HomeMy WebLinkAboutBrittany Cartwright RN Fac Use Agree 11.30.21Oka" fiasco
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CITY FACILITIES USE AGREEMENT
First Avenue Center — Foot Care Room
THIS CITY FACILITIES USE AGREEMENT is made this 3J11-day of
JJ,aucwc,Ixr , 2021, by and between the CITY OF PASCO, a Washington
Municipal Corporation, hereinafter referred to as "City", and Brittany Cartwright, RN,
hereinafter referred to as "User".
1. Property. The City permits the User access and ability to use the Foot Care
Room within the property/facility situated in Franklin County, Washington, commonly known
as The First Avenue Center, and legally described as:
Lots 5 through 8, inclusive, Block 1 of Northern Pacific First Addition to the City
of Pasco, according to the Plat thereof recorded in Volume "B " of Plats, Page
60, records of Franklin County Washington.
TOGETHER with that portion of vacated Tacoma Avenue and Nixon Street
adjoining said Block.
AND TOGETHER WITH those portions of vacated alleys within Block 1. Situate
in the City of Pasco, County of Franklin, State of Washington.
The Foot Care room is that 9ft x 14ft room located on the East end of the First Avenue
Center, just to the South of the restrooms and just to the North of the kitchen office located
within the First Avenue Center.
2. Term. The term of this Agreement shall be on a month -to -month basis, with
an option to terminate agreement by either party upon sixty (60) days written notice to the other
party.
3. Use Fee. No use fee shall be charged as the intended recipients of the program
are considered poor or infirm within the meaning of WA Const. art. 8, § 5. Further the public
benefit conferred by practicing preventative medicine upon the less advantaged in our
community will save the City and community medical and other costs of care in the long term.
4. Automatic Renewal of Contract Term. This Agreement shall automatically
renew at the first of each month unless either party provides to the other party a minimum of
sixty (60) days written notice of their intent to terminate the Agreement.
5. Alterations and Improvements. User shall not make any alternations,
additions, or improvements to the premises without the prior written approval of the City. Any
City Facilities Use Agreement
First Avenue Center — Foot Care Room - 1
approved alterations or improvements authorized by the City shall remain with or upon the
property upon the termination of this Agreement and shall belong to the City. In the
performance of any alterations or improvements, User agrees to comply with all laws,
ordinances, rules, and regulations of any proper public authority and to save City harmless from
damage, loss, or expense.
6. Utilities and Taxes. City shall pay for all utilities provided to the premises
including, but not limited to, electricity, water, sewer, telephone, and refuse service. City shall
also pay all personal property taxes attributable to personal property on the premises. City
shall pay real property taxes on the premises.
7. Liability Insurance. User shall, at User's expense, obtain and keep in force
during the term of this Agreement a policy of Comprehensive General Liability Insurance
insuring User and City against any liability arising out of the use, occupancy, or maintenance
of the premises. Such insurance shall be in an amount not less than $1,000,000.00 per
occurrence. The policy shall insure performance by User of the indemnity provisions of this
Agreement. The limits of said insurance shall not, however, limit the liability of User
hereunder.
User shall deliver to City copies of liability insurance policies required under this
paragraph or certificates evidencing the existence and amount of such insurance within seven
(7) days after the commencement date of this Agreement. No such policy shall be cancelable
or subject to reduction of coverage or other modification except after thirty (30) days prior
written notice to City. User shall, at least thirty (30) days prior to the expiration of such
policies, furnish City with renewals or "binders" thereof.
In addition, User shall maintain professional liability insurance insuring User and City
against any actions performed within the course and scope of User's provision of medical
services under this agreement. Such services shall include, but not be limited to, foot care
services pursuant to User's agreement with ALTC. Such insurance shall be in an amount not
less than $1,000,000.00 policy aggregate limit per occurrence. The policy shall insure
performance by User of the indemnity provisions of this Agreement. The limits of said
insurance shall not, however, limit the liability of User hereunder.
8. Minimum Scone of Insurance. The User shall obtain insurance of the types and
coverage described below:
Commercial General Liability insurance shall be at least as broad as Insurance Services
Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City
shall be named as additional an insured on User's Commercial General Liability insurance policy
using ISO Additional Insured -Managers or City's of Premises Form CG 20 11 or a substitute
endorsement providing at least as broad coverage.
Property insurance shall be written on an all risk basis.
City Facilities Use Agreement
First Avenue Center — Foot Care Room - 2
A. Other Insurance Provisions. The User's Commercial General Liability
insurance policy or policies are to contain or be endorsed to contain that they shall be
primary insurance as respect the City. Any insurance, self-insurance, or self -insured pool
coverage maintained by the City shall be excess of the User's insurance and shall not
contribute with it.
B. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A: VII.
C. Verification of Coverts . The User 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 the insurance requirements of the
User.
D. Waiver of Subrogation. User and City hereby agree and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building. This Agreement
shall apply only to the extent that such claim, loss or liability is covered by insurance.
E. City's Property Insurance. City shall purchase and maintain during the
term of the Agreement all-risk property insurance covering the Building for its full
replacement value without any coinsurance provisions.
F. Notice of Cancellation. The User shall provide the City with written notice
of any policy cancellation within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the User to maintain
the insurance as required shall constitute a material breach of Agreement, upon which the
City may, after giving five business days' notice to the User to correct the breach, terminate
the Agreement or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on
demand.
H. On has Full Availability of User Limits. If the User maintains higher
insurance limits than the minimums shown above, the City shall be insured for the full
available limits of Commercial General and Excess or Umbrella liability maintained by the
User, irrespective of whether such limits maintained by the User are greater than those
required by this contract or whether any certificate of insurance furnished to the City
evidences limits of liability lower than those maintained by the User.
I. Insurance Term. User shall procure and maintain for the duration of the
use or rental period insurance against claims for injuries to persons or damage to
property which may arise from or in connection with the use of the facilities and the
activities of the User and his or her guests, representatives, volunteers and employees.
City Facilities Use Agreement
First Avenue Center — Foot Care Room - 3
J. No Limitation. User's maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the User to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy
available at law or in equity.
9. Damage or Destruction. In the event the premises are rendered unusable for
the purposes of this agreement in whole or in part by any casualty, this Agreement in its entirety
shall be terminated.
10. Accidents and Liability. City or its agents shall not be liable for any injury or
damage to persons or property sustained by User or any other in or about the premises during
the Agreement term. User agrees to defend and hold City and its agents harmless from any
claim, action, or judgment for damages to property or injury to persons suffered or alleged to
be suffered on the premises by any person, firm, or corporation, during the Agreement term,
except to the extent caused by City's negligence.
11. Costs and Attorney Fees. If a legal action is instituted because of a default or
breach on the part of either party in performance of any of the provisions of this Agreement, or
if either party consults with an attorney regarding the enforcement of any provision of this
Agreement, the losing party agrees to pay all reasonable costs and attorney fees of the prevailing
party. Venue for any such action shall be in Franklin County, Washington.
12. No Waiver of Covenants. Any waiver by either party of any breach hereof by
the other shall not be considered a waiver of any future similar breach. This Agreement
contains all the agreements between the parties, and there shall be no modification of the
agreements contained herein except by written instrument.
13. Surrender of Premises. User agrees to peacefully vacate and to leave the
premises neat and clean upon the termination of this Agreement. User shall restore the
premises to their condition at the inception of this Agreement, reasonable wear and tear
excepted.
14. Binding on Future Parties. The covenants and agreements of this Agreement
shall be binding on the heirs, executors, administrators, successors, and assigns of both parties,
except as hereinabove provided.
15. Use. User shall use the premises for to administer medical care in accordance
with User's agreement by Aging and Long -Term Care Eastern Washington (ALTC). Nothing
herein shall be interpreted to modify the agreement as between those parties. The premises shall
be used for that contract only and for no other purposes.
User will be issued a key and/or code to access the facility for the above stated purpose
and use of the facility will fall within the following days & times:
City Facilities Use Agreement
First Avenue Center — Foot Care Room - 4
• Monday —Friday: 8:00am-6:00pm
• Saturday — Sunday: 8:00am—1:00pm
User will have exclusive use of the Foot Care room as described in Section 1 for the
provision of Footcare Services with the City retaining the right to access the room for facility
Maintenance purposes only.
User will also have access to the public restrooms, as well as the entry and hallway areas
leading to the Foot Care room. The chairs located in the hallway leading to the restrooms and
Foot Care room may be used by User as a waiting area for User patrons.
16. - Notice. Any notice required to be given by either party of the other shall be
deposited in the United States mail, postage prepaid, addressed to:
time.
ON:
City of Pasco
Attn: Brent Kubalek
Recreation Services Manager
525 N. 3rd Avenue
Pasco, Washington 99301
User:
Brittany Cartwright
Registered Nurse
CA ►So r G Qjb1 dl bf.
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or at such other place or address as either party may designate in writing from time to
17. Time. Time is of the essence of this Agreement.
18. General Provisions. City and User agree that a condition of this Agreement
shall be that the User is, at the time of the initiation of this Agreement, providing foot care
services pursuant to an agreement with ALTC. The parties both agree that this Agreement is
not a part of User's employment duties or benefits with ALTC and that this Agreement shall
not change User's regular work hours or duties. User, while present on the property that is the
subject of this Agreement, shall not be considered on duty for any work purposes. Both parties
understand that this Agreement may be terminated upon the termination of User's employment
with the City of Pasco.
City Facilities Use Agreement
First Avenue Center — Foot Care Room - 5
19. Deposit. User shall agree to pay a deposit upon the execution of this
Agreement in the amount of One Thousand Dollars and 00/100 ($1,000). Deposit shall be
refundable upon termination of the Agreement by either part, with the exception that any
portion of the deposit may become non-refundable if damage is present on any portion of the
property upon Agreement termination, over and above reasonable wear and tear.
20. Acceptance As -Is. After initial inspection of the property, execution of this
Agreement shall be considered acceptance by User of the property in "as -is" condition. City
shall be responsible for no warranties to User.
21. Independent Contractor. User acknowledges there is an independent
contractor relationship between User and City. While the work performed by User will benefit
the residents of Pasco and City indirectly, this does not establish an employer/employee
relationship. City shall not control the scope or manner of work performed by User except as
provided herein with respect to User's required contractual relationship with ALTC. City shall
not be responsible for any claims, damages, or other legal actions with regards to User's use of
the premises during the term of the Agreement. Nothing herein shall be construed as limiting
claims against City with respect to any claims for damages attributable to City's own negligence
under this agreement.
22. Indemnification. User shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims, suits, actions,
or liabilities for injury or death of any person, or for loss or damage to property, which arises
out of User's use of Premises, or from the conduct of User's business, or from any activity,
work or thing done, permitted, or suffered by User in or about the Premises, except only such
injury or damage as shall have been occasioned by the sole negligence of the City. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
User's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes
of this indemnification. This waiver has been mutually negotiated and agreed to by the User
and City. The provisions of this section shall survive the expiration or termination of this
Agreement.
USER, BY HIS OR HER SIGNATURE BELOW, ACKNOWLEDGES THAT HE OR
SHE HAS BEEN ADVISED TO HAVE THIS AGREEMENT REVIEWED BY
INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING PRIOR TO
SIGNING AND HAS BEEN GIVEN THE OPPORTUNITY TO DO SO.
City Facilities Use Agreement
First Avenue Center — Foot Care Room - 6
CITY:
CITY OF PASCO,
a Washington Municipal Corporation
By:
ave Zab d7, ri I anag
STATE OF WASHINGTON )
ss
County of Franklin )
USER:
By: �
On this day personally appeared before me Dave Zabell, City Manager of the City of
Pasco, Washington, to be known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of dew, 2021 ,
2021.
APRIL CULWELL
NOTARY PUBLIC #208573
STATE OF WASHINGTON
COMMISSION EXPIRES
JULY 19, 2023
NOTARY #UBLIC in and for the State of Washington
Print Name "IQ I L-- Qq LW O- L
Residing at A'�fc'o � LOP,.,
My Commission Expires __�M � lot . 202'�
STATE OF WASHINGTON)
ss
County of Franklin )
On this day personally appeared before me &i:HW% A 6vtwd ± , to be known
to be the individual described in and who executed the widin and foreg ing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and
purposes therein mentioned.
C� ti under my hand and official seal this ZZ day of
2021�'%AER!41fill
wN ay y�
y sc, 24012291 s NOTARY PUBLICd '' and for the State of Washington
N�y�*&aw`�' � z Print Name Ii�D
Residing at 0014eA Pcvn
�iifllt�p N►`��~' My Commission Expires M • - Zolfs
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City Facilities Use Agreement
First Avenue Center — Foot Care Room - 7
Agoa DATE
CERTIFICATE OF LIABILITY INSURANCE 11/16/2021)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Andy Alderfer
Affinity
Affinity Insurance Services, Inc
NAME. _
iaHO,"N _ E,17.215-660-0241 FAX
No.k
1100 Virginia Drive, Suite 250
E-MAIL customer.seryiCe@hpsocover.com
ADDRESS: _ _
FortWashington, PA 19034-3278
INSURE S AFFORDING COVERAGE
NAIC#
INSURER A: American Casualty Company of Reading, PA
20427
INSURED 509 Foot Care
INSURER B :
70 Sierra Gold Drive
INSURER C :
Pasco, WA 99301
INSURER D
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE AD
DL SUER POLICY EFF POLICY EXP LIMITS
LTR POLICYNUMBER IMM/DDIYYYY� MM/DD/YYYY
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 11,000,000
CLAIMS-MADE1:1 OCCUR PREMISES tEa occu rence $
WIFn MCP (A— — no n� 4
A X General Liability - Occurrence I X
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO JECT LOC
PRO -
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB OCCUR
EXCESS LIHB CLAIMS -MADE
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA
(Mandatory in NH)
If as, describe under
DESCRIPTION OF OPERATIONS below
A Professional Liability X
717163664 11 /3/2021 11 /3/2022
PERSONAL& ADV INJURY
$
GENERAL AGGREGATE
$3,000,000
PRODUCTS - COMP/OP AGG
$
$
COMBINEDSINGLE LIMIT $
Ea accident
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
Per acciden
zii
EACHOCCURRENCE $
AGGREGATE $
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE -POLICY LIMIT $
Per Occurrence $1,000,000
717163664 11/3/2021 11/3/2022 Per Aggregate $6,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addiflonal Remarks Schedule, may be attached if more space Is required)
The City of Pasco is an Additional Insured to the General Liability and Professional Liability/Malpractice
policies.
CERTIFICATE HOLDER CANCELLATION
City of Pasco
Attn: Brent Kubalek
Recreation Services Manager
525 N. 3rd Avenue
Pasco, Washington 99301
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Affinity Insurance Services, Inc
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD