HomeMy WebLinkAbout5.367 Original Contract
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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.
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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
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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.
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~~~
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
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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.
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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:~
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tf' ;;" /' U B L \ ~ ..'Sj' My appointment expires: 7 /l1 ~ ;;.0/ ()
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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
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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.
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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~
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STATE OF WASHINGTON) \ \. .- i".
)ss. \ ,\..~ .. .t..~.$
County of CLALLAM ) ~".~";aa._.~'
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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
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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.
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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
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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
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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.
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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
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! ir/'..OTA~..."",~o\ NOT~Y PUB~I~ in and ~the State f
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- 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.'
.~
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~
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.
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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:
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Please send a invoice in the amount of $
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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:
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Actual Material Costs $
Actual Vehicle Costs $
Misc. Costs $
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Billing Fee $. <.j~50 --
Sales Tax $
Total $ 4 - 00
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Authorizing Signature:
Accounting Code:
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