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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 2 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 3 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 4 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 5 r'v r*1co rps. al