HomeMy WebLinkAboutYakima Police Athletic League - Site Use Agreement 1 `
YAKIMA POLICE ATHLETIC LEAGUE, YPAL
SITE USE AGREEMENT
THIS AGREEMENT is made and entered into by and between
YAKIMA VALLEY FARM WORKERS CLINIC (hereinafter "YVFWC "), a
Washington nonprofit corporation, dba Northwest Community Action
Center (hereinafter "NCAC ") and YAKIMA POLICE ATHLETIC LEAGUE
(hereinafter the "YPAL ").
WHEREAS, the Yakima Police Department sponsors YPAL as a
community organization which offers programs and services to
benefit at -risk youth and their families; and
WHEREAS, YPAL wishes to offer its programs and services at
the former Yakima Senior Citizen Center, now the Miller Park
Activity Center (hereinafter the "Center "); and
WHEREAS, NCAC has agreed to make space available in the
Center for YPAL's programs in accordance with the terms and
conditions of this Agreement,
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agreements set forth herein, it is agreed by and
between NCAC and YPAL as follows:
1. Programs and Services.
1.1 YPAL shall be entitled to utilize Rooms 110, 111,
128 and 130, comprising 2,500 square feet, more or less, within
the Center and also the common areas for its programs and
services, as more particularly hereinafter set forth. Such
programs and services shall include structured academic and
recreational activities for at -risk youth and their families.
1.2 In its use of the Center's facilities, YPAL agrees
to the following:
(a) All YPAL activities shall be supervised by an
employee of the Yakima Police Department.
(b) YPAL shall provide, install, monitor and
maintain an electronic security system for the Center.
(c) YPAL shall provide janitorial services for the
Center, including that portion which is utilized by the
Yakima County Department of Food Services.
(d) YPAL shall secure donations of money,
materials, and labor to support its programs and services
and fulfill its obligations under this Agreement.
Page 1 of 6
(e) YPAL shall be responsible for completing all
alterations, maintenance and repairs necessary to the
delivery of its programs and services in the Center,
including, but not limited to, painting, carpet cleaning,
hardwood floor refinishing, and other general maintenance
items as they arise.
(f) YPAL shall maintain the Center as a drug -free
work place in accordance with the Drug -Free Workplace Act of
1988 and 34 CFR, Part 85, § 85.605 and 85.610. YPAL shall
not permit any person to possess and /or consume any illegal
drug(s) at the Center or within the area surrounding the
Center during the term of this Agreement.
(g) YPAL shall avoid interfering with the use of
the dining room, kitchen facilities and equipment, dishes,
utensils and glassware by the Yakima County Department of
Food Services generally between 10:00 a.m. and 2:00 p.m.,
Monday through Friday.
1.3 NCAC shall ensure that YPAL has access to the
Center when NCAC staff members are not present such as during
evenings and on weekends and holidays. On those occasions YPAL
shall be responsible for securing the Center.
1.4 YPAL shall repair any damage done to the Center in
connection with its use thereof, whether by YPAL staff or YPAL's
program participants or other invitees
1.5 YPAL shall be responsible for providing any and all
equipment and supplies which are necessary to the programs and
services which it offers, at its sole cost and expense.
2. Rental. YPAL agrees to pay NCAC $250.00 per month.
NCAC shall provide YPAL public utility services needed for the
delivery of its programs and services. YPAL shall pay for any
other services used exclusively by it and indemnify NCAC from
having to pay the same.
3. Term of Agreement. The term of this Agreement shall
commence on September 1, 2004 and shall continue until sooner
terminated by either party in accordance with paragraph 16 of
this Agreement.
4. Independent Contractor. YPAL and NCAC understand and
expressly agree that YPAL is an independent contractor, and none
of YPAL's employees shall be considered an employee of NCAC.
YPAL and YPAL's employees shall make no claim of such employment
or claim any related employment benefits from NCAC, including,
Page 2 of 6
but not limited to, medical, social security, or retirement
benefits. This Agreement shall not be interpreted as creating a
partnership or agency relationship between NCAC and YPAL.
5. Taxes and Assessments. YPAL shall be solely responsible
for compensating its employees and for paying all related taxes,
deductions, and assessments, including, but not limited to,
federal income tax, FICA, social security taxes, unemployment and
state industrial taxes, and other deductions from income which
may be required by law or assessed against either party as a
result of this Agreement.
6. Nondiscrimination. With regard to the provision of
programs and services under this Agreement, YPAL shall not
illegally discriminate against any person on the grounds of race,
creed, color, religion, national origin, political affiliation,
sex, marital status, age, or the presence of any sensory, mental,
or physical handicap.
7. The Americans With Disabilities Act. YPAL agrees to
comply with the Americans With Disabilities Act of 1990, 42
U.S.C. § 12101 et. Seq. (ADA), and its implementing regulations,
and its state counterpart contained in RCW Chapter 49.60 and its
implementing regulations. The ADA and RCW Chapter 49.60 provide
comprehensive civil rights to individuals with disabilities in
the area of employment, public accommodations, state and local
government services, and telecommunications.
8. Compliance with Law. YPAL agrees to abide by all laws,
regulations, and rules which are applicable to the programs and
services which it will provide pursuant to this Agreement,
whether federal, state, or local.
9. Insurance. YPAL understands and acknowledges that NCAC,
through the Yakima Valley Farm Workers Clinic, maintains a policy
of comprehensive liability insurance for its benefit, and
further, that such insurance does not provide any coverage for
the benefit of YPAL, including its officials, officers, agents,
and employees, in the event that any claim, action or proceeding
should be asserted or brought against YPAL by reason of the
programs and services which it provides under this Agreement. In
addition, YPAL understands and acknowledges that NCAC's fire
insurance covering the Center, which is maintained by the Yakima
Valley Farm Workers Clinic, does not include coverage of YPAL's
personal property, including its equipment and supplies.
Accordingly, YPAL understands and acknowledges that if it desires
liability or fire insurance coverage for such claims or losses,
it will need to secure the same at its own expense and that NCAC
shall have no obligation to do so.
Page 3 of 6
10. Indemnification and Hold Harmless.
a. YPAL agrees to hold harmless, indemnify, and defend
NCAC and the Yakima Valley Farm Workers Clinic, including its
officials, officers, employees, and agents, from and against any
and all suits, actions, claims, liability, damages, judgments,
costs and expenses (including reasonable attorney's fees) which
result from or arise out of the sole negligence of YPAL,
including its officials, officers, employees, and agents, in
connection with or incidental to the performance or
nonperformance of the YPAL's programs and services, duties and
obligations under this Agreement.
b. NCAC and the Yakima Valley Farm Workers Clinic agree
to hold harmless, indemnify, and defend YPAL, including its
officials, officers, employees, and agents, from and against any
and all suits, actions, claims, liability, damages, judgments,
costs and expenses (including reasonable attorney's fees) which
result from or arise out of the sole negligence of NCAC,
including its officials, officers, employees, and agents, in
connection with or incidental to the performance or non-
performance of NCAC's services, duties and obligations under this
Agreement.
c. In the event that the officials, officers, agents,
and /or employees of both YPAL and NCAC are negligent, each party
shall be liable for its contributory share of negligence for any
resulting suits, actions, claims, liability, damages, judgments,
costs and expenses (including reasonable attorney's fees).
d. Nothing contained in this paragraph 10 or this
Agreement shall be construed to create a right of indemnification
in any third party.
e. To secure YPAL's indemnification obligation as above
set forth, YPAL shall, at YPAL's own expense, maintain a policy
of comprehensive liability insurance with combined single limit
coverage of at least $1,000,000. YVFWC shall be named as an
additional insured on such policy. YPAL shall furnish YVFWC with
a certificate of insurance or insurance binder evidencing that
said insurance is in effect and also with a copy of the insurance
policy as soon as it is received.
11. Delegation of Programs and Services. The programs and
services provided for herein shall be performed by YPAL, and no
other persons other than regular associates or employees of YPAL
shall be engaged in such work or services in the Center except
upon the written approval of NCAC.
Page 4 of 6
12. Assignment. This Agreement, or any interest herein, or
claim hereunder, shall not be assigned or transferred in whole or
in part by YPAL to any other person or entity without the prior
written consent of NCAC. In the event that such prior written
consent to an assignment is granted, then the assignee shall
assume all duties, obligations, and liabilities of YPAL as stated
herein.
13. Waiver of Breach. The waiver by YPAL or NCAC of the
breach of any provision of this Agreement by the other party
shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter
enforcing any such provision or this Agreement.
14. Severabilitv. If any portion of this Agreement is
changed per mutual agreement or any portion is held invalid, the
remainder of the Agreement shall remain in full force and effect.
15. Integration. This Agreement sets forth all the terms,
conditions, and agreements of the parties relative to the subject
matter hereof and supersedes any and all such former agreements,
which are hereby declared terminated and of no further force and
effect. There are no terms, conditions, or agreements with
respect thereto, except as herein provided, and no amendment or
modification of this Agreement shall be effective unless reduced
to writing and executed by the parties.
16. Termination. Either party may terminate this Agreement,
with or without cause, by giving the other party thirty (30) days
advance written notice of termination.
17. Notices. Unless stated otherwise herein, all notices
and demands shall be in writing and sent or hand delivered to the
parties to their addresses as follows:
TO NCAC: Juan Carlos Olivares, Executive Director
Yakima Valley Farm Workers Clinic /NCAC
518 West First Avenue
Toppenish, WA 98948
(509) 865 -5898
WITH COPY TO: F. Joe Falk, Jr.
Finney, Falk, Lawrence - Berrey & Naught, PLLP
P.O. Box 1586
Yakima, WA 98907
(509) 453 -5604
TO YPAL: Mike Merryman, YPAL Director
Yakima Police Department
200 South Third Street
Page 5 of 6
Yakima, WA 98901
(509) 575 -6200
or to such other addressees as the parties may hereafter
designate in writing. Notices and /or demands shall be sent by
registered or certified mail, postage prepaid, or hand delivered.
Such notices shall be deemed effective at the time mailed or hand
delivered at the address specified above.
18. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington.
19. Venue. The venue for any action to enforce or interpret
this Agreement shall lie in the Superior Court of Washington for
Yakima County, Washington.
20. Approval. Each party shall approve this Agreement by
resolution, ordinance or otherwise pursuant to the bylaws or laws
of the governing body of each party. The attested signatures of
the Executive Director of the Yakima Valley Farm Workers Clinic
and the YPAL Director below shall constitute a presumption that
such approval was properly obtained. This Agreement shall also
be subject to the approval by the City Manager of the City of
Yakima.
YAKIMA VALLEY FARM WORKERS YAKIMA POLICE ATHLETIC
CLINIC, a Washington corporation, LEAGUE
dba Northwest Community Action �:
Center By: �_ . 44 4
Mi.e Mere man
By: -� c" e.,:_.-: 0.,._�_.- ---. e.> Y�AL D' ector
UAN CARLOS OLIVARES, /�
Executive Director Date: t ��/
Date: /d/g74,/
APPROVED BY:
CITY OF YAKIMA
BY:�
R.A. ZAIS, JR., City Manager
Date: 1---(f --
C:: Y CONTRACT NO: ° °
RC OLUTION r;0: Al
Page 6 of 6
69/02/2004 15:04 5095753039 YAKIMA PD DETECTIVES PAGE 03
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /ODIYYYY)
07/07/2004
PRODUCER (661) 327 -3111 FAX (661)327 -1262 THIS CERTIFI ATE IS ISSUED AS A MATTER I FORMATION
Thomas Mestmaker Insurance & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
T
ho Wil son, Paves & Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2300 Bahamas Drive, Bakersfield, CA 93309
Mike Wilson INSURERS AFFORDING COVERAGE NAIC #
INSURED Yakima Po ice Athletic League INSURER Lexington Insurance Company
200 So. 3rd St. INBURFRB;
Yakima, WA 98901 INSURER C:
INSURER D:
INSURER S:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AMYL • TYPE OF INSURANCE POLICY N UMBER POLICY POLICY EXPIRATION
LTR NSRC DATE (MAMMY) DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY 0424044 07/01/2004 07/01/200S EACH OCCURRENCE s �„ 000, 0U'
)( COMMERCIAL GENERAL LIABILITY PREM (Ep atcu , ) $ 1, 000 L O011
1 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000
A 1 PERSONAL & ADV INJURY $ l00Q 000
GENERAL AGGREGATE S 5,000,000
GE M AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMP /OP AGG $ 1,000,00C
POLICY ! F LOC
AUTOMOBILE LIABILITY
j ANY AUTO (Es a nt SINGLE LIMIT $ )
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS (Per Peron)
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS (Per at ;Went)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY FA ACCIDENT $
ANY AUTO
GA
OTHER THAN ACC $
AUTO ONLY; AGO S
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
7 OCCUR CLAIMS MADE AGGREGATE
DEDUCTIBLE
$
RETENTION S $
WORKERS COMPENSATION AND V wC STATU• I 0TH -'
EMPLOYERS' LIABILITY TORY LIMrrS ( I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER /MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE $
I(yes dcscdbn under
SPECIAL PROVISIONS below EL. DISEAS - POLICY LIMIT S
OTHER 07/01
0424044
A SEXUAL ABUSE / 2004 07/01 /2005 LIMIT $100,000
DESCRIPTION OF OPERATORS / LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
CANCELLATION FOR NON -PAY WILL RESULT IN A 10 -DAY NOTICE
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Yakima PAL 1 O_ DAYS WR ■ RTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Oscar Brownfield B • ■ URE TO MAIL SUCH NOTICE S. • L IMPOSE NO OBLIGATION OR LIABILITY
200 So, 3rd St. OF ANY KIND UPON THE INSUR - S AGENTS OR REPRESENTATIVES.
Yakima, WA 98901 AU • - TIED REPRESENTAT
ACORD 25 (2001J013) @ ACORD CORPORATION 19B8
09./62/2004 15:04 5095753039 YAKIMA PD DETECTIVES PAGE 01
City '
cf Yakirn.a
. 200 South ?rd Street lr "' 4:4
� � Police Depart _ - Yakima, Washington 98901 y 1 .
j , 4
Samuel Granaro, Chief of Mice. Telephone: (509) 575 -6200 • (509) 575-6007 '�,
•
Yakima Police Department
Fax (509) 575-6007
To: t�}f'CI , frl� f-
Teiephone:
From: • Q'
Telep hone: ��_ ' (Contact #. a FAX number)
This transmittal consists of . page(s) including this cover letter.
❑ Urgent 0 For Revjew 0 Please Comment 0 Please Reply J Please Recycle
The information contained in this facsimile message is privileged and confidential
and is intended only for the use of the individual or entity named above. If the
reader of this message is not the intended recipient, you are hereby notified that
any dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify us
immediately by telephone (509) 575 -6212, and return the original message to us
at 200 S. 3 Street, Yakima WA 98901, via the U.S. Postal Service. Thank you
Comments:
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98/42/2004 15:04 5095753039 YAKIMA PD DETECTIVES PAGE 02
Wilson Paves & Associates insurance agency lndEpenrlrnl
lnsuranre
QI(EBf .
2300 Bahamas Drive
Bakersfield, CA 93309
(661) 327 -3111 "We novor forget
how important you Bre
FAX (661) 327 -1262
Lie, No. 0620093
July 7, 2004
Yakima PAL
200 S. 3rd Street
Yakima, WA 98901
Attn.: Oscar Brownfield
PAL Director
Thank you for choosing to place your insurance coverages through the National PAL
program, effective 7/1/04 - 7/1/05. Your application has been received.
Certificates of Insurance, for the 7/1/04 -05 policy term, are enclosed. The original copies
have been sent directly to the various certificate holders.
Please feel free to contact me with any questions, or you may ask for Bob Mestrnaker.
Sincerely, /
Mike Wilson �—
MW /md
Enclosures
'5)51 =1 c/
111 Contract Due Date: 3 y
� eoue; or Executive Director Contract Approval
AUG 2 4 2004 Routing Sheet
By —
YVFWC Division: NCAC
Contract Name/Number: YPAL Site Use Agreement
Period of Contract: September 1, 2004 to until terminated by either party.
Purpose of Contract: Youth Center Site User Agreement
Reviewed by Program Director/
Clinic Administ . or: •
Date: I — = y
Reviewed by Accounting:
Date: V' a1 (c! Lf
Reviewed by Attorney: c Le
Date: l -2Dl I
Reviewed by Insurance Agent:
Date: % e,,,ZqV-1
Approved by Respective Operations Director: �A y► �
Date: ?/3c,
Date Contract Received by Administration: /
Approved by Executive Director:
Date:
i
Comments:
Copies to: Accounting Cr( q ui . m Ckrcy
Respective Operations Director
Administration 7/15/04