CITY OF BELLINGHAM ARNE HANNA AQUATIC CENTER AGREEMENT

Transcription

1 .~. 1 CITY OF BELLINGHAM ARNE HANNA AQUATIC CENTER AGREEMENT CITY OF BELLI GHAM CO TRAC 20/3-03Y-1 GIRLS AND BOYS HIGH SCHOOL SWIM TEAM PRACTICES AND DUAL MEETS (SEHOME, BELLINGHAM, AND SQUALICUM HIGH SCHOOLS) The CITY OF BELLINGHAM, a first class municipality of the State of Washington, located at City Hall, 210 Lottie Street, Bellingham, Washington, (hereinafter the "City"), and BELLINGHAM SCHOOL DISTRICT, 1306 Dupont, Bellingham, Washington 98225, a Washington State partnership, (hereinafter the "School District"), in consideration of the mutual covenants set forth herein, agree as follows: I. PURPOSE. This Agreement covers the conduct of the Girls and Boys High School Swim Team Practices and Dual Swim Meets for Sehome, Bellingham and Squalicum High Schools, using facilities owned by the City, consisting of the Arne Hanna Aquatic Center lobby, locker rooms, deck, lap pool, dive tank, hydrotherapy pool, patio, wall space for notices, storage room, and parking fot. By this Agreement, the City and the School District set forth their respective rights and liabilities, to the extent that the same can be foreseen at the time of execution of this Agreement. II. TERM OF AGREEMENT AND HOURS OF ACTIVITIES. This Agreement permits use of City facilities for the period: August February Occupations of the facilities for longer than the period stated will subject the School District to a pro-rata increase in facility fees. Exact dates will be set annually. School District shall conduct its activities on the following days and during the hours indicated: Girls August - November 2013 August - November 2014 August - November 2015 Monday - Friday 2:45-4:45 p.m. a Lap Lanes & Dive Tank Boys November February 2014 November February 2015 November February 2016 Monday - Friday 2:45-4:45 p.m. 8 Lap Lanes & Dive Tank AHAC.BSD prk (1)

2 III. SERVICES AND UTILITIES. A. The City agrees to provide the following services and utilities, if any: Electric power in reasonable amounts. Restrooms and sewer service. Natural gas in reasonable amounts. Clean-up facilities. Water in reasonable amounts. Garbage pick-up. Local area telephone service. Two Lifeguards during time of use. NOTE: Other activities share all services. B. As a condition of use of the facilities, School District agrees to furnish the following utilities or services, if any, and will be wholly responsible for paying to the same: Swim coaches, administrative staff and supplies, first aid training supplies and staff, other supplies and equipment needed to maintain swim team practices and swim meets. IV. PAYMENT. As recompense for use of the facilities, School District agrees to pay the City the annual sum of Fifteen Thousand Six Hundred Dollars ($15,600), of which Seven Thousand Eight Hundred Dollars ($7,800) is due and payable on or before November ,2014 and 2015 and Seven Thousand Eight Hundred Dollars ($7,800) on or before March , 2015 and This fee is only for use of the facilities, and does not include any other license fees, taxes, costs or similar payments which may be applicable. V. TAXES, FEES, AND REGULATIONS. A. School District is liable for all taxes, license fees, and similar costs that are imposed by the City or other units of government, that may be applicable to their activities. Fees administered by the City that may be applicable include but are not limited to the following: AHAC.BSD prk (2)

3 1. City Business and Occupation Tax, BMC City Admissions Tax, BMC Leasehold Excise Tax, RCW 82.29A B. School District is referred to the City's Finance Director for information, forms and applications for City-administered fees. C. School District will comply with all applicable statutes, ordinances and regulations, and will obtain and pay for any applicable permits. School District is responsible for compliance with surety bond requirements imposed by Chapter RCW, protecting employee rights to payment. VI. ACCEPTANCE AND SURRENDER OF FACILITIES. A. School District agrees to accept the designated City facilities without modification to them, as they exist at the time of execution of this Agreement. B. School District agrees to surrender the facilities to the City at the end of its occupancy in the same condition as when accepted, and shall do its best to avoid damages to the facilities. School District is liable for the costs of repair of any damage to City facilities caused by it. VII. LIABILITY AND INSURANCE. A. To the fullest extent permitted by law, the School District agrees to indemnify defend and hold harmless the City, its officers, agents, volunteers and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, court costs or other alternative dispute resolution costs arising out of or resulting from the activities carried on under this Agreement where such liability is incurred in whole or in part by the actual or alleged negligent acts, errors or omissions of the School District or AHAC.8SD prk (3)

4 anyone directly or indirectly employed or hired by the School District or anyone for whose acts the School District may be liable. The School District's duty to indemnify the City shall not apply to liability for damages caused by the sole negligence of the City or its agents or employees. The City reserves the right, but not the obligation, to participate in defense without relieving the School District of any obligation hereafter. The School District shall provide automobile liability insurance (where applicable) and comprehensive general liability insurance in an amount acceptable to the City, and shall name the City as an additional insured on all policies. School District will provide the City with an insurance certificate evidencing the coverage. B. The School District shall provide Workers Compensation coverage for its employees as required by law. The School District specifically agrees to defend and indemnify the City from claims or suits brought by School District's own employees against the City; and for that purpose, the School District specifically waives any immunity under the Workers Compensation Act; provided, however, that the School District's waiver of immunity extends only to claims against the School District by the City and does not include or extend to any claims by the School District's employees directly against the School District. VIII. RESPONSIBILITY FOR CONDUCT OF INVITEES: School District assumes full responsibility for the conduct of persons at the Property with the consent of, or at the invitation of, the School District. The School District assumes the duty of protecting property of the City from the acts of such persons, and for these purposes, the "property of the City" means not only facilities herein, but related facilities owned by the City, as well. IX. ALCOHOLIC BEVERAGES PROHIBITED. School District shall not sell or give away alcoholic beverages of any kind, and shall make reasonable efforts to prohibit the use or possession of them on City property. AHAC.BSD prk (4)

5 X. ADVERTISING: The School District shall not permit any posting of advertising matter of any kind at City facilities, except in places designated by the City for such purposes. Advertising matter for anything other than activities of the School District may only be posted with written permission of the responsible official of the City. School District shall remove any advertising matter that is objected to by the responsible official of the City. XI. SECURITY. Security and crowd control are the responsibilities of School District, which shall ensure that good order is maintained at all times. XII. EQUAL OPPORTUNITY. School District will not discriminate in employment, provision of services. or any other activity, against any person on the grounds of race, color, creed, mental or physical handicap, age, or sex. XIII. REPRESENTATIVES OF THE PARTIES. A. The City's lead agency for compliance with the Agreement is its Department of Parks and Recreation. The City designates Lori Jacobson, Aquatics Manager, as the person who shall be the City's representative to the School District for all facility use during this Agreement. B. The School District designates Ron Cowan as representative responsible to the City for liaison and compliance for all purposes of this Agreement. XIV. SPECIAL CONDITIONS. A. Swim team practices and dual swim meets run Monday - Friday, 2:45-4:45 p.m. B. Eight lanes guaranteed and dive tank reserved solely for swim team practices and dual swim meets. During the above mentioned days and times other programs may be scheduled simultaneously at the Arne Hanna Aquatic AHAC.BSD prk (5)

6 Center during swim team practices and dual swim meets in the instructional pool and hydrotherapy pool. C. During practices and dual swim meets, swim team members may use the hydrotherapy pool assuming all members are 16 years and older. Swim Team members may use the instructional pool if open to the public. D. Swim coaches are responsible for setting up and cleaning up areas used for swim team practices, meetings, and dual swim meets with Lifeguards assisting with Aquatic Hanna Aquatic Center equipment and procedures. E. Bellingham School District swim coaches, swim team members, will be responsible for all aspects of any swim meets they hold at the Arne Hanna Aquatic Center. Swim coaches, swim team members, will enforce and follow all policies and procedures of the Arne Hanna Aquatic Center, Parks and Recreation Department and the City of Bellingham. F. Swim coaches must be present during all swim team practices and swim meets to be held at the Arne Hanna Aquatic Center. G. Facility Use spaces and times are subject to change due to demand and shall be agreed upon by both parties. H. Any additional swlrn team meets beyond the regular dual meets such as league or district meets will be charged the current Whole Facility Rental rate per hour for use of the Aquatic Center. xv. TERMINATION OF AGREEMENT. A. This Agreement may be terminated by either party for cause upon the giving of fifteen (15) days' written notice of the other party of intent to so terminate, specifying the grounds for termination including but not limited to breach of a provision of this Agreement, breach of law or regulation, or misfeasance. During this period, the City (if it is the terminating party) in its sole discretion may immediately suspend the School District from further activities. If during the fifteen-day period, in the sole discretion of the party giving notice, (a) the ground(s) for termination can be remedied and (b) the party so notified has corrected the situation, then this Agreement shall not terminate. If either (a) or AHAC.BSD prk (6)

7 (b) is not the case, this Agreement shall terminate at the end of the fifteen-day period. B. This Agreement may be terminated by either party for the convenience of that party for any reason upon fifteen (15) days written notice to the other party of intent to do so. C. Notwithstanding notice of termination and during the pendency of any termination notice, School District shall continue to pay the City amounts due under this Agreement and, unless otherwise requested by the City, shall fully and faithfully continue to perform its obligations under this Agreement. Amounts due the City by School District under this Agreement shall be prorated to the date of termination, taking into account any damages suffered by the City arising out of this Agreement. AHAC.BSD prk (7)

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