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Item 31 - REVISED Facilities Use Agreement Poway Valley Senior Citizens, Corp. nlSfIlI~l5TEP ld.-ll-'io ff AGENDA REPORT - CITY OF POW A Y REV I SED TO: Honorable Mayor and Members~f~~ city Council FROM: James L. Bowersox, city Ma~ INITIATED BY: Robert L. Thomas, Director of Community service~ Patrick R. Foley, principal Management Analyst~ DATE: December 18, 1990 SUBJECT: Facilities Use Agreement Between the City of poway and the poway Valley Senior Citizens, corp. for Use of the weingart Center Buildings at poway Community Park ABSTRACT Staff has met with representatives of the poway Valley Senior citizens (PVSC) to negotiate a new four year facilities use agreement for use of the Weingart Center buildings. The agreement specifies exclusive use of the facility by both the City and pvsc; outlines the city's general maintenance responsibilities, payment of utilities, and insurance coverages. It is recommended that the City council authorize the Mayor to execute the attached Facilities Use Agreement. BACKGROUND Staff is recommending that the page 2 of 11, item 1 be modified to read: "1. Recognition that the facility was constructed through grants obtained by PVSC." In the agreement under Section 4 - Use, the word "renumeration" in the first sentence should be changed to enumeration. ~ A '/ ACTION: "\ , II DEe 181990 ITEM 31 ~ 1 of 8 --.----- ____.______.._-----T-_____~_ Agenda Report December 18, 1990 Page 2 Under Section 19 - Insurance, the section on liability insurance should be modified to read: "Liabilitv Insurance. PVSC shall carry property damage and public liability insurance that covers the areas and activities set forth in this Agreement under their insurance program, which shall have limits of up to $1,000,000 each occurrence with and annual limitation of $2,000,000. The city shall insure for fire on the building structures. PVSC shall add the City as an additional insured to its pOlicies." These modifications have been reviewed with representatives of PVSC, and they concur with staff's recommendation. RECOMMENDATION It is recommended that the City Council approve the attached revised Facilities Use Agreement Between the City of poway and the poway Valley Senior citizens, Corp. for the Use of the Weingart Center Buildings at poway Community Park, and authorize the Mayor to execute the Agreement. JLB:RLT:sf Attachment: Facilities Use Agreement 2 of 8 F......ILITIES USE AGREEMENT BET'~EN '..._8 CITY OF POWAY AND THE Pt...AY VALLEY SENIOR CITIZENS, CORP. FOR USE OF THE WEINGART CENTER BUILDINGS AT POWAY COMMUNITY PARK This Agreement, made and entered into this 18th day of December, 1990, by and between the city of poway (hereinafter referred to as "city"), and the poway Valley senior Citizens, Corp. (hereinafter referred to as "PVSC"). WITNESSETH WHEREAS, the city and PVSC recognize that this facility is to be available on a continuing basis for senior activities and programs; and WHEREAS, within these facilities, PVSC is responsible for providing activities, programs, and services of benefit to senior citizens and the community; and for the administration thereof; and WHEREAS, PVSC and the city share the use of the facility space and the City is responsible for generai maintenance of the Weingart Center Building facilities; and WHEREAS, cooperation between the City and PVSC is necessary in the interest of providing the best public service, it follows that a facility use agreement is needed. NOW, THEREFORE, the city and PVSC agree as follows: 1. DESCRIPTION The facility, located at 13094 Bowron Road, and within poway Community Park (hereinafter referred to as "Weingart Center"), is a full-service building complex of approximately 12,200 square feet, with office. kitchen and meeting facilities. 2. ADMINISTRATION This Agreement shall be administered on behalf of the PVSC by the Executive Director, Poway Valley Senior Citizens, Corp. , (hereinafter referred to as "Executive Director") , and on behalf of the City by the City Manager, City of Poway. 3. TERM The term of this Agreement for use of the City'S facilxties for purposes specified herein is limited to four (4) years from the date of execution by the city of poway. If notification to rescind the Agreement is 1 , ReV IS en 3 of 8 LlEC 18 1990 ITEM 31 -- --_._-_._._---_._..__..._-_._._._._----~-~- not giv' by either party, in writ' " within ninety (90) dai'_ of the expiration of this. term, it is renewed at the completion of each term. The terms conditions of this Agreement may be extended by mutual consent of both parties. 4. USE The city of poway agrees to grant without renumeration the use of facilities within the Weingart Center buildings located at poway Community Park to PVSC as specified in this Agreement. These facilities are not to be subleased by PVSC to any organizations without the prior written approval of the city Manager or his designee. The use of these facilities by any successor to the PVSC must have the prior approval of the City Council. 5. FACILITIES This Agreement includes the use of the following facilities known as the Weingart Center: Senior Administration Facilities - administrative center building in its entirety. Nutrition Center - kitchen, multipurpose room, travel office, restrooms. Bill Bond Memorial Hall Gift Shop Card Room Lounqe and Pool Room 6. TIMES The facilities of the administration center building will be available to PVSC at all times. All other Weingart Center facilities will be available to PVSC for their activities from: 7:30 a.m. to 5:00 p.m. - Sunday through Friday 1:00 p.m. to 11:00 p.m. - Saturdays All other facilities except for refrigerators and freezers, locked pantry and locked cupboards, shall be available after 5:00 p.m. on weekdays and Sundays, Saturday mornings before 1:00 p.m., and at other times as required by the Community Services Department in the absence of scheduled activities by PVSC. In the absence of scheduled activities by the City, PVSC may schedule any of its activities after 5:00 p.m. on weekdays and Saturday mornings. 2 4 of 8 OEe 18 1990 ITEM J:' -' . 7. SCHEDULES - -, Schedules shall be established in advance with the designated representative of the City's Director of Community Services, and with the PVSC's Executive Director's representative. Policies and procedures are to be developed jointly by PVSC and the City to administer changes in the schedules mentioned under section 6. 8. MAINTENANCE The city will provide all general maintenance to the exterior and interior of the facility. The general maintenance includes, but is not limited to, window cleaning, pest control, setup and take down of tables and chairs Monday through Friday, cleaning floors and other related general maintenance items as outlined in the city's "Public Services Custodial Duties" herein attached as Exhibit A. Requests from PVSC for specific maintenance items shall be submitted to the city on work order forms. Any requests which are not considered gener~l maintenance by the City shall be promptly returned to PVSC, which may then proceed with the specific maintenance item at its own expense. 9. UTILITIES - The city shall pay the costs of water, sewer, gas, cable TV, security system, and electric utilities for the Weingart Center facilities. 10. TELEPHONE Monthly, the City shall pay to PVSC the sum of $175, for their telephone service. Telephone expenses which exceed this monthly allocation will be paid by PVSC. 11. SUPERVISION AND EOUIPMENT PVSC shall provide the staffing for supervision of the senior program and shall, at its expense, provide expendable equipment and supplies needed thereof. The buildings, grounds, and equipment, which are the property of the Community Services Department, shall be cared for in a diligent manner by the PVSC during the time they are being used by the PVSC, and damages will be paid for by the PVSC. Similarly, if equipment and/or supplies are damaged by anyone during periods when the City is responsible for the activities, damages are to be paid for by the City. Particularly, the City will provide adult supervision when youths are using the pool room during the City's time periods. -- 3 5 of 8 Ute 1 [j 1'3'30 ITEM '1 ) ..l.. ------------ ---------~ PVSC agr 's to provide to the City, t no cost, the use of all k':"~chen equipment and recrea......on equipment located within the Weingart Center buildings at time when not in use for senior activities. Special arrangements need to be made if the city staff needs to use pvsC's office equipment. 12. FACILITY MODIFICATIONS PVSC may provide additional faculties, equipment, and permanent improvements on the Community Park grounds with the approval of the Director of Community services and the City Council. It is further agreed that the City may provide additional facilities, equipment, and permanent improvements for the Weingart Center on the Community Park grounds with the approval of the Executive Director and the Board of Directors of the PVSC. In addition, it is agreed that the City and PVSC may jointly provide such items with the approval of the respective administrators, the City council and the PVSC Board of Directors. 13. POLICIES AND PROCEDURES Policies and procedures will be developed jointly by PVSC and the City to administer changes in schedules, security, use of equipment, coordination of events, employee parking, and other related matters of mutual interest to both parties. 14. PARKING The city and PVSC will cooperate in solving the parking problems. 15. PUBLICITY The City will provide PVSC with one-half page in the recreation section of the quarterly Powav Todav newsletter. 16. VOLUNTEERS PVSC will provide bulletin board space for describing volunteer jobs and opportunities needed by the city, and will accept volunteer seeking announcements from the City for publication in PVSC's monthly newsletter. 17. ADMINISTRATIVE REVIEW AND AMENDMENT The Director of Community services and the Executive Director of the PVSC shall meet periodically to review matters of mutual concern in the administration of the Agreement. The provisions of this Agreement may be amended or modified only by mutual consent and written 4 UEe 18 1990 iTEM . , 6 of 8 Ji. agreement ar - oved by the City Council-~ PVSC Board of Directors. An annual review of this ..greement shall take place prior to the City's budget review process to enable both parties to consider costs of operation and maintenance and to propose the necessary budget -- adjustments for the new fiscal year. 18. iNDEMNiFiCATiON PVSC shall indemnify, defend, and hold harmless the City, members of the City council, Boards or Commissions, its employees, officers and agents, while acting as such, from any and all loss, damage, or expense which may arise by reason of injury to property or injury to or death of persons, received or suffered at any PVSC event or program sponsored by PVSC. The City shall indemnify, defend, and hold harmless PVSC, members of the Board of Directors, its employees, officers and agents, while acting as such, from any and all loss, damage, or expense which may arise by reason of injury to property, or injury to or death of persons, received or suffered at any events or programs sponsored by the City. 19. iNSURANCE During the term of this Agreement, PVSC shall obtain and maintain in full force and effect the following insurance coverage: - Liabilitv Insurance. PVSC shall carry property damage and public liability insurance that covers the areas and activities set forth in this Agreement under their insurance program, which shall have limits of not less than $3,000,000. PVSC shall add City as additional insured to their policies. Workers' Comoensation Insurance In connection with the performance of this Agreement by PVSC, PVSC shall provide full workers' compensation insurance for its employees as required by the Workers' Compensation Act. Certificate of Insurance. PVSC shall deliver to the City certificates of insurance or self insurance, which shall provide that no cancellation, major change in coverage, or nonrenewal will be made during the term of this Agreement, without thirty (30) days written notice to the City prior to the effective date of such cancellation, change in coverage, or nonrenewal. . - 5 7 of 8 iJEG 1 B 1990 ITEM ~1 .' .L -------- 20. PARTIAl. -NVALIDITY If any provision of this Agreement, or the application thereof, to any person or circumstances shall to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to person or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and be enforced to the fullest extent by law. IN WITNESS WHEREOF, the parties hereto have set their hands on the date first above written. CiTY OF POWAY POWAY VALLEY SENIOR CiTiZENS, iNC. Jan Goldsmith, Mayor William J. Dulmage, President ATTEST: Marjorie K. Wahlsten, city Clerk APPROVED AS TO FORM AND LEGALITY: Stephen M. ECkis, City Attorney . 6 LJEC 1 S:990 ITEM . , 8 of 8 ) ;