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Home My WebLink About001239 Original Contract The City of Port Angeles Record # 001239 AGREEMENT BETWEEN BOYS & GIRLS CLUBS OF THE OLYMPIC PENINSULA AND CITY OF PORT ANGELES THIS AGREEMENT is made and entered into by and between Boys & Girls Clubs of the Olympic Peninsula, a Washington non-profit corporation ("BGCOP"), and the City of Port Angeles, Washington("PA Party"). Reference is made to the Child and Adult Care Food Program of the United States Department of Agriculture ("USDA"), and to the included programs operated under the Office of State Superintendent of Public Education of the State of Washington. Particular reference is made to one such program (the "Program"), the Summer Food Service Program that will be providing free sack lunches meeting applicable USDA requirements ("Program Lunches") in Port Angeles, Washington, to persons aged I through 18 (the "Program Beneficiaries") during the period beginning June 21, 2017 and ending August 25, 2017 (the"Program Period"). BGC OP will be acting as the Program sponsor, providing from among its employees and/or its volunteers the Program administrator, the Program monitor, the site supervisor, the personnel who deliver Program Lunches to distribution sites and the personnel who distribute Program Lunches at those sites. Separate from BGCOP's role as the Program sponsor, at BGCOP"s Carroll C. Kendall unit in Sequim, (the "Sequim Unit") and/or at BGCOP's Mount Angeles unit in Port Angeles (the "PA Unit") BGCOP's employees and/or its volunteers will obtain the ingredients and components for, and prepare and assemble, the Program Lunches and will provide one area where Program Beneficiaries and/or accompanying adults may pick them up (a "pickup area"). The BGCOP employees and volunteers performing the functions referred to in the two preceding sentences, in their capacities as such, are referred to herein as the "Program Implementers." PA Party's role in the Program will be to provide two additional pickup areas. In order to coordinate their roles in the Program, BGC OP and PA Party hereby agree as follows: I PA Party will make available exclusively to Program Implementers, Program Beneficiaries and accompanying adults, from noon to 1:00 p.m. on each Monday through Friday during the Program Period ("Program Hours"), at each of Dream Park at Erickson Playfield and Shane Park in Port Angeles, a covered area where program Implementers may distribute Program Lunches (each a "PA Party-provided pickup area"). Each PA Party-provided pickup area will include, or be adjacent to, an area where Program Beneficiaries may comfortably consume their Program Lunches. Each PA Party-provided pickup area will also include a PA Party- provided trash receptacle sufficient to accommodate any Program-generated trash that Program Beneficiaries and/or accompanying adults may wish to deposit, which PA Party will empty regularly. Except as provided in section 3 below, PA Party will be responsible for the condition of each PA Party-provided pickup area and any adjacent PA Party-provided consumption area. 2. At each PA Party-provided pickup area, Program Implementers will distribute Program Lunches in accordance with the requirements of the Program. One such requirement is the display of a non-discrimination notice at each pickup area. At each PA Party-provided pickup area, BGCOP will display such notice on a standing tri-fold to be present on-site during Program Hours. The tri-fold will also identifiy the area as a pickup area (and may include information regarding the Program) and will remind Program Beneficiaries and accompanying adults of the Program's requirement that Program Lunches are to be consumed solely by Program Beneficiaries, who must begin such consumption before leaving the pickup area. 3. At the conclusion of each day's Program Hours at a PA Party-provided pickup area (or, if earlier, when that day's supply of Program Lunches at the pickup area has been exhausted), prior to leaving the area Program Implementers will pick up all Program-generated trash in the area and any adjacent PA Party-provided consumption area and deposit it in the trash receptacle at the area. 4. It is expressly understood that BGCOP will not be responsible for picking up any Program- generated trash that may be left at any PA Party-provided pickup area or adjacent PA Party- provided consumption area by Program Beneficiaries or accompanying adults after the Program Implementers have left the area. 5. BGCOP will be responsible for, and will hold PA Party harmless from and defend PA Party against all claims, demands or suits at law or in equity arising from, the actions or omissions of the Program Implementers. BGCOP will not be responsible for, nor will it hold PA Party harmless from or defend the PA-Party against any claims, demands or suits at law or in equity arising from, the actions or omissions of the Program Beneficiaries or accompanying adults. 6. Neither party will: charge the other party any amount related to the Program; or charge any Program Beneficiary (or accept any donation from or on behalf of any Program Beneficiary) for such party's performance of its Program role or for Program Lunches. 7. Notwithstanding any other provision of this Agreement, it is expressly understood and agreed that: if either party fails to comply in any material respect with the terms of this Agreement, and fails to promptly correct such failure after notice of it from the other party,the other party may terminate this Agreement; if BGCOP concludes that an available alternative to a PA Party-provided pickup area would better fulfill the goal of the Program, BGCOP may, upon ten (1 Q) days' prior written notice to PA Party, discontinue the use of such PA Party-provided pickup area in the Program; in which event the provisions of this Agreement, insofar as they relate to such pickup area, shall cease to apply; the Program will be suspended on days on which the PA Unit is not open and, if the Program Lunches are then being prepared by BGCOP solely at the Sequirn Unit, on days on which the Sequin Unit is not open, i.e., on each federal or Washington holiday, on any day on which the PA Unit is closed fior maintenance or event-preparation activities and, if the Program Lunches are then being prepared by BGCOP solely at the Sequint (Jnit, on any day on which the Sequirn Unit is closed for maintenance or event-preparation activities (notice of which closures BGCOP shall give to PA Party reaonably in advance); and each of the parties will be excused from performance of its obligations hereunder in the event and to the extent such performance is prevented by an act of God or other cause beyond its reasonable control; provided that the affected party gives the other party prompt notice of the applicable circumstance and uses reasonable efforts to re-commence performance as promptly as possible. & This Agreement is entered into for the sole purpose of establishing coordination between the parties in the context of the Program. It is not intended to, nor shall it, create any other relationship between the parties, including without limitation any partnership or joint venture. Nor is it intended to, nor shall it, create any duties, obligations or liabilities of either party to any third party. IN WITNESS WHERE, BGCOP and PA Party have executed this Agreement as of the date and year last written below, BOYS & GIRLS CLUBS OF THE OLYMPIC PENINSULA 1 2 By '1n_j,,J L. , )J Date: �7 q 20 17 Z 4r, Mary f. Budke, Executive Director CITY OF POANGELES By Date: JOAk _�L 2017 Dan K. McKeen, City Manager