HomeMy WebLinkAboutKalliflorico Dance Group - Agreement Use of Pasco Senior CenterAGREEMENT FOR USE OF THE PASCO SENIOR CENTER
BETWEEN
KALLIFLORICO DANCE GROUP
AND
THE CITY OF PASCO
This agreement is made and entered into this 21 day of nqar4 2015 by and
between the City of Pasco, hereinafter referred to as the "CITY" and kalliflorico Dance Group
hereinafter called the "AGENT".
I. BUILDING USE: The AGENT shall be granted use of the Senior Center Ballroom for on
Tuesday and Wednesday evenings from S:OOpm — 7:OOpm, on the second and fourth
Sundays of each month from 3:OOpm — S:OOpm, and for the events and classes delineated
in section II of this agreement. The AGENT also agrees to the following as it relates to
their use of the Senior Center. See Appendix "A" for details highlighting use of the Pasco
Senior Center.
II. COMPENSATION: The AGENT will compensate the CITY for use of the Senior Center
Ballroom in the following ways: See Appendix "A" for details on compensation for use
of the Pasco Senior Center.
III. DURATION: The duration of this agreement shall be for a period commencing on the 6`s
day of October, 2014, and ending on the 31' day of December, 2015; provided, however,
that if the AGENT faithfully performs all of its duties and responsibilities pursuant to this
settlement. Upon mutual consent between the AGENT and THE CITY this agreement
shall have the option to be extended for additional one-year periods.
IV. MODIFICATIONS: This agreement may be modified, in writing, at any time by the
mutual consent of the parties hereto.
V. CANCELLATION: Either party may cancel this agreement with 30 (thirty) days written
notice to the other party, without cause.
VI. INSURANCE: AGENT agrees to procure and maintain for the duration of the agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the use of the premises.
No Limitations. AGENT maintenance of insurance, as required by the agreement, shall
not be construed to limit the liability of the AGENT to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
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General Liability. Insurance covering premises, products, completed operations and
contractual liability. The CITY shall be named as additional insured on the AGENTS
General Liability insurance policy. The General Liability shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance
policy shall contain, or be endorsed to contain, that the AGENT'S insurance coverage
shall be primary insurance as respects the CITY. Any insurance, self-insurance, or
insurance pool coverage maintained by the CITY shall be in excess of the AGENT"S
insurance and shall not contribute with it. The AGENT shall provide a certificate of
insurance evidencing the required insurance before using the Premises. Insurance is to be
placed with insurers with a current A.M. best rating of not less than A:VII.
VII. CITY HELD HARMLESS: The CITY shall not be liable for any damage or injury of
whatever nature to any person or property occurring on the premises subject to this
Agreement as a result of any activities of the Agent or its use of the premises during the
term hereof. The AGENT shall hold the CITY harmless from any and all claims which
may arise from any such damage or injury above-mentioned and shall, at its own cost and
expense, defend any and all claims which may be brought against the CITY upon such
claims and pay any and all judgments that may be recovered against the CITY for such
actions, provided, however, that the CITY shall be liable, and the AGENT shall have no
obligation to indemnify the CITY, to the extent that such damage or injury is caused by
any negligent act or omission of the CITY or any of its agents or employees.
VIII. AGENT IS INDEPENDENT CONTRACTOR: It is understood and agreed that the term
"AGENT" is a descriptive term only. AGENT is not an employee of the CITY, has no
authority to bind the CITY other than the authority which is specifically set forth in this
agreement, and shall, at all rimes, be considered an independent contractor.
IX. NON-DISCRIMINATION: The AGENT agrees not to discriminate against any client,
employee, volunteer or applicant for employment or for services because of race, creed,
color, national origin, sex or age with regard to but not limited to the following:
employment upgrading; demotion or transfer; recruitment or any recruitment advertising;
layoff or termination; rate of pay or other forms of compensation; selection for training or
rendition of services. If the AGENT violates this non-discrimination provision, the CITY
may terminate this agreement, in whole or in part, without incurring liability for such
termination.
X. JURISDICTION: The agreement shall be construed and interpreted in accordance with
the laws of the State of Washington and the venue of any action brought hereunder shall
be in the Superior Court for Franklin County.
XI. WAIVER: Any waiver by any party hereto with regard to any of its rights hereunder
shall be in writing and shall not constitute or act as a waiver to any future rights which
such party might have hereunder.
XII. ENTIRE AGREEMENT: This agreement sets forth in full the entire agreement of the
parties in relation to the subject matter hereof, and any other agreement, representation,
or understanding, verbal or otherwise, relating to the professional services of the AGENT
or other dealing in any manner with the subject matter of this agreement is hereby
deemed to be null and void and of no force and effect whatsoever. This agreement may
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be waived, changed, modified, or amended only by written agreement executed by both
of the parties hereto.
If any provisions of this agreement shall be deemed in conflict with any statute of rule of law,
such provision shall be deemed modified to be in conformance with said statute or rule of law.
City of Pasco - "CITY" Folkloric Dance Group - "AGENT"
By:
Rick Terway
Director A&CS
City of Pasco
Date: /-?-6-OS
M-MAR-Pal.Oca
Kalliflorico Dance Group
Date: 0IZai /,-,o les
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AGREEMENT FOR USE OF THE PASCO SENIOR CENTER
BETWEEN
KALLIFLORICO DANCE GROUP AND THE CITY OF PASCO
APPENDIX "A"
Use of the facility
• Tuesdays, Wednesdays and 2 Sundays per month
o Tuesdays and Wednesdays
• Time of use shall be 5:00pm to 7:00pm
o Sundays
• 2nd and 4`h Sunday of each month
Time of use shall be 5:00pm to 7:00pm
• The City would have the option to bump the scheduled use for any potential rentals, for City Use
or any other reason deemed appropriate
o The City would not bump the Kalliflorico scheduled use if it was a planned community
event or fundraiser
A key and code would be issued to the group
o We would need a primary and secondary person listed as the responsible party
Building Use Compensatory Action plan for the Kalliflorico Dance Group:
Teach Spanish style dance classes for us, for example:
o Cumbia, Salsa, Merengue, Samba, etc...
o Details in the classes would be agreed upon mutually
o Classes for kids and adults
• 2 classes per session — 6 per year
• This would be the minimum
• If classes went well and there was a demand for more the City of Pasco would
like to offer more classes
o Classes at no charge to the City of Pasco
The instructor would volunteer her time for the City's classes
2 Mandatory fundraisers per year
o Kalliflorico Dance Group shall have use the senior center to host community events
a Charge a participant/entry fee
o Half of the donated funds would be given to the City of Pasco
• Half of the Net Amount
• Kalliflorico shall be asked to donate funds to our annual Volunteer Reception or other event of
the City's choice. The donation amount should be at least $150 per event
o 1 event per year.
• 2 Free Community performances/Special Events per year
o One event shall be in December
o Kalliflorico shall choose the other date
Partner Organization
The City would list the Kalliflorico Dance Group as a partner on its web site, with days
and times of use.
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