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HomeMy WebLinkAbout5.367 Original Contract S. &/.Q7 ,., PROGRAM AGREEMENT THIS AGREEMENT is entered into this ~ay of~ , 200....2., by and between the City of Port Angeles referred to as f1Cityll, a Washington Municipal Corporation, and the Olympic Community Action Progranls, Inc., a private non-profit corporation formed under the laws of the State of Washington, 802 Sheridan, Port Townsend, Washington, which operates a Senior Nutrition Program providing low-cost meals for senior citizens, hereinafter referred to as OL YCAP: In consideration of the mutual covenants and benefits contained herein, the parties agree as follows: 1. PURPOSE: The parties mutually desire to offer a Senior Nutrition Progranl open to all citizens at the City's Senior Center. 2. FACILITIES: The facilities that are the subject of this program agreement are the dining room and the ldtchen facilities, together with appropriate access, in the Port Angeles Senior Services/Community Center located at 328 East Seventh Street in the City of Port Angeles, Washington. 3. USE OF FACILITIES: The facilities shall be used for the storing, preparing, and serving of foodstuffs and meals to persons eligible under OL YCAPts Senior Nutrition Program. OL YCAP shall use the subject facilities for the purpose on Monday through Friday of each week. OL YCAP may enter the subject facilities at 10:30 a.m. and shall vacate the same at 6:30 p.m. OL YCAP shall have primary use of kitchen facilities during the period of 2 p.m. to 5 p.m. Monday through Friday. OL yeAP shall have exclusive use of the dining room during the period of 3 p.m. to 6 p.m. Monday through Friday. Upon completion of each day's preparation 'and serving of meals, OL YCAP shall leave the facilities in a neat, sanitary, and safe condition, having washed and stored all cooking and dining equipment, cleaned tables and chairs, and vacuumed or broom cleaned the floor, as appropriate. OL yeAP shall abide by all laws, lUles, and regulations concerning the protection of such facilities from fIre and other casualties and applicable health regulations. 4. TERM: This program agreement shall be for a term of fIve years commencing J anua.J.Y 1, 2009 and ending December 31, 2013. 5. FACILITY USE PAYMENT AMOUNT: For 2009 OLYCAP agrees to pay City, at 321 East 5th Street, Port Angeles, Washington, the amount of $556 per month, payable in advance on the first day of each and every month during the first yearly period hereof. The amount for each subsequent yearly period of tins program agreement shall be the rate for the initial yearly progranl use period plus 90% of tile increase shown in the Consumer Price Index, CPI-U, for the Seattle, Washington as reported for June of each year. Such amount shall become effective on the first day of Ja.J.lUary of each yearly period and shall be payable in advance on the fIrst day of each month during that period. 6. UTILITIES: City agrees that it will provide electricity, water, and sewage service to facilities without charge. OL YCAP agrees to monitor the use thereof and to prevent abuse or waste thereof. - 1 - 7. MAINTENANCE: City agrees to maintain and repair stmctural portions of the facilities including electrical, plumbing, fixtures, and appliances, except for damage or malfunction thereof which may be caused solely by OL YCAP, ill which case the OL YCAP agrees promptly to reimburse the City for the City's cost in repairing or replacing the same. The City shall be responsible for general janitorial services and maintenance of the facilities in a neat, sanitary, and safe condition after use by OL YCAP. 8. AGENCY: The parties agree that OL YCAP is a separate, distinct and independent entity; is not the agent or representative of the City; has no right to bind the City, whether by contract or conduct; and that no employee of OL YCAP shall, for any purpose, be deemed an employee or agent of City. 9. LIENS: OL YCAP shall not suffer or permit any lien to be filed against the City's property by reason of work, labor, services, or materials performed or supplied to OL YCAP. If any such lien is filed, OL YCAP shall cause the same to be discharged of record within thirty (30) days after the date of filing the same. 10. INDEMNIFICATION and HOLD HAR1\1LESS: OL YCAP agrees to defend, indenmify, and hold City, its officers, officials, employees, and volunteers, harmless fl.-om any and all claims, injuries, damages, losses or suits, including attomeys fees, caused by or arising out of or in connection with any acts or omissions occurring on the City's premises caused or contributed to by OL YCAP or its agents, employees, or patrons. 11. INSURANCE: OL YCAP shall procure and maintain for the duration of tlus agreement, liability insurance against claims for injuries to persons or damage to property that may arise from or in connection with the use of the City's facilities. Said policy shall provide coverage with a company authorized to do business in the State ofWaslungton and shall be written with limits no less than $1,000,000 each occurrence and $2,000,000 aggregate. Said policy shall name City as an additional insured and shall contain a clause stating that coverage shall apply separately as to each insured, except with respect to the limits of the insurer's liability. OL YCAP's insurance shall be primary insurance with respect to the City, and the City shall be given thirty (30) day's prior written notice of any cancellation, suspension, or material change in coverage. 12. ASSIGNMENT: The rights and obligations of OL YCAP as set forth in tIus program agreement shall not be assigned without the express written authority of City. 13. CIVIL RIGHTS and OTHER COMPLIANCES: A. During the performance of this agreement, OL YCAP agrees to comply with Title 6 of the Civil Rights Act of 1964, and all subsequent legislation relating to civil rights, wluch provides that no person shall, on the grounds of race, color or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity. B. The work to be performed under tlus program agreement is in the Port Angeles Senior Services/Community Center building wluch was constmcted witIl federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701. Section 3 requires that to -2- the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection to the project be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the building. 14. MODIFICATIONS: This program agreement constitutes the entire agreement between the parties. No alteration or modification of the agreement shall be effective unless such modification of the agreement shall be in writing and signed by the parties hereto. 15. APPLICABLE LAW: Any terms and provisions oftIus program agreement shall be detenl1ined under the laws of the State of Washington. Venue for any action brought pursuant to tlus agreement shall be exclusively in the Superior Court for the Clallam County, Washington. 16. TERMINATION: Should OL YCAP fail to operate the Senior Nutrition Program in good faith, within the time and manner herein set forth, or fail to keep or perform any or all ofthe agreements contained herein, and fails to cure said default within thirty (30) days notice of said default by City, then tlus Program Agreement may be terminated by City. This Progran1 Agreement may be telminated by OL YCAP in the event OL YCAP is no longer operating the Senior Nutrition Program, provided OL YCAP gives the City at least 45 days written notice of such tennination. IN WITNESS WHEREOF, th.e undersigned have duly executed this Memorandum of Understanding on or about the ~day of '-:}~. , 200-2. City of Port Angeles, ReoreaaeR Di:visieB. l j /, ~~~ D~y:DR'eG Gary Braun, Mayor APp~ved ~ to (mm Z W~ 1: ~ William E. Bloor City Attorney OLYCAP ~w Olympic Community Action Program Representative Attest: STATE OF WASHINGTON) ) ss. County of Clallam ) On this day personally appeared before me Gary Braun, to me known to be the Mayor of the CITY OF PORT ANGELES, the mUlucipal corporation that executed the - 3 - .; .' ~ . voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. GIVEN under my hand and official seal this3t>.!) day ofJ;b(IJa~4 ,2009. , -..J - ~~ ~, ~~'>t-Cll.i'(\.' NOT PUBLIC in and for the State of Washington, residing at Port Angeles. Notary Public State of Washington JEANIE M. DEFRANG MY COMMISSION E:XPIRE$ May 25. ~~~~ ,....-.............--,....,.......- My appointment expires: 5 -0.. ~ -ll STATE OF WASHINGTON) )ss. County of Clallam ) On tins day personally appeared before me to me ;; m iJ ~!r-1 t I-!oek(?t/ known to be tf.f'{lfthlj(J~ ()lr(Y!h~( of the OLYMPIC COMMUNITY ACTION PROGRAMS, the private non-profit corporation that executed the within and forgoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. GIVEN ll!Ul~4..:and and official seal this :f day of)RnUj'([1/ ,200 C; . n~. ~ ,~~S6\\ (1' /' ~ d':r!J J /7 - h-0.,'~ TAR '.;:J' L'_iV!tl/fu,.r:r)C/}'I. ~rj(..AI.~vv l~.' \"" 0 Y '.<' l" N01(~ Y PUBLIC in and for the State of ~ : JUL 24, 2010: I Washington, residing at Port Angeles. 1(/). ::z:~ '/~' .OR ! tf' ;;" /' U B L \ ~ ..'Sj' My appointment expires: 7 /l1 ~ ;;.0/ () \t' o' . . . . · . ',..\. \~ \.~ f:: W~S~" G:\Legal_ BaCkUP\AGRE~~~ONTRACTS\2008 Ag1l1ts&Contracts\OL YCAP-SeniorCenter12] 008.rtf ~4~ ;:; ,~() "1 ACORD". CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY) 07/02/1997 PRODUCER (360)385-3711 FAX (360)385-3726 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION Homer Smith Insurance, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 804 Water Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 591 COMPANIES AFFORDING COVERAGE Port Townsend, WA 98368 COMPANY Traveler/Aetna Attn: Carol Keenan Ext: A INSURED Clallam Jefferson County COMPANY St. Paul B Community Action Council PO Box 1540 COMPANY C Port Townsend, WA 98368 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POUClES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUClES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYY) DATE (MMlDDIY'rJ GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COM~OPAGG $ 1,000,000 A CLAIMS MADE X OCCUR ACM25853290 07/02/1997 07/02/1998 PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X Stop Gap FIRE DAMAGE (Anyone fire) $ 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ B SCHEDULED AUTOS CA09400160 07/02/1997 07/02/1998 HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND we STI>,Tll- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR! INCL EL DISEASE - POUCY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE' EXCL EL DISEASE - EA EMPLOYEE $ B~~~\et Employee $100,000 A Dishonesty BY101110740 07/02/1997 07/02/1998 DESCRIPTION OF OPERAnONS/LOCATIONSNEHICLESlSPECIAL ITEMS ertificate holder is included as additional insured with respect to insured's operations. *Ten days hotice will be given if cancellation is for non-payment of premium. Cat.nft~OA 'tS HOLDeR. CANOlilUATtON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Port Angeles, i ts offi ci a 1 s , EXPIRAnON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL employees and agents 30* DAYS WRITTEN NOTICE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, Attn. Human Resources Manager BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 1150 OF ANY KIND UPON THE C~fANY.ITS AGENTS OR jlEPRESENTATIVES. Port Angeles, WA 98362 AUTHORIZEDREPRESENTATU 1 '{~I' . Carol Keenan A AJ ~/ ~ ACORD2$-S (1191) ~eoRO CORPORAT!ON 1981i 5. df.g 7 PROGRAM AGREEMENT THIS AGREEMENT is entered into this ~ day of ~~, 2006, by and between the City of Port Angeles referred to as "City", a Washington Municipal Corporation, and the Olympic Community Action Programs, Inc., a private non-profit corporation formed under the laws of the State of Washington, 802 Sheridan, Port Townsend, Washington, which operates a Senior Nutrition Program providing low-cost meals for senior citizens, hereinafter referred to as OL YCAP: In consideration of the mutual covenants and benefits contained herein, the parties agree as follows: 1. PURPOSE: The parties mutually desire to offer a Senior Nutrition Program open to all citizens at the City's Senior Center. 2. FACILITIES: The facilities that are the subject of this program agreement are that portion of the Port Angeles Senior Services/Community Center located at 328 East 7th Street in the City of Port Angeles, Washington, which includes the dining room and the kitchen facilities, together with appropriate access. 3. USE OF FACILITIES: The facilities shall be used for the storing, preparing, and serving offoodstuffs and meals to persons eligible under OLYCAP's Senior Nutrition Program. OLYCAP shall use the subject facilities for the purpose on Monday through Friday of each week. OL YCAP shall come upon the subject facilities at 10:30 a.m. and shall vacate the same at 6:30 p.m. OLYCAP shall have primary use of kitchen facilities during the period of 2 p.m. to 5 p.m. Monday through Friday. OL YCAP shall have exclusive use of the dining room during the period of 3 p.m. to 6 p.m. Monday through Friday. Upon completion of each day's preparation and serving of meals, OL YCAP shall leave the facilities in a neat, sanitary, and safe condition, having washed and stored all cooking and dining equipment, cleaned tables and chairs, and vacuumed or broom cleaned the floor, as appropriate. OL YCAP shall abide by all laws, rules, and regulations concerning the protection of such facilities from frre and other casualties and applicable health regulations. 4. TERM: This program agreement shall be for a term of two years commencing 1/1/06 and ending 12/31/07. Extensions to the term of this agreement may be negotiated by the parties, provided that notice of intention to negotiate an extension shall be given at least 120 days prior to expiration of the original term, and further provided that OL YCAP shall not default at the time of giving such notice of intention to negotiate for extension or on the date of the expiration of the original term. Such extended term shall be upon all of the provisions applicable to the original term of this program agreement other than the provision relating to facility use payment amount. 5. FACILITY USE PAYMENT AMOUNT: OLYCAP agrees to pay City, at 321 East 5th Street, Port Angeles, Washington, in the amount of $500 per month, payable in advance on the frrst day of each and every month during the frrst yearly period hereof. The amount for each subsequent yearly period of this program agreement shall be negotiated by the parties, but in no event shall such amount be less than the amount of the rate for the initial yearly program use period plus 80% of the increase shown in the Consumer Price Index for the Seattle, Washington area, nor more than the rate for the initial program use period plus 100% of the increase shown in the Consumer Price Index for the Seattle, Washington area. Such negotiated amount shall become effective on the frrst day of November of each yearly period and shall be payable in advance on the frrst day of each month during that period. The amount shall be negotiated by and between an authorized representative of the Olympic Community Action Program, Inc. and the City Manager or his designees. 6. UTILITIES: City agrees that it will provide electricity, water, and sewage service to facilities without charge. OL YCAP agrees to monitor the use thereof and to prevent abuse or waste thereof. 7. MAINTENANCE: City agrees to maintain and repair structural portions of the facilities including electrical and plumbing, fixtures, and appliances, except for damage or malfunction thereof which may be caused solely by OLYCAP, in which case the OLYCAP agrees promptly to reimburse the City for the 1 . :'... City's cost in repairing or replacing the same. The City shall be responsible for general janitorial services and maintenance of the facilities in a neat, sanitary, and safe condition after use by OL YCAP. 8. AGENCY: The parties agree that OLYCAP is a separate, distinct and independent agency; is not the agent or representative of the City; has no right to bind the City, whether by contract or conduct; and that no employee of OL YCAP shall, for any purpose, be deemed an employee or agent of City. 9. LIENS: OLYCAP shall not suffer or permit any lien to be filed against the City's property by reason of work, labor, services, or materials performed or supplied to OLYCAP. If any such lien is filed, OL YCAP shall cause the same to be discharged of recorded within thirty (30) days after the date of filing the same. 10. INDEMNIFICATION and HOLD HARMLESS: OLYCAP agrees to defend, indemnify, and hold City, its officers, officials, employees, and volunteers, harmless from any and all claims, injuries, damages, losses or suits, including attorneys fees, caused by or arising out of or in connection with any acts or omissions occurring on the City's premises caused or contributed to by OLYCAP or its agents, employees, or patrons. 11. INSURANCE: OL YCAP shall procure and maintain for the duration of this agreement, liability insurance against claims for injuries to persons or damage to property that may arise from or in connection with the use of the City's facilities. Said policy shall provide coverage with a company authorized to do business in the State of Washington and shall be written with limits no less than $1,000,000 each occurrence and $2,000,000 aggregate. Said policy shall name City as an additional insured and shall contain a clause stating that coverage shall apply separately as to each insured, except with respect to the limits of the insurer's liability. OLYCAP's insurance shall be primary insurance with respect to the City, and the City shall be given thirty (30) day's prior written notice of any cancellation, suspension, or material change in coverage. 12. ASSIGNMENT: The rights and obligations of OL YCAP as set forth in this program agreement shall not be assigned without the express written authority of City. 13. CIVIL RIGHTS and OTHER COMPLIANCES: A. During the performance of this agreement, OL YCAP agrees to comply with Title 6 of the Civil Rights Act of 1964, and all subsequent legislation relating to civil rights, which provides that no person shall, on the grounds of race, color or national origin, be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity. B. The work to be performed under this program agreement is in the Port Angeles Senior Services/Community Center building which was constructed with federal fmancial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection to the project be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the building. 14. MODIFICATIONS: This program agreement constitutes the entire agreement between the parties. The City or OL YCAP may suggest changes or modification in the terms of this agreement; however, no alteration or modification of the agreement shall be effective unless such modification of the agreement shall be in writing and signed by the parties hereto. 15. SEVERABILITY: If any provision of this agreement is found to be in conflict with any rule or statutory provision of the State of Washington, then such provision that may be in conflict shall be deemed inoperative and null and void, but shall not be deemed to affect the validity of the remaining provisions of this agreement. 2 16. APPLICABLE LAW: Any terms and provisions of this program agreement shall be determined under the laws of the State of Washington. Venue for any action brought pursuant to this agreement shall be exclusively in the Superior Court for the Clallam County, Washington. 17. TERMINATION: Should OL YCAP fail to operate the Senior Nutrition Program in good faith, within the time and manner herein set forth, or fail to keep or perform any or all of the agreements contained herein, and fails to cure said default within thirty (30) days notice of said default by City, then this Program Agreement shall be terminated by City. This Program Agreement may be terminated by OL YCAP in the event OL YCAP is no longer operating the Senior Nutrition Program, provided OL YCAP gives City at least 45 days written notice of such termination. IN WITNESS 'YH]!lliOF, ~~h..:;e duly executed this Memorandum of Understanding on or about the ~ay of , 2006. OLYCAP I: l'\l>d~~ Olympic Community Action Program Representative William E. Bloor, City Attorney Attest: 3 STATE OF WASHINGTON) )ss. County of CLALLAM ) \J\'C'. oR-.\>u.'o\t~ On this day personally appeared before me G\e.l\n PI . Cu.-\.-\.Q..Y" to me known to be the 1.1_......'" t Oh l\ t~ of the CITY OF PORT ANGELES, the municipal corporation that executed the within and ~ ?oregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipalcorporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. GIVEN under my hand and official seal this ,~ day of~ 200~ ~\\"."tt""_ !<t,\\\\ "" DE~ ~~~ ............~~ i~~~~ ~ ! Cot ......,,, \ =: ..... I STATE OF WASHINGTON) \ \. .- i". )ss. \ ,\..~ .. .t..~.$ County of CLALLAM ) ~".~";aa._.~' ~~., ~\\~ ""'.u",,,,"\'.-r- , L N ~ On this day personally appeared betore me I. f7()e~ to me known to be uet... DilU'~ of the OLYMPIC COMMUNITY ACTION PROGRAMS, the private non-profit corporation that executed the within and forgoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. ~~ tt'\ S).sL S;"'G- 'f\. ~ NOT AR PUBLIC in and for the State of Washington, residing in Port Angles My appointment expires: S -dS -0..., GIVEN under my hand and official seal this /10 day of M, 200 ~ARY P:mV C in and fo . Stat. of Washington, residing in Port Angles My appointment expires: ~ tf.. ;JtJ61 ~ S'~.. e. ~~ !'~l ,llOT~.1* .~\ :: .s -", ;fn: EPTOI~: = : -.. . · .VVIJ. i :",. -i!!.# \~../~lJBLIC /01 ~". · ..r~ lIo,ollO,;........ ~~4" ."'~ WAS~~\",\i ,,,,.......,,,,, 4 5.~7 . f' . .J RENTAL AND USE AGREEMENT This rental and use agreement is entered into this 1st day of January, 2000, by and between the City of Port Angeles, a municipal corporation of the State of Washington, hereinafter referred to as "Owner", and the Clallam-Jefferson Community Action Council, Inc., a private non-profit corporation formed under the laws of the State of Washington, 802 Sheridan, Port Townsend, Washington, which operates a Senior Nutrition Program providing low-cost meals for senior citizens, hereinafter referred to as "Tenant": In consideration of the promises and covenants set forth herein, the parties agree as follows: 1. Premises The premises which are the subject of this rental and use agreement are that portion of the Port Angeles Senior Services and Community Center located at 328 East 7th Street in the City of Port Angeles, Washington, which includes the dining room and kitchen facilities, together with appropriate access. 2. Use of Premises The premises shall be used for the storing, preparing, and serving of foodstuffs and meals to persons eligible under Tenant's Senior Nutrition Program. Tenant shall use the subject premises for this purpose on Monday through Friday of each week. Tenant shall come upon the subject premises at 10:30 a.m. o'clock and shall vacate the same at 7:30 p.m. o'clock. Tenant shall have primary use of kitchen facilities during the period of2:00 p.m. to 5:00 p.m. Monday through Friday. Tenant shall have exclusive use of the dining room during the period of3:00 p.m. to 6:00 p.m. Monday through Friday. Upon completion of each day's preparation and serving of meals, Tenant shall leave the premises in a neat, sanitary and safe condition, having washed and stored all cooking and dining equipment, cleaned tables and chairs, and vacuumed or broom-cleaned the floor, as appropriate. Tenant shall abide by all laws, rules and regulations concerning the protection of such premises from fire and other casualties and applicable health regulations. 3. Term This rental and use agreement shall be for a term of five years commencing 1/1/00 and ending 12/31/04. Extensions to the term of this agreement may be negotiated by the parties, provided that notice of intention to negotiate a lease extension shall be given at least 120 days prior to expiration of the lease term, and further provided that Tenant shall not be in default at the time of giving such notice of intention to negotiate for extension or on the date of the expiration of the original lease term. Such extended term shall be upon all of the provisions applicable to the original term of this rental and use agreement other than the provision relating to rental amount. - 1- f, . . . . , . . (- .: -.-/ 4. Rental Amount Tenant agrees to pay to Owner, at 321 East 5th Street, Port Angeles, Washington, rental in the amount of FIVE HUNDRED DOLLARS ($500.00) per month, payable in advance on the first day of each and every month during the first yearly period hereof. The rental amount for each subsequent yearly period of this rental and use agreement shall be negotiated by the parties, but in no event shall such rental amount be less than the amount of the rental rate for the initial yearly rental period plus 80% of the increase shown in the Consumer Price Index for the Seattle, Washington area, nor more than the rental rate for the initial rental period plus 100% of the increase shown in the Consumer Price Index for the Seattle, Washington area. Such negotiated rental amount shall become effective on the first day of November of each yearly period and shall be payable in advance on the first day of each month during that rental period. The rental amount shall be negotiated by and between an authorized representative of the Clallam-Jefferson Community Action Council, Inc. and the City Manager or his designee. 5. Utilities Owner agrees that it will provide electricity, water and sewage service to Tenant without charge. Tenant agrees to monitor the use thereof and to prevent abuse or waste thereof. 6. Maintenance Owner agrees to maintain and repair structural portions of the leased premises including electrical and plumbing, fixtures and appliances, except for damage or malfunction thereof which may be caused solely by the Tenant, in which case the Tenant agrees promptly to reimburse the Owner for the Owner's cost in repairing or replacing the same. Owner shall be responsible for general janitorial services and maintenance of the premises in a neat, sanitary and safe condition after use by other tenants. 7. Agency The parties agree that the Tenant is a separate, distinct and independent agency; is not the agent or representative of the Owner; has no right to bind the Owner, whether by contract or conduct; and that no employee of Tenant shall, for any purpose, be deemed an employee or agent of Owner. 8. Liens Tenant shall not suffer or permit any lien to be filed against the property subject to this agreement, by reason of work, labor, services or materials performed or supplied to Tenant. If any such lien is filed, Tenant shall cause the same to be discharged of record within thirty (30) days after the date of filing the same. 9. Indemnification and Hold-Harmless Tenant agrees to defend, indemnify and hold Owner, its officers, officials, employees and volunteers, harmless from any and all claims, injuries, damages, losses or suits, including - 2- . .' . . . ..' I ),0.-' attorneys fees, caused by or arising out of or in connection with any acts or omissions occurring on the premises subject to this rental and use agreement, which may be caused or contributed to by Tenant or its agents, employees or patrons, except for injuries and damages caused by the sole negligence of Owner. 10. Insurance Tenant shall procure and maintain for the duration ofthis agreement, liability insurance against claims for injuries to persons or damage to property which may arise from or in connection with the rental and use of the subject premises. Said policy shall provide coverage with a company authorized to do business in the State of Washington and shall be written with limits no less than $1,000,000 each occurrence and $2,000,000 aggregate. Said policy shall name Owner as an additional insured and shall contain a clause stating that coverage shall apply separately as to each insured, except with respect to the limits ofthe insurer's liability. The Tenant's insurance shall be primary insurance with respect to the Owner, and the Owner shall be given thirty (30) days' prior written notice of any cancellation, suspension or material change in coverage. 11. Assignment The rights and obligations of Tenant as set forth in this rental and use agreement shall not be assigned without the express written authority of Owner. 12. Civil Rights and Other Compliances A. During the performance of this agreement, Tenant agrees to comply with Title 6 of the Civil Rights Act of 1964, and all subsequent legislation relating to civil rights, which provides that no person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity. B. The work to be performed under this rental and use agreement is in the Port Angeles Senior Services Community Center building which was constructed with federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection to the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the building. 13. Modification This rental and use agreement constitutes the entire agreement between the parties. The Owner or the Tenant may suggest changes or modification in the terms ofthis agreement; - 3- . . ,; '". , / ~ }J" . . however, no alteration or modification of the agreement shall be effective unless such modification of the agreement shall be in writing and signed by the parties hereto. 14. Severability If any provision of this agreement is found to be in conflict with any rule or statutory provision of the State of Washington, then such provision which may be in conflict shall be deemed inoperative and null and void, but shall not be deemed to affect the validity of the remaining provisions of this agreement. 15. Applicable law Any terms and provisions of this rental and use agreement shall be determined under the laws of the State of Washington. Venue for any action brought pursuant to this agreement shall be exclusively in the Superior Court for Clallam County, Washington. 16. Termination Should Tenant fail to operate the Senior Nutrition Program in good faith, within the time and manner herein set forth, or fail to keep or perform any or all of the agreements contained herein, and fails to cure said default within 30 days notice of said default by Owner, then this Rental and Use Agreement may be terminated by Owner. This Rental and Use Agreement may be terminated by Tenant in the event Tenant is no longer operating the Senior Nutrition Program, provided Tenant gives Owner at least 45 days written notice of such termination. EXECUTED by the parties hereto the day and date first above written. By Its STATE OF WASHINGTON) ) ss. County of CLALLAM ) On this day personally appeared before me be the Mayor of the CITY OF PORT ANGELES, the m to me known to n that executed the - 4- .It ., .. . > 0\ V"" (1 .." ... 0' .. . within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. GIVEN under my hand m:d official seal this ~y of n-j) A . , 2000. :\\\\\\\\\11I111111111. ~ ~~ ~C'/..v J. (J::~ ~ ~ :>-~ ~ ,,0.,.... ~ \ :: 0) a.- 'I- ::: ==.....-w...... :: :::: '>. 10...... :: ~ ~ (1_"'0 ~ ~ ~ OR ~~ # My appointment expires: 4- 1- O?/){)~ ~/I. WAS~\~ ~\~ ~III""IU\\\\\\\~ STATE OF WASHINGTON) ) ss. County of CLALLAM ) On this day personally appeared before me -'::UJ.f)( Jlf)~] to me known to be ther~(lf'LdJj;e !l:tkfJ1i1Yc 9fthe CLALLAM-JEFFERSON COMMUNITY ACTION COUN IL, the pnvate non-profit corporation that executed the wIthm and foregomg mstrument, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. GIVEN under my hand and official seal thislli day of ~, 2000. <>,"""~'~"~:"IIIIII", .-I~~ ~ J3.dA ~ ~~ ........... S / \$I ~ ('/J?.EJ;t), '?f%Z ! ir/'..OTA~..."",~o\ NOT~Y PUB~I~ in and ~the State f ~ (~7 J.. \ "'0 == Washmgton, resIdmg at Port Angeles. - (J) -07-03: = /:; ~-"'\.o :~:: ~ y. (J ,C l 0 ~ .. ~ ~....... · L ../ ,f:' ~ My appomtment expIres: CJ 7 /a 7 3 ;.z 0 ......... ~V' ~ I '0 I:" WAS~\ ~ '/111 \\\' 1//11" /III \ \111\ A \semorcenler wpd - 5- r Bec^~y ~..pton -~Re' Coml]1U:'n'lty"AC!IOn"~ Center ~~ase " : . ^_. ,Page 1 I From: To: Date: Subject: Becky Upton Cheryl Possinger 11/8/053:41 PM Re: Community Action Sr Center Lease Cheryl, As I mentioned to you, it appeared the Rental and Use Agreement at the Senior Center fell through the cracks. I had reminded Marc Connelly, but it would appear a new or extended agreement wasn't pursued. The matter has been brought to Glenn Cutler's attention, and I'm sure the Situation will be remedied in some fashion In the near future. Becky ..""Pa e ~1 ,j .^' .9., I,I3ec~y U.pt~n - CommunitY Aclliin StCe~r Lease iiI From: To: Date: Subject: Cheryl Possinger Becky Upton 11/8/05 12:20PM Community Action Sr Center Lease The last agreement I have is Clerk File No 5.367. This lease expired 12/31/04. Has there been a new lease agreement or have we been billing and them paying from the old agreement. Thank you for you help I BeckX,Upton -j~>e.wMeAgainl>~>Le~e's Page'1, II From: To: Date: Subject: Becky Upton Cheryl Possinger 8/31/0412:56PM Re: Me Againl! Leases Also as discussed, you should have inhented a copy of the lease agreement that was transmitted to Don Madison and Becky Horton (Veld house) on February 14, 2000. In that you cannot find that copy, I will be providing you with another copy under separate cover Becky >>> Cheryl Possinger 08/30/04 03:30PM >>> Could I also get what you might have In agreements for Olympic Community Action for the Senior Center Lease of $500.00 monthly and for what is now Panfish (formerly Cypress, Northwest Searfarms,) for Ediz Hook. Thank you again 11 Becky l!PlonJ~~ontract"Exfura!&ns _"'"" " pa 'e'1'1 '"' ~,g , , From: To: Date: Subject: Marc Connelly Becky Upton 4/15/0412:18PM Re: Contract Expirations Thanks for the update. I will give you a copy of a letter I sent to the Swim Club extending their agreement temporarily until we hire a new Recreation Services Manager. Thanks--Marc >>> Becky Upton 04/15/04 1 0:30AM >>> Marc, I am doing a review of my file index to determine if we need to renew certain contracts, agreements, etc. The following is provided to you as a courtesy reminder of expirations: City Clerk File No. 5.367: Clallam-Jefferson Community Action Council - Rental and Use Agreement - Senior Nutrition Program at Port Angeles Senior Services & Community Center - 1/1/2000 - 12/31/2004 @ $500/mo. w/subsequent negotiations - may negotiate extensions City Clerk File No. 5.561: Port Angeles Dive Club - William Shore Pool Use Agreement - 4/1/03 - 3/31/04 (Is it possible this agreement was renewed, but I didn't get an original for my files?) Becky 0.' .~ ~ ~ 5. &.07 ~ORTANGELES WAS H I N G TON, U. S. A. OFFICE OF THE CITY MANAGER February 14,2000 TO: Don Madison, Property Manager Becky Veldhouse, Accountant FROM: Becky J. Upton, City Clerk ~ SUBJECT: Rental and Use Agreement - Clallam-Jefferson Community Action Council for Senior Nutrition Program City Clerk File No. 5.367 At its meeting of January 18, 2000, the City Council approved the above referenced agreement with the Clallam-Jefferson Community Action Council, a copy of which is attached for your information. It is my understanding that this agreement is administered by the Parks & Recreation Director and, further, that no invoicing needs to take place. However, I am uncertain as to whether Accounting at least needs to enter this agreement on the receivables system in order to monitor payments made. It would be my suggestion that any needed follow-up should take place with Parks Director Brodhun. Attachment 5.8&7 . , . . RENTAL AND USE AGREEMENT This rental and use agreement entered into this 1st day of November, 1994, by and between the City of Port Angeles, a municipal corporation of the State of Washington, as Owner, and the Clallam-Jefferson Community Action Council, Inc., a private non- profit corporation formed under the laws of the State of Washington, 802 Sheridan, Port Townsend, Washington, which operates a Senior Nutrition Program providing low-cost meals for senior citizens, Tenant, is set forth as follows: 1. Premises The premises which are the subject of this rental and use agreement are situate in Port Angeles, Washington, being a portion of the Port Angeles Senior Services and Community Center located at 328 East 7th Street in the City of Port Angeles, Washington, comprising the dining room and kitchen facilities, together with appropriate access. 2. Use of Premises The premises subject of this agreement shall be used for the storing, preparing and serving of foodstuffs and meals to persons eligible under Tenant's Senior Nutrition Program. It is contemplated that the Tenant will use the subject premises for its purposes on Monday through Friday of each week. It is further anticipated that the Tenant will come upon the subject premises at 10:30 A.M. o'clock and will vacate the same at 7:30 P.M. o'clock of each day used. Tenant shall have primary use of kitchen facilities during the period of 2:00 P.M. to 5:00 P.M. Monday through Friday. Tenant shall have exclusive use of the dining room during the period of 3:00 P.M. to 6:00 P.M. Monday through Friday. Upon completion of each day's preparation and serving of meals, Tenant shall leave the premises in a neat, sanitary and safe condition; having washed and stored all cooking and dining equip- ment, cleaned tables and chairs, and vacuumed or broom-cleaned the floor, as appropriate. Tenant will abide by all laws, rules and regulations concerning the protection of such premises from fire and other casualties and applicable health regulations. - 1 - -' 3 . Term This rental and use agreement shall be for a term of five years commencing 11/7/94 and ending 10/31/99. Extensions to the term of this agreement may be negotiated by the parties provided that notice of intention to negotiate a lease extension be given at least 120 days prior to expiration of the lease term and further provided that Tenant is not in default at the time of giving such notice of intention to negotiate for extension or on the date of the expiration of the original term thereof. Such extended term shall be upon all of the provisions applicable to the original term of this rental and use agreement other than the provision relating to rental amount. 4. Rental Amount Tenant agrees to pay to Owner, at 321 East 5th Street, Port Angeles, Washington, rental in the amount of FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($450.00) per month, payable in advance on the first day of each and every month during the first yearly period hereof. The rental amount for each subsequent yearly period of this rental and use agreement shall be negotiated by the parties, but in no event shall such rental amount be less than the amount of the rental rate for the initial yearly rental period plus 80% of the increase shown in the Consumer Price Index for the Seattle, Washington, area, nor more than the rental rate for the initial rental period, plus 100% of the increase shown in the Consumer Price Index for the Seattle, Washington, area. Such negotiated rental amount shall become effective on the first day of November of each yearly period and shall be payable in advance on the first day of each and every month during that rental period. The rental amount shall be negotiated by and between an authorized representative of the Clallam-Jefferson Community Action Council, Inc. and the City Manager, or his designee. 5. Services Owner agrees that it will provide electricity, water and sewage service to Tenant without charge. Tenant agrees to monitor the use thereof and to prevent abuse or waste thereof. - 2 - " Owner agrees to maintain and repair structural portions of the leased premises including electrical and plumbing, fixtures and appliances, except for damage or malfunction thereof which may be caused solely by the Tenant, in which case the Tenant agrees promptly to reimburse the Owner for the Owner's cost in repairing or replacing the same. Owner shall be responsible for general janitorial services and maintenance of the premises in a neat, sanitary and safe condition after use by other tenants. 6 . Aqencv The parties agree that the Tenant is a separate, distinct and independent agency; is not the agent or representative of the Owner; has no right to bind the Owner, whether by contract or conduct; and that no employee of Tenant shall, for any purpose, be deemed an employee or agent of Owner. 7. Liens Tenant shall not suffer or permit any lien to be filed against the property subject of this agreement, by reason of work, labor, services or materials performed or supplied to Tenant. If any such lien is filed, Tenant shall cause the same to be discharged of record within thirty (30) days after the date of filing the same. 8. Indemnification and Hold Harmless Tenant agrees to defend, indemnify and hold Owner, its officers, officials, employees and volunteers, harmless from any and all claims, injuries, damages, losses or suits, including attorneys fees, caused by or arising out of or in connection with any acts or omissions occurring on the premises subject to this rental and use agreement which may be caused or contributed to by Tenant or its agents, employees or patrons, except for injuries and damages caused by the sole negligence of Owner. 9. Insurance Tenant shall procure and maintain for the duration of this agreement, liability insurance against claims for injuries to persons or damage to property which may arise from or in connection with the rental and use of the subject premises, which policies shall provide coverage in an amount satisfactory to Owner's Risk - 3 - Manager and with a company authorized to do business in the State of Washington. Said policy shall name Owner as an additional insured and shall contain a clause stating that coverage shall apply separately as to each insured, except with respect to the limits of the insurer's liability. The Tenant's insurance shall be primary insurance as respect the Owner, and the Owner shall be given thirty (30) days' prior written notice of any cancellation, suspension or material change in coverage. 9A. Waiver of Subroqation. Owner and Tenant hereby release each other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to or injury to persons covered by any insurance or self-insurance program then in force, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible; provided, however, that this release shall be applicable and in force and effect only with respect to any loss or damage occurring during such time as the programs or policies of insurance or self-insurance covering said loss shall contain a clause, provisions or endorsement to the effect that this release shall not adversely affect or impair said insurance or prejudice the right of the insured to recover thereunder. Any liability, fire and extended coverage insurance policies covering the premises shall contain such a clause if available without charge. If there be a charge, the party bearing the expense of the particular policy shall notify the other party and, in such event, shall have the clause added to their policy if the other party agrees to pay such extra charge. 10. Assiqnment The rights and obligations of Tenant as set forth in this rental and use agreement shall not be assigned without the express written authority of Owner. 11. Civil Riqhts and Other Compliances A. During the performance of this agreement, Tenant agrees to comply with Title 6 of the Civil Rights Act of 1964, and - 4 - all subsequent legislation relating to civil rights, which provides that no person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity. B. The work to be performed under this rental and use agreement is in the Port Angeles Senior Services Community Center building which was constructed with federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Develop- ment Act of 1968, as amended, 12 USC 1701. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the building. 12. Modification This rental and use agreement constitutes the entire agreement between the parties. The Owner or the Tenant may suggest changes or modification in the terms of this agreement; however, no altera- tion or modification of the agreement shall be effective unless such modification of the agreement shall be in writing and signed by the parties hereto. 13. Severability If any provision of this agreement is found to be in conflict with any rule or statutory provision of the State of Washington, then such provision which may be in conflict shall be deemed inoperative and null and void, but shall not be deemed to affect the validity of the remaining provisions of this agreement. 14. Applicable Law Any terms and provisions of this rental and use agreement shall be determined under the laws of the State of Washington. Venue for any action brought pursuant to this agreement shall be exclusively in the Superior Court for Clallam County, Washington. - 5 - .t' .... 15. Termination Should Tenant fail to operate the Senior Nutrition Program in good faith, within the time and manner herein set forth, or fail to keep or perform any or all of the agreements contained herein, and fails to cure said default within 30 days notice of said default by Owner, then this Rental and Use Agreement may be terminated by Owner. This Rental and Use Agreement may be terminated by Tenant in the event Tenant is no longer operating the Senior Nutrition Program, provided Tenant gives Owner at least 45 days written notice of such termination. EXECUTED by the parties hereto the day and date first above written. CITY OF PORT ANGELES ~r~.? ~"^o.k- CLALLAM-JEFFERSON COMMUNITY ACTION COUNCIL BY~'~ Its _ __ wE" ~'.eE2C .e. .z-/~-,5 STATE OF WASHINGTON) ) ss. County of CLALLAM ) On this day personally appeared before me to me known to be the of the CITY OF PORT ANGELES, the municipal corpo executed the within and foregoing instrument, and acknowle instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that ~ was authorized to execute said instrument, and that the seal affixed is the seal of said municipal corporation. GIVEN under my hand and official ~"{I~ , 1995. seal this (t:R day of IS~~Q>,~. ~r{;. NOTARY P L in nd for-the State of Washington, residing at Port Angeles. My appointment expires: q- J - q<;? - 6 - r' t STATE OF WASHINGTON) ) ss. County of CLALLAM ) On this day personally appeared before me lJ:7h' U llC--KFLL to me known to be the F1<.6Cu'"1-clIE7 bLREC:::t"OR ./ of the CLALLAM- JEFFERSON COMMUNITY ACTION COUNCIL, the private non-profit corpora- tion that executed the within and foregoing instrument; and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation, for the uses and purposes therein mentioned, and on oath stated that ~ was authorized to execute said instrument on behalf of said non-pro,fit corporation. GIVEN under my hand and official r- seal th~ 1(P~ day of ~~ ,1995. - - 7 - Request for Billing TO: Rebecca Veldhouse, Accounting Tech. FROM: -DiJ {I \PI (1' -!J g - q~ ) )~f\ I - Date: Please send a invoice in the amount of $ 00 <./~O- o o o o o o o o o o General/Mlscellaneous Landfill Accounts Leasehold EXCise Tax light Department MediC 1 Transport Police Department Parks Department Parkrng/Bus Improvement Area PenCom Dispatch Services Public Works Department to: Name: Address: o/~~IiA~^~..:lO" (lf1mry-y, rvt-,~ ad1C",-- (lauMd) H;,1v r \.1D_U -If\<) {' n. IJ I \^J A, tj g fir; C;; ~iS invoice is for ~ lJiz< 0 C2tfOO iY'O 0+- - {I elm rY'.l1 I (\ I t 1 t (1 Q. /\ OJ /v ./ <. ' vtl" \.~~ ,\ I L( .(! ( ~L ~ " ([) QL~ /~ /b) ~. Y)'~Oj"L tt "-- () @ ,PQ(u)..~c ~U~~l LL / 'u:JJ\ 0 :fo ~_LJ-. II / (f C1'(../ @ 1-?c2CI{AjfL '-/Y\Ct& '-rY~"'-~^f _ ~ L(~ f)QA. ~~/'--- ~'c~JL Actual Labor Costs $ Actual Material Costs $ Actual Vehicle Costs $ Misc. Costs $ cO Billing Fee $. <.j~50 -- Sales Tax $ Total $ 4 - 00 t')n - Authorizing Signature: Accounting Code: tJD('_~~' L loin/!' " 1 - 81()~, q(cll