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HomeMy WebLinkAbout000994 Original ContractCity of Port Angeles Record # 000994 FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND FORTE AFTER SCHOOL CLUB This Facility Use Agreement ( "Agreement ") is made and entered into by and between the City of Port Angeles, ( "City "), a Washington municipal corporation, and Scott and Sarah Tucker doing business as Forte After School Club ( "Club "). WHEREAS, City's budget restraints required that the City cut all youth and family programs, including after - school programs; and WHEREAS, Port Angeles Fine Art Center assumed the youth and after - school programs, but the future of those programs is uncertain; and WHEREAS, Club would like to continue the Port Angeles Fine Arts Center programs at the City's Campfire clubhouse as a separate business, Forte After School Club; and WHEREAS, visual and performance art and 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 Club to use the Campfire clubhouse for the operation of an after- school art club in order to improve the quality of life in Port Angeles and attract new businesses thereby increasing the City's tax base and Parks & Recreation Revenue; 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 Campfire clubhouse to operate after - school art classes and clubs. f 2. Term. This Agreement shall be deemed to be in full force and effect as -44h� die 111 liw o ©w. The use permitted under this Agreement shall expire one "~ calendar year from that date, unless extended or modified in a subsequent written agreemen between the parties. 3. Use. Club shall use the premises for the sole purpose of operating after - school performance and visual art classes and clubs for children and teens. All other uses are expressly prohibited without the prior written consent of the City's Director of Parks and Recreation. Additional compensation at fair market rates shall be required for authorization of any extended or additional uses of the premises. 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. Club will leave Campfire clubhouse in the same condition as found. This includes removing any items Club brings into the clubhouse, returning furniture to original locations, and placing all trash and debris in provided trash cans. Club will notify the City of any damage to the clubhouse or furniture. -I- 5. Dates and Hours of Operation. On Mondays, Tuesdays, Wednesday, and Thursdays from 2:00 pm to 6:00 pm during the Port Angeles school year, the Campfire clubhouse shall be reserved for the use of the Club, except that, at its sole option, the City may schedule the Campfire clubhouse for other uses on no more than three dates during the contract term provided that the City give Club no less than thirty (30) days notice of said alternate use. 6. Rental Fees. Rent shall be paid on a monthly basis and is due the first day of occupancy of each month. Rent is based on the average number of participants enrolled in the prior month. For example, the rent for March will be based on the average number of participants enrolled in February. If there are ten or few participants, the rent will be $400 the following month. If there are between ten and twenty participants, the rent will be $450 for the following month. If there are twenty or more participants, the rent will be $500 for the following month. A roster of class participates will be included with the payment to ensure proper payment. If the Club desires to use the facility during the spring and winter breaks of the school year, the Club may schedule the facility Monday through Friday between the times of 7:30 a.m. to 5:30 p.m. for a flat rate of $100 per day provided the facility is not otherwise in use. 7. Indemnification. 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, which arises out of the use of the Campfire Clubhouse facility or premises, or from any activity, work or thing done, permitted, or suffered by user 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. 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. 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 PAF -M'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 PATNrs . insurance and not contribute with it. Club shall provide a certificate of insurance evidencing the required insurance before using the facility or premises. I:AIV /1 Insurance is to be placed with insurer's current A.M. Best rating of not less than -2- 9. Assignment. 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 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. Club 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. 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, Director of Parks and Recreation P.O. Box 1150/308 East Fourth Street Port Angeles, WA 98362 Forte After School Club Sarah Tucker 1811 W 6th Street Port Angeles, WA 98363 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. -3- IN WITNESS WHEREOF,the City and PAFM have executed this Agreement the date and year indicated. CITY OF PORT ANGELES FORTE AFTER SCHOOL CLUB By: _ ' By: Dan McKeen Sarah uc er City Manager Attest: By: aVl)of &Lww 4hcott Tuc er J nnifer Xleneklasen, City Clerk Approved a to form: William Bloor, City Attorney Wa AGREEMENTS&CONTRACTS\2015 Agrmts&ContractsTac ilityUse.Arts.10.19.2015.docx -4-