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HomeMy WebLinkAboutWest Valley Fire-Rescue - Facility Use AgreementWest Valley Fire -Rescue Yakima County Fire District 12 FACILITY USE AGREEMENT I. RECITALS WHEREAS, Yakima County Fire District 12 (District) is the owner of a Fire Station / Training Facility (the "Facility") located at 10000 Zier Road, Yakima, Washington; and WHEREAS, "User" desires to utilize the Facility for the purposes listed on page 3. II. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Terms of Agreement. User will be permitted to use the Facility on the days approved on the Agreement form. This Agreement shall be effective for the scheduled period outlined below only. Each use request will be on a case by case basis, requests for facility use dates must be on an Agreement form for each day / event needed. 2. Non -Exclusive Use. User recognizes that the Facility will be used by the District and by other users for purposes approved by the District. User shall not schedule any use of the Facility for any purpose outside the scope of this agreement, without prior approval from the District. 3. Facility Fee. The User will pay the District a fee for use of the Facility according to the Fee Schedule set by the District. All payments shall be due prior to the use of the Facility, unless other arrangements have been made and approved in advance by the District. In the event that other arrangements are made with the District in advance, overdue amounts will accrue interest at the rate of twelve percent (12%) per annum. User will be liable for a cancellation fee according to the Fee Schedule, The District reserves the right to change the Fee Schedule at any time without advance prior notice to User. 4. Rules of Facility Use. As per District Policy 2303, Public Use of District Training Facility, regarding the use of the Facility the following rules apply: 4.1 The Training Center Facility shall be used for open public meetings, civic group meetings and functions, classes, presentations, and workshops. Religious and political activities / gatherings shall be in accordance with RCW 42.17.130. The District reserves the right to deny any and all requests for training facility use. 4.2 All scheduling of the Training Facility use is to be done by contacting the Administrative Office of Yakima County Fire District 12 at (509)966-3111. A Facility Use Agreement form must be completed for the group making the request. Approval will be on a case by case basis. So that other groups or organizations may have access to similar time slots, signups for regular, recurring monthly meetings are limited to no more than six (6) months at a time. Regular, recurring weekly meetings will be reviewed and approved on a case by case basis. 4.3 The User signing the Facility Use Agreement shall assume responsibility for any and all damage of the facilities, grounds or equipment as a result of the use of the Facility. Any furnishings moved or rearranged during the use of the facility shall be replaced and all trash removed prior to vacating the building. 4.4 The intended use of the facility must be clearly stated on the Facility Use Agreement. 4.5 The use of the facility for sales, solicitations or promotions of goods or services for profit is prohibited. 4.6 The Fire District Board of Commissioners reserves the right to make final determination of the "appropriate use" concept. Facility Use Agreement Page 1 of 7 Revised September 2012 4.7 The appropriate notations must be made on the Facility Use Agreement if any food is to be served, cooked or brought into the facility. Normal coffee and snack is acceptable. There are NO kitchen facilities available. The banquet facility rate will automatically be charged to any group that serves more than a mid - meeting break. For groups serving food to the public, a Temporary Food Service Permit must be obtained from the Yakima Health District and posted at the event. 4.8 Hours of Training Center Facility operation is 7am to 11 pm. 4.9 Use of the Training Center Facility is restricted to Classroom A and / or Classroom B, the hallway with the beverage /snack nook and the public restrooms. (Le. Entry into the administration office area or apparatus bay area is strictly prohibited). Children shall not be permitted inside or outside the building without adult supervision. 4.10 The usage of the facility includes: tables, chairs, restrooms and coffee service area. All assigned equipment MUST remain inside the facility. The District DOES NOT provide any audio visual or sound equipment. Nor does the District furnish any banquet supplies. 4.11 Training Center Facility capacity for public use is one hundred fifty (150) people (seventy five (75) per side Classroom A and Classroom B). 4.12 It is the responsibility of the User to come fully prepared for their event; the District does NOT offer photocopy, facsimile or other office function services. Nor does the District deliver messages during the event. 4.13 All types of dancing in the Training Center Facility are prohibited. 4.14 With prior approval, decorations may be applied to walls or floor (tape or string only — NO nails or screws). Renters are required to remove, at their expense, all decorations, materials, equipment, furnishings, or rubbish left after use of the facility. 4.15 The use of tobacco or tobacco products in the Facility is strictly prohibited. There are two designated smoking areas, one on the west end of the building in the grass area, and one in the picnic area on the south side of the building. 4.16 Use of alcoholic beverages in the Training Center Facility or on Fire District grounds is strictly prohibited. 4.17 Yakima County Fire District 12 will not be responsible for any lost, damage or stolen property. 4.18 There are limited parking spaces available to the public. Please do not park in designated "Emergency Vehicles Only" areas. Also, please assure that Emergency apparatus entrances and exits remain clear of vehicles at all times. Vehicles may be towed at the owners expense. 4.19 The Fire District reserves the right to cancel a reservation if the room is needed for Fire Department use. However, every effort will be made to give adequate, advance notice. Emergency operations take precedence over any scheduled event if needed. 4.20 Any violation of these policies may cause cancellation of a group's privileges for further Facility use. The current version of this policy as adopted by the District Board of Fire Commissioners is available for review upon request at the District Administrative Office. This Policy may be updated from time to time by the District to ensure the orderly and safe utilization of the Facility by the various users. User agrees to comply with Policy 2303, and further agrees that the District may terminate this Agreement for User's failure to comply. 5. Facility Cleanliness. User agrees to keep the Facility in as neat and clean condition as reasonably can be expected during its use of the Facility. At the end of the User's use of the Facility, User agrees to return the Facility to the District in as good as condition as received. User further agrees that it will clean the Facility after each use, following the Facility Set -Up and Clean -Up Guidelines Appendix A, to a condition reasonably acceptable to the District. The User will be charged $25 per hour for any cleaning or resetting of the classroom that needs to be done after the User vacates the facility. Note: Any destruction of property above and beyond normal use may be billed to the group utilizing the facility or the responsible party signing agreement. 6. Liability. User has inspected the Facility and finds it acceptable for its intended uses. User is not relying upon any representations or warranties concerning the Facility except those that may be set forth herein. User accepts sole responsibility for all accidents, damages, bodily injury or damage to citizens and / or personal property occurring during User's use of the Facility. In some cases, the User may be asked to provide a certificate of insurance before utilizing the Facility. To the extent applicable by law, and pursuant to the terms of any other agreement between the parties: 6.1 No District Liability For User's Property Damage. User waives any and all claims, suits and causes of action against the District (including its employees, commissioners, officers or agents) for any property loss or damage done to User's property, whether real, personal or mixed, occasioned by User's activities on the Facility. It shall be the User's responsibility to provide its own protection against casualty losses of whatsoever kind or nature, regardless of whether or not such loss is occasioned by the acts or omissions of the District, the User, third party, or act of nature. 6.2 District's Property Damage - Hold Harmless. User shall save, defend, and hold harmless the District, its employees, commissioners, officers and agents from any and all damages to the Facility and the District's property Facility Use Agreement Page 2 of 7 Revised September 2012 occasioned by or arising from the use of the Facility by the User or anyone at the Facility (or other District property as a result of the User's activities on the Facility) in connection with User's use of the Facility. 6.3 Third Party Liability — Hold Harmless. User agrees that it will protect, save, defend, hold harmless and indemnify the District, its employees, commissioners, officers and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of accidents, injuries, or other occurrences, occasioned by either the negligent or willful conduct of the User, its agents or any person or entity holding under the User, its agents or firefighters, or any person or entity on the Facility (or other District property as a result of the User's activities on the Facility), or any person on the Facility as a result of the User's activity, regardless of who the injured party may be. 7. Assignment or Subletting. User is prohibited from either assigning or subletting all or any portion of the Facility during its approved use of the Facility. 8. Litigation. In the event any party hereto finds it necessary to bring an action against the other party to enforce any of the terms, covenants or conditions hereof, the party prevailing in any such action or proceeding shall be paid all costs and attorneys' fees incurred by the other party. 9. Access. It is the responsibility of the User to pick up an access key prior to the event at the District Administrative Offices (10000 Zier Road, Yakima, WA) Monday -Friday from 8am to 5pm (except holidays), unless other arrangements have been made. It is the responsibility of the User to return the access key within 48 hours of use to the District Administrative Offices. If the access key is not returned within 48 hours, the User will be charged a $25 replacement fee. 10. Entire Agreement. The entire agreement between the parties hereto is contained in this Agreement and the exhibits hereto, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. Facility Use Agreement Page 3 of 7 Revised September 2012 III. FEE SCHEDULE Reservations may be booked no more than six (6) months in advance, dates ARE NOT guaranteed prior to six (6) months. Classroom A or B Full Facility In Fire District Organization Free Free ❑ Out of Fire District Organization $ 75 $100 ] Used as a Banquet Facility $150 $200 (Includes ALL celebrations (weddings, birthday parties, graduation parties, etc) and meetings / classes where a meal is served.) THERE ARE NO KITCHEN FACILITIES AVAILABLE SET UP / CLEANING FEE $25 per hour cleaning fee will be assessed for any additional time needed to clean up or re -set the classroom. CANCELLATION FEE Cancellations 48 hours prior to scheduled event Cancellations less than 48 hours to scheduled event No Charge 50% of Agreed Rate Usage fees may be paid by cash, check or a Company purchase order and must be received prior to scheduled event date; sorry, we do not accept Visa or MasterCard for payment. Please mail check or purchase order to: Yakima County Fire District 12, 10000 Zier Road, Yakima WA, 98908 Note: Yakima County Fire District 12 takes precedence in the use of the Training Center Facility, and reserves the right to cancel any other functions at our discretion, due to Fire District 12 emergency use of the Training Center Facility. (i.e large fire, natural disaster, terrorism, mass -casualty event, etc...) The Fire District reserve's the right to charge fees or waive fees that may or may not fall into the categories above. Facility Use Agreement Page 4 of 7 Revised September 2012 West Valley Fire -Rescue Yakima County Fire District 12 Facility Use Agreement Form Group / Organization: Yakima Police Department Function: Patrol Tactics Instruction Training Number of attendees: 20 Contact Person/s: Bob Harrison, City Manager I Officer Miles Imbery, Point of Contact Phone # 509.306.3804 FAx # 509-576-6614 Billing Address: 200 S 3rd Street Yakima, WA 98901 ❑ Food served — Please describe: ❑ Temporary Permit Required Date of Event 5 /16 /2023 Start Time 0800 am/pm Date of Event 5 / 17 /2023 Start Time 0800 am/pm Date of Event 5 / 18 / 23 Start Time 0800 am/pm Date of Event / / Start Time am/pm End Time 1700 am/pm End Time 1700 am/pm End Time 1700 am/pm End Time am/pm Equipment Available: Round Tables (17), Rectangular Tables (30), Chairs (80 w/ arms —120 folding) **NO kitchen use available. NO audiovisual equipment available. • I agree that YCPFD 12 and its agents or employees will not be liable for any damage to person or property by reason of negligent acts of the user, its agents, employees or guests. I agree to protect, indemnify for costs, legal and other expenses, and hold harmless YCFPD 12 and its officers, employees, and agents from claims, liability suits arising from injury to person or property from negligent acts of the user, its agents, employees or guests. • I have read and understand the "Facility Use Agreement" including the "Agreement Form" and hereby agree to abide by the terms and conditions as outlined. Robert w. Harrison Robert W. Harrison (Mar 11, 2023 09:57 PDT) Signature of User (Must be the contact person named above) 3/17/2023 Date ORIGINAL SIGNED FORM MUST BE ON FILE AT: 10000 Zier Road, Yakima, WA 98908 Phone (509) 966-3111 FAX (509) 966-4939 For Office Use: Use as: ❑ Classroom / Meeting Facility ❑ Banquet Facility Assigned: ❑ Classroom A or Classroom B ❑ Both A & B Facility Rate: $ CITY CONTRACT NO: RESOLUTION NO: Facility Use Agreement Page 5 of 7 Revised September 2012 Yakima County Fire District 12 West Valley Fire Department Facility Set -Up Tables and chairs may be set up in the classroom in any configuration that facilitates the users needs. It is the sole responsibility of the user to set up the classroom accordingly. Classroom A and Classroom B will each seat 40 students at rectangular tables classroom style. Both classrooms, with the center wall retracted, will expose one large room that will accommodate 80 students at rectangular tables. (Each room will accommodate 75 stadium style.) There are 17 round tables available for use. PI There are 80 arm rest chairs and another 120 folding chairs available. NOTE: Customarily both classrooms are set up for 40 students per side with rectangular tables. If the User chooses to reconfigure the classrooms, it is the User's responsibility to stack tables and chairs properly in the storage room. * During, the Clean -Up process it is the User's responsibility to reconstruct the classroom in the manner found (customarily 40 chairs at rectangular tables in each classroom). See attached diagram. Facility Clean -Up Guidelines Use extreme caution when handling tables and chairs as to not damage them. Table rack is for flat rectangular tables only, allowing transport to and from rooms if needed. Do not stack more than 8 tables on cart. Use the chair cart to move armed chairs to and from the storage room in stacks of no more than 8. The folding chair cart can be moved in and out of room as needed. • Clean up all garbage, empty garbage cans in dumpster on west side of building. • Wipe down tables and clean up any other messes. All necessary cleaners are in the janitor's closet which is located in the women's restroom. • The large vacuum is located in the chair / table storage room. Any destruction of property above and beyond the normal use may be billed to the group utilizing the facility or the responsible party signing the agreement. Facility Use Agreement Page 6 of 7 Revised September 2012 Yakima County Fire District 12 West Valley Fire Department Training Facility Security To Open Facility Use swipe card to enter WEST SIDE ENTRY ONLY (will not work on any other exterior door). Turn lights on in hallway, men's and women's restroom. Turn on lights in classroom, switches are located on the west wall in Classroom B and the east wall in Classroom A. Proceed to front foyer entrance, key hanging on sprinkler drain pipe (west wall) unlock front doors, hang key back on pipe. Turn on front foyer lights.+ To Close Facility Use key hanging on sprinkler pipe to lock front entry doors, check to be sure they are latched and locked......you may have to open and close door to get it to latch properly. HANG DOOR KEY BACK ON PIPE ALONG WITH ENTRY SWIPE CARD. Turn off classroom lights.....both Classroom A and Classroom B. Turn off lights in men and women's restrooms. Turn off hallway lights (recessed wall lights do not turn off). + Turn off front foyer lights. Check to make sure you have all of your belongings and keys are hanging on sprinkler pipe in entry. Exit building and check to be sure door is locked behind you Alarm System shuts off from eo entry swipe and automatically rearms at 11:00 pm. The rest of the Facility's alarm system is armed. Do not enter Administration area or Apparatus Bay's even if doors are unlocked. Motion sensors are located throughout building and will automatically dispatch authorities. Facility Use Agreement Page 7 of 7 Revised September 2012 ity an Final Audit Report e n u 2023-03-17 Created: 2023-02-22 By: Tory Adams (tory.adams@yakimawa.gov) Status: Signed Transaction ID: CBJCHBCAABAA2NkVTXgADKs8N44oB-cQWIEHiARc38Xq "City Manager Signature" History Document created by Tory Adams (tory.adams@yakimawa.gov) 2023-02-22 - 5:03:45 PM GMT Document emailed to Matthew Murray (matt.murray@yakimawa.gov) for signature 2023-02-22 - 5:12:03 PM GMT Email viewed by Matthew Murray (matt.murray@yakimawa.gov) 2023-02-25 - 11:52:45 PM GMT Matthew Murray (matt.murray@yakimawagov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2023-02-25 - 11:53:22 PM GMT Document e-signed by Matthew Murray (matt.murray@yakimawa.gov) Signature Date: 2023-02-25 - 11:53:22 PM GMT - Time Source: server El, Document emailed to jennifer.ferrer@yakimawa.gov for signature 2023-02-25 - 11:53:24 PM GMT r � Email viewed by jennifer.ferrer@yakimawa.gov 2023-02-27 - 5:53:01 PM GMT Signerjennifer.ferrer@yakimawa.gov entered name at signing as Jennifer Ferrer -Santa Ines 2023-02-27 - 5:54:41 PM GMT Jennifer Ferrer -Santa Ines (jennifer.ferrer@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2023-02-27 - 5:54:43 PM GMT 056 Document e-signed by Jennifer Ferrer -Santa Ines (jennifer.ferrer@yakimawa.gov) Signature Date: 2023-02-27 - 5:54:43 PM GMT - Time Source: server Powered by Adobe Acrobat Sign Document emailed to bronson.faul@yakimawa.gov for signature 2023-02-27 - 5:54:45 PM GMT Email viewed by bronson.faul@yakimawa.gov 2023-03-13 - 6:47:46 PM GMT Signer bronson.faul@yakimawa.gov entered name at signing as Bronson Faul 2023-03-13 - 6:48:25 PM GMT Bronson Faul (bronson.faul@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2023-03-13 - 6:48:27 PM GMT Document e-signed by Bronson Faul (bronson.faul@yakimawa.gov) Signature Date: 2023-03-13 - 6:48:27 PM GMT - Time Source: server Document emailed to bob.harrison@yakimawa.gov for signature 2023-03-13 - 6:48:29 PM GMT Email viewed by bob.harrison@yakimawa.gov 2023-03-13 - 8:36:37 PM GMT Email viewed by bob.harrison@yakimawa.gov 2023-03-17 - 5:07:44 PM GMT Signer bob.harrison@yakimawa.gov entered name at signing as Robert Harrison 2023-03-17 - 5:09:15 PM GMT Po Robert Harrison (bob.harrison@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2023-03-17 - 5:09:17 PM GMT (. Document e-signed by Robert Harrison (bob.harrison@yakimawa.gov) Signature Date: 2023-03-17 - 5:09:17 PM GMT - Time Source: server Document emailed to Silvia Corona (silvia.corona@yakimawa.gov) for signature 2023-03-17 - 5:09:18 PM GMT Email viewed by Silvia Corona (silvia.corona@yakimawa.gov) 2023-03-17 - 5:14:34 PM GMT Silvia Corona (silvia.corona@yakimawa.gov) has reviewed and explicitly agreed to the terms of use and to do business electronically with City Of Yakima 2023-03-17 - 5:59:55 PM GMT Document e-signed by Silvia Corona (silvia.corona@yakimawa.gov) Signature Date: 2023-03-17 - 5:59:55 PM GMT - Time Source: server Powered by Adobe Acrobat Sign Agreement completed. 2023-03-17 - 5:59:55 PM GMT Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. Powered by Adobe Acrobat Sign