Item 31 - REVISED Facilities Use Agreement Poway Valley Senior Citizens, Corp.
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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.
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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.
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Attachment:
Facilities Use Agreement
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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
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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.
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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.
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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
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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:
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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.
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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
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