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HomeMy WebLinkAboutKalliflorico & Rolling HillsAGREEMENT FOR USE OF THE PASCO SENIOR CENTER BETWEEN KALLIFLORICO DANCE GROUP AND THE CITY OF PASCO This agreement is made and entered into this 324L_ day of 2016 by and between the City of Pasco, hereinafter referred to as the "CRY" and Kallihorico 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. Building use location may change due to the possible sale of the Senior Center. If sale occurs, a new location for use will be arranged by the CITY. All other provisions of the agreement shall remain unchanged unless mutually agreed upon by AGENT and CITY. 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 1 sc day of January, 2016, and ending on the 315` day of December, 2016; provided, however, that if the AGENT faithfully perforans 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 on 30 (thirty) days prior notice to the other party for cause. For the purpose of this agreement, the term "cause" shall be defined as any material breach of the terms and conditions of this agreement, which breach has not been corrected within 10 days of written notice to the party alleged to have committed the breach. Any payment due either party up to the effective date of cancellation shall be due and payable to the appropriate party. 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 1IPage insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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 raring 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 times, 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, 2 1 P a g e 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 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" By: IgLr� Rick Terway Director A&CS City of Pasco Date: l -;y-l�"� Folkloric Dance Group - "AGENT" By: is . or es Kalliflorico Dance Group Date4/, {a 12 D / (o 3 1 P a g e 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 8:00pm o Sundays • 2"' and 4th Sunday of each month Time of use shall be 3:00pm to 5:00pm 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 AGENT's 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 the CITY, for example: o Cumbia, Salsa, Merengue, Samba, etc... o Details in the classes would be agreed upon mutually o Classes for all ages of children and adults • All classes would be Drop -In style • There would be a minimum charge of $2 per person per day o All Classes would establish and retain the same fee o Instructors would volunteer their time for the classes All Instructors must go through a Washington State Patrol Background check 2 Mandatory fundraisers per year o The AGENT shall have use the senior center to host community events o Charge a participant/entry fee or ask for a minimum donation fee o Half of the donated funds would be given to the CITY • Half of the Net Amount • The AGENT shall be asked to donate funds to at least one special event of the CITY'S choice. The donation amount shall be at least $150 per event • 2 Free for Use Days for Community performances/Special Events per year o One event shall be in December o AGENT shall choose the other date o AGENT may ask for donations or charge an entry fee for their own purpose and gain during these events Partner Organization The City would list the Kalliflorico Dance Group as a partner on its web site, with days and times of use. 4 1 P a g e AGREEMENT FOR USE OF THE PASCO SENIOR CENTER BETWEEN ROLLING HILLS CHORUS AND THE CITY OF PAt�MINGHILLS fitThis agreement is made and entered into this V da2016 by and between the City of Pasco, hereinafter referred to as the CHORUS hereinafter called the "AGENT". BUILDING USE: The AGENT shall be granted use of the Senior Center Ballroom (Multi -Purpose Room) on Thursday evenings from 6:OOpm—10: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. Building use location may change due to the possible sale of the Senior Center. If sale occurs, a new location for use will be arranged by the CITY. All other provisions of the agreement shall remain unchanged unless mutually agreed upon by AGENT and CITY. 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 I' day of December, 2015, and ending on the 31" day of December, 2016; provided, however, that 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 on 30 (thirty) days prior notice to the other party for cause. For the purpose of this agreement, the term "cause" shall be defined as any material breach of the terms and conditions of this agreement, which breach has not been corrected within 10 days of written notice to the party alleged to have committed the breach. Any payment due either party up to the effective date of cancellation shall be due and payable to the appropriate party. 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 I I P a g e as)8 insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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 times, 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. XL 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, 21Paee 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 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" By: /t r�"MV Rick Terway Director A&CS City of Pasco ?l09-/0 Rolling Hills Chorus - "AGENT" Name: 1-61 Name of Authori ed Representative Rolling Hills Chorus Signature-2 Date: % fes/ 0 -o /(., X ! a ( 22 Ah -Carpenter Rolling Hills Chorus Date: /-l2-&-) 31 AGREEMENT FOR USE OF THE PASCO SENIOR CENTER BETWEEN ROLLING HILLS CHORUS AND THE CITY OF PASCO APPENDIX"A" Use of the facility • Thursdays o All Thursdays in each month • Time of use shall be 6:00pm to 10:00pm Saturdays • Two Saturdays per year • Dates and times would be scheduled in advance • Time of use shall be 8:00am to 8:00pm 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 Rolling Hills Chorus scheduled use if it was a planned community event, fundraiser or training session. 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 Rolling Hills Chorus: • Performance/Volunteering: o Rolling Hills Chorus shall be asked to perform/volunteer for the CITY up to two separate occasions (i.e. special events, fun runs, etc.) o Dates and times would be scheduled in advance. o Details on the performances/volunteer work would be agreed upon mutually. o There shall be a minimum of 80 volunteer hours worked per year. • 2 Mandatory fundraisers per year o Rolling Hills Chorus Dance Group shall have use the senior center to host community events. o Charge a participant/entry fee. o Half of the charged funds would be given to the CITY. • Half of the Net Amount. • Rolling Hills Chorus shall be asked to donate funds for two separate special events or other events of the City's choice. The donation amount shall be at least $150 per event. o 2 events per year. • 1 Free Community performances/Special Events per year o Event shall be in December. Partner Organization • The CITY would list Rolling Chorus as a partner on its web site, with days and times of use. • The CITY shall ask the same of Rolling Hills Chorus to be highlighted as a partner on its website. 41Pn��