HomeMy WebLinkAboutColumbians Drum & Bugel Corps - Facility Use for Highland Park Football FieldsContract No: REC20-001
Pasco ; FACILITY USE AGREEMENT
51+• <<_ �{ HIGHLAND PARK FOOTBALL FIELDS
- Columbians Drum & Bugle Corps -
This agreement between the City of Pasco, a Municipal Corporation of the State of Washington,
located in the County of Franklin, herein referred to as "City'; and the Columbians Drum and
Bugle Corps (501 c3 operating under the "Friends of the Columbians "; 5016 No. 46-14-75243) a
private non-profit corporation of the State of Washington, herein referred to as "CDBC", both
sometimes referred to as "Parties", is entered into on this day ofF�_6r'dGf._1 , 2020.
In consideration of the mutual covenants herein set out, the Parties agree as follows:
1. Official Communication:
For any official written communication between the City of Pasco and CDBC the following
Names and addresses will be used:
Columbians Drum & Bu le Cors City of Pasco
Address: fo BoX `14140 Address: 525 N. Third Ave
eA,, to IAIA q9 30.2 Pasco, WA 99301
Phone number: 5qq- !- 17 Phone number: 509-545-3456
Emai1:exec y4iVe /rec,'iZ,-&Colytnb;An5)#'✓mrarQf.0r5 Email: kubalekbrd)oasco-wa gov
2. Premises:
City hereby grants to CDBC the right to use the certain real property known as the Highland
Park Football Fields, located at E. Broadway St. and N Wehe Ave, Pasco, Washington, under
the terms and conditions as herein provided.
3. Term:
This Use Agreement shall be in full force and effect for the 2020-2022 Columbian Drum &
Bugle Corps seasons unless terminated sooner as provided herein. This Agreement may be
renewed for subsequent years upon agreement of the parties.
4. Use Dates & Times:
City hereby grants CDBC use of the Premises according to the following schedule:
• Memorial Weekend: Friday from 5:00pm to 9:00pm and Saturday — Monday 8:00am to
9:00pm
• June/July: Up to 3 consecutive weeks (6 days per week) from mid-June to the first full
week of July, specific start date subject to the Pasco School District school year calendar.
Use time from 8:00am — 9:00pm.
5. Use Fees & Other Charges:
As compensation for use of the premises CDBC shall do the following:
1. Field Painting: For each requested painting CDBC shall pay to the City a field Painting
Fee of $100 per field. This shall only be charged if field painting is requested by CDBC
and said request must be submitted with at least 10 days advance notice. *NOTE: Any
Field Use Agreement — CDBC — Highland Park
painting of the fields must be performed by City of Pasco maintenance staff. CDBC is not
to attempt to paint the fields on their own.
2. Pay to the City a use fee of $10 per day per field
3. Perform a total of 1.5 hours or more at the City of Pasco Summer Concerts or other
Special Events. Performances dates and times must be coordinated with the City's
Recreation Department.
4. Participate in the Pasco's Grand Old 0 of July Parade when possible as permitted by the
Drum Corps International Schedule. When able to participate CDBC must, separate from
this agreement, complete and turn in the Parade Participant waiver and registration form.
6. Use of Premises:
The premises shall be used by CDBC for practice and competition and for no other purposes,
without prior written consent of the City. CDBC is permitted to park their equipment trailer in
the Northwest gravel parking lot during their use days. CDBC will observe and follow all City
Park Code (See PMC Chapter 9.100) as well as all general park and field use terms &
conditions while using the Premises. CDBC shall be responsible for managing the safety of its
members, volunteers, staff and attendees during all practices and events it hosts at the
Premises.
7. Vendors:
Vendors are not permitted on the grounds or in the parking lot except as permitted individually by
the City of Pasco recreation office. It there is a City contracted vendor in the park then any and all
other vendors, as per city code, must remain at least 300 feet (Length of a football field) away
from any and all entrances to the park. If there is no contracted vendor in the park then vendors
must remain along roadside and may not stay for more than 1 hour at a time. It is expected that
CDBC will help to enforce this rule.
S. Trash Pick-up:
As the renter of the facility it is CDBC's responsibility to ensure the fields are free from debris,
placed in trash cans, dumpster or removed from the Premises before they vacate the Premises.
Cleanliness of the Premises will be verified by city staff.
9. Portable Toilets:
Should CDBC feel there is a need for restroom capacity beyond the permanent restrooms present
in the park, CDBC is authorized to order and pay for portable toilets to be delivered to the
Premises. The portables must be placed at the east end of the gravel parking lot located in the NW
corner of the park. CDBC must also arrange for the removal of the portables when their use is at
an end.
10. Insurance:
CDBC shall 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
performance of any and all activities hereunder by CDBC, its agents, representatives, or
employees.
Minimum Scope of Insurance. CDBC shall obtain insurance of the types described below:
Field Use Agreement — CDBC — Highland Park
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Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, personal injury, advertising injury,
activities of CDBC and activities of independent swim CDBCs who are competing against
CDBC in swim meets. The City shall be named as an additional insured under CDBC's
Commercial General Liability insurance policy with respect to the activities of CDBC under
this Agreement.
Minimum Amounts of Insurance. CDBC shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no less than:
® $1,000,000 each occurrence, $2,000,000 general aggregate; OR
p $_ each occurrence; and $ general aggregate
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Commercial General Liability insurance:
CDBC'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 excess of CDBC's
insurance and shall not contribute with it.
CDBC's insurance shall be endorsed to state that coverage shall not be cancelled, except after
thirty (30) days prior written notice by certified mail, return receipt requested, has been given
to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
Verification of Coverage. CDBC shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing full satisfaction of the insurance requirements of CDBC before
commencement of any activities hereunder.
No Limitation. CDBC procurement and maintenance of insurance as required by this
Agreement shall not be construed to limit the liability of CDBC to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
11. Indemnification/Hold Harmless.
CDBC shall defend, indemnify, and hold harmless the City, its officers, officials, agents,
employees, and volunteers from any and all claims and causes of action, including, but not
limited to, actions of law or administrative proceedings for all injuries to persons or damages
to property, and all losses, damages, demands, suits, judgments, including attorney fees,
arising out of, or as a result of, or in connection with the activities performed under and
governed by this Agreement, except for injuries and damages caused by the sole negligence
of the City, its officers, employees, agents, and volunteers.
Field Use Agreement — CDBC — Highland Park
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It is further agreed that the indemnification provided herein constitutes CDBC's waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification.
No liability shall attach to the City by reason of entering into this Agreement except as
expressly provided herein.
This indemnification shall include damages, penalties and attorney fees sustained as a result
of CDBC's delayed or failed performance of Section 6 above.
This waiver has been mutually negotiated by the parties, and the provisions of this section
shall survive the expiration or termination of this Agreement.
12. Termination:
This Agreement may be terminated under the following conditions:
a. Upon 60 days written notice by either party to the other.
b. Failure of CDBC to comply with the conditions of this Agreement may be
grounds for termination. CDBC will be allowed 10 days to correct conditions not in
compliance with the Agreement. City may terminate the Agreement immediately if
conditions are not corrected within 10 days.
13. Dispute Resolution:
This Agreement has been and shall be construed as having been made and entered into and
delivered within the State of Washington, and it is agreed by each party hereto that this
Agreement shall be governed by the laws of the State of Washington.
In the event of a dispute regarding the enforcement, breach, default, or interpretation of this
Agreement, the Parties, or their designees, shall first meet in a good faith effort to resolve
such dispute. In the event the dispute cannot be resolved by agreement of the parties, said
dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both
parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco,
Franklin County, Washington. The substantially prevailing party shall be entitled to its
reasonable attorney fees and costs as additional award and judgment against the other.
14. Non -Waiver:
Waiver by either party of strict performance with any provision of this Use Agreement shall
not be a waiver of or prejudice to the party's right to require strict performance of the same
provision or of any other provision in the future.
15. Severability:
If any term or provisions of this Use Agreement are invalid or are unenforceable, the
remainder of the Agreement shall not be affected and will continue in full force.
Field Use Agreement — CDBC — Highland Park
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16. Responsible Parties:
Following is the contact information of the responsible parties of both the Team and the City
as it relates to all aspects of this agreement, in an emergency or should either party need to
send official notification to the other:
CITY: City of Pasco
Attn: Brent Kubalek
525 N. P Ave.
Pasco, WA 99301
509-543-5790
kubalekb(a)p sco-wa.aov
TEAM:
Name.—Fo rn Z a,�'e-ip
Address:Pd BoX WV40
City/St/Zip:g 5co WA 9
Phone:509 -Sal-HI75
E-mail:
IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to
be executed as of the 1 q day ofF-6 rya f+i _ 2020.
CITY OF PASCO
Zach Ratkai, �i'rector
Administrative & Community Services
Approved as to Form:
Eric Ferguson
City Attorney
COLUMBIANS DRUM & BUGLE
CORPS:
Print 1 o m ZQ ra4e
Title: EeCo+iVC b ireJv r
Field Use Agreement — CDBC — Highland Park
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