by and between the City of Port Angeles, ("City"), a
non -charter code city and Washington State Municipal Corporation, and the Port Angeles
Farmers' Market, ("PAFM"), a Washington non-profit corporation.
WHEREAS, the City is the owner/manager of the pavilion deck area at the Gateway
Transit Center, located at 125 East Front Street, Port Angeles, Washington; and
WHEREAS, PAFM operates a farmers' market where vendors sell goods and
products made and produced in the City of Port Angeles region directly stimulating the
local economy; and
WHEREAS, PAFM is a valuable attraction for Downtown Port Angeles creating
an economic activity supported by residents and visitors alike; and
WHEREAS, the City is committed to creating a vibrant and active Downtown
experience that will be enhanced by the presence of PAFM; and
WHEREAS, it is in the City's and the public's interest to allow PAFM to use the
Gateway Transit Center pavilion deck area for operation of the farmers' market subject to
the terms specified within this Agreement; and
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 PAFM to use the pavilion deck
area at the Gateway Transit Center which is described in Exhibit "A", a copy of which is
attached and incorporated by this reference, for the sole purpose of operating a farmers'
market upon the following terms and conditions.
PAFM may place a sign on the south and east facing portion of the clock
tower for the term of this Agreement. The PAFM sign shall be subject to the approval of
the Parks and Recreation Director.
2. Term. This Agreement shall be deemed to be in full force and effect as of
January 1, 2024. The use permitted under this Agreement shall expire December 31, 2028,
unless terminated with thirty (30) days' written notice or extended or modified in a
subsequent written agreement between the parties.
3. Use. PAFM shall use the premises for the sole purpose of operating a
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farmers' market, which includes the sale of locally grown or produced goods and services,
entertainment, and on -site consumption of products sold at PAFM. All other uses are
expressly prohibited without the prior written consent of the City's Parks and Recreation
Director. Additional compensation at fair market rates shall be required for authorization
of any extended or additional uses of the premises.
4. Facility Protection and Cleanup. The parties agree that facility protection
and clean-up will be in accordance with the provisions set forth in Exhibit "A", which is
attached hereto and incorporated herein.
5. Dates and Hours of Operation. During the term of this Agreement, the area
described in Exhibit "A" shall be reserved for the use of PAFM Saturdays from 6:00 a.m.
to 4:00 p.m., except that, at its sole option, the City may, on no more than three Saturday
dates during the contract term, schedule the described area for other uses, thus displacing
PAFM from use of the Gateway facility; provided that the City gives PAFM no less than
thirty (30) days' notice of said alternate use. During those dates when PAFM is displaced,
the signage on the clock tower may be covered at the sole discretion of the Parks and
Recreation Director. Additionally, if PAFM wants to hold Wednesday markets, they must
notify the Parks & Recreation Facility Rental Coordinator at 360-417-4523 so that the City
can reserve the space for them.
6. Parking. PAFM may reserve the southernmost parking space on the west
side of Lincoln Street and the three most easterly parking spaces on the north side of Front
Street, adjacent to the Gateway pavilion, for the purpose of vendor loading and unloading
for two hours before and after the market event. Signage for this purpose will be provided
by the City to PAFM and PAFM shall be responsible for the placement and removal each
market day. Any other parking agreements must be negotiated with appropriate parking
managers. City parking ordinances will be enforced.
7. Rental Fees. The City shall wave any rental fees that may be associated
with this Agreement so long as the PAFM performs the duties listed under section 8 of this
agreement.
8. Duties of the PAFM.
A. PAFM agrees to include in its vendor guidelines and market
promotion that the farmers' market adheres to the City's policy of no smoking in the
Gateway area as described in Exhibit "A."
B. PAFM understands that this Agreement and the terms described
herein cover solely the use of the pavilion deck at the Gateway Transit Center for the
specified days of the farmers' market. Any additional uses of facilities will be subject to
additional rental fees. PAFM shall at all times have an identified representative of authority
on the premises. This person shall be designated before each event and have proper
contact information on file with the City's Facility Rental Coordinator (360-417-4523).
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C. PAFM shall at no time charge admission fees to non -vendors.
D. PAFM shall adhere to all federal, state, county and local laws and
regulations, including City policies described in Exhibit "A," during the operation of the
farmers' market at the Gateway Transit Center pavilion deck facility.
E. At the end of each day's occupancy, trash and debris generated by
PAFM, vendors, and non -vendors shall be cleaned up by PAFM and deposited in the trash
cans located at the Gateway Transit Center.
F. PAFM agrees to use the Gateway Transit Center as its only venue
unless written permission is granted for temporary relocation by the City.
G. PAFM agrees to increase awareness of the market and expand on
vendors that support local agriculture of fresh and healthy foods. This also includes
administrating grants and programming, such as the SNAP Market Match which provides
matching funds for the purchase of fresh foods that specifically benefit EBT and WICC
recipients, seniors and students.
H. PAFM agrees to provide over 100 hours of community service per
year to help keep the Gateway Transit Center clean at no cost to the City. This includes
assisting with the cleaning and stocking of the restrooms, sweeping and washing of the
pavilion, along with litter pick-up, before and after the market.
I. PAFM shall, throughout the duration of the farmers' market, be
responsible for maintaining compliance with all then -applicable COVID-19 guidelines and
precautions, as recommended by the Clallam County Public Health Department, for all
employees, volunteers, vendors and guests.
9. Indemnification. PAFM shall defend, indemnify and hold harmless the
City of Port Angeles, 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, which arises out of the use of the Gateway Transit Center pavilion deck area
or premises, or from any activity, work or thing done, permitted, or suffered by PAFM 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.
10. Insurance. PAFM 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. PAFM shall
provide a certificate of insurance evidencing:
General liability insurance covering premises, products -completed
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operations and contractual liability. The City shall be named as an insured on PAFM's
general liability insurance policy. The general liability insurance shall be written with
limits of no less than $2,000,000 each occurrence, $2,000,000 general aggregate.
The insurance policy shall contain, or be endorsed to contain, a clause that
states that PAFM'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 PAFM's insurance and not contribute with it.
PAFM shall provide to the City a certificate of insurance evidencing the
required insurance before using the facility or premises.
PAFM's maintenance of insurance as required by the Agreement shall not
be construed to limit the liability of the City to the coverage provided by such insurance,
or otherwise limit the City's recourse to any remedy available at law or in equity.
If PAFM maintains higher insurance limits than the minimums shown
above, the City shall be insured for the full available limits of Commercial General and
Excess or Umbrella liability maintained by PAFM, irrespective of whether such limits
maintained by PAFM are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than those
maintained by PAFM.
Insurance is to be placed with an insurer with a current A.M. Best rating of
not less than ANII.
Failure to maintain insurance as described above 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 the Agreement by the City.
11. Assignment. This Agreement may not be assigned or transferred without
the written approval of the City.
12. 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 farmers' market
operation because of sex, age, (except minimum age 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.
PAFM shall observe and fully comply with any and all applicable federal, state, or local
law 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. PAFM will also comply with
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other anti -discrimination laws or requirements of any and all jurisdictions having authority.
13. Compliance with All Laws and Regulations. In using the premises, PAFM
will comply with all applicable laws, ordinances and regulations from any and all
authorities having jurisdiction.
PAFM specifically agrees to comply and pay all costs associated with
achieving such compliance without any notice from the City, and further agrees that the
City of Port Angeles does not waive this section by giving notice of demand for compliance
in any instance.
14. 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 and Recreation Director
308 East 4th Street
Port Angeles, WA 98362
Port Angeles Farmer's Market President
P.O. Box 336
Port Angeles, WA 98362
15. 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 Clallam County.
16. Entire Agreement. By signing this Agreement the City of Port Angeles and
PAFM understand and concur that this Agreement is considered to be all of the covenants,
promises, agreements and conditions, oral or written between the parties. The parties
hereby agree that this document contains the entire agreement between the parties and that
this Agreement shall not be modified, changed, altered or amended in any way except
through a written amendment signed by all of the parties hereto.
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IN WITNESS WHEREOF, the City and PAFM have executed this Agreement the
date and year indicated.
CITY OF PORT ANGELES
DocuSigned by:
By:
Nathan West, City Manager
Date: 2/9/2024
Attest:
DocuSigned by:
hao-itnc
Kari Martinez Bailey, City Clerk
Approved as to form:
5DocuSigned by:
(1�i1(,iaAAA t3lW
William E. Bloor,
City Attorney
PORT ANGELES FARMERS' MARKET
DocuSigned by:
By:
PAFM Board Presi ent
Date: 2/15/2024
DocuSign Envelope ID: F0138C82-2ACC-45F1-8D27-00064B6E6221
EXHIBT "A"
a PARKS & RECREATION DEPARTMENT
POLICY AND PROCEDURES
PR-0301 THE GATEWAY USAGE POLICY
1. PURPOSE:
1.1. To establish written policies and procedures for The Gateway facility
management.
2. DEPARTMENTS/DIVISIONS/PERSONNEL AFFECTED:
2.1. Parks & Recreation Department
3. PUBLIC FACILITY:
3.1. The public facility affected is The Gateway, a public gathering place located at
125 East Front Street, Port Angeles, Washington. The area to be regulated by this
policy is comprised of the decking and pavilion area of the Gateway Facility, not
to include the public restrooms, parking facilities, transit lanes, offices or
sidewalks which surround the venue.
4. POLICY:
4.1. Smoking will not be allowed within 25 feet of the facility per RCW Chapter
70.160.075. This regulation includes all spaces open to the public.
4.2. Skateboard and bicycle riding will not be allowed at the facility.
4.3. Maximum occupancy is 990 persons.
4.4. Alcohol sales will be allowed by permit only, in an established and controlled
area of the pavilion area.
4.5. No more than one vehicle with trailer is allowed on the pavilion deck at any one
time (combined weight limit of vehicle, trailer and contents shall not exceed
12,000 lbs.).
4.6. Any vehicle parked more than two consecutive hours on the pavilion deck shall
have an approved protection device placed beneath said vehicle to protect the
deck.
4.7. No banner or sign shall be hung on Gateway property unless in compliance with
City of Port Angeles Municipal Code 14.36.
4.8. No tents and/or other temporary structures shall be secured to cables, drain
spouts, fire suppressant systems, electric equipment or similar structures.
4.9. Protective deck covering must be used if any substance in a user's charge, other
than water, could be spilled onto The Gateway walking surface.
4.10. Users shall make no alteration or improvements to or upon the premises, or
install any fixtures, without first obtaining written approval from the City's Parks
& Recreation Director.
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4.11. Equipment will be provided for proper cleanup. Users shall leave the pavilion
deck area in the same condition that it was found, prior to each day's occupancy.
All City equipment shall be returned to proper storage at the facility.
4.12. User groups will at no time charge admission fees to the general public. Charging
for goods or services is allowable, but no facility entry fee, nor minimum
purchase requirements, shall be enforced.
4.13. User groups will in no way restrict general public use of the facilities public
restrooms.
Effective: August 2009 — PW&U
Approved: C."', ���
DocuSign Envelope ID: F0138C82-2ACC-45F1-8D27-00064B6E6221
?OR
INTERNAL USE ONLY
gr _"O) ROUTE SLIP
CONTRACT EXECUTION
PARKS & RECREATION
DEPARTMENT
SUBJECT:
Facility Use Agreement Between City of Port Angeles and
Port Angeles Farmers' Market PAFM 2024 - 2028
ORIGINATOR:
Shanee Wimberly
DATE:
I
02/07/2024
TO:
ACTION REQUESTED:
INITIAL:
DATE:
1.
Corey Delikat
Review & Confirm for Signature
�Ct/ �
Feb 7, 2024
3.
Sarina Carrizosa
Confirm Funding
N/A
4.
William Bloor
Sign Contract via DocuSign
Legal completed review [Date: 01 /08/2024] fir'
5.
Nathan West
Sign Contract via DocuSign
6.
Kari Martinez -Bailey
Sign Contract via DocuSign
COMMENTS:
COUNCIL
N/A
ACCOUNTING
/A
[FORM REVISED 1/2024]
DocuSign Envelope ID: F0138C82-2ACC-45F1-8D27-00064B6E6221
Signature: COI-e� jwl kat
Corey Delika (Feb 7, 202409:13 PST)
Email: cdelikat@cityofpa.us
DocuSign Envelope ID: F0138C82-2ACC-45F1-8D27-00064B6E6221
Farmers Market Contract Routing Slip. 2024 -
2028
Final Audit Report 2024-02-07
Created: 2024-02-07
By: Shanee Wimberly (swimberly@cityofpa.us)
Status: Signed
Transaction ID: CBJCHBCAABAAQ5w77h-gyUnbl6a-2-MnjWSNq_NU1ilL
"Farmers Market Contract Routing Slip. 2024 - 2028" History
Document created by Shanee Wimberly (swimberly@cityofpa.us)
2024-02-07 - 5:09:00 PM GMT
Document emailed to cdelikat@cityofpa.us for signature
2024-02-07 - 5:11:51 PM GMT
Email viewed by cdelikat@cityofpa.us
2024-02-07 - 5:12:32 PM GMT
Signer cdelikat@cityofpa.us entered name at signing as Corey Delikat
2024-02-07 - 5:12:58 PM GMT
Document e-signed by Corey Delikat (cdelikat@cityofpa.us)
Signature Date: 2024-02-07 - 5:13:00 PM GMT - Time Source: server
O Agreement completed.
2024-02-07 - 5:13:00 PM GMT
a Adobe Acrobat Sign